Interpretation
In these Conditions, the following definitions apply:
Ancillary Services: has the meaning set out in clause 5.1.
Application: any program or piece of software produced by Mastered contained either online and/or on the Website.
Bootcamp: the online program, course or event to be held on the date(s) or with the duration set out on the Landing Page supplied by Mastered alone
or in conjunction with Bootcamp Partners as set out in clause 4.
Bootcamp Finance Partner: a third-party lender with whom Mastered partners to provide tuition fee options for the Bootcamp as detailed on the Landing
Page for the relevant Bootcamp.
Bootcamp Start Date: the date of the start of the Bootcamp experience, including but not limited to introductory or onboarding meeting with your
Success Manager, Technical Mentor or Coach.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Career Agent Sessions: has the meaning set out in clause 4.5.2.
Career Support Services: has the meaning set out in clause 4.5.
Conditions: these terms of sale and service as amended from time to time in accordance with clause 33.1.
Contract: the contract between Mastered and the Customer for the supply of the Bootcamp(s) and/or access to Career Support Services in accordance
with these Conditions.
Contract Start Date: has the meaning set out in clause 3.2.
Customer: a Member who purchases the Bootcamp(s) and/or access to Career Support Services from Mastered. “they” shall have the same
meaning.
Customer Default: has the meaning set out in clause 7.4.
External profile: has the meaning set out in clause 2.4.
Force Majeure Event: has the meaning set out in clause 26.1.
Forums: has the meaning set out in clause 12.1 and each a "Forum".
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in
get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect
the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in
each case whether registered or unregistered and including all applications and rights to apply for and be granted,
renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms
of protection which subsist or will subsist now or in the future in any part of the world.
Learning Platform: any content published by Mastered either in print, online or on the Website, or publications, mediums or websites owned or
controlled by the Mastered.
Landing Page: the page on the Website setting out the details of the Bootcamp and/or Career Support Services and through which a Member is able to
apply to join the Bootcamp and/or sign up for Career Support Services.
Mastered: means Mastered Studios Limited, a private company limited by shares with company registration number 1158221 and whose registered address
is at Kemp House, 152-160 City Road, London, EC1V 2NX. "we" and "us" shall have the same meaning.
Mastered Privacy Policy: has the meaning set out in clause 2.4.
Member: a User who creates an Account.
Mentor Sessions: one-to-one live sessions with a Technical Mentor or/and Instructor.
Order: the Customer's application to order for the Bootcamp(s) and/or access to Career Support Services as set out on the Website.
Partner Materials: has the meaning set out in clause 13.5.
Payment Plan: an arrangement with Mastered for the Customer to pay for the Bootcamp(s) and/or Career Support Services in monthly instalments over a
period agreed between the Customer and Mastered, on terms agreed between Mastered and the Customer in writing.
Pay When Hired Plan: an arrangement with the Bootcamp Finance Partner for the Customer to pay for the Bootcamp(s) and/or Career Support Services on
terms that are determined and agreed with the Bootcamp Finance Partner.
Third Party Platform(s): websites, any program or piece of software belonging to third parties, including but not limited to Zoom, Discord Servers
and Google Apps.
User: a person who accesses, browses, downloads or uses the Website. "you" and "your" shall have the same meaning.
Website: means the website at www.mastered.com or join.mastered.com, any mobile application and any social networking pages as published from time to
time.
In these Conditions, the following rules apply:
a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
a reference to a party includes its personal representatives, successors or permitted assigns;
a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or
statutory
provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of
the words preceding those terms; and.
a reference to writing or written includes e-mails.
Creating an Account
You are free to browse the Website without creating an account (an
"Account"). However, in order to:
purchase the Bootcamp(s) and/or access to Career Support Services; and/or
interact with other Users,
you will need to register an Account and become a Member.
To be eligible to create an Account, you must:
subject to clause 2.3, be 18 years of age or older; and
provide information to Mastered as detailed below.
If you have not yet reached the age of 18, we require the consent of a parent or guardian for an Account to be created.
You can create an Account by entering your name, email address and further information as detailed in the Mastered’s privacy policy (“Mastered Privacy Policy”).
Alternatively, you can login to the Website and create an Account through a profile held in your name with a social networking website (an "External Profile"). In the
event that you seek to login through an External Profile, Mastered will use certain information about you contained on such External Profile to populate forms on the
Website.
By creating an Account, you explicitly accept these Terms of Service.
You will select a password for your Account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third
party. If you lose or have your password stolen, you must contact Mastered either by phone or email. Mastered will re-issue a password in accordance with their security
procedures as updated from time to time.
Each time you seek to access Member-only services on the Website, you will be required to login into your Account.
Mastered may reject any registration, close any Account and withdraw access to the Website for any reason, immediately and without notice, at its sole and absolute
discretion, including if you provide false or incorrect Account information, establish multiple Accounts or do not notify Mastered of changes to your profile
information immediately
Basis of contract
The Order constitutes an offer by the Customer to purchase the Bootcamp(s) and/or access to Career Support Services in accordance with these Conditions.
The Order shall only be deemed to be accepted when Mastered issues written acceptance of the Order at which point and on which date the Contract shall come into
existence (the "Contract Start Date").
The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance
or warranty made or given by or on behalf of Mastered, which is not set out in the Contract.
Any samples, drawings, descriptive matter or advertising issued by
Mastered, and any descriptions or illustrations contained on Mastered's
Website, are issued or published for the sole purpose of giving an
approximate idea of the Bootcamp(s) described in them. They shall not
form part of the Contract or have any contractual force.
These Conditions apply to the Contract to the exclusion of any other
terms that the Customer seeks to impose or incorporate, or which are
implied by trade, custom, practice or course of dealing.
Bootcamp “Support Until Hired”
Mastered supplies the Bootcamp(s) to Customers in accordance with these Conditions.
Each Bootcamp shall include the features set out on the relevant Landing Page which may include, but are not limited to:
access to one-to-one services, including Mentor Sessions and coaching;
access to group sessions and industry talks;
access to Mastered's content and/or online video library in respect of any Bootcamp in which a Customer participates so that the teaching sessions can be watched
again (such access being subject to Website updates but in any event, available for a minimum of one (1) years);
careers support services including the ability to get dedicated advice and support for your job search.
Mastered shall have the right to make any changes to the Bootcamp(s) which are necessary to comply with any applicable law or safety requirement, or which do not
materially affect the nature or quality of the Bootcamp(s) and Mastered shall notify the Customer in any such event.
All Technical Mentors and Coaches who instruct on the Bootcamps are not employed by Mastered and are appointed as independent contractors. Mastered (on behalf of itself
and any Bootcamp Finance Partner) excludes liability to the furthest extent permitted by law and pursuant to clause 21 in relation to a Bootcamp (including, but not
limited to, the Mentors who instruct on a Bootcamp).
At Mastered’s sole and absolute discretion, Bootcamps may be provided using Third Party Platforms. In the event that Third Party Platforms are used, to the fullest
extent permitted by law, Mastered makes no representations and has no liability in respect of any loss suffered by the Customer as a result of using such Third Party
Platforms.
Subject to clause 4.6, on completion of Technical Mentoring Phase One of the Bootcamp(s), the Customer may access Phase Two, Mastered’s careers and job support
services, which include but are not limited to Mastered’s employees or consultants (“Career Support Services”):
reviewing the Customer’s CV, Linkedin profile and other social media accounts;
conducting regular one-to-one Sessions (“Career Agent Sessions”) with the Customer to discuss the Customer’s recent job applications, job interviews, CV and other
topics associated with the Customer’s job search;
advising the Customer on his/her job search strategy;
supporting and advising the Customer on job interviews, negotiating and choosing job positions; and
providing the customer with support from the beginning of his/her job search until the first day he/she starts his/her full-time job or part-time job or contract
placement, that pays over £24,000 pro-rata annually including all benefits, contractual bonuses, tips and other remuneration;
In order to be eligible to sign up to and continue to obtain access to the Bootcamp and additional Career Support Services support until they are hired, the Customer
shall:
be legally eligible to work;
not fail background checks conducted by prospective employers or Mastered;
attend 85% of Mentor Sessions during the Bootcamp(s) they have signed up to. Failure to attend two consecutive Mentor Sessions shall entitle Mastered to terminate the
provision of the Bootcamp without notice;
attend the Career Agent Sessions. Failure to attend two consecutive Career Agent Sessions shall entitle Mastered to terminate the provision of the Career Support
Services without notice;
make reasonable efforts to implement recommendations, advice and guidance provided through the Mentor Sessions and Career Support Services; and
submit at least four job applications within every 30 days during Phase 2 of the Bootcamp.
In the event that a Customer reasonably fails to complete the work set during Mentor Sessions and Career Agent Sessions, or fails to attend sessions on more than one
consecutive occasion, Mastered in its sole and absolute discretion has the right to suspend or terminate the supply of Bootcamp and Career Agent Services, and its
Support Until Hired service. At this point, full and outstanding fees will become due immediately, as described in Section 10, and any sums already paid in respect of
such Bootcamp and/or Career Support Services shall not be refundable.
Mastered makes no guarantees or representations that Career Support Services and Support Until Hired will for certain result in the Customer being employed.
Ancillary services
Mastered makes available to Customers additional services provided by Technical Mentor partners and third parties ("Ancillary Services"). Ancillary Services are
optional services which may or may not be subject to the payment of additional fees to the third party providers.
Ancillary Services are provided at the discretion of the relevant third party provider.
Mastered shall have no liability in respect of the provision of Ancillary Services.
In respect of opportunities published on the Website or via Third Party Platforms, the Customer acknowledges and agrees that these opportunities are provided by third
parties and are not vetted or approved by Mastered. Mastered gives no representation or warranty about the suitability of any opportunity or its legitimacy. Customers
are advised to exercise appropriate caution when taking up any opportunity. In particular, Mastered is not acting as a recruitment agent and shall have no liability
with regards to the form or content of any job or placement opportunity published on the Website.
The Customer acknowledges and agrees that membership discounts and software licences are provided by third parties and are not contractual entitlements. Any discount or
licence may be withdrawn or amended at any time by the third party and Mastered makes no representations and has no liability in respect of any discount or membership
benefit.
Mastered events
Customers may be invited to attend events organised by Mastered, third parties or through the Mastered network.
Attendance at these events is not guaranteed and may incur additional expenses.
Mastered shall have no liability in respect of any loss or harm suffered by any Customer at an event organised by a third party or through Mastered’s network. Mastered
limits liability to the fullest extent in respect of any event organised by Mastered and Customer's attention is drawn to the limitation of liability provisions at
clause 20.
You acknowledge and agree that Mastered may video and photograph its events and events arranged through Mastered’s network and that Mastered may publish such content on
any Forum. By attending any event you irrevocably agree to being so photographed and consent to the use of such images by Mastered on any Forum.
Customer's obligations
The Customer shall:
cooperate with Mastered in all matters relating to the Bootcamp(s);
provide Mastered with such information and materials as Mastered may reasonably require in order to supply the Bootcamp(s) and/or Career Support Services, and ensure
that such information is accurate in all material respects; and
comply at all times with the Mastered code of conduct obligations as set out in clause 7.2.
Customers must abide by the following non-exhaustive code of conduct in this clause, which shall apply both when participating in Bootcamps in any capacity and when
using the Website. Customers must:
comply with applicable law in the UK and in any country from which they are accessing the Website and/or Bootcamp;
not threaten, abuse or invade the privay of another Member, Mastered employee, Technical Mentor's or Coach, or cause annoyance, inconvenience or needless
anxiety;
not harass, upset, embarrass, alarm or annoy any other Member, Mastered employee, Technical Mentor or Coach;
not impersonate any person, misrepresent his/her identity or affiliation with any person;
not make a contribution in Bootcamps or post Content that:
contains any material which is defamatory of any person;
contains any material which is obscene, offensive, hateful or inflammatory;
promotes sexually explicit material (other than where permitted by Mastered in writing in advance);
promotes violence;
promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
infringes any copyright, database right or trade mark of any other
person;
is likely to deceive any person;
promotes any illegal activity; and/or
gives the impression that they emanate from Mastered, if this is not the
case.
If any of the provisions listed in clause 7.2 are breached by a User, Mastered shall have the sole and absolute right to:
immediately terminate that User's Contract (where applicable) without any right to a refund;
immediately refuse that User access to the Website on a temporary or permanent basis; and
take any action that Mastered deems appropriate.
If Mastered's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to
perform any relevant obligation (a "Customer Default"):
Mastered shall without limiting its other rights or remedies have the right to suspend the supply of the Bootcamp until the Customer remedies the Customer Default,
and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Mastered's
performance of any of its obligations;
Mastered shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Mastered's failure or delay to perform
any of its obligations as set out in this clause 7; and
the Customer shall reimburse Mastered on written demand for any costs or losses sustained or incurred by Mastered arising directly or indirectly from the Customer
Default.
Charges and payment
Mastered shall invoice the Customer immediately upon the Customer placing an Order. Where a Customer places an Order for a Bootcamp or access to Career Support
Services, payment of the invoice must be received by Mastered either:
where the Customer elects to take advantage of a Payment Plan in accordance with the terms of the Payment Plan;
where the Customer elects to take advantage of third-party finance options, immediately on placing an Order; or
otherwise immediately on placing an Order.
All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being ("VAT").
If the Customer fails to make any payment due to Mastered under the Contract by the due date for payment, Mastered has the right (but not the obligation) to charge the
Customer, and the Customer shall pay:
interest on the overdue amount at the rate of 4% per cent per annum above HSBC's base rate from time to time; and
an administration fee of £25.
Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the
interest together with the overdue amount.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding
required by law). Mastered may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by
Mastered to the Customer.
Time for payment shall be of the essence of the Contract.
Payment Plans and Payments
The Customer may have the option to pay for certain Bootcamp(s) and/or Career Support Services:
in-full on or before 14 days of the Bootcamp Start Date.
by using Mastered’s Payment Plan. This Payment Plan will only be available at Mastered’s sole and absolute discretion. Mastered will provide the Customer with a
breakdown of the amounts payable by the Customer when the Customer enters into the Contract. For the avoidance of doubt, a Payment Plan is not a form of finance or
loan; or
by using a third-party lender ("Bootcamp Finance Partner") approved by Mastered. For the avoidance of doubt:
a Customer’s relationship or/and agreement with the Bootcamp Finance Partner shall be completely separate to their relationship or/and Contract with Mastered;
Mastered will have no liability in regard to the agreement or/and relationship between a Customer and the Bootcamp Finance Partner; and
Mastered’s approval of a Bootcamp Finance Partner shall not be deemed as Mastered providing advice to a Customer on loans or approving (or commenting) on the terms
that the Bootcamp Finance Provider will provide finance to the Customer;
If a Customer terminates their agreement or arrangement with a Bootcamp Finance Partner, this does not terminate the Customer’s obligation to pay the fees due under the
Contract which may become immediately payable on termination of such agreement or arrangement.
A Customer may cancel a Mastered Payment Plan within 10 days after entering into the Payment Plan. Cancellation after this 10-day period does not terminate the
Customer's obligations to pay the fees due under the Contract which would become immediately payable on termination of the Payment Plan unless agreed otherwise with
Mastered.
If an instalment due in accordance with the Mastered Payment Plan or Pay When Hired Plan has not been paid, Mastered shall be permitted to try to take the payment a
further time and charge an administration fee in respect of its costs in respect of the failed payment.
In the event that the instalment is not paid within 14 days of the due date, Mastered may terminate the Mastered Payment Plan or Pay When Hired Plan at which point all
sums due under the Mastered Payment Plan or Pay When Hired Plan (including any interest for late payments) will become immediately repayable to Mastered.
In the event that an instalment is outstanding under the Mastered Payment Plan or Pay When Hired Plan, Mastered may in its sole and absolute discretion elect to suspend
or terminate the availability of the Bootcamp and/or Career Support Services. In the event that Mastered elects to terminate the Bootcamp and/or access to Career
Support Services, any sums already paid in respect of such Bootcamp and/or Career Support Services shall not be refundable.
For avoidance of doubt, termination of a Mastered Payment Plan or Pay When Hired Plan shall not entitle the Customer to terminate the Contract. In the event of
termination of a Mastered Payment Plan or Pay When Hired Plan (and absent termination of the Bootcamp and/or access to Career Support Services by Mastered in its sole
and absolute discretion) the balance of fees due under the Contract shall be payable.
Where the Customer has agreed to a Pay When Hired Plan provided by the Bootcamp Finance Partner, the amount repayable or/and obligations in the event of a drop out,
pausing or cancellation by the Customer will be dictated by the terms of the agreement signed between the Bootcamp Finance Partner and the Customer.
Cancellation and Pausing
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) Customers who place an Order in the capacity of a consumer
do not have the right to cancel any Bootcamp purchased because the Bootcamp provided by Mastered constitutes the supply of services related to leisure activities which
have a specific date and/or period of performance.
For this reason, Mastered does not offer an automatic refund of the fees for a Bootcamp in the event that a Customer wishes to cancel after the intial cancellation
period has expired. This reflects a variety of factors which are dependent on the type of Bootcamp purchased. These factors include (but are not limited to):
Where access to the Mastered community and/or platform is part of the Bootcamp, as soon as reasonably practicable after Customers have signed up for a Bootcamp,
Mastered will provide them with access to the Mastered community and platform and commence provision of certain of its valuable services;
Where a Bootcamp has limited places or requires certain goods or services to be tailored or booked for each attendee, Mastered commences booking and/or tailoring the
goods and services as soon as reasonably practicable after Customers have signed up for a Bootcamp.
Customers may cancel their participation in an Bootcamp in accordance
with the following:
| Date on which the notice of cancellation is received by Mastered
|
Amount of refund due in relation to the full price at the time of purchase
|
| Within 10 days of placing an Order ("Contract Start Date") |
100% refund |
| Within 14 days after the Bootcamp Start Date |
100% refund |
| Outside of 14 days after the Bootcamp Start Date |
0% refund |
In the event of a refund being issued, funds will be returned to the source payment method used in the initial transaction. If the original payment originated from
multiple sources, each source will have the appropriate proportion returned. If the amount of fees paid as at the date of cancellation is less than the percentage of
the total fees which Mastered is entitled to retain, the Customer will be required to pay the balance to Mastered.
Joining the bootcamp is a commitment to searching for a full-time permanent job. During the period, Mastered and the Bootcamp Finance Partner will invest in the
Customer to aid their job search. In the event that a Customer cancels their participation after 14 days of the Bootcamp Start Date, the full and any outstanding
payments for the Bootcamp as stated on the Landing Page become due, irrespective of the salary of the Customer. For the avoidance of doubt, full and all outstanding
fees will become due immediately, when the Customer decides to:
no longer look for full-time or part-time work;
no longer look for full-time or part-time work in sectors or industries related to the technical training;
work as a self-employed, freelance, or gig worker;
setup, launch or operate their own business, company or service; or
drop out of the Bootcamp for any reason.
fail to make reasonable efforts to participate in the Bootcamp.
A Customer may cancel their participation in the Bootcamp and receive a credit note in respect of some or all of the fees to be used on other Bootcamps in the future if
the consent of Mastered is obtained (such consent to be given in Mastered's sole and absolute discretion) where during the first twelve (12) weeks of the Bootcamp, the
Customer is unable to participate in the Bootcamp due to a serious illness suffered by the Customer as evidenced by a medical note issued by a registered GP which
states that the Customer's illness prevents him/her from learning online for more than 20 hours per week.
If a Customer wishes to cancel a Bootcamp in accordance with this clause, the customer must notify Mastered in writing. Mastered's decision under this clause shall be
final.
Once the Bootcamp has started, it is not permitted for the Customer to pause, take a break or temporarily cease participation in the Bootcamp and to no longer be
actively looking for work. In the event that a Customer opts to pause their participation, Mastered has the right to suspend, permanently or otherwise, providing
Bootcamp and Career Search Services, and for full and outstanding fees to be due immediately, with no sums already paid to be refundable.
Mastered reserves the right not to process an order for a Bootcamp if:
the Bootcamp is fully booked;
you are not eligible to take part in the Bootcamp;
the Bootcamp has been or is going to be cancelled;
the Bootcamp was listed at the incorrect price; or
in Mastered's sole and absolute discretion, decides that the Customer is not suitable for the Bootcamp.
If Mastered does not process your order for any of the above reasons, Mastered will notify you by e-mail and will refund to your account any sum deducted by us from
your credit/debit card.
Mastered reserves the right to cancel any live event, and Mastered shall not be responsible for any loss resulting from the cancellation. For the avoidance of doubt,
this includes but is not limited to, loss of earnings and loss of monies for any transport or accommodation costs.
The cancellation criteria in clause 10.2 and 10.3 do not apply to any deferred enrolment.
Mastered Rights
In providing you with access to the Website, Mastered reserves the
following rights, and in accessing, browsing or otherwise using the Website
you grant to Mastered and agree that Mastered shall have the following
rights:
the right to refuse or withdraw your access to the Website in accordance
with applicable laws for any reason at any time (with or without notice) if
in Mastered's sole and absolute discretion you violate or breach any of
these Terms;
the right to amend or update the Website or these Terms from time to
time;
the right without notice to remove Content, materials or user accounts
for any reason whatsoever in Mastered's sole and absolute discretion,
including without limitation Content and materials which are unlawful,
offensive, threatening, libellous, defamatory, obscene or which infringe
third party rights, and user accounts used to propagate any such content or
materials;
the right to access any or all of your accounts in order to respond to
your requests for technical support so long as we maintain appropriate
administrative physical and technical safeguards for the protection of the
security and confidentiality and integrity of your data;
the right to terminate without notice user accounts and delete any
associated data if that account has been inactive or disabled for
one-hundred and eighty (180) days or more; and
the right to report you to the police or other judicial body if Mastered
believes in its sole and absolute discretion that your conduct (whether in
using the Website or otherwise) is unlawful or threatens the welfare of any
user of the Website or any member of Mastered's staff.
Content
You hereby represent and warrant that in respect of any listings,
messages, comments, files, images, photos, videos and all other materials
("Content") uploaded to the Website, submitted to any Learning Platform or any
Application or Mastered's social media accounts (together the "Forums" and
each a "Forum") and/or transmitted to any member via the Website by you
that:
you have the right to publish such Content (whether by virtue of
ownership of the intellectual property rights in such Content or as a
result of the grant to you of a license to use and publish such Content)
and no other fee is, or may become, payable as a result of the publishing
of such Content;
the publication of such Content on the Website is not likely to bring
the reputation of Mastered into disrepute;
such Content:
is not illegal in the UK or in any jurisdiction in which such Content
might reasonably be expected to be viewed and does not promote any illegal
activity;
does not promote terrorism or assist any person in committing or
procuring the commitment of any act of terrorism;
does not encourage or promote any political cause or affiliation;
is not of a pornographic, sexually explicit, violent, offensive or
obscene nature (except where Mastered has given its prior written consent
to such material reaching this provision);
does not promote racism, bigotry, hatred or physical harm of any kind
against any person or group of persons;
does not contain libellous or otherwise untrue statements about any
person (whether living or dead) and does not harass or advocate the
harassment of any person;
does not depict any person less than 18 years of age (whether or not
decent or indecent);
is not likely to cause offence to any viewer of such content;
does not promote or relate to any pyramid scheme, contest, lottery,
sweepstake, or barter activity; and
is not likely to lead a viewer to assume that you are related to,
authorised by or otherwise represent Mastered.
You acknowledge and agree that Mastered may review and approve some or
all Content (at its sole and absolute discretion) uploaded to the Forums
and/or transmitted by you to any other user via the Website. Mastered shall
be entitled to remove any Content without notice and without giving any
reason.
Further you acknowledge and agree that Mastered may be required to
provide information about the origin of any unlawful content published
and/or the occurrence of any unlawful activity occurring on any Forum to
any police or judicial authority in any country in which such Content has
been viewed and is illegal and you hereby irrevocably authorise Mastered to
provide such information to such persons (on request or in our discretion)
without consulting or informing you.
If you view any Content on any Forum that you believe breaches any of
the above restrictions, you undertake and agree to report such Content to
Mastered as soon as is reasonably possible.
You understand that:
all Content posted on, transmitted through, or linked from the Website,
is the sole responsibility of the person from whom such Content
originated;
Mastered does not control and is not responsible for Content made
available through the Forums;
the Website and Content available through the Forums may contain links
to websites, which are completely unrelated to Mastered. Mastered makes no
representation or guarantee as to the accuracy or authenticity of the
information contained in any such website. Linking to any other website is
entirely at your own risk;
you must evaluate and bear all risks associated with the use of any
Content; and
under no circumstances will Mastered be liable in any way for Content or
for any loss or damage of any kind incurred as a result of the use of any
Content listed, emailed or otherwise made available via any Forum.
You, and not Mastered, are entirely responsible for all of your public
information that you upload, post, email, transmit or otherwise make
available via the Forums. Mastered does not control your public information
or the public information of or posted by other users and does not
guarantee the accuracy, integrity or quality of such information.
You understand that by using any Forum, you may be exposed to
information that is offensive, indecent or objectionable. We do not have
any obligation to monitor, nor do we take responsibility for, your
information, public information or information of or posted by other
users.
Ownership and use of your Content
Subject to clauses 13.2, 13.3 and 13.4, any Content uploaded to the
Website by you shall at all times belong to you and Mastered undertakes to
use reasonable endeavours to procure that such Content is not made
available on any page other than its Website, on its social media profiles
or other Forums owned by the Company, without your prior consent.
Notwithstanding the provision of clause 13.1, by posting Content for
publication in a Learning Platform or Application, you grant Mastered the right to
use, amend and publish such Content on any media, including in the Learning Platform
and Application and social media profiles owned or controlled by the
Company, without payment to you and irrevocably waive any moral rights you
may have in such Content.
When you upload any Content to the Website you grant Mastered a
non-exclusive, perpetual, irrevocable and royalty-free licence to use,
modify, adapt, translate, publish, disseminate and create derivative works
of any Content other than for commercial purposes (although you may, in
your sole and absolute discretion, give your written consent for Mastered
to apply the licence for commercial purposes) on any Forum.
Mastered may use your likeness and any other Content uploaded by you on
its social media profiles and in any advertising published by it.
You acknowledge and agree that any future marketing and/or promotional content created by the Technical Mentor partner, or by a third party with the input of the
Technical Mentor partner, Brand or Bootcamp Partner (the "Partner Materials") may be similar to, or otherwise resemble, in whole or in part some elements of your
Content. You irrevocably undertake not to seek to claim any title, copyright or other intellectual property rights (including without limitation, moral rights) to any
Partner Materials and acknowledge that no royalty or other remuneration shall be payable by the Technical Mentor partner or third party (as applicable) to you in
respect of any Partner Materials.
Infringement
By using this Website you acknowledge and agree that Mastered may
preserve or disclose your Content, as well as your information, if required
to do so by law or in the good faith belief that such preservation or
disclosure is necessary to:
identify copyrighted work or other intellectual property that you (or
any other person) claim has been infringed;
identify any Content that you claim (or any person) claims is
infringing, with enough detail so that we may locate it on the Website;
confirm a statement by you (or any other person) that Content displayed
is not authorised by the copyright owner, its agent, or the law;
confirm a statement by you (or any other person) declaring (a) the above
information in is accurate, and (b) that you are (or any other person is)
the owner of the copyright interest involved or that is authorised to act
on behalf of that owner;
You may not infringe or try to infringe the privacy or rights of other
Website users. This includes storing or trying to store personal data of
other Website users.
Intellectual Property
Mastered and/or its licensor(s) (and in the case of Bootcamps which are run in conjunction with an Bootcamp Partner, the Bootcamp Partner) are the sole owners of the
Website, which includes any Bootcamp and the materials associated with it, software, domains, design, text, graphics and all software and source code connected with the
Website other than Content belonging to you as set out in more detail below. Mastered (on behalf of itself, its licensors and any Bootcamp Partner) grants you a limited
licence to use the Website solely as set out in these Terms.
The Website is protected by UK and International copyright, trademark, patent and other intellectual property laws.
Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided
through the Website without Mastered's prior express written consent.
Mastered grants you a limited licence to use the Website solely as set
out in these Terms. Any unauthorized use of the Website will result in the
automatic termination of the limited license granted by us. Mastered
reserves the right to terminate the limited license without notice at any
time following an unauthorized use by you of the Website.
Mastered and its graphics, logos, icons and service names related to the
Website are registered and unregistered trademarks or trade dress of
Mastered. They may not be used without Mastered's prior express written
permission.
All other trademarks not owned by Mastered that appear in connection
with the Website are the property of their respective owners, who may or
may not be affiliated with, connected to or sponsored by Mastered.
Security
Whilst Mastered has implemented commercially reasonable technical and
organisational measures to secure your personal information and user
content from unauthorised use, we cannot guarantee that unauthorised third
parties will never be able to defeat those measures. You acknowledge that
you provide your personal information and user content at your own
risk.
Electronic Communications
By downloading and/or using the Website and/or material provided through
the Website, you consent to receiving electronic communications and notices
from Mastered. You agree that any notice, agreement, disclosure or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in
writing.
Privacy
You provide us with information when you register on the Website. We
also collect information both relating to you (for example on your usage
history and your preferences for certain kinds of offer) and to users of
the Website in general. Any information that you submit or that we collect
when you are using the Website or the Bootcamp(s) is subject to the
Mastered Privacy Policy, the terms of which are hereby incorporated into
these Terms.
Use of comments or ideas submitted
You agree that Mastered is free to use any comments or ideas contained
in any communication you may send to Mastered without compensation,
acknowledgement or payment to you for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products and
services and creating, modifying or improving the Website or other products
or services. For the avoidance of doubt, all such information will be
deemed by Mastered to be non-confidential and non-proprietary, and you
agree that such information may be used by us without any limitation
whatsoever.
You agree that any information published by you on the Website may be
public information and that other users of the Website will be able to view
and comment on such information.
Limitation of Liability
Mastered provides the Website "as is" and without any warranty or
condition, whether express, implied or statutory.
Mastered specifically disclaims any implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.
Mastered assumes no liability or responsibility for any errors or omissions
in the Website; any failures, delays or interruptions in the Website; any
losses or damages arising from the use of the Website including without
limitation any advertisement or promotion contained on the Website; or any
conduct by users of the Website. Mastered reserves the right to deliver the
Website in its sole and absolute discretion.
In no event shall Mastered, its shareholders, directors, officers,
employees or agents be liable (jointly or severally) to you for loss of use
or any special, incidental, indirect or consequential damages arising out
of or in connection with the Website or these Terms, on any theory of
liability, and whether or not advised of the possibility of damage.
Mastered does not seek to exclude liability for death or personal injury
caused by its negligence, or fraud or fraudulent misrepresentation on the
part of Mastered. If any applicable authority holds any portion of this
section to be unenforceable, then liability will be limited to the fullest
possible extent permitted by applicable law.
From time to time you may use or access services, promotions and
Websites of third parties. In using or accessing third party services,
promotions and websites, you agree to be bound by the terms of service of
such third parties governing their services, promotions and websites and
hereby acknowledge that we shall not be responsible for the provision of
services, accuracy of promotions or content of websites belonging or
operated by third parties.
You acknowledge and agree that Mastered is not responsible for the
accuracy of any information published on the Website by users and does not
warrant that any information appearing on the Website is accurate, true or
complete. Mastered specifically excludes liability for any loss, harm,
distress or damage suffered by you or any third party as a result of
inaccurate information appearing on the Website.
The Website and any Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions,
recommendations and advice are not those of Mastered and are not endorsed
by Mastered. Mastered shall not be liable in the event that any content is
defamatory, misleading, incomplete or incorrect. Similarly Mastered shall
not be liable in the event that any fact is incorrect or misleading.
Limitation of liability Bootcamp
Nothing in these Conditions shall limit or exclude Mastered's liability for:
death or personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors; or
fraud or fraudulent misrepresentation.
Subject to clause 21.1:
Mastered shall under no circumstances whatever be liable to the
Customer, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, for any loss of profit, or any indirect or
consequential loss arising under or in connection with the Bootcamp or
the Contract; and
Mastered's total liability to the Customer in respect of all other
losses arising under or in connection with the Contract, whether in
contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed £100.
This clause 21 shall survive termination of the Contract.
Indemnity
You agree to indemnify and hold Mastered and its related companies, and
each of their respective shareholders, directors, officers, employees,
agents and merchant partners harmless from and against any third-party
claim or cause of action, including reasonable attorneys' fees and court
costs, arising, directly or indirectly, out of your use of the Website or
your violation of any law or the rights of any third party.
Disputes
Further to clause 7.2.3, you may not harass any Member. You must agree to cease contacting any other Member or user who has requested you to cease
such contact.
Mastered will not become involved in any domestic or private disputes
between Members and does not provide any arbitration or settlement services
should a dispute arise between Members.
You alone are responsible for ensuring that your interaction with other
Members is lawful. Mastered advises you that there may be risks of dealing
with Members acting under false pretences or with criminal intent.
Termination
Mastered may change or discontinue the Website at any time without prior
notice. Mastered reserves the right to terminate these Terms for any
reason, without notice, and these Terms shall automatically terminate in
the event that you violate any of the Terms set forth herein (with
prejudice to our accumulated rights against you). In the event of any
termination, you will immediately cease use of the Website.
A Member may terminate his account with Mastered at any time: You can
cancel your account by email to hello@mastered.com with 'DEACTIVATE' in the
subject line. Please include your full name and reason for leaving and we
will aim to cancel your membership and remove your profile within seven
days.
In the event of termination, Mastered has no obligation to transfer to
you or allow you to view any Content uploaded by you to the Website.
Consequences of termination of a Contract
On termination of the Contract for any reason:
the Customer shall immediately pay to Mastered all of Mastered's
outstanding unpaid invoices and interest and, in respect of the
Bootcamp(s) supplied but for which no invoice has been submitted,
Mastered shall submit an invoice, which shall be payable by the Customer
immediately on receipt;
the accrued rights, remedies, obligations and liabilities of the parties
as at expiry or termination shall be unaffected, including the right to
claim damages in respect of any breach of the Contract which existed at or
before the date of termination or expiry; and
clauses which expressly or by implication survive termination shall
continue in full force and effect.
Force majeure
For the purposes of this Contract, a "Force Majeure Event" means an
event beyond the reasonable control of Mastered including but not limited
to strikes, lock-outs or other industrial disputes (whether involving the
workforce of Mastered or any other party), failure of a utility service or
transport network, act of God, war, riot, civil commotion, malicious
damage, compliance with any law or governmental order, rule, regulation or
direction, accident, breakdown of plant or machinery, fire, flood, storm or
default of suppliers or subcontractors.
Mastered shall not be liable to the Customer as a result of any delay or
failure to perform its obligations under this Contract as a result of a
Force Majeure Event.
If the Force Majeure Event prevents Mastered from providing any of the
Bootcamp for more than four weeks, Mastered shall, without limiting its
other rights or remedies, have the right to terminate this Contract
immediately by giving written notice to the Customer.
General
Assignment and other dealings.
Mastered may at any time assign, transfer, mortgage, charge, subcontract
or deal in any other manner with all or any of its rights under the
Contract and may subcontract or delegate in any manner any or all of its
obligations under the Contract to any third party or agent.
The Customer shall not, without the prior written consent of Mastered,
assign, transfer, mortgage, charge, subcontract, declare a trust over or
deal in any other manner with any or all of its rights or obligations under
the Contract.
Notices
Any notice or other communication given to a party under or in
connection with the Contract shall be in writing, addressed to that party
at its registered office (if it is a company) or its principal place of
business (in any other case) or such other address as that party may have
specified to the other party in writing in accordance with this clause, and
shall be delivered personally, sent by pre-paid first class post or other
next working day delivery service, commercial courier, fax or e-mail.
A notice or other communication shall be deemed to have been received:
if delivered personally, when left at the address referred to in clause
28.2(a); if sent by pre-paid first class post or other next working day
delivery service, at 9.00 am on the second Business Day after posting; if
delivered by commercial courier, on the date and at the time that the
courier's delivery receipt is signed; or, if sent by fax or e-mail, one
Business Day after transmission.
The provisions of this clause shall not apply to the service of any
proceedings or other documents in any legal action.
Severance
If any provision or part-provision of the Contract is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to the
minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant provision or part-provision
shall be deemed deleted. Any modification to or deletion of a provision or
part-provision under this clause shall not affect the validity and
enforceability of the rest of the Contract.
If any provision or part-provision of this Contract is invalid, illegal
or unenforceable, the parties shall negotiate in good faith to amend such
provision so that, as amended, it is legal, valid and enforceable, and, to
the greatest extent possible, achieves the intended commercial result of
the original provision.
Waiver
A waiver of any right under the Contract or law is only effective if it
is in writing and shall not be deemed to be a waiver of any subsequent
breach or default. No failure or delay by a party in exercising any right
or remedy provided under the Contract or by law shall constitute a waiver
of that or any other right or remedy, nor shall it prevent or restrict its
further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall prevent or restrict the further
exercise of that or any other right or remedy.
No partnership or agency
Nothing in the Contract is intended to, or shall be deemed to, establish
any partnership or joint venture between the parties, nor constitute either
party the agent of the other for any purpose. Neither party shall have
authority to act as agent for, or to bind, the other party in any way.
Third parties
A person who is not a party to the Contract shall not have any rights to
enforce its terms.
Variation
Except as set out in these Conditions, no variation of the Contract,
including the introduction of any additional terms and conditions, shall be
effective unless it is agreed in writing and signed by Mastered.
Governing law
This Contract, and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual
disputes or claims), shall be governed by, and construed in accordance with
the law of England and Wales.
Jurisdiction
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 this Contract or its subject matter or formation
(including non-contractual disputes or claims).
