1. These Terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Brains Behind The Business is a sole trader business operating in England. The business is owned and operated by Kirsty Holden.
2.2 You can contact our customer service team at contact@brainsbehindthebusiness.com
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 You agree to these terms when you place your order. Our acceptance of your order will take place when we email you a receipt or confirmation, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will either not charge you for the product or refund you if you’ve already paid. This might be because the product is unavailable, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
4. Our rights to make changes
4.1 We may update course content and digital products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not materially affect your use of the product.
4.2 We may update these terms and conditions at any time. The latest version will always be available on our website. Changes to these terms will apply to future purchases but will not affect contracts already in place.
5. Providing the products or services
5.1 During the checkout process we will clearly display when you will receive access to the product. For pre-orders, the expected release date will be shown before you complete your purchase.
5.3 If the products are digital content, online courses, or certification programmes, we will supply access to you for the duration specified at the time of purchase.
Access continues until either:
– The course or programme is completed
– The access period expires (if applicable)
– You end the contract as described in clause 6, or
– We end the contract by written notice to you as described in clause 8
5.4 If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.5 We may have to suspend the supply of a product or services to:
5.5.1. Deal with technical problems or make minor technical changes;
5.5.2 Update the product or service to reflect changes in relevant laws and regulatory requirements;
5.6 We will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than 1 month you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.8 If you do not pay us for the products when you are supposed to (see clause 9.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend access to the products until you have paid us the outstanding amounts. As well as suspending access we can also charge you interest on your overdue payments (see clause 9.4).
6. Your rights to end the contract
6.1 You have the right to cancel your order and receive a refund in the following circumstances:
6.1.1 If the product is faulty or not as described;
6.1.2 If we have made an error in pricing or product description and you do not wish to proceed;
6.1.3 If there is a significant delay in providing access to the product due to events outside our control;
6.1.4 If we suspend access to the product for technical reasons for more than 1 month;
6.1.5 If we make changes to these terms or the product that you do not agree to;
6.1.6 Within 14 days of purchase if you have not yet accessed the product (see clause 6.2).
6.2 You have 14 days from the date of purchase to change your mind and receive a full refund, provided you have not accessed, downloaded or streamed any part of the digital content, online course or certification programme.
Once you access any part of the product, you waive your right to the 14-day cooling-off period. This is in accordance with the Consumer Contracts Regulations 2013.
6.3 If you cancel under clauses 6.1.1 to 6.1.5, we will refund you in full for products or access not yet provided.
7. How to end the contract with us (including if you have changed your mind)
7.1 If you are eligible to cancel under the circumstances set out in clause 6, please email us at contact@brainsbehindthebusiness.com with your name, order number and reason for cancellation.
7.2 Please note: Once you have accessed any part of a digital product, online course or certification programme, you cannot cancel or receive a refund unless the product is faulty or not as described.
7.3 We will process any eligible refunds within 14 days of receiving your cancellation request.
8. Our rights to end the contract
8.1 We may end the contract and suspend your access at any time by writing to you if:
8.1.1 You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; 8.1.2 You breach these terms and conditions;
8.1.3 You share your login credentials or access with others in breach of clause 18.2.
8.2 If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid in advance for access you have not yet received, but we may deduct reasonable compensation for any costs we incur as a result of your breach of contract.
8.3 We reserve the right to discontinue any product or course. If we do so, we will give you at least 30 days’ notice and will refund any amounts you have paid in advance for access not yet provided.
9. Price and payment
9.1 The price of the product will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
9.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 We accept payment with debit, bank transfers or credit cards. When you must pay depends on what product you are buying:
9.3.1 For digital products, online courses and certification programmes, you must make payment in full before we provide access to them. For instalment payment plans, you must complete all scheduled payments as agreed. We reserve the right to suspend access if payments are not received when due.
9.3.2 If you agree to pay by instalments or on a subscription basis, you are legally required to complete all scheduled payments unless otherwise agreed in writing. Failure to make a scheduled payment may result in access to services or digital content being suspended until payment is received in full.
9.3.3 Certification fees (where applicable) are included in the course price unless otherwise stated. Re-sits or re-assessment fees, if required, may be charged separately and will be communicated to you in advance.
9.4 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.5 If you think an invoice is wrong please contact us promptly to let us know.
10. Our responsibility for loss or damage suffered by you
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
.10.3 Our products are supplied for educational and professional development purposes. While you may apply the knowledge and skills gained in your employment, business or personal life, we are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of our training courses or certification programmes.
10.4 Our training courses, digital products and certification programmes are for educational and professional development purposes only. While our certification programmes meet stated learning outcomes, they do not constitute professional licensing or regulatory qualifications unless explicitly stated. You remain responsible for determining whether any qualification meets your specific professional or regulatory requirements. You are responsible for your own learning, application of knowledge, and professional decisions during and after completing our courses or programmes.
11. How we may use your personal information
11.1 We will only use your personal information as set out in our privacy policy: kirstyholden.com/privacy-policy
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13. Intellectual Property
13.1 All content, materials and resources provided as part of our services or digital products (including but not limited to text, workbooks, templates, videos, audio, graphics and logos) remain the intellectual property of Brains Behind The Business.
13.2 You are granted a non-exclusive, non-transferable licence to use the materials for your personal learning and professional development only. You may not copy, reproduce, distribute, publish, share, resell, or use any part of our materials for commercial training purposes without our prior written permission. This includes but is not limited to creating derivative courses or training based on our content.
14. Results and Limitation of Liability
14.1 While we take all reasonable care in providing our courses, digital products and certification programmes to meet stated learning outcomes, we do not guarantee any specific career results, employment outcomes, or business success. Any examples of student results or success stories are not promises or guarantees of what you will achieve..
14.2 You are solely responsible for any business, financial or personal decisions you make as a result of using our services or products. We are not liable for any loss of income, opportunities, or business decisions made based on our coaching or digital content.
15. Use of AI tools, recordings and note-taking
15.1 We may use artificial intelligence (AI) tools and software to support the creation, editing or delivery of our digital products and services.
15.2 We may also record coaching sessions (audio, video or transcript) and/or use human or AI-powered note-taking tools for the purpose of capturing notes, action points, or progress tracking.
15.3 Recordings and notes are used solely for internal reference and to improve the services we provide to you. They will not be shared with third parties without your consent, except where required by law.
15.4 All content, notes and materials created using or with the assistance of AI or human note-takers remain the intellectual property of Holden Operations Limited.
15.5 While we take reasonable steps to review and ensure the accuracy and confidentiality of all content provided, we do not guarantee that content generated or supported by AI or note-taking tools will be free from errors or omissions. You are responsible for how you choose to use and apply any information or materials provided.
16. Group Confidentiality and Peer Content
16.1 If you participate in any group coaching, community sessions, group programmes or similar settings, you agree to respect the confidentiality, privacy and intellectual property of all other participants.
16.2 You must not copy, record, share, or use any content, materials, business ideas, strategies or personal information shared by other participants without their express written permission.
16.3 You acknowledge that any breach of this obligation may result in your immediate removal from the group or programme without refund, and we accept no responsibility for disputes arising between participants.
17. Certification & Accreditation
17.1 Certification will be awarded upon successful completion of all required course elements, assessments and any other criteria specified in the course information.
17.2 Certificates remain our intellectual property but a licence is granted to you to display and reference your certification in accordance with our certification guidelines.
17.3 We reserve the right to revoke certification if we discover that:
– It was obtained fraudulently or through academic misconduct
– You have misrepresented your certification or our accreditation
– You have breached any terms of use 17.4
Any accreditation or recognition claims we make regarding our programmes are accurate as of the date of publication. We are not responsible if third-party accrediting bodies change their recognition criteria after your enrolment.
17.5 Certificates are issued digitally unless otherwise stated. Physical certificates may be available for an additional fee.
18. Access & Platforms We Use
18.1 Upon purchase of a digital product or online course, you will be provided with login credentials to access our learning platform.
18.2 Your access credentials are personal to you and must not be shared with any other person. You are responsible for maintaining the confidentiality of your login information.
18.3 We reserve the right to suspend or terminate your access if we detect unauthorised sharing of your account or breach of these terms.
18.4 Access periods for courses are specified at the time of purchase. Unless stated otherwise, access is for 12 months from the date of purchase or course start date.
18.5 We reserve the right to update, modify or discontinue any course content or platform features, provided such changes do not materially reduce the value of what you have purchased.
Last Updated: 2 November 2025
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