- For cancellations over 4 weeks before the course, you’ll be refunded 100% of the ticket price
- For cancellations between a 4 weeks and 2 weeks before the course a 50% refund will be provided
- For cancellations under 2 weeks before the course no refund will be provided
- Tickets are transferable to another course at any time up until a week before the course, but will be non-refundable after the first transfer
- Tickets are transferable to another person at any time
- Definitions and Interpretation
(i) the EU Data Protection Directive (Directive 95/46/EC), the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003;
(ii) with effect from 25th May 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679); and
(iii) any other data protection laws and regulations, orders and any codes of practice, guidelines and recommendations issued by the Information Commissioner’s Office or any replacement or equivalent body, as amended and in force from time to time.
“JumpstartJS Profile” means a Basic Profile. “JumpstartJS Platform” JumpstartJS’s proprietary web portal that may be accessed by the JumpstartJS User to use the JumpstartJS Services. “JumpstartJS Services” (i) to sign up to Bootcamps;
(ii)to communicate and interact with other users , using the JumpstartJS Platform.
“JumpstartJS User” means the person or entity identified as such in an Application. “JumpstartJS User Data” Means data uploaded to the JumpstartJS Platform, or otherwise provided by the JumpstartJS User to JumpstartJS, under or in relation to the Agreement. “JumpstartJS User Personal Data” means Personal Data provided or made available by the JumpstartJS User to JumpstartJS under or in relation to the Agreement. “Force Majeure Event” an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars). “Intellectual Property Rights” all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs). “Personal Data” has the meaning given to it in the Data Protection Act 1998. “Processing” has the meaning given to it in the Data Protection Act 1998. “JumpstartJS” JumpstartJS Limited a company incorporated in Northern Ireland with registration number NI648094 and its registered office at 24 Ogles Grove, Hillsborough, Lisburn, Co. Down BT26 6RS. “Term” the period starting on the date on which the Application is accepted by JumpstartJS and ending on the date when the Agreement is terminated in accordance with clause 15.
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
- JumpstartJS Platform and JumpstartJS Services
- JumpstartJS grants to the JumpstartJS User a non-exclusive, non-transferable licence to access and use the JumpstartJS Platform during the Term.
- The JumpstartJS User agrees that they will:
(a)comply with all applicable laws;
(b) ensure that all JumpstartJS User Data is and remains accurate and not misleading;
(c) only use the JumpstartJS Platform and the JumpstartJS Services in a professional manner, and only for the purposes for which it is made available; and
- The JumpstartJS User agrees that they will not:
(a) sub-license, rent, lease, loan, or sell its right to access and use the JumpstartJS Platform or the JumpstartJS Services to any third party, or
use the JumpstartJS Platform or the JumpstartJS Services for the benefit of any third party; or
(b) not use the JumpstartJS Platform or the JumpstartJS Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
(c) upload to the JumpstartJS Platform inappropriate, inaccurate, or unlawful content; or
(d) misrepresent their affiliation or relationship with a person or entity, past or present; or
(e) use or attempt to use any other person’s JumpstartJS Profile; or
(f) send spam or other unwelcomed communications to others; or
(g) post any JumpstartJS User Data, or otherwise act in a way, which is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable; or
(h) breach the intellectual property or other proprietary rights of JumpstartJS or any third party; or
(i) upload to the JumpstartJS Platform anything that contains software viruses, worms, or any other harmful code; or
(j) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the JumpstartJS Platform or any related technology, or any part thereof; or
(k) “scrape,” “crawl” or “spider” the JumpstartJS Platform, whether by manual means or using automated software, devices, scripts robots; or
(l) interfere with the operation of, or place an unreasonable load on, the JumpstartJS Platform, including by way of spam, denial of service attacks or viruses, or otherwise use the JumpstartJS Platform in any way that causes, or may cause, damage to it.
If the JumpstartJS User is in breach of any of the conditions or restrictions set out in
clauses 2.3 or 2.4, then JumpstartJS may (without prejudice to its other rights under the Agreement)
with immediate effect and without any obligation to provide notice to the JumpstartJS User:
(a) suspend the JumpstartJS User’s access to and use of the JumpstartJS Platform and the JumpstartJS Services for the duration of the JumpstartJS User’s default; or
(b) terminate the Agreement under clause 15.3 and delete the JumpstartJS User’s JumpstartJS Profile.
- JumpstartJS will provide the JumpstartJS User with support by email and/or instant messaging via the Platform between 08:00 and 19:00 (UK time) on Business Days.
- JumpstartJS shall use all reasonable commercial endeavours to carry out scheduled or planned maintenance to the JumpstartJS Platform between 00:00 and 06:00, and to give the JumpstartJS User at least two (2) Business Days’ prior notice of any maintenance that will or is likely to result in disruption to the JumpstartJS Platform.
- JumpstartJS shall use all reasonable commercial endeavours to ensure that availability of the JumpstartJS Platform
during any calendar month exceeds 90%. For the purpose of calculating availability, any periods of non-availability
caused by the following shall be disregarded:
(a) scheduled or planned maintenance;
(b) non-availability of the internet, or a failure of the JumpstartJS User’s equipment, or a power outage at the JumpstartJS User’s premises;
(c) any act or omission of the JumpstartJS User, or any person acting on behalf of the JumpstartJS User, which prevents or delays the availability of the JumpstartJS Services; and
(d) a Force Majeure Event.
- JumpstartJS User’s obligations
- The JumpstartJS User must provide to JumpstartJS, or procure for JumpstartJS, such co-operation, support, advice, information and documentation as JumpstartJS may reasonably request in connection with the performance of its obligations under the Agreement.
- JumpstartJS User Data
- The JumpstartJS User grants to JumpstartJS a non-exclusive licence to copy, reproduce, store, distribute, publish, export and translate the JumpstartJS User Data to the extent reasonably required for the performance of JumpstartJS's obligations and the exercise of JumpstartJS's rights under the Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of such obligations and the exercise of such rights.
- The JumpstartJS User warrants to JumpstartJS that
the use of the JumpstartJS User Data by JumpstartJS in accordance with the Agreement will not:
(a) breach the provisions of any law, statute or regulation; or
(b) infringe the Intellectual Property Rights or other legal rights of any person; or
(c) give rise to any cause of action against JumpstartJS, in each case in any jurisdiction and under any Data Protection Laws.
- The JumpstartJS User acknowledges and agrees that any JumpstartJS User Data uploaded to, or otherwise included within, their JumpstartJS Profile or a Project may be accessed by individuals outside the EEA.
- Intellectual Property Rights
- Nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from JumpstartJS to the JumpstartJS User, or from the JumpstartJS User to JumpstartJS.
- All Intellectual Property Rights in in all materials created or performed by JumpstartJS, solely or jointly with any person, in the course of providing the JumpstartJS Services (“Work”) shall vest or remain vested in JumpstartJS.
- JumpstartJS hereby grants to the JumpstartJS User a royalty-free, non-exclusive licence to access and use the Work in connection with the JumpstartJS User’s use of the JumpstartJS Services during the Term.
- At JumpstartJS’s request and expense, the JumpstartJS User shall perform (or procure the performance of) all further acts and things, and execute and deliver (or procure the execution or delivery of) all further documents which JumpstartJS reasonably considers necessary to vest ownership of the Work in JumpstartJS or otherwise to give effect to this clause 7.
- JumpstartJS Users are charged per purchase of ticket(s) to a Bootcamp. The price of the ticket will vary from Bootcamp to Bootcamp. The price per ticket may change at various stages depending on discounts and promotions applied to that particular Bootcamp. Once the JumpstartJS User has purchased a ticket, this entitles them to attend the Bootcamp irrespective of future price changes of the Bootcamp ticket.
- Payment of Profile Charges or the Project Charges must be made by the JumpstartJS User via the JumpstartJS Platform. JumpstartJS will issue VAT receipts on request.
- The Bootcamp charges are exclusive of UK value added tax (VAT) or any other applicable sales tax, and are payable by the JumpstartJS User to JumpstartJS.
- Each party (the “Receiving Party”) shall:
(a) keep the Confidential Information of the other party (the “Disclosing Party”) strictly confidential;
(c) use the same degree of care to protect the confidentiality of the Disclosing Party’s Confidential Information as the Receiving Party uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care; and
(d) act in good faith at all times in relation to the Disclosing Party’s Confidential Information.
- Notwithstanding clause 9.1, the Receiving Party may disclose the Disclosing Party’s Confidential Information to its officers, employees, professional advisers, insurers, agents and subcontractors who are bound by a written agreement or professional obligation to protect the confidentiality of such Confidential Information.
- This clause 9 imposes no
obligations upon the Receiving Party with respect to the Disclosing Party’s Confidential Information that:
(b) is or becomes publicly known through no act or default of the Receiving Party; or
(c) is obtained by the Receiving Party from a third party in circumstances where the Receiving Party has no reason to believe that there has been a breach of an obligation of confidentiality.
- The restrictions in this clause 9 do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Receiving Party on any recognised stock exchange.
- The provisions of this clause 9 shall continue in force for a period of five (5) years following the termination of the Agreement, at the end of which period they will cease to have effect.
- Each party (the “Receiving Party”) shall: (a) keep the Confidential Information of the other party (the “Disclosing Party”) strictly confidential;
- Data protection
- The parties agree that, in respect of any JumpstartJS User Personal Data that is provided by the JumpstartJS User to JumpstartJS (including as part of the Application, during the creation or administration of a Project, while connecting with or participating in a Project, or otherwise) then, for the purposes of Data Protection Laws, the JumpstartJS User is the Data Controller and JumpstartJS is the Data Processor of such JumpstartJS User Personal Data.
- JumpstartJS will, at all times:
(a) carry out all Processing of JumpstartJS User Personal Data pursuant strictly in accordance with the Agreement and the JumpstartJS User’s written instructions from time to time;
(b) have in place appropriate technical and organisational security measures so that JumpstartJS User Personal Data is protected against unauthorised or unlawful processing and against accidental loss, destruction or damage;
(c) only process the JumpstartJS User Personal Data for the purposes of performing its obligations and exercising its rights under the Agreement; and
(d) process the JumpstartJS User Personal Data in compliance with all Data Protection Laws.
- JumpstartJS will notify the JumpstartJS User as soon as practicable if:
(a) any of the JumpstartJS User Personal Data is lost or destroyed, or becomes damaged, corrupted or unusable;
(b) JumpstartJS receives any complaint or regulatory notice which relates to the processing of any of the JumpstartJS User Personal Data; or
(c) JumpstartJS receives a request from a data subject for access to any of the JumpstartJS User Personal Data.
- JumpstartJS will co-operate with the JumpstartJS User in relation to:
(a) any request from the JumpstartJS User to amend or delete any of the JumpstartJS User Personal Data;
(b) any complaint or regulatory notification relating to the processing of any of the JumpstartJS User Personal Data; and
(c) any request from a data subject for access to any of the JumpstartJS User Personal Data, at the cost and expense of the JumpstartJS User.
- The JumpstartJS User acknowledges and agrees that: (a) JumpstartJS User Personal Data provided to, or otherwise included within, a Bootcamp may be accessed by individuals outside the EEA.
- JumpstartJS warrants to the JumpstartJS User that:
(a) JumpstartJS has the legal right and authority to enter into the Agreement and to perform its obligations under the Agreement; and
(b) JumpstartJS will comply with all applicable legal and regulatory requirements applying to the exercise of JumpstartJS’s rights and the fulfilment of JumpstartJS’s obligations under the Agreement.
- JumpstartJS warrants to the JumpstartJS User that:
(a) it has taken all commercially reasonable steps to ensure that the JumpstartJS Platform will be free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and
(b) the JumpstartJS Platform will incorporate security features reflecting the requirements of good industry practice.
- JumpstartJS warrants to the JumpstartJS User that the JumpstartJS Services, when used by the JumpstartJS User in accordance with the Agreement, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
- If JumpstartJS reasonably determines, or any
third party alleges, that the use of the JumpstartJS Services by the JumpstartJS
User in accordance with the Agreement infringes any person's Intellectual
Property Rights, JumpstartJS may at its own cost and expense:
(a) modify the JumpstartJS Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
(b) procure for the JumpstartJS User the right to use the JumpstartJS Services in accordance with the Agreement; or
(c) if neither of the options set out in (a) or (b) are commercially or technically practicable, terminate the Agreement.
- The JumpstartJS User warrants to JumpstartJS that it has the legal right and authority to enter into the Agreement and to perform its obligations under the Agreement.
- JumpstartJS warrants to the JumpstartJS User that:
- Acknowledgements and warranty limitations
- The JumpstartJS User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of the Agreement, JumpstartJS gives no warranty or representation that the JumpstartJS Platform or the JumpstartJS Services will be wholly free from defects, errors and bugs.
- The JumpstartJS User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to clause 11.2(b) and the other provisions of the Agreement, JumpstartJS gives no warranty or representation that the JumpstartJS Services will be entirely secure.
- The JumpstartJS User acknowledges that:
(a) any agreement or arrangement entered into by the JumpstartJS User with a Project Participant or other user of the JumpstartJS Platform (including, but not limited to, a contractor agreement or employment contract) is undertaken entirely at the JumpstartJS User’s own risk;
(c) JumpstartJS provides no warranty and makes no representation regarding the competence, experience, honesty or suitability of any JumpstartJS User.
- Except to the extent expressly provided otherwise in the Agreement, JumpstartJS does not warrant or represent that the JumpstartJS Platform, the use of the JumpstartJS Services by the JumpstartJS User will be suitable for the JumpstartJS User’s purposes, or will provide the JumpstartJS User with any specific result, return on investment or other outcome.
- Limitations and exclusions of liability
- Nothing in the Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this clause 13 and elsewhere in the Agreement:
(a) are subject to clause 13.1; and
(b) govern all liabilities arising under the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Agreement.
- JumpstartJS shall not be liable to the JumpstartJS User in respect of:
(a) any losses arising out of a Force Majeure Event; or
(b) any loss of profits or anticipated savings; or
(c) any loss of revenue or income; or
(d) any loss of use or production; or
(e) any loss of business, contracts or opportunities; or
(f) any loss or corruption of any data, database or software.
- Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
- The liability of each party to the other party under the Agreement
in respect of any event or series of related events shall not exceed the higher of:
(a) an amount equal to five (5) times all sums paid or payable by the JumpstartJS User to JumpstartJS under the Agreement; or
- Nothing in the Agreement will:
- Force Majeure Event
- If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
- A party that becomes aware of a Force
Majeure Event which gives rise to, or which is likely to give
rise to, any failure or delay in that party performing any
obligation under the Agreement, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
- A party whose performance of its obligations under the Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
- Termination and suspension
- The JumpstartJS User may terminate the Agreement with immediate effect by requesting their JumpstartJS Profile be deleted by emailing firstname.lastname@example.org.
- Either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
(a) the other party is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; or
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement).
- JumpstartJS may suspend the provision of the JumpstartJS Services, in whole or in part and with immediate effect, on written notice to the JumpstartJS User if JumpstartJS, acting reasonably, considers that the JumpstartJS User has committed or will commit a material breach of any terms or conditions of the Agreement.
- JumpstartJS will provide the JumpstartJS User with at least five (5) business days’ notice prior to suspending the JumpstartJS Services under clause 15.5 to enable the JumpstartJS User to remedy the breach, except where the breach is not capable of remedy or where JumpstartJS reasonably considers that the delay in providing such notice may damage the JumpstartJS Services, affect the provision of the JumpstartJS Services to other users, or is otherwise not reasonably practicable, in which case JumpstartJS shall be entitled to suspend the JumpstartJS Services without notice and with immediate effect.
- Effects of termination
- The termination of the Agreement shall not affect the accrued rights of either party.
- The JumpstartJS User acknowledges and agrees that:
(a) if the Agreement is terminated by the JumpstartJS User under clause 15.2 the JumpstartJS User is liable to pay the Bootcamp Charges and will not be awarded a refund; and
(b) if (and only if) the Agreement is terminated by JumpstartJS under clause 15.1 or by the JumpstartJS User under clause 15.3 or clause 15.4, JumpstartJS shall provide the JumpstartJS User with a refund of any Bootcamp Charges which relate to the period after the termination of the Agreement.
- JumpstartJS may give notices to the JumpstartJS User under the Agreement by:
(a) posting a banner notice on the JumpstartJS Platform; or
(b) sending an email to the JumpstartJS User using the email address provided by the JumpstartJS User in their Application.
(c) Contacting the JumpstartJS User by telephone provided in their JumpstartJS User Data.
- JumpstartJS may give notices to the JumpstartJS User under the Agreement by:
- The JumpstartJS User may give notices to JumpstartJS by sending an email to email@example.com
- JumpstartJS may subcontract any of its obligations under the Agreement, provided that JumpstartJS shall remain responsible to the JumpstartJS User for the performance of any subcontracted obligations.
- The JumpstartJS User must not assign, transfer or otherwise deal with its contractual rights and/or obligations under the Agreement without the prior written consent of JumpstartJS, such consent not to be unreasonably withheld or delayed.
- No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
- If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of the Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- The Agreement is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party.
- The Agreement may not be varied except in accordance with clause 23.
- The Agreement may be varied by means of a written document signed by or on behalf of each party.
- JumpstartJS may vary the Agreement by giving to the JumpstartJS User at least 30 days' written notice of the proposed variation, providing that if JumpstartJS gives to the JumpstartJS User a notice under this clause 23.3, the JumpstartJS User shall have the right to terminate the Agreement by giving written notice of termination to JumpstartJS at any time during the period of 14 days following receipt of JumpstartJS’s notice.
- Subject to obtaining the JumpstartJS User’s prior written consent (not to be unreasonably withheld or delayed), the JumpstartJS User agrees that JumpstartJS shall be entitled to use the JumpstartJS User’s name and logo for marketing and publicity purposes).
- The Agreement shall constitute the entire agreement between the parties in relation to its subject matter, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
- Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Agreement.
- The provisions of this clause 25 are subject to clause 13.1.
- The Agreement shall be governed by and construed in accordance with UK law.
- Any disputes relating to the Agreement shall be subject to the exclusive jurisdiction of the courts of England.