Mastered Limited

Terms of Sale and Service

Interpretation

In these Conditions, the following definitions apply:

  1. Accelerator: the online program with a duration of ten (10) months supplied by Mastered (and taught by one of Mastered's expert tutor partners) as set out in clause 4.
  2. Application: any program or piece of software produced by Mastered contained either online and/or on the Website.
  3. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
  4. Commencement Date: has the meaning set out in clause 3.2.
  5. Conditions: these terms of sale and service as amended from time to time in accordance with clause 28.7.
  6. Contract: the contract between Mastered and the Customer for the supply of Accelerator(s) in accordance with these Conditions.
  7. Customer: a Member who purchases Accelerator(s) from Mastered.
  8. 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.
  9. Journal: any content published by Mastered either in print, online or on the Website, in publications or mediums owned or controlled by the Company.
  10. Mastered: means Mastered Limited, a private company limited by shares with company registration number 07907725 and whose registered address is at Fergusson House, 6-8 Hemming Street, London, E1 5BL. "we" and "us" shall have the same meaning.
  11. Member: a User who creates an Account.
  12. Order: the Customer's application to order for Accelerator(s) as set out on the Website.
  13. User: a person who accesses, browses, downloads or uses the Website. "you" and "your" shall have the same meaning.
  14. Website: means the website at www.mastered.com, any mobile application and any social networking pages as published from time to time.

In these Conditions, the following rules apply:

  1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
  2. a reference to a party includes its personal representatives, successors or permitted assigns;
  3. 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;
  4. 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
  5. a reference to writing or written includes faxes and e-mails.

Creating an Account

You are free to browse the Website without creating an account (an "Account"). However, in order to:

  1. purchase an Accelerator; and/or
  2. interact with other Users,
  3. you will need to register an Account and become a Member.

To be eligible to create an Account, you must:

  1. be 18 years of age or older; and
  2. 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 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 to 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

  1. The Order constitutes an offer by the Customer to purchase Accelerator(s) in accordance with these Conditions.
  2. 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 "Commencement Date").
  3. 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.
  4. 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 Accelerator(s) described in them. They shall not form part of the Contract or have any contractual force.
  5. 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.

Accelerator

Mastered supplies the Accelerator(s) to Customers in accordance with these Conditions.

Each Accelerator shall last for ten (10) months and shall include the features as set out on the Website which may include, but is not limited to:

  1. access to live teaching sessions;
  2. access from time to time to personal development coaching calls;
  3. invitations to private events hosted by Mastered and the Ambassador Program;
  4. access to Mastered's online video library in respect of any Accelerator 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 ten (10) years);
  5. access from time to time to interactive sessions with some of the expert tutors featuring in the Accelerator;
  6. access to the Mastered community network, which could include forums and collaborations tools with other members of the community;
  7. access to opportunities which may include collaboration, consulting or exposure opportunities;
  8. membership benefits including discounts on goods and services offered by third parties; and
  9. alumni services including the ability to network with alumni from the Mastered Accelerators.

Mastered shall have the right to make any changes to the Accelerator(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 Accelerator(s) and Mastered shall notify the Customer in any such event.

All tutors who lead the Accelerators are not employed by Mastered and are appointed as independent contractors. Mastered excludes liability to the furthest extent permitted by law and pursuant to clause 21 in relation to an Accelerator (including, but not limited to, the tutors who teach on an Accelerator).

Ancillary services

Mastered makes available to Customers additional services provided by expert tutor 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 in 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, 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 opportunity published on the Website.

The Customer acknowledges and agrees that membership discounts are provided by third parties and are not contractual entitlements. Any discount 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 Ambassador Program (details of which can be found below at clause 26).

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 the Mastered Ambassador Program. 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 the Ambassador Program 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:

  1. co-operate with Mastered in all matters relating to the Accelerator(s);
  2. provide Mastered with such information and materials as Mastered may reasonably require in order to supply the Accelerator(s), and ensure that such information is accurate in all material respects; and
  3. comply at all times with the Mastered code of conduct obligations as set out in clause 7.2.
  4. Customers must abide by the following non-exhaustive code of conduct in this clause, which shall apply both when participating in Accelerators in any capacity and when using the Website. Customers must:
  5. comply with applicable law in the UK and in any country from which they are accessing the Website and/or Accelerator;
  6. not threaten, abuse or invade another Member's privacy, or cause annoyance, inconvenience or needless anxiety;
  7. not harass, upset, embarrass, alarm or annoy any other Member;
  8. not impersonate any person, misrepresent his/her identity or affiliation with any person;
  9. not make a contribution in Accelerators or post Content that:
  10. contains any material which is defamatory of any person;
  11. contains any material which is obscene, offensive, hateful or inflammatory;
  12. promotes sexually explicit material (other than where permitted by Mastered in writing in advance);
  13. promotes violence;
  14. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  15. infringes any copyright, database right or trade mark of any other person;
  16. is likely to deceive any person;
  17. promotes any illegal activity; and/or
  18. 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:

  1. immediately terminate that User's Contract (where applicable) without any right to a refund;
  2. immediately refuse that User access to the Website on a temporary or permanent basis; and
  3. 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 Accelerator 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 an Accelerator, payment of the invoice must be received by Mastered either:

  1. (where the Customer elects to take advantage of a Mastered Payment Plan as further detailed in clause 9 below) in accordance with the terms of the Payment Plan;
  2. (where the Customer elects to take advantage of third party finance options) immediately on placing an Order for an Accelerator; or otherwise
  3. immediately on placing an Order for an Accelerator.

Time for payment shall be of the essence of the Contract.

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:

  1. interest on the overdue amount at the rate of 4% per cent per annum above HSBC's base rate from time to time; and
  2. 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.

Mastered Payment Plan

Mastered is authorised by the FCA to provide regulated products and services under registration number 749319. Mastered provides consumer credit activities.

Mastered provides the Payment Plan which allows Customers to finance the cost of Accelerator(s) by paying an initial up-front deposit and the balance in monthly installments over a period agreed between the Customer and Mastered. Mastered will provide the Customer with a breakdown of the cost of the finance and the amounts payable by the Customer when the Customer enters into the Contract.

A Customer may cancel a Payment Plan within 10 days after entering into the Payment Plan. Cancellation of a Payment Plan after this 10-day period does not terminate the Customer's obligations to pay the fees due under a Contract which would become immediately payable on termination of the Payment Plan.

If an instalment due in accordance with the Payment 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 Payment Plan at which point all sums due under the Payment Plan (including any interest) will become immediately repayable to Mastered.

In the event that an instalment is outstanding, Mastered may in its sole and absolute discretion elect to suspend the availability of the Accelerator and the other services provided by Mastered to the Customer and/or in its sole and absolute discretion terminate the Accelerator as regards the Customer. In the event that Mastered elects to terminate the Accelerator, any sums already paid in respect of such Accelerator shall not be refundable.

For avoidance of doubt, termination of a Payment Plan shall not entitle the Customer to terminate a Contract. In the event of termination of a Payment Plan, (and absent termination of the Accelerator by Mastered in its sole and absolute discretion) the balance of fees due under the Contract shall be payable.

Cancellation

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 Accelerator purchased because the Accelerator provided by Mastered constitutes the supply of services related to leisure activities which have a specific date and/or period of performance.

As soon as Customers sign up for an Accelerator, Mastered provides them with access to the Mastered community and platform and commences provision of certain of its valuable services. For this reason, Mastered does not offer an automatic refund of the fees for an Accelerator in the event that a Customer wishes to cancel after a 10-day period has expired.

Customers may cancel their participation in an Accelerator in accordance with the following:

Date prior to commencement of Accelerator 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 purchase 100% refund
Outside of 10 days and within 4 months of start date 90%
Less than 4 months before the start of the Accelerator 75%
Less than 3 months before the start of the Accelerator 50%
Less than 2 months before the start of the Accelerator 25%
Less than 1 month, or after commencement of the Accelerator 0%

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.

Where the Customer cancels their participation in the Accelerator less than 1 month prior to commencement of the Accelerator or after it has started, the Customer shall remain liable to make all payments due under any Payment Plan in full for the duration of the Payment Plan.

A Customer may cancel their participation in an Accelerator and receive a credit note in respect of some or all of the fees to be used on other Accelerators in the future if the consent of Mastered is obtained (such consent to be given in Mastered's sole and absolute discretion) in the following circumstances:

  1. where during the first three months of the Accerlator, the Customer is unable to participate in the Accelerator 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 4 to 6 hours per week;
  2. If a Customer wishes to cancel an Accelerator in accordance with this clause, the customer must notify Mastered in writing. Mastered's decision under this clause shall be final.

Mastered reserves the right not to process an order for an Accelerator if:

  1. the Accelerator is fully booked;
  2. you are not eligible to take part in the Accelerator;
  3. the Accelerator has been or is going to be cancelled;
  4. the Accelerator was listed at the incorrect price; or
  5. in Mastered's sole and absolute discretion, decides that the Customer is not suitable for the Accelerator.

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.

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:

  1. 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;
  2. the right to amend or update the Website or these Terms from time to time;
  3. 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;
  4. 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;
  5. 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
  6. 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 Journal 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:

  1. 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;
  2. the publication of such Content on the Website is not likely to bring the reputation of Mastered into disrepute;

    such Content:

  3. 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;
  4. does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
  5. does not encourage or promote any political cause or affiliation;
  6. 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);
  7. does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
  8. 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;
  9. does not depict any person less than 18 years of age (whether or not decent or indecent);
  10. is not likely to cause offence to any viewer of such content;
  11. does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
  12. 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:

  1. all Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Content originated;
  2. Mastered does not control and is not responsible for Content made available through the Forums;
  3. 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;
  4. you must evaluate and bear all risks associated with the use of any Content; and
  5. 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 Journal or Application, you grant Mastered the right to use, amend and publish such Content on any media including in the Journal 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.

You acknowledge and agree that any Content created by you during or in the context of any Accelerator is created as a result of, and with the contribution of, the relevant expert tutor partner and/or brand (as applicable). In uploading any such Content to the Website or any Forum you grant the expert tutor partner and/or brand (as applicable) 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 the relevant expert tutor partner and/or brand (as applicable) to apply the licence for commercial purposes). For the purposes of this clause 13.4 "commercial purposes" shall include all sale and licensing of the Content and use of the Content for direct advertising but shall not include any use of the Content that is ancillary to a commercial purpose such as use of the Content on a brand's social media profiles.

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 expert tutor partner or by a third party with the input of the expert tutor 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 expert tutor 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:

  1. identify copyrighted work or other intellectual property that you (or any other person) claim has been infringed;
  2. identify any Content that you claim (or any person) claims is infringing, with enough detail so that we may locate it on the Website;
  3. confirm a statement by you (or any other person) that Content displayed is not authorised by the copyright owner, its agent, or the law;
  4. 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) are the sole owners of the Website, which includes any Accelerator 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 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 Accelerator(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 Accelerator

Nothing in these Conditions shall limit or exclude Mastered's liability for:

  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
  2. fraud or fraudulent misrepresentation.

Subject to clause 21.1:

  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 Accelerator or the Contract; and
  2. 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.
  3. 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(c), 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:

  1. the Customer shall immediately pay to Mastered all of Mastered's outstanding unpaid invoices and interest and, in respect of the Accelerator(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;
  2. 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
  3. clauses which expressly or by implication survive termination shall continue in full force and effect.

Ambassador Program

Mastered operates the ambassador program (the "Ambassador Program") which is aimed at promoting Mastered to the wider global community of artists.

Mastered selects students and Customers who have either taken part in or signed up to take part in an Accelerator to arrange, promote and host at their own risk events and may provide them with sponsorship to fund some or all of the event's cost.

In order to apply to host an event the student or Customer (the "Applicant") must submit an application (the "Application") through the Website containing the following information: (i) description of the event, (ii) proposed location of the event (iii) cost of the event (iv) amount of sponsorship requested (if any) (v) reasons why Mastered should promote and support the event.

Mastered will not accept any events that are illegal, distasteful or likely to bring Mastered into disrepute. Applicants are advised to read the content guidelines set out in clause 7.2 which are applicable to events.

Mastered will review all complete Applications and in its sole and absolute discretion elect to accept an Application as being part of the Ambassador Program, elect in addition to provide sponsorship or reject the Application. Mastered's decision shall be final and Mastered shall not be required to give any reason for any acceptance or refusal.

An Applicant whose Application has been accepted by Mastered will be provided with free access to the Mastered community in order to promote the event. The Applicant shall be required to use the wording "in partnership with Mastered" on all advertising and marketing relating to the event and shall ensure that Mastered's logo and/or format in a form approved by Mastered is used on such materials.

Where Mastered has agreed to provide sponsorship, the nature of the sponsorship is that Mastered will refund certain costs incurred by the Applicant up to the pre-agreed amount. In order to qualify for a refund, the Applicant must provide valid VAT receipts in receipt of each expense in respect of which a refund is claimed.

The Applicant shall be responsible for ensuring that it has in place all required consents, licences and permissions in respect of the event and shall be required to have in place all appropriate insurances including without limitation public liability insurance. The Applicant shall be required to ensure that all insurances are held in the name of the Applicant with Mastered as a co-insured and must provide a copy of the valid insurance certificate to Mastered in advance of the event.

Mastered shall have no liability in respect of any event and the Applicant acknowledges and agrees that Mastered gives no guarantee or indemnity in respect of any liabilities arising in respect of the event all of which are the responsibility of the Applicant. The Applicant undertakes to provide to each provider of services for the event and to procure that each such provided signs and returns to the Applicant the following statement:

Dear [NAME OF APPLICANT] We acknowledge and agree that Mastered Limited,
a limited company based in the UK with registered number 07907725, is not a
contracting party in respect of the provision of services to [NAME OF
APPLICANT] and shall have no liability whatsoever to us in respect of the
provision of our services. For the avoidance of doubt, Mastered Limited
gives no guarantee or indemnity in respect of the obligations of [NAME OF
APPLICANT]. Mastered Limited shall be entitled to rely on this statement.
Signed by [NAME OF SUPPLIER]

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 Accelerator 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).