Terms of Service

Effective date: 6 May 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of Beyond Divergent's website at https://www.beyonddivergent.com and the coaching services and digital products offered through it (collectively, the "Service"), operated by Beyond Divergent ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, do not access the Service.

We reserve the right to update these Terms. Material changes will be signalled by updating the "Effective Date" above. Your continued use after a change constitutes acceptance.

2. Use of Our Service

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. You must not:

  • Violate any applicable local, national, or international law or regulation
  • Send unsolicited or unauthorised advertising or promotional material via the Service
  • Engage in conduct that disrupts or impairs the Service or other users
  • Attempt to gain unauthorised access to any portion of the Service, accounts, or connected systems
  • Use automated systems (bots, scrapers, spiders) to access the Service without our written consent

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using it, you confirm you meet this requirement and have the legal capacity to enter into a binding agreement.

4. Coaching Services

Beyond Divergent provides professional coaching facilitated by Dennis Liebenberg, an ICF-certified ACC coach with specialised neurodivergent training. Coaching is a forward-focused, goal-oriented partnership grounded in the ICF Core Competencies.

Coaching is not psychotherapy, counselling, medical or psychiatric care, legal advice, financial advice, or any form of clinical treatment. We do not diagnose, prescribe, or treat mental health, medical, legal, or financial conditions. If you are experiencing acute mental health concerns, suicidal ideation, or a medical emergency, please contact a qualified professional or your local emergency services.

Coaching outcomes depend significantly on your engagement, self-direction, and individual circumstances. We make no guarantees about specific results, timelines, or outcomes.

Sessions may be recorded only with your explicit consent, given session by session. Notes taken during or after sessions are kept confidential, with the limits described in Section 7.

5. Digital Products

Digital products purchased through the Service (e.g., workbooks, courses, downloadables) are licensed — not sold — to you for personal, non-commercial use. You may not redistribute, resell, share access, or create derivative works without our prior written consent.

Access to digital products may be delivered via email, direct download, or a hosted platform. Once delivered or accessed, digital products are subject to the Refund & Cancellation Policy.

6. Purchases and Payments

Purchases on the Service are processed by Paystack. By making a purchase you confirm:

  • You have the legal right to use the payment method
  • The information you provide is true, correct, and complete

Prices are displayed in South African Rand (ZAR) unless otherwise stated. International cards may be subject to currency conversion charged by your bank.

We may refuse or cancel orders for reasons including pricing or description errors, suspected fraud, or unavailability. If we cancel an order you have already paid for, we will refund the full amount.

7. Confidentiality

We treat the content of coaching sessions, intake forms, and related communications as confidential. We may, however, disclose information without your consent where required by law, where there is an imminent risk of serious harm to you or others, or to comply with our professional ethical obligations as an ICF-certified coach.

8. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Beyond Divergent and its licensors. The Service is protected by copyright, trademark, and other laws. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any of the material without our prior written consent, except as permitted by applicable copyright law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Beyond Divergent, its affiliates, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.

For consumers in the European Economic Area, United Kingdom, or other jurisdictions where statutory consumer rights apply, nothing in these Terms limits those rights.

10. Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Service will be uninterrupted, secure, or error-free.

11. Indemnification

You agree to defend, indemnify, and hold harmless Beyond Divergent and its agents from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your misuse of the Service, your violation of these Terms, your violation of third-party rights, or any content you submit through the Service.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. The exclusive jurisdiction for any dispute is the competent courts of the Western Cape, South Africa.

These Terms are subject to the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013 (POPIA), where applicable.

If you are a consumer in the European Union or United Kingdom, you may also benefit from mandatory consumer-protection provisions of the law of your country of residence — nothing in these Terms limits those rights.

13. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason — including breach of these Terms. You may stop using the Service at any time.

Provisions that by their nature should survive termination — including ownership, warranty disclaimers, indemnity, and limitation of liability — survive.

14. Severability

If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in effect.

15. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide reasonable notice (e.g., by updating the Effective Date and, where you are a registered user, by email). Your continued use after the change constitutes acceptance.

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