Effective Date: From the date of publication.
Applies to: All purchases of digital products or services from Bell the UCAT via belltheucat.co.uk

By ticking the box confirming your agreement to these Terms of Purchase at the time of checkout, and by completing your purchase, you signify your acceptance of the following terms in their entirety. These Terms constitute a legally binding agreement between you and Bell the UCAT. If you do not accept these Terms in full, you must not complete your purchase.

1. Definitions and Interpretation

1.1 In these Terms of Purchase (the “Terms“), the following words and expressions shall have the meanings set out below, unless the context otherwise requires:

“Account” means the personal user account created by the Customer on the Platform, protected by an email address and password chosen by the Customer;
“Applicable Law” means all statutes, statutory instruments, regulations, codes of practice, and legally binding guidance in force from time to time in England and Wales relevant to the subject matter of these Terms, including without limitation the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Copyright, Designs and Patents Act 1988, the Fraud Act 2006, the Computer Misuse Act 1990, the Data Protection Act 2018, and the UK General Data Protection Regulation;
“Bell the UCAT“, “we“, “us“, or “our” means the trading entity operating the Platform, contactable at hi@belltheucat.co.uk;
“Course Content” means the totality of digital materials made available to the Customer through the Platform, including but not limited to video lectures, on-demand video lessons, question banks, adaptive practice engines, walkthrough solutions, worked examples, downloadable portable document format (PDF) resources, worksheets, notes, methodology guides, quantitative reasoning applications, verbal reasoning applications, interactive components, artificial intelligence-driven coaching features, and any accompanying supplementary materials whether textual, audio-visual, computational, or otherwise;
“Customer“, “you“, or “your” means the natural person purchasing a Product from Bell the UCAT for their own personal, non-commercial, educational use;
“Free Trial” has the meaning given at Clause 9;
“Intellectual Property Rights” or “IPR” means all present and future copyrights, database rights, sui generis rights in databases, trademarks (whether registered or unregistered), service marks, trade names, get-up, design rights (whether registered or unregistered), patents, know-how, confidential information, trade secrets, moral rights, rights in performances, rights in domain names, and all other intellectual property rights and analogous rights subsisting anywhere in the world, whether currently protected or protectable in the future, and whether or not such rights are registered, together with all applications for the same and all rights to sue for past infringements thereof;
“Licence” has the meaning given at Clause 3.1;
“Platform” means the digital learning environment operated by Bell the UCAT at the domain belltheucat.co.uk, including all sub-domains, associated mobile-responsive interfaces, hosted applications, video streaming services, and integrated third-party services delivered thereunder;
“Product” means any of the digital courses, subscriptions, question-bank access grants, downloadable materials, hosted applications, coaching tools, tutoring bookings, or bundles offered for sale by Bell the UCAT;
“Purchase Date” means the date on which the Customer’s payment for a Product is successfully processed by the payment provider and confirmed by Bell the UCAT;
“Registered User” has the meaning given at Clause 5.5(a);
“Term” means the period of Licence granted to the Customer as stated on the relevant product page at the time of purchase, typically extending until 31 October in the year of purchase.

1.2 Headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

1.3 References to statutory provisions shall be construed as references to those provisions as amended, extended, re-enacted, or replaced from time to time.

1.4 The words “including” and “such as” shall be construed without limitation, and shall not restrict the generality of any preceding words.

1.5 In the event of any inconsistency between these Terms and any prior communication, marketing material, or representation, these Terms shall prevail.

2. Formation of Contract

2.1 By clicking the “Place Order” button (or any functionally equivalent submission control) on the checkout page of the Platform, the Customer submits an offer to purchase the selected Product on and subject to these Terms.

2.2 A binding contract shall be formed between the Customer and Bell the UCAT upon Bell the UCAT’s electronic acknowledgement of the Customer’s payment having been successfully processed by the applicable payment provider.

2.3 The Customer represents and warrants that:

(a) they are at least thirteen (13) years of age (and, if under eighteen (18), that they have obtained the informed consent of a parent or legal guardian to enter into these Terms);
(b) they are legally capable of entering into a binding contract in their jurisdiction of residence;
(c) all information provided by them at the point of registration and purchase is true, accurate, complete, and not misleading;
(d) they are purchasing the Product solely for their own personal educational purposes and not for the purpose of resale, redistribution, or exploitation in any commercial context.

2.4 These Terms, together with any order confirmation, the Privacy Policy, and any product-specific supplementary terms notified to the Customer at the point of purchase, constitute the entire agreement between the parties and supersede all prior discussions, representations, negotiations, correspondence, understandings, or agreements, whether written or oral.

3. Grant of Limited Licence

3.1 Subject to the Customer’s continuing compliance with these Terms and receipt by Bell the UCAT of payment in full, Bell the UCAT hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence (the “Licence“) to access and use the Course Content associated with the purchased Product, strictly for the Customer’s own personal educational purposes and strictly for the duration of the Term.

3.2 The Licence is granted for the sole benefit of the Customer as a natural person. The Licence may not be assigned, transferred, sold, leased, sub-licensed, gifted, bequeathed, or otherwise disposed of, whether in whole or in part, whether for consideration or gratuitously, and whether during the Customer’s lifetime or by operation of testamentary disposition. Any purported assignment or transfer in contravention of this Clause 3.2 shall be null and void ab initio and shall constitute a material breach of these Terms.

3.3 Without limiting the generality of Clause 3.2, the Licence expressly excludes any and all rights to:

(a) share, sublicense, resell, redistribute, publish, broadcast, transmit, communicate to the public, make available, or otherwise disseminate the Course Content or any portion thereof to any third party, whether for profit or otherwise;
(b) use the Course Content, whether in whole or in part, in any commercial context, including without limitation for the purposes of tutoring, teaching, coaching, mentoring, group instruction, resale, sub-licensing, or the operation of any competing or supplementary educational service, whether operated by the Customer personally or by any entity in which the Customer has an interest;
(c) create, prepare, compile, or derive any adaptation, translation, condensation, abridgement, summary, transcript, or other derivative work based on or incorporating the Course Content;
(d) use the Course Content in the training, fine-tuning, or evaluation of any artificial intelligence, machine learning, or algorithmic system, whether such system is intended for commercial exploitation, academic research, personal use, or any other purpose;
(e) exercise or enjoy any of the exclusive rights conferred on the copyright owner by Sections 16 to 27 of the Copyright, Designs and Patents Act 1988, save as strictly necessary for the Customer’s personal viewing of the Course Content via the Platform’s intended user interface.

3.4 The Licence is at all times strictly personal to the Customer named on the payment method used to make the purchase. Bell the UCAT reserves the right to require reasonable evidence of identity where any doubt exists as to the identity of the Registered User.

4. Intellectual Property Rights

4.1 The Customer acknowledges and agrees that all Intellectual Property Rights subsisting in and to the Platform, the Course Content, the underlying software, the source code, the compiled binaries, the object code, the databases, the visual designs, the user interface elements, the Bell the UCAT trademarks and brand identifiers, the interactive engines, the question-authoring methodology, the adaptive-learning algorithms, the analytic dashboards, the artificial intelligence coaching modules, and all supporting materials of every description are and shall remain the exclusive property of Bell the UCAT and/or its licensors, as the case may be. No Intellectual Property Rights of any nature shall pass to or vest in the Customer under these Terms, by operation of any purchase, or by any use of the Platform.

4.2 The Customer shall not, and shall not permit, authorise, encourage, or facilitate any other person to, directly or indirectly:

(a) copy, reproduce, duplicate, screen-record, screenshot, screen-capture, record by any audio, video, or audio-visual recording device (including without limitation Open Broadcaster Software (“OBS”), Loom, QuickTime, ScreenFlow, Camtasia, Windows Game Bar, Xbox Game Bar, macOS built-in screen recording, iOS Screen Recording, Android screen recording, or any equivalent tool of any operating system or third-party software), download, save, cache, print, save-as-PDF, mirror, extract, rip, or otherwise create any copy of any Course Content, whether in whole or in part, in any medium, permanent or transitory, save as is strictly necessary for the personal, transient viewing of Course Content by the Customer within the Platform’s intended user interface;
(b) reverse engineer, decompile, disassemble, decrypt, translate, adapt, modify, or otherwise attempt to derive the source code, object code, algorithms, protocols, encryption keys, digital rights management schemes, streaming manifests, or underlying methodology of the Platform, the Course Content, or any component thereof;
(c) remove, obscure, alter, conceal, distort, deface, or otherwise interfere with any copyright notice, trademark, watermark (whether visible or invisible), proprietary legend, credit line, digital signature, or content-identification metadata appearing in, on, or associated with the Course Content;
(d) circumvent, disable, bypass, deactivate, interfere with, or attempt to thwart any digital rights management technology, content protection mechanism, access control system, authentication feature, encryption scheme, tokenised URL protection, or security feature deployed by or on behalf of Bell the UCAT;
(e) use any automated tool, script, bot, robot, crawler, scraper, spider, headless browser, browser extension, or any other software or process to access, index, retrieve, harvest, or otherwise interact with the Platform or Course Content in a manner not contemplated by the Platform’s intended user interface;
(f) upload, transmit, host, distribute, offer for sale, offer for licence, or otherwise make available any Course Content on any file-sharing service, torrent network, peer-to-peer network, cloud storage service, video-hosting service, learning-management system, private group, semi-private group, messaging application (including without limitation WhatsApp, Telegram, Signal, Discord, WeChat, iMessage), or any social media platform;
(g) incorporate any Course Content into any tutoring pack, coaching material, revision resource, examination-preparation product, YouTube video, TikTok video, Instagram Reel, blog post, podcast, or any other publicly disseminated content, whether monetised or not.

4.3 Any breach or attempted breach of Clause 4.2 shall constitute a material breach of these Terms and an infringement of Bell the UCAT’s Intellectual Property Rights, entitling Bell the UCAT (without prejudice to any other rights or remedies available to it) to exercise any or all of the following at its sole discretion:

(a) immediately suspend or terminate the Customer’s Account and any associated Licence without notice and without refund of any sum previously paid;
(b) issue a demand for liquidated damages of £1,000 (one thousand pounds sterling) per infringing copy made or distributed, and £10,000 (ten thousand pounds sterling) per act of redistribution or unauthorised disclosure to any third party;
(c) commence civil proceedings for damages (including without limitation additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1988), an account of profits, delivery-up of infringing copies, injunctive relief (whether interim or final), and recovery of all legal costs and disbursements reasonably incurred by Bell the UCAT in enforcing its rights;
(d) report the matter to the appropriate law enforcement authority, given that unauthorised commercial dealing in infringing copies of copyright works, and the making of infringing copies for the purposes of trade, may constitute a criminal offence under Sections 107 to 110 of the Copyright, Designs and Patents Act 1988, punishable on indictment by imprisonment for a term not exceeding ten (10) years and/or an unlimited fine;
(e) report the matter to His Majesty’s Revenue and Customs where the infringing conduct may involve undeclared income or the evasion of Value Added Tax;
(f) report the matter to the Intellectual Property Office and/or the relevant trading standards authority;
(g) publicly identify the infringer, once liability has been established by admission or by determination of a court of competent jurisdiction, in any reasonable manner Bell the UCAT considers appropriate.

4.4 The Customer acknowledges that unauthorised reproduction, distribution, or public communication of the Course Content is likely to cause Bell the UCAT substantial financial and reputational harm of a nature that is inherently difficult to quantify with precision. The Customer agrees that the sums specified in Clause 4.3(b) represent a genuine, proportionate, and reasonable pre-estimate of Bell the UCAT’s foreseeable loss and are agreed as liquidated damages, and that such sums shall not be construed as a penalty. The Customer waives any right to challenge the reasonableness of such sums in any subsequent proceedings.

4.5 The Customer expressly acknowledges and consents that Course Content, and in particular audio-visual Course Content, may contain visible watermarks, invisible watermarks, forensic marks, and/or session-specific identifiers embedded within the audio-visual signal or associated metadata, uniquely identifying the Registered User to whom the content was streamed. The Customer consents to the use of such marks for the purposes of tracing unauthorised copies and enforcing Bell the UCAT’s Intellectual Property Rights.

4.6 The Customer shall promptly notify Bell the UCAT of any suspected, threatened, or actual infringement of Bell the UCAT’s Intellectual Property Rights of which the Customer becomes aware, whether committed by the Customer, by any third party, or by any person acting in association with the Customer.

5. Permitted and Prohibited Use

5.1 The Customer may use the Platform only on personal computing devices under the Customer’s sole control (including personal desktop computers, laptop computers, tablet computers, and smartphones), and only for the purpose of the Customer’s own examination preparation.

5.2 Without limiting the generality of Clauses 3 and 4, the following activities are strictly prohibited and constitute material breaches of these Terms:

(a) sharing, disclosing, or transferring Account credentials (including without limitation email address, password, one-time passcodes, magic links, authentication tokens, or session cookies) to any third party;
(b) accessing the Platform through a virtual private network (VPN), proxy server, anonymising service, or any similar technology for the purpose of circumventing geographical restrictions, access controls, monitoring measures, or trial-eligibility limits;
(c) creating multiple Accounts using different email addresses, aliases, disposable email services, or otherwise, whether for the purposes of circumventing trial limitations, obtaining multiple free trials, evading a prior suspension, evading a prior refund refusal, or otherwise abusing the Platform;
(d) misrepresenting the Customer’s identity, age, place of residence, or any other material fact at any point during registration, purchase, or use of the Platform;
(e) engaging in any conduct that could reasonably be construed as fraud, deception, or abuse, including without limitation the initiation of a payment chargeback in respect of Course Content that the Customer has substantively accessed and used;
(f) using the Platform in any manner that could damage, disable, overburden, impair, or interfere with the Platform’s operation or with any other user’s enjoyment of the Platform.

5.3 Screen recording, screen capturing, screen mirroring, and screen sharing (whether live, recorded, or via any streaming service including without limitation Zoom, Microsoft Teams, Google Meet, Discord Screen Share, or any successor or equivalent), and any other technological means of capturing, reproducing, or transmitting the audio-visual output of the Platform to a third party or to persistent storage, are expressly prohibited and constitute a material breach of these Terms as well as an infringement of Bell the UCAT’s Intellectual Property Rights.

5.4 Bell the UCAT reserves the right to monitor Account activity for compliance with these Terms, including without limitation the logging of Internet Protocol addresses, device fingerprints, browser signatures, playback events, watch time, geographical access patterns, click paths, and any other reasonable indicia of usage. The Customer expressly consents to such monitoring for the purposes of contractual enforcement, fraud prevention, and platform-integrity maintenance.

5.5 Account Sharing Prohibition

(a) One Account, One Person. Each Account is issued to and licensed for the sole use of a single, identified natural person (the “Registered User“), being the individual named on the payment method used to purchase the Product. The Registered User’s Licence is strictly personal, non-transferable, and non-sublicensable.

(b) No Credential Sharing. The Customer shall not, under any circumstances, disclose, share, transfer, publish, or otherwise make available their Account credentials (including without limitation email address, password, one-time codes, magic links, and any authentication tokens) to any other person, whether a family member, sibling, spouse, partner, friend, study-group member, tutor, teacher, colleague, employer, employee, or any other individual or entity.

(c) No Concurrent or Alternating Access. The Customer shall not permit or facilitate any other person to view, use, or access the Course Content via the Customer’s Account, whether concurrently, alternately, remotely (including without limitation via screen-sharing, remote-desktop, streaming, or any form of live transmission), or by any other means. Access shared amongst multiple individuals — including within a single household or family unit — constitutes a material breach of these Terms.

(d) Monitoring and Detection. The Customer acknowledges and expressly consents that Bell the UCAT operates automated and manual systems to detect Account sharing, including but not limited to: (i) monitoring of concurrent, sequential, or geographically-inconsistent logins; (ii) analysis of device fingerprints, browser signatures, operating system indicators, and Internet Protocol address diversity across sessions; (iii) inspection of playback patterns and interaction cadences inconsistent with a single user; (iv) correlation of Account activity with anomalies suggestive of multi-user access. The Customer waives any objection to such monitoring for the purposes of contractual enforcement.

(e) Consequences of Breach. Upon detection of a suspected or confirmed breach of this Clause 5.5, Bell the UCAT may, at its sole discretion and without prior notice:

(i) immediately suspend or terminate the Account without refund of any sum previously paid;
(ii) issue a demand for liquidated damages of £1,000 (one thousand pounds sterling) for each additional person identified or reasonably suspected of having accessed the Account beyond the Registered User;
(iii) commence civil proceedings for recovery of such damages, associated legal costs, and any further loss demonstrably suffered by Bell the UCAT;
(iv) refer the matter to relevant law enforcement or regulatory authorities where the conduct may amount to fraud under the Fraud Act 2006, obtaining services dishonestly under Section 11 of the Fraud Act 2006, or unauthorised access to computer material under Section 1 of the Computer Misuse Act 1990.

(f) Reasonable Estimate of Loss. The Customer acknowledges that Account sharing directly deprives Bell the UCAT of legitimate revenue that would otherwise have arisen from separate purchases by each additional user, and that the loss occasioned by such conduct is inherently difficult to quantify with precision. The Customer agrees that the liquidated damages specified in Clause 5.5(e)(ii) represent a genuine, proportionate, and reasonable pre-estimate of Bell the UCAT’s foreseeable loss and are agreed as liquidated damages, and shall not be construed as a penalty.

6. Account Security

6.1 The Customer is solely responsible for maintaining the confidentiality of their Account credentials and for all activity occurring under or in connection with their Account, whether authorised or unauthorised.

6.2 The Customer shall use a password of reasonable strength and shall not adopt a password that has been previously used on any other online service.

6.3 The Customer shall notify Bell the UCAT immediately in writing upon becoming aware of any unauthorised access to, unauthorised use of, or suspected compromise of their Account.

6.4 Bell the UCAT shall not be liable for any loss, damage, or unauthorised use arising from the Customer’s failure to comply with the obligations set out in this Clause 6.

7. Payment and Pricing

7.1 All prices are stated in pounds sterling (GBP) and are inclusive of United Kingdom Value Added Tax at the prevailing rate, unless otherwise expressly stated on the applicable product page at the time of purchase.

7.2 Payment is processed by third-party payment providers, including without limitation Stripe, Inc., Klarna Bank AB, Apple Inc. (via Apple Pay), and Google LLC (via Google Pay). By purchasing, the Customer agrees to the applicable terms of service and privacy policies of the relevant payment provider(s).

7.3 The Customer represents and warrants that they are the lawful holder of the payment method used or, in the case of a third-party payment, that they have the informed and irrevocable consent of the lawful holder to use it for the purchase.

7.4 Prices displayed on the Platform at the time of the Purchase Date shall be binding for that particular purchase, notwithstanding any subsequent changes to Bell the UCAT’s pricing.

7.5 Bell the UCAT reserves the right to modify pricing for any Product at any time without prior notice, provided that any such modification shall not affect purchases already completed at the time of the change.

7.6 In the event of a payment chargeback initiated by the Customer or by any third party on the Customer’s behalf, Bell the UCAT reserves the right to suspend the Account, revoke the Licence, and pursue recovery of the disputed sum together with any associated dispute-processing fees and administrative costs.

8. Refunds, Cancellation, and Cooling-Off Waiver

8.1 All sales of Products from Bell the UCAT are final upon successful processing of payment and the grant of access to the Course Content. The Customer expressly acknowledges that Products constitute “digital content” within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “CCR 2013“) and Chapter 3 of Part 1 of the Consumer Rights Act 2015.

8.2 By purchasing a Product, the Customer explicitly requests and consents that supply of the Course Content shall begin immediately upon Purchase Date, and shall not be delayed until expiry of any cancellation period. The Customer acknowledges that access to the Course Content will be enabled by Bell the UCAT within a period considerably shorter than the fourteen (14) day period referenced in Regulation 30 of the CCR 2013, and that this is essential to the nature and purpose of the Product.

8.3 Cooling-Off Waiver. The Customer expressly acknowledges that, pursuant to Regulation 37 of the CCR 2013, by requesting immediate supply of digital content and by accessing any element of the Course Content within the fourteen (14) day statutory cancellation period, the Customer irrevocably waives their statutory right to cancel the contract under Regulation 29 of the CCR 2013. The Customer confirms that this waiver has been brought to their attention prior to purchase, has been read and understood by them, and is given freely, expressly, and with fully informed consent. This waiver forms an integral part of the consideration for the purchase.

8.4 Notwithstanding Clauses 8.1 to 8.3, Bell the UCAT may, entirely at its discretion and without creating any precedent or contractual obligation, consider requests for a refund solely in the following limited circumstances:

(a) where a verified, sustained, technical fault attributable to the Platform prevents the Customer from accessing the purchased Course Content, and Bell the UCAT is unable to resolve the fault within a reasonable period following notification;
(b) where the Product delivered materially differs from the description provided at the point of sale and cannot be brought into conformity within a reasonable period;
(c) in cases of proven duplicate charging by the payment processor.

8.5 Any refund request advanced under Clause 8.4 must be submitted in writing to hi@belltheucat.co.uk within seventy-two (72) hours of the Purchase Date, must specify with precision the nature of the fault or defect relied upon, and must be accompanied by supporting evidence sufficient for Bell the UCAT reasonably to verify the claim. Refund requests submitted outside this seventy-two (72) hour window shall not be considered.

8.6 Change of mind, unsuitability of the Product for the Customer’s individual study preferences, changes in the Customer’s circumstances, withdrawal (elective or otherwise) from the UCAT examination, dissatisfaction with the pace, style, tone, level of difficulty, presentation, methodology, or content of the Course Content, and any similar subjective grounds do not constitute grounds for refund under this Clause 8, and shall not entitle the Customer to any refund, credit, exchange, or compensation.

8.7 Nothing in this Clause 8 shall affect or limit the Customer’s non-excludable statutory rights under Chapter 3 of Part 1 of the Consumer Rights Act 2015 in respect of digital content that fails to meet the statutory quality standards of satisfactory quality, fitness for purpose, or conformity with description.

8.8 For the avoidance of doubt, any refund issued by Bell the UCAT under Clause 8.4 shall be net of any payment-processing fees, chargeback fees, or foreign-exchange fees incurred by Bell the UCAT in connection with the original transaction and any subsequent refund transaction.

9. Free Trial

9.1 Bell the UCAT offers a limited free trial (the “Free Trial“) to enable prospective Customers to evaluate the Platform prior to purchase. The Free Trial provides, on a “as is” basis: (a) a capped number of practice questions per subject section; (b) access to a limited subset of introductory video content; and (c) full access to the QuantSprint™ and VR Dribble applications, for a fixed duration of three (3) calendar days from activation.

9.2 The Free Trial is offered as a genuine opportunity for prospective Customers to evaluate the Platform, and the Customer is strongly encouraged to make full use of the Free Trial before committing to a paid purchase.

9.3 The Free Trial is provided on an “as is” and “as available” basis, without warranty of any kind.

9.4 The provision of the Free Trial shall not, in any circumstances, be construed as constituting or implying any warranty, undertaking, or representation as to the quality, fitness, or performance of the paid Products.

9.5 The Customer’s decision to purchase a paid Product following completion (or non-completion) of the Free Trial constitutes an informed decision made with full opportunity to evaluate the Platform, and Clause 8 shall accordingly apply without qualification once a paid Product is accessed.

10. Warranties and Disclaimers

10.1 The Platform and Course Content are provided on an “as is” and “as available” basis, without warranty of any kind, whether express, implied, statutory, or arising by operation of custom, course of dealing, or usage of trade, save for those warranties which cannot lawfully be excluded or limited under Applicable Law.

10.2 Without limiting the generality of Clause 10.1, Bell the UCAT does not warrant, represent, or undertake that:

(a) use of the Platform or Course Content will result in any particular examination score, university admission outcome, professional advancement, or educational result;
(b) the Platform will be uninterrupted, error-free, timely, secure, or free of viruses, malware, or other harmful components;
(c) any information provided within the Course Content is complete, accurate, current, or up-to-date at all times;
(d) the Platform will be compatible with the Customer’s particular hardware, operating system, browser, network configuration, or accessibility requirements;
(e) any communication with Bell the UCAT will be responded to within any particular period.

10.3 The Customer expressly acknowledges that examination outcomes depend on numerous factors beyond the Course Content, including without limitation the Customer’s individual effort, aptitude, existing knowledge and skills, examination technique, health, examination-day performance, and matters of chance, and that Bell the UCAT makes no representation or guarantee whatsoever regarding examination outcomes.

10.4 Any reliance placed by the Customer on any information contained within the Course Content is entirely at the Customer’s own risk.

11. Limitation of Liability

11.1 Nothing in these Terms shall limit or exclude Bell the UCAT’s liability for:

(a) death or personal injury caused by its negligence, or by the negligence of its employees, agents, or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be unlawful for Bell the UCAT to exclude or restrict liability.

11.2 Subject to Clause 11.1, Bell the UCAT’s total aggregate liability to the Customer arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise, shall in no circumstances exceed the total amount actually paid by the Customer to Bell the UCAT for the specific Product giving rise to the claim.

11.3 Subject to Clause 11.1, Bell the UCAT shall not be liable to the Customer for any:

(a) loss of profits, sales, business, revenue, or opportunity;
(b) loss of anticipated savings;
(c) loss of goodwill, reputation, or image;
(d) loss of, damage to, or corruption of data;
(e) loss of examination or assessment outcome;
(f) indirect, consequential, special, incidental, exemplary, or punitive damages of any kind,

howsoever arising and whether or not Bell the UCAT was advised of the possibility of such loss or damage.

12. Indemnity

12.1 The Customer shall indemnify, defend, and hold harmless Bell the UCAT, its officers, directors, employees, agents, contractors, and licensors from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, penalties, fines, judgments, awards, settlements, costs, and expenses (including without limitation reasonable legal fees on a full indemnity basis) arising out of or in connection with:

(a) the Customer’s breach of these Terms;
(b) the Customer’s infringement of any Intellectual Property Right of Bell the UCAT or of any third party;
(c) any unauthorised use, disclosure, or exploitation of the Course Content by the Customer or by any person accessing the Course Content through the Customer’s Account;
(d) any claim by any third party arising from the Customer’s use of the Platform in breach of these Terms;
(e) any fraudulent, wilful, or grossly negligent act or omission of the Customer.

13. Suspension and Termination

13.1 Bell the UCAT may suspend or terminate the Customer’s Account and access to the Course Content immediately, without notice and without refund of any sum previously paid, in the event of any material breach of these Terms by the Customer, including without limitation any breach of Clauses 3, 4, or 5.

13.2 Bell the UCAT may suspend the Customer’s Account without prior notice pending investigation of any suspected material breach of these Terms.

13.3 Upon expiry of the Term of the Product, the Customer’s Licence shall automatically terminate and access to the Course Content shall cease.

13.4 Termination of the Licence, whether for breach, expiry, or otherwise, shall not affect any rights, obligations, or liabilities of the parties which have accrued prior to termination, and Clauses 4, 5.5, 8, 10, 11, 12, 15, and 16 shall survive termination indefinitely.

14. Force Majeure

14.1 Bell the UCAT shall not be liable to the Customer for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Bell the UCAT’s reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, epidemics, pandemics, accidents, telecommunications or network infrastructure failures, cyber-attacks, strikes, industrial disputes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

15. Governing Law and Jurisdiction

15.1 These Terms and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of England and Wales.

15.2 The Customer 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.

16. General

16.1 Severability. If any provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the remainder of these Terms.

16.2 No Waiver. No failure or delay by Bell the UCAT to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

16.3 Amendments. Bell the UCAT may amend these Terms at any time by posting the revised Terms on the Platform. The revised Terms shall apply to purchases made on or after the effective date of the revision. Continued use of the Platform following such posting shall constitute the Customer’s acceptance of the revised Terms.

16.4 Assignment. The Customer may not assign, transfer, or sub-contract any of their rights or obligations under these Terms without Bell the UCAT’s prior written consent. Bell the UCAT may assign, transfer, or sub-contract any of its rights or obligations under these Terms freely.

16.5 No Partnership or Agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, or relationship of agency between the parties.

16.6 Third-Party Rights. 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 term of these Terms.

16.7 Notices. Any notice required or permitted to be given under these Terms shall be given in writing and sent to the recipient at the postal or email address most recently notified by the recipient. Notices to Bell the UCAT shall be sent to hi@belltheucat.co.uk.

16.8 Entire Agreement. These Terms, together with the documents referred to at Clause 2.4, constitute the entire agreement between the parties and supersede all prior communications, whether oral or written.

17. Contact

Any questions, notices, requests, or communications relating to these Terms should be sent to Bell the UCAT at:

hi@belltheucat.co.uk

End of Terms of Purchase — Effective from date of publication.