Mastered Studios Ltd

Terms of Sale and Service

INTERPRETATION

In these Conditions, the following definitions apply:

    Account: means a User account created on the Website which allows the User to access and/or use the Bootcamp(s) and/or Career Support Services.

    Ancillary Services: has the meaning set out in clause 5.1.

    Application: any program or piece of software produced by Mastered contained either online and/or on the Website.

    ASF Guidance: means the Adult skills fund: funding and performance management rules 2025 to 2026, accessible via the following link: https://www.gov.uk/government/publications/adult-skills-fund-funding-rules/adult-skills-fund-funding-rules-2025-to-2026#section-1---general-funding-requirements

    Bootcamp(s): the online program, course or event to be held on the date(s) or with the duration set out on the Landing Page supplied by Mastered alone or in conjunction with Bootcamp Finance Partners as set out in clause 4.

    Bootcamp Finance Partner: a third-party lender with whom Mastered partners to provide tuition fee options for the Bootcamp(s) as detailed on the Landing Page for the relevant Bootcamp(s).

    Bootcamp Start Date: the date listed in the Contract under Bootcamp Start Date, or such date as listed in the curriculum or heads of terms for co-funded cohorts.

    Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

    Career Agent Sessions: has the meaning set out in clause 4.6.3.

    Career Support Services: has the meaning set out in clause 4.6.

    Coaches: Mastered staff who participate in and/or provide Career Support Service.

    Conditions: these terms of sale and service as amended from time to time in accordance with clause 33.

    Content: has the meaning set out in clause 12.1.

    Contract: the contract between Mastered and the Customer for the supply of the Bootcamp(s) and/or access to Career Support Services in accordance with these Conditions.

    Contract Start Date: has the meaning set out in clause 3.2.

    Customer: a Member who purchases the Bootcamp(s) and/or access to Career Support Services from Mastered.

    Customer Default: has the meaning set out in clause 7.4.

    Employer: means a Large Employer or a Small and Medium Sized Employer.

    Force Majeure Event: has the meaning set out in clause 26.1.

    Forums: has the meaning set out in clause 12.1 and each a "Forum".

    Guidance: means the Skills Bootcamps | Funding and performance management guidance 2024 to 2026 for Jaggaer projects 7848, 8279, 8280, 8290, 8335, 8337, 8338 and 8339.

    Independent Members: means any individual learners not being co-funded by their Employer and any self-employed learner, in each case also being a Member.

    Initial Cancellation Periods: means either (a) within 10 calendar days of the Contract Start Date and/or (b) within 14 calendar days of the Bootcamp Start Date.

    Instructor: Mastered staff who lead seminars for Bootcamp(s).

    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. [cite: 29, 30]

    Invoice: shall have the meaning given in clause 8.4.

    Large Employer: means any employer that is not a Small and Medium Sized Employer.

    Learning Platform: any content published by Mastered either in print, online or on the Website, or publications, mediums or websites owned or controlled by the Mastered.

    Landing Page: the page on the Website setting out the details of the Bootcamp(s) and/or Career Support Services and through which a Member is able to apply to join the Bootcamp(s) and/or sign up for Career Support Services.

    Mastered: means Mastered Studios Ltd, a private company limited by shares with company registration number 1158221 and whose registered address is at 124 City Road, London, EC1V 2NX. "we" and "us" shall have the same meaning.

    Mastered Masterclasses: optional two (2) hour masterclasses in business skills, which shall differ for each Customer depending on their employment status.

    Mastered Privacy Policy: means Mastered’s privacy policy as amended from time to time.

    Member: a User who creates an Account.

    Mentor Sessions: one-to-one live sessions with a Technical Mentor or/and Instructor.

    MS1: an evidence pack showing 14 days and 10 guided learning hours completed by a learner, consisting of an attendance register, enrolment form and individualised learning plan and/or admission notes.

    Order: the Member's application to purchase and register for the Bootcamp(s) and/or access to Career Support Services as set out on the Website.

    Partner Materials: has the meaning set out in clause 13.5.

    Payment Plan: subject always to clause 8.1, an arrangement with Mastered for the Customer and/or Employer to pay for the Bootcamp(s) and/or Career Support Services in monthly instalments over a period agreed between the Customer and/or the Employer and Mastered, on terms agreed between Mastered and the Customer and/or Employer in writing.

    Pay When Hired Plan: an arrangement with the Bootcamp Finance Partner for the Customer to pay for the Bootcamp(s) and/or Career Support Services on terms that are determined and agreed with the Bootcamp Finance Partner.

    Residency Requirements: means the residency requirements as listed in the “who we fund” section of the ASF Guidance.

    Small and Medium Sized Employer: means an employer with fewer than 250 employees.

    Support Until Outcome Service: means the support until outcome services provided by Mastered under section 4 of these Conditions.

    Success Manager: means any mentor, instructor or other personnel either working in full time capacity or under contract to Mastered who provides support until outcome as further detailed in SECTION 4. BOOTCAMP “SUPPORT UNTIL OUTCOME”.

    Technical Mentor: means any individual who provides training on any of the Bootcamp(s).

    Third Party Platform(s): websites, programmes or pieces of software belonging to third parties, including but not limited to Zoom, Discord Servers and Google Apps.

    User: a person who accesses, browses, downloads or uses the Website. "you" and "your" shall have the same meaning.

    Website: means the website at www.mastered.com or join.mastered.com.

In these Conditions, the following rules apply:

    a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

    a reference to a party includes its personal representatives, successors or permitted assigns;

    a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted.

    A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

    any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

    a reference to writing or written includes e-mails.

CREATING AN ACCOUNT

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

    purchase the Bootcamp(s) and/or access to Career Support Services; and/or

    interact with other Users,

    you will be required to submit an application via the Website.

To be eligible to become a Member and use the services provided under the Website, you must:

    be 19 years of age or older on or before 31 August within the funding year 2025 to 2026;

    have the right to work in the UK;

    meet the Residency Requirements; and

    live in England, subject always to the provisions in the Guidance.

Mastered may reasonably request additional information from Users and/or Members for their continued use of the services provided under the Website.

Mastered reserves the right to reject any registration and/or suspend access to the Website for any reason, immediately and without notice, at its sole and absolute discretion, including, without limitation, if you provide false or incorrect information during the Account creation process, establish multiple Accounts for the same User and/or Member or fail to notify Mastered of any changes to your Account information immediately.

BASIS OF CONTRACT

The Order constitutes an offer by a Member to purchase the Bootcamp(s) and/or access to Career Support Services in accordance with these Conditions.

The Order shall only be deemed to be accepted when Mastered issues written acceptance of the Order to the Member, at which point and on which date the Contract shall take effect (the "Contract Start Date"). For the avoidance of doubt, the Contract shall commence on the Contract Start Date and shall expire on the contract expiry date contained in the Contract unless terminated earlier in accordance with the provisions of the Contract and/or clause 24.

The Contract constitutes the entire agreement between Mastered and the Customer. 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 the Website, are issued or published for the sole purpose of giving an approximate idea of the Bootcamp(s) described therein. They shall not form part of the Contract or have any contractual force.

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

BOOTCAMP “SUPPORT UNTIL OUTCOME”

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

Customers may only undertake one Bootcamp per financial year and must not be enrolled in more than one Bootcamp at any one time.

Each Bootcamp shall include the features set out on the relevant Landing Page which may include, but are not limited to:

    access to one-to-one services, including Mentor Sessions and coaching;

    access to group sessions and industry talks;

    access to Mastered's content and/or online video library in respect of any Bootcamp in which a Customer participates (such access being subject to Website updates but in any event, available for a minimum of one (1) year); [cite: 89, 90] and

    Careers Support Services, including the ability to get dedicated advice and support for your job search.

Mastered reserves the right to make any changes to the Bootcamp(s) which are necessary to comply with any applicable law or safety requirement and/or which do not materially affect the nature or quality of the Bootcamp(s), and Mastered shall notify the Customer in any such event.

All Technical Mentors and Coaches who instruct on the Bootcamp(s) are not employed directly by Mastered but are workers. Mastered (on behalf of itself and any Bootcamp Finance Partner) excludes liability to the furthest extent permitted by law, the Guidance and pursuant to clause 21 in relation to a Bootcamp (including, but not limited to, the Technical Mentors and/or Instructors who instruct on a Bootcamp).

At Mastered’s sole and absolute discretion, Bootcamp(s) may be provided using Third Party Platforms. In the event that Third Party Platforms are used, to the fullest extent permitted by law and the Guidance, Mastered makes no representations and has no liability in respect of any loss suffered by the Customer as a result of using such Third Party Platforms.

Subject always to clause 4.7, at all phases of the Bootcamp(s), the Customer may access Mastered’s careers and job support services (as applicable and dependant on the Customer’s employment status), which include but are not limited to Mastered’s employees or consultants (together the “Career Support Services”):

    reviewing the Customer’s CV, LinkedIn profile and other social media accounts;

    monthly group mentoring sessions to help with and enhance the Customer’s progress;

    conducting regular one-to-one sessions (“Career Agent Sessions”) with the Customer to discuss the Customer’s recent job applications, job interviews, CV and other topics associated with the Customer’s job search;

    advising the Customer on their job search and/or income generation strategy (as applicable and dependant on the Customer’s employment status);

    supporting and advising the Customer on job interviews, negotiating and choosing job positions, using the skills gained in any Bootcamp phases completed; [cite: 102, 103] and

    providing the customer with support from the beginning of his/her job search until the first day he/she starts his/her full-time job or part-time job or contract placement.

Certain Career Support Services involve applying the skills gained from completion of a particular phase of a Bootcamp, and therefore access to such Career Support Services may only become available on completion of a particular phase of a Bootcamp.

On completion of a Bootcamp, all Customers shall be granted access to the Mastered Masterclasses.

In order to benefit from continued access to the Bootcamp and additional Career Support Services support until they are hired, the Customer shall:

    at all times, continue to meet all eligibility requirements provided in these Conditions;

    not fail background checks conducted by prospective employers or Mastered;

    attend a minimum of 60 guided learning hours. Such attendance may take place in person and/or through online session. Failure to meet the requirements in this section 4.9.3 shall entitle Mastered to terminate the provision of the Bootcamp without notice; [cite: 111, 112] and

    make reasonable efforts to implement recommendations, advice and guidance provided through the Mentor Sessions and Career Support Services.

In the event that a Customer reasonably fails to complete the work set during Mentor Sessions and/or Career Agent Sessions, or fails to attend sessions on more than one consecutive occasion, Mastered in its sole and absolute discretion reserves the right to suspend or terminate the supply of Bootcamp and/or Career Agent Services, and its Support Until Outcome Service. At this point, subject always to the Guidance, full and outstanding fees will become due immediately, as described in Section 11, and any sums already paid in respect of such Bootcamp and/or Career Support Services shall not be refundable.

Mastered makes no guarantees or representations that Career Support Services and Support Until Outcome Services will result in the Customer being employed.

ANCILLARY SERVICES

Mastered may provide Customers with access to additional services, separate to the Bootcamp(s) and Career Support Services, which are provided by Technical Mentor partners and third parties ("Ancillary Services"). Ancillary Services are optional services which may or may not be subject to the payment of additional fees to the Ancillary Services providers.

Ancillary Services are provided at the discretion of the relevant third party provider.

Mastered shall have no liability in respect of the provision of Ancillary Services.

In respect of job or placement opportunities published on the Website or via Third Party Platforms, the Customer acknowledges and agrees that these opportunities are provided by third parties and are not vetted or approved by Mastered. Mastered gives no representation or warranty about the suitability of any opportunity or its legitimacy. Customers are advised to exercise appropriate caution when taking up any opportunity. In particular, Mastered is not acting as a recruitment agent and shall have no liability with regards to the form or content of any job or placement opportunity published on the Website.

The Customer acknowledges and agrees that membership discounts and software licences are provided by third parties and are not contractual entitlements. Any discount or licence may be withdrawn or amended at any time by the third party and Mastered makes no representations and has no liability in respect of any discount or membership benefit.

MASTERED EVENTS

Customers may be invited to attend events organised by Mastered, third parties or through the Mastered network.

Attendance at these events is not guaranteed and may incur additional fees.

Mastered shall have no liability in respect of any loss or harm suffered by any Customer at an event organised by a third party or through Mastered’s network. Mastered limits liability to the fullest extent permissible in respect of any event organised by Mastered and the Customer's attention is drawn to the limitation of liability provisions at clause 20.

Users and/or Customers acknowledge and agree that Mastered may video and photograph its events and events arranged through Mastered’s network and that Mastered may publish such content on any Forum. By attending any event you irrevocably agree to being so photographed and consent to the use of such images by Mastered on any Forum.

CUSTOMER'S OBLIGATIONS

The Customer shall:

    cooperate with Mastered in all matters relating to the Bootcamp(s);

    provide Mastered with such information and materials as Mastered may reasonably require in order to supply the Bootcamp(s) and/or Career Support Services, and ensure that such information is accurate in all material respects; and

    comply at all times with the Mastered code of conduct obligations as set out in clause 7.2.

Customers must abide by the following non-exhaustive code of conduct in this clause, which shall apply both when participating in Bootcamp(s) in any capacity and when using the Website. Customers must:

    comply with applicable law in the UK and in any country from which they are accessing the Website and/or Bootcamp(s);

    not threaten, abuse or invade the privacy of another Member, Mastered employee, Technical Mentor or Coach, or cause annoyance, inconvenience or needless anxiety;

    not harass, or any way negatively impact the experience of another Member, Mastered employee, Technical Mentor or Coach;

    not impersonate any person, misrepresent his/her identity or affiliation with any person;

    not make a contribution in Bootcamps or post Content that:

      contains any material which is defamatory of any person;
      contains any material which is obscene, offensive, hateful or inflammatory;
      promotes sexually explicit material (other than where permitted by Mastered in writing in advance);
      promotes violence;
      promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      infringes any copyright, database right or trade mark of any other person;
      is likely to deceive any person;
      promotes any illegal activity; and/or
      gives the false impression that they emanate from or are in any way related to Mastered.

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 Customer's Contract (where applicable) without any right to a refund;

    immediately refuse that Customer and/or User access to the Website on a temporary or permanent basis; and/or

    take any other 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 access by the defaulting Customer to any of the services provided by Mastered contained herein, or in any event provided under the Website, until the defaulting 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

Independent Members or learners will not be charged for any element of a Bootcamp.

In the event an Employer is training an existing employee(s) through a Bootcamp, the Employer must contribute (by way of cash contributions only) to the cost of the Bootcamp as follows:

    in the case of a Large Employer, 30% of the agreed learner rate; and

    in the case of a

    Small and Medium Sized Employer, 10% of the agreed learner rate.

In the event an existing employee of an Employer, to which training through a Bootcamp is provided, fails, at any time, to meet any of the requirements contained in clause 4.9, the Employer shall be liable to pay to Mastered 100% of the agreed learner rate for that existing employee.

Subject always to clause 8.1, in the event an Employer is training an existing employee(s) through a Bootcamp, or where a Customer places an Order, Mastered shall invoice the Employer or the Customer (as applicable) immediately upon the Order being placed (the “Invoice”). Settlement of the Invoice must be made either:

    where the Customer or Employer (as applicable) elects to take advantage of a Payment Plan, in accordance with the terms of the Payment Plan;

    where the Customer or Employer (as applicable) elects to take advantage of third-party finance options, immediately on placing an Order; or

    otherwise immediately on placing an Order.

All amounts payable by the Customer or Employer (as applicable) under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being ("VAT").

If the Customer or Employer (as applicable) 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 or Employer (as applicable), and the Customer or Employer (as applicable) 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 £25.00.

The interest referred to in clause 8.6.1 shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer or Employer (as applicable) shall pay the interest together with the overdue amount.

The Customer or Employer (as applicable) 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 or Employer (as applicable) against any amount payable by Mastered to the Customer or Employer (as applicable).

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

PAYMENT PLANS AND PAYMENTS

The Customer may have the option to pay for certain Bootcamp(s) and/or Career Support Services:

    in-full on or prior to the expiry of 14 days from the Bootcamp Start Date;

    by using a Payment Plan. The Payment Plan will only be available at Mastered’s sole and absolute discretion. Mastered will provide the Customer with a breakdown of the amounts payable by the Customer when the Customer enters into the Contract. For the avoidance of doubt, a Payment Plan is not a form of finance or loan; or

    by using a Pay When Hired Plan through a Bootcamp Finance Partner. For the avoidance of doubt:

    a Customer’s relationship and/or agreement with the Bootcamp Finance Partner shall be completely separate to their relationship and/or Contract with Mastered;
    Mastered will have no liability in regard to the agreement and/or relationship between a Customer and the Bootcamp Finance Partner; and
    Mastered’s approval of a Bootcamp Finance Partner shall not be deemed as Mastered providing advice to a Customer on loans or approving (or commenting) on the terms that the Bootcamp Finance Provider will provide finance to the Customer.

If a Customer terminates their agreement or arrangement to a Pay When Hired Plan with a Bootcamp Finance Partner, this does not terminate the Customer’s obligation to pay the fees due under the Contract which may become immediately payable on termination of such agreement or arrangement with the Bootcamp Finance Partner.

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

If an instalment due in accordance with the Payment Plan or Pay When Hired Plan has not been paid, Mastered shall be permitted to try to take the payment a further time and charge an administration fee in respect of its costs in respect of the failed payment.

In the event that the instalment is not paid within 14 days of the due date, Mastered may terminate the Payment Plan or Pay When Hired Plan at which point all sums due under the Mastered Payment Plan or Pay When Hired Plan (including any interest for late payments) will become immediately repayable to Mastered.

In the event that an instalment is outstanding under the Mastered Payment Plan or Pay When Hired Plan, Mastered may in its sole and absolute discretion elect to suspend or terminate the availability of the Bootcamp(s) and/or Career Support Services. In the event that Mastered elects to terminate the Bootcamp(s) and/or access to Career Support Services, any sums already paid in respect of such Bootcamp(s) and/or Career Support Services shall not be refundable.

For the avoidance of doubt, termination of a Mastered Payment Plan or Pay When Hired Plan shall not entitle the Customer to terminate the Contract. In the event of termination of a Mastered Payment Plan or Pay When Hired Plan (and absent termination of the Bootcamp(s) and/or access to Career Support Services by Mastered in its sole and absolute discretion) the balance of fees due under the Contract shall be payable.

Where the Customer has agreed to a Pay When Hired Plan provided by the Bootcamp Finance Partner, the amount repayable and/or obligations in the event of a drop out, pausing or cancellation by the Customer will be dictated by the terms of the agreement signed between the Bootcamp Finance Partner and the Customer.

CANCELLATION AND PAUSING

Subject always to clause 10.4, Mastered does not offer an automatic refund of the fees for a Bootcamp in the event that a Customer wishes to cancel at any point after the Initial Cancellation Periods have expired. This reflects a variety of factors which are dependent on the type of Bootcamp purchased. These factors include (but are not limited to):

    where access to the Mastered community and/or platform is part of the Bootcamp, as soon as reasonably practicable after an Order is accepted and fulfilled, Mastered will provide the Customer with access to the Mastered community and platform and commence provision of certain of its valuable services; or

    where a Bootcamp has limited places or requires certain goods or services to be tailored or booked for each attendee, Mastered commences booking and/or tailoring the goods and services as soon as reasonably practicable after an Order is accepted and fulfilled.

In the event of a refund being issued, funds will be returned to the source payment method used in the initial transaction, unless agreed otherwise. If the original payment originated from multiple sources, each source will have the appropriate proportion returned. If the amount of fees paid as at the date of cancellation is less than the percentage of the total fees which Mastered is entitled to retain, the Customer will be required to pay the balance to Mastered.

Joining a Bootcamp is a commitment to searching for a full-time permanent job. During the period, Mastered and the Bootcamp Finance Partner will invest in the Customer to aid their job search. In the event that a Customer cancels their participation after Initial Cancellation Periods, the full and any outstanding payments for the Bootcamp as stated on the Landing Page become due, irrespective of the salary of the Customer. For the avoidance of doubt, all outstanding fees will become due immediately, when the Customer decides to:

    no longer look for full-time or part-time work;

    no longer look for full-time or part-time work in sectors or industries related to the technical training;

    if not already self-employed, work as a self-employed, freelance, or gig worker;

    set up, launch or operate their own business, company or service;

    drop out of the Bootcamp for any reason; or

    fail to make reasonable efforts to participate in the Bootcamp.

A Customer may:

    pause and/or cancel a Bootcamp if an MS1 has not been claimed; or

    cancel (only) a Bootcamp if an MS1 has been claimed.

In the event a Bootcamp is cancelled pursuant to clause 10.4, the Customer shall lose the right to continue its progress and/or involvement in such Bootcamp and, pursuant to clause 4.1, shall not be eligible to be enrolled in another Bootcamp in the same financial year in which the Bootcamp was cancelled.

If a Customer wishes to pause a Bootcamp, the Customer must notify Mastered in writing. Mastered's decision under this clause shall be final.

Once the Bootcamp has started, it is not permitted for the Customer to pause, take a break or temporarily cease participation in the Bootcamp and to no longer be actively looking for work. In the event that a Customer opts to pause their participation, Mastered has the right to suspend, permanently or otherwise, providing Bootcamp and Career Support Services, and for full and outstanding fees to be due immediately, with no sums already paid to be refundable.

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

    the Bootcamp is fully booked;

    you are not eligible to take part in the Bootcamp;

    the Bootcamp has been or is going to be cancelled;

    the Bootcamp was listed at the incorrect price;

    or in Mastered's sole and absolute discretion, decides that the Customer is not suitable for the Bootcamp.

If Mastered does not process your order for any of the above reasons, Mastered will notify you by e-mail and will refund to your account any sum deducted by us from your credit/debit card.

Mastered reserves the right to cancel any live event, and Mastered shall not be responsible for any loss resulting from the cancellation. For the avoidance of doubt, this includes but is not limited to, loss of earnings and loss of monies for any transport or accommodation costs.

The cancellation criteria in clause 10.1 do not apply to any deferred enrolment.

MASTERED RIGHTS

In providing you with access to the Website, Mastered reserves the following rights:

    the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Mastered's sole and absolute discretion you violate or breach any of these Conditions;

    the right to amend or update the Website and/or these Conditions from time to time;

    the right without notice to remove and/or suspend Content, materials or 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 Accounts used to propagate any such content or materials;

    the right to access any or all Accounts in order to respond to 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 Accounts and delete any associated data if that Account has been inactive or disabled for one-hundred and eighty (180) days or more; [cite: 253, 254] and

    the right to report any Customer or User to the police or other judicial body if Mastered believes in its sole and absolute discretion that such Customer’s or User’s conduct (whether in using the Website or otherwise) is unlawful or threatens the welfare of any user of the Website or any member of Mastered's staff.

CONTENT

You hereby represent and warrant that in respect of any listings, messages, comments, files, images, photos, videos and all other materials ("Content") uploaded to the Website, submitted to any Learning Platform or any Application or Mastered's social media accounts (together the "Forums") and/or transmitted to any Member via the Website by you that:

    you have the right to publish such Content (whether by virtue of ownership of the intellectual property rights in such Content or as a result of the grant to you of a license to use and publish such Content) and no other fee is, or may become, payable as a result of the publishing of such Content;

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

such Content:

    is not illegal in the UK or in any jurisdiction in which such Content might reasonably be expected to be viewed and does not promote any illegal activity;

    does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;

    does not encourage or promote any political cause or affiliation;

    is not of a pornographic, sexually explicit, violent, offensive or obscene nature (except where Mastered has given its prior written consent to such material reaching this provision);

    does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;

    does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;

    does not depict any person less than 18 years of age (whether or not decent or indecent);

    is not likely to cause offence to any viewer of such content;

    does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and

    is not likely to lead a viewer to assume that you are related to, authorised by or otherwise represent Mastered.

You acknowledge and agree that Mastered may review and approve some or all Content (at its sole and absolute discretion) uploaded to the Forums and/or transmitted by you to any other User via the Website. Mastered shall be entitled to, acting reasonably, remove any Content without notice and without giving any reason.

Further you acknowledge and agree that Mastered may be required to provide information about the origin of any unlawful Content published and/or the occurrence of any unlawful activity occurring on any Forum to any police or judicial authority in any country in which such Content has been viewed and is illegal and you hereby irrevocably authorise Mastered to provide such information to such persons (on request or in our discretion) without consulting or informing you.

If you view any Content on any Forum that you believe breaches any of the above restrictions, you undertake and agree to report such Content to Mastered as soon as is reasonably possible.

You understand that:

    all Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Content originated;

    Mastered does not control and is not responsible for Content made available through the Forums;

    the Website and Content available through the Forums may contain links to websites, which are completely unrelated to Mastered. Mastered makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website. Linking to any other website is entirely at your own risk;

    you must evaluate and bear all risks associated with the use of any Content; and

    under no circumstances will Mastered be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via any Forum.

You, and not Mastered, are entirely responsible for all of your public information that you upload, post, email, transmit or otherwise make available via the Forums. Mastered does not control your public information or the public information of or posted by other users and does not guarantee the accuracy, integrity or quality of such information.

You understand that by using any Forum, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information of or posted by other Users.

OWNERSHIP AND USE OF YOUR CONTENT

Subject to clauses 13.2, 13.3 and 13.4, any Content uploaded to the Website by you shall at all times belong to you and Mastered undertakes to use reasonable endeavours to procure that such Content is not made available on any page other than its Website, on its social media profiles or other Forums owned by the Company, without your prior consent.

Notwithstanding the provision of clause 13.1, by posting Content for publication on a Learning Platform or Application, you grant Mastered the right to use, amend and publish such Content on any media, including on the Learning Platform and Application and social media profiles owned or controlled by the Company, without payment to you and irrevocably waive any moral rights you may have in such Content.

When you upload any Content to the Website you grant Mastered a non-exclusive, perpetual, irrevocable and royalty-free licence to use, modify, adapt, translate, publish, disseminate and create derivative works of any Content other than for commercial purposes (although you may, in your sole and absolute discretion, give your written consent for Mastered to apply the licence for commercial purposes) on any Forum.

Mastered may use your likeness and any other Content uploaded by you on its social media profiles and in any advertising published by it.

You acknowledge and agree that any future marketing and/or promotional content created by the Technical Mentor partner, or by a third party with the input of the Technical Mentor partner, Brand or Bootcamp Finance Partner (the "Partner Materials") may be similar to, or otherwise resemble, in whole or in part some elements of your Content. You irrevocably undertake not to seek to claim any title, copyright or other intellectual property rights (including without limitation, moral rights) to any Partner Materials and acknowledge that no royalty or other remuneration shall be payable by the Technical Mentor partner or third party (as applicable) to you in respect of any Partner Materials.

INFRINGEMENT

By using this Website you acknowledge and agree that Mastered may preserve or disclose your Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:

    identify copyrighted work or other Intellectual Property Rights 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 Users. This includes storing or trying to store personal data of other Users.

INTELLECTUAL PROPERTY

All content included on the Website, excluding the Content belonging to you, is the property of Mastered, Mastered’s affiliates or other relevant third parties (as applicable). By continuing to use the Website, services provided therein and your Account, you acknowledge that any content on the Website is protected by copyright, trademarks, database rights and other Intellectual Property Rights. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use a trademark, logo or service mark displayed on the Website without the owner’s prior written permission.

You must not reproduce, modify, copy, distribute or use for commercial purposes any content on the Website without the prior written permission of Mastered.

Mastered grants you a limited licence to use the Website solely as set out in these Conditions. Any unauthorised 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 unauthorised use by you of the Website.

Mastered is also the sole owner or lawful licensee of all the rights of the Website including but not limited to software (including source codes), algorithms, design, layout and non-literal visual and functional elements of the Website. The title, ownership and Intellectual Property Rights in the Website shall remain with Mastered a solely and exclusively and no right, title or interest will be transferred to the Users by providing access to the Website.

All other trademarks not owned by Mastered that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Mastered.

SECURITY

Whilst Mastered has implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.

ELECTRONIC COMMUNICATIONS

By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Mastered. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY

You provide us with information when you register on the Website. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of offer) and to users of the Website in general. Any information that you submit or that we collect when you are using the Website or the Bootcamp(s) is subject to the Mastered Privacy Policy, the terms of which are hereby incorporated into these Conditions.

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 Conditions, on any theory of liability, and whether or not advised of the possibility of damage.

Mastered does not seek to exclude liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation on the part of Mastered. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

From time to time you may use or access services, promotions and Websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

You acknowledge and agree that Mastered is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. Mastered specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.

The Website and any Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Mastered and are not endorsed by Mastered. Mastered shall not be liable in the event that any content is defamatory, misleading, incomplete or incorrect. Similarly Mastered shall not be liable in the event that any fact is incorrect or misleading.

LIMITATION OF LIABILITY BOOTCAMP

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

    death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

    fraud or fraudulent misrepresentation.

Subject to clause 21.1:

    Mastered shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Bootcamp or the Contract; and

    Mastered's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.

This clause 21 shall survive termination of the Contract.

INDEMNITY

You agree to indemnify and hold Mastered and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Website or your violation of any law or the rights of any third party.

DISPUTES

Further to clause 7.2.3, you may not harass any Member. You must agree to cease contacting any other Member or User who has requested you to cease such contact.

Mastered will not become involved in any domestic or private disputes between Members and does not provide any arbitration or settlement services should a dispute arise between Members.

You alone are responsible for ensuring that your interaction with other Members is lawful. Mastered advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent.

TERMINATION

Mastered may change or discontinue the Website at any time without prior notice. Mastered reserves the right to terminate the Contract for any reason, without notice, and the Contract shall automatically terminate in the event that you violate any of the Conditions 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 their Account with Mastered at any time: You can cancel your Account by email to hello@mastered.com with 'DEACTIVATE' in the subject line. Please include your full name and reason for leaving and we will aim to cancel your membership and remove your profile within seven days.

In the event of termination, Mastered has no obligation to transfer to you or allow you to view any Content uploaded by you to the Website.

CONSEQUENCES OF TERMINATION OF A CONTRACT

On termination of the Contract for any reason:

    the Customer shall immediately pay to Mastered all of Mastered's outstanding unpaid invoices and interest and, in respect of the Bootcamp(s) supplied but for which no invoice has been submitted, Mastered shall submit an invoice, which shall be payable by the Customer immediately on receipt;

    the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

    clauses which expressly or by implication survive termination shall continue in full force and effect.

FORCE MAJEURE

For the purposes of this Contract, a "Force Majeure Event" means an event beyond the reasonable control of Mastered including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Mastered or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Mastered shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents Mastered from providing any of the Bootcamp for more than four weeks, Mastered shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

GENERAL

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 28.1; 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).

CONFLICTING PROVISIONS

Insofar as any provisions of these Conditions conflicts with any provisions of the Guidance, the provisions of the Guidance shall prevail.

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