In these Conditions, the following definitions apply:
- Accelerator: 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 Accelerator Partners as set out in clause 4.
- Accelerator partner: a third party with whom Mastered partners to provide an Accelerator as detailed on the Landing Page for the relevant Accelerator.
- Application: any program or piece of software produced
by Mastered contained either online and/or on the Website.
- Business Day: a day (other than a Saturday, Sunday or
public holiday) when banks in London are open for business.
- Start Date: has the meaning set out in clause
- Conditions: these terms of sale and service as amended
from time to time in accordance with clause 34.1.
- Contract: the contract between Mastered and the
Customer for the supply of Accelerator(s) in accordance with these
- Customer: a Member who purchases Accelerator(s) from
- 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.
- Journal: any content published by Mastered either in
print, online or on the Website, in publications or mediums owned or
controlled by the Company.
- Landing Page: the page on the Website setting out the details of the Accelerator and through which a Member is able to apply to join the Accelerator.
- Mastered: means Mastered Enterprise Limited, a private company
limited by shares with company registration number 1158221 and whose
registered address is at 18 Kneller Rd, London, SE4 2AP. "we" and "us" shall have the same meaning.
- Member: a User who creates an Account.
- Order: the Customer's application to order for
Accelerator(s) as set out on the Website.
- 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, any
mobile application and any social networking pages as published from 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 faxes and e-mails.
Creating an Account
You are free to browse the Website without creating an account (an
"Account"). However, in order to:
- purchase an Accelerator; 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:
- 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
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
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
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
- The Order constitutes an offer by the Customer to purchase
Accelerator(s) 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 "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 Accelerator(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.
Mastered supplies the Accelerator(s) to Customers in accordance with
Each Accelerator shall last for the period and 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 coaching and feedback calls;
- invitations to private events hosted by Mastered;
- access to Mastered's content and/or 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);
- access to Mastered’s in-house support team; and
- alumni services including the ability to network with alumni from the
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
All tutors who lead the Accelerators are not employed by Mastered and are either appointed as independent contractors or provide their services on behalf of the Accelerator Partner. Mastered (on behalf of itself and any Accelerator Partner) 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).
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
Mastered shall have no liability in respect of the provision of
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.
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
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 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
You acknowledge and agree that Mastered may video and photograph its
events and events arranged through the Mastered 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.
The Customer shall:
- co-operate with Mastered in all matters relating to the
- 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
- 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 Accelerators 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 Accelerator;
- not threaten, abuse or invade another Member's or Mastered employee's privacy, or cause
annoyance, inconvenience or needless anxiety;
- not harass, upset, embarrass, alarm or annoy any other Member or Mastered employee;
- not impersonate any person, misrepresent his/her identity or affiliation
with any person;
- not make a contribution in Accelerators or post Content that:
- contains any material which is defamatory of any person;
- contains any material which is obscene, offensive, hateful or
- 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
- 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
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
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
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:
- (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
- (where the Customer elects to take advantage of third party finance
options) immediately on placing an Order for an Accelerator; or
- 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
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
Mastered Payment Plan
Mastered is authorised by the FCA to provide regulated products and
services under registration number 749319. Mastered provides consumer
Mastered may provide the Payment Plan in respect of certain Accelerators 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
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
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
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.
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.
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. This reflects a variety of factors which are dependant on the type of Accelerator purchased. These factors include (but are not limited to):
- Where access to the Mastered community and/or platform is part of the Accelerator, as soon as reasonably practicable after Customers have signed up for an Accelerator, Mastered will provide them with access to the Mastered community and platform and commence provision of certain of its valuable services;
- Where an Accelerator 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 an Accelerator.
Customers may cancel their participation in an Accelerator in accordance
with the following:
|Date prior to the start 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
|Outside of 10 days and within 4 months of start date
|Less than 4 months before the start of the Accelerator
|Less than 3 months before the start of the Accelerator
|Less than 2 months before the start of the Accelerator
|Less than 1 month, or after start of the
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 start 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
- 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;
- 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:
- the Accelerator is fully booked;
- you are not eligible to take part in the Accelerator;
- the Accelerator has been or is going to be cancelled;
- the Accelerator was listed at the incorrect price; or
- 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.
The cancellation criteria in clause 10.3, 10.4 and 10.6 do not apply to any deferred enrolment
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
- 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
- the right to amend or update the Website or these Terms from time to
- 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
- 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.
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
- 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;
- 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
- 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
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
- 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
- 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
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, brand and/or Accelerator Partner (as applicable). In uploading any such Content to the Website or any Forum you grant the expert tutor partner, brand and/or Accelerator Partner (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, brand and/or Accelerator Partner (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, Accelerator Partner or by a third party with the input of the expert tutor partner, Brand or Accelerator 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.
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.
Mastered and/or its licensor(s) (and in the case of Accelerators which are run in conjunction with an Accelerator Partner, the Accelerator Partner) 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 (on behalf of itself, its licensors and any Accelerator 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
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
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.
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
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
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
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
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:
- 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 Accelerator 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.
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.
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
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.
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 firstname.lastname@example.org 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
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
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;
- 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.
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.
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
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.
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.
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.
A person who is not a party to the Contract shall not have any rights to
enforce its terms.
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.
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.
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).