Terms and Conditions

APPROVED SUPPLIER TERMS & CONDITIONS

TERMS & CONDITIONS

 

Thank you for using ldmastermind.com (the “Website”).

This page states the terms under which you may use the Website. By accessing the Website you accept and agree to be bound by these Terms.

A. Intellectual property

The content of the Website, including but not limited to text, graphics, logos, software, and trademarks are the property of The Learning And Development Mastermind Ltd. (L&D Mastermind) and are protected by copyright and other laws. L&D Mastermind does not tolerate copyright infringement and will actively pursue any known infringement to the full extent of the law.

B. Restrictions on use

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use L&D Mastermind content in any way except for your own personal use. Nor may you use the Website to create, amend, update, or verify any databases, directories, customer lists, mailing lists or other records.

The use of L&D Mastermind data as a source or target for direct marketing, telemarketing, market research, or any other marketing activity on yours, or someone else’s behalf, is strictly prohibited.

C. Website Warranties

L&D Mastermind does not guarantee the timeliness, completeness, or performance of the Website or any of the content. While we try to ensure that all content featured on the Website is correct at the time of publication, no responsibility is accepted by L&D Mastermind for any errors, omissions or inaccurate content on the Website.

We will not be liable for any loss or damage, financial or otherwise as a result of you using the information provided on the Website, nor does L&D Mastermind guarantee the suitability or quality of any products or services featured on the Website.

L&D Mastermind does not warrant that access to the Website or the features on the Website will be uninterrupted or error free. Nor does L&D Mastermind warrant that the server on which the Website is based is free of Viruses or other harmful code.

D. Contributions to the site

Contributions to the site can only be made by users who have registered on the site using a confirmed email address. We will send you an email once you have registered with a link in it to confirm you have a working email address. If you signup using a third-party method (Facebook / Google / Yahoo) we accept that you have a confirmed email address.

Contributions made to the Website are encouraged, providing they are made in a responsible manner and are in no way inaccurate, defamatory, or misleading.

Images, videos or other media uploaded to the site are the responsibility of the users who uploaded them. L&D Mastermind cannot be held responsible for media content added by site contributors.

L&D Mastermind reserves the right, without any obligation whatsoever, to review, correct, remove or modify any content submitted to the website.

By submitting a rating or review to the website you are accepting that your name and email address will become available to the business you review, and your name will be displayed on the Website.

E. Advertising your business on L&D Mastermind

The Information you provide in relation to your business must be accurate and truthful. You must have the permission of the copyright owner for any images, videos, or media which you upload to the site.

F. Customer Reviews

By default, when you sign up to L&D Mastermind as a business you accept that your business can be reviewed by your customers and other users of the site. We reserve the right to remove any reviews that we believe haven’t been posted by the customers themselves or where we believe the reviews may not be genuine.

If your business receives a negative review, you have the ability to respond underneath the review, posting your side of the story. It’s very possible that you can turn the bad review into a positive situation by publicly demonstrating your level of customer support. Responses which reveal personal details or which are defamatory in nature will be edited or removed. Repeat offending in this regard may result in your account being removed.

Reviews must…

a) be written by the customer who received the service or product offered by the business. Reviews written by non-customers or on behalf of others will be removed.

b) detail why the customer was satisfied or dissatisfied by the product or service which they received. Reviews with scant or off-topic information will be removed.

c) be posted under the customer’s real name. Reviews posted anonymously or under a false name will be removed.

d) not contain any abusive or offensive language, nor reveal unnecessary personal information relating to themselves or others.

Also…

e) Reviews flagged by our Review Verification Software will not be unflagged. We also won’t generally reveal the exact reason why a review is flagged, as doing so would encourage abuse of the system.

f) We reserve the right to remove or transfer reviews away from a business account when the business comes under new ownership.

g) We reserve the right to remove a review when it appears there is an escalating situation of harassment between reviewer and business, an ongoing legal case or police involvement.

h) We reserve the right to remove any reviews that do not conform to our terms and conditions without any recourse or communication with the business the review was written about.

G. User Accounts

As stated in our Privacy policy, we reserve the right to send you certain communications relating to your account, such as service announcements and administrative messages without offering you the opportunity to opt-out of receiving them.

You may not use, or allow others to use, your account to:

§  Post any content that is abusive or defamatory or which discloses private or personal matters concerning any person.

§  Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity.

H. L&D Mastermind Approved Supplier Status

Approved Supplier Members will be automatically re-billed by Stripe. Emails are sent to confirm your Direct Debit, when a new subscription is set up, when a payment fails or is retried or when your subscription is cancelled or expires.

Approved Suppliers can cancel their subscription at any time by emailing Cancellations@ldmastermind.com


As we charge annually, we have a ‘no refund’ policy. If Approved Supplier membership is cancelled, it will stay active until the end of the period which has been paid for.

In exceptional circumstances, we reserve the right to close a Approved Supplier member’s account without any claim to a refund if we find that they are in breach of the terms and conditions of the site. Approved Supplier members are bound by the terms and conditions of the site in the same way as any other site user.

I. General

If you see any content on the site that is incorrect, is illegal or breaches anyone else’s rights, please contact us.

L&D Mastermind may change, alter, or modify these Terms at any time. Any significant changes to these Terms will be posted on the Website. If you do not agree to Terms on this page, you should cease use of the Website.

Registered Office Address
33 Cedardale Park
Widnes
United Kingdom
WA8 3JU

Registered Company Number
: 10890532 

 

RECRUITER TERMS & CONDITIONS

TERMS & CONDITIONS

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

 Effective from April 2021

Terms of use

ldmastermind.com (the “Site”) is owned and operated by The Learning and Development Mastermind Ltd. (L&D Mastermind) and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

Who we are and how to contact us?
We are registered under Company Number: 10890532 and have Our registered office at 33 Cedardale Park, Widnes, WA8 3JU, United Kingdom. We are a limited company.

To contact us, please fill out our Contact us form.

Data protection
Our use of CVs and other personal information supplied by users of this Site is governed by our privacy policy. Please click here to view our privacy policy.
Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf, including third parties located outside of the European Economic Area in countries where there may be a lower legal level of data protection. However, we will always endeavour to handle your information in accordance with this privacy policy, wherever it is processed.

Use of the site.
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print, and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer because of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to L&D Mastermind or its third-party suppliers. Use of the site does not give you any proprietary rights in such materials.

Employment Agencies and Employment Business Regulations 2003

To the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), we operate as a venue only and are not an employment business and do not introduce or supply work-seekers to hirers (or vice versa). This means that we do not:

          obtain sufficient information for potential recruiters to select a suitable jobseeker for the position which the recruiter seeks to fill.

          obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications, or authorisation to work in the position to be filled or that they wish to undertake the role to be filled.

          take any steps to ensure the jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled.

          take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled.

          give any indication to recruiters whether jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances.

          propose jobseekers to recruiters or provide any information about them.

          take up any references in relation to a jobseeker; or,

          make any arrangements for accommodation of jobseekers.

The Regulations seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications, and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker, you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a jobseeker’s suitability for the role.

 These could include:

If you are a jobseeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

If you are a recruiter; checking the identity of the jobseeker and that the jobseeker has the experience, training, qualifications, and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a jobseeker to take up a position.

 In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal records bureau check of the jobseeker. For more details of how to undertake a criminal records bureau check, please click here.

 IR35 Tax Legislation

Recruiters will need to be aware of the IR35 legislation when posting job adverts, namely that targets candidates including but not limited to independent contractors, freelancers, interim and/or consultant. The recruiter must comply to the rules derived from the IR35 legislation and apply where necessary.

 

The application of the legislation in question must be done with reasonable care when defining the IR35 of the Jobseeker’s status and in the absence of reasonable care the recruiter will automatically become liable for any omission. The discretion lies with You to be updated with your obligations under the IR35 legislation.

 Equality Act 2010

Subject to the clauses above, you must comply and adhere to all applicable laws when using Our Services, including but shall not be limited to the Equality Act 2010 and the Code of Practice on Employment provided by the Equality and Human Rights Commission. You must not use Our Services with the intention to discriminate or place the Jobseekers at a disadvantage when deciding or approaching them to fulfil a job vacancy. You hereby confirm that the content of the job advert and when using the CV database as per clause 15, you will comply with all your obligations hereunder and within the aforementioned Legislation and Code of Practice on Employment. You shall indemnify Us against any claim brought by an individual arising from your breach of this obligation or any other of these Recruiter Terms.

 WHAT’S IN THESE TERMS?

These recruiter terms (the “Recruiter Terms”) set out the information applicable to recruiters (the “Recruiters”) who wish to use the Site.

 1. BY USING THE SITE YOU ACCEPT THESE TERMS

 1.1 By using the Site, you confirm that you accept these Recruiter Terms and that you agree to comply with them.

 1.2 If you do not agree to these Recruiter Terms, you must not use the Site.

 1.3 We recommend that you print a copy of these Recruiter Terms for future reference.

 2. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

 2.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:

 (a)  Our privacy policy (the “Privacy Policy”), which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

 (b) Our cookie policy (the “Cookie Policy”), which sets out information about the cookies on the Site; and

 (c) If you are a jobseeker (a “Jobseeker(s)”), Our Jobseeker terms and conditions (the “Jobseeker Terms”), which sets out information applicable to Jobseekers.

 3. WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS

 We amend these Recruiter Terms from time to time. Every time you wish to use the Site, please check these Recruiter Terms to ensure you understand the terms that apply at that time. Please view the “Effective from” date at the top of these terms to see when it was last revised.

  4. DEFINITIONS

4.1 In these Recruiter Terms the following words shall have the following meanings:

 (a)    “Contract” the contract between Us and the Customer for the provision of Services governed by these Recruiter Terms and the documents referred to in them.

 (b)   “Contract Month” means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March.

 (c)    “Contract Term” means the full term of the Contract commencing on the Start Date and specified in the Order Form.

(d)   “Customer” means any person, company, organisation or firm which purchases Services from Us.

 (e)   “Jobseeker Data” all data contained in the Candidate Database.

 (f)     “Candidate Database” means the database of Jobseekers which is accessible to Recruiter via the Site who enter into a Contract.

 (g)    “Order Confirmation” means an email from Us to you accepting your Order Form.

 (h)   “Order Form” means an order for Services on a form provided by Us (accessed by a Recruiter either online via the Site, by email or in person).

 (i)      “Services” means all recruitment services made available by Us from time to time; and

 (j)     “Start Date” means the date of commencement of the Services as specified in the Order Form.

 5. METHODS OF CONTRACTING

 5.1 The method of contracting with Us for the Supply of Services are as follows:

 (a)    Online via the Site. Please follow the onscreen prompts to place an order. You can submit an order using the online Order Form set out on the Site.

 6. BASES OF CONTRACT

 6.1 Contract. The contract between Us and you in respect of the Services (the “Contract”) shall comprise the Order Form and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply under any purchase order, confirmation of order or other document). In the event of a conflict in terms between the Order Form and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) Order Form, (ii) these Recruiter Terms.

 6.2 Correcting input errors. Our order process allows you to check and amend any errors before returning your Order Form to Us. Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form is complete and accurate.

 6.3 If We cannot accept your order. If We are unable to supply you with the Services for any reason, we will inform you of this by email and We will not process your order. If you have paid for the Services, we will refund you the full amount.

 7. OUR SERVICES

 7.1 Provision of Services. After the Contract is formed, we will provide you with the Services from the Start Date.

 7.2 Descriptions and illustrations. Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

 7.3 Compliance with specification. Subject to Our right to amend the specification (see clause 7.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.

 7.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

 7.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

 7.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

 8. YOUR OBLIGATIONS

 8.1 It is your responsibility to ensure that:

(a) the Order Form is complete and accurate.

 (b) you co-operate with Us in all matters relating to the Services.

 (c) you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and

 (d) you comply with all applicable laws.

 8.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 8.1 (“Your Default”):

 (a)    We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under 20 TERMINATION.

 (b)   We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and

 (c)    it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.

 9. CHARGES

 9.1 In consideration of Us providing the Services you must pay Our charges (the “Charges”) in accordance with this Charges section.

 9.2 The Charges are the prices quoted on the order form.

 9.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges.

 9.4 Where a Customer posts an advertisement on the Site which includes any reference to a brand of a client or a subsidiary of the Customer (which reference may include, without limitation, such client’s or subsidiary’s logo, http address, email address and telephone number) (the “Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by Us, the offending content will be removed.

 9.5 A job posted on the Site will remain live as agreed in the Order Form. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the Customer. A single job is identified by its unique ID number. If a Customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.

 9.6 If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without Our prior written consent. The Customer will be responsible for payment for any unused Services.

 10. HOW TO PAY AND CREDIT TERMS

 10.1 If Payment is due, Payment for the Services is by online purchase by credit card.

 10.2 We will send you an electronic invoice after the start date set out in the Order Form. The invoice will be sent to the email address you provide as your accounts payable contact or as otherwise agreed.

 10.3 If you fail to make a payment under the Contract by the due date, then, without limiting Our remedies under you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

 10.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 10.5 Credit is granted subject to Us obtaining suitable credit checks. Other than for Services purchased online where payment has been confirmed and where credit is granted, an e-invoice will be issued. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full within 30 days of invoice date. In the event of late payment, we may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately.

 10.6 In addition, interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 3 months from contract start date. TJG reserve the right to periodically review your credit terms.

 11. JOB ADVERTISING

 11.1 You will be notified by email when your job adverts have gone live on the Site.

 11.2 We have rules regarding the content and format of jobs posted on the Site. Their purpose is to ensure that users who search the Site get results which are presented as clearly and informatively as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any advertisement which is posted in breach of these rules:

 11.3 The Rules are as follows:

 (a)    No duplicating of jobs at the expense of other Recruiters jobs.

 (b)   No gratuitous use of keywords in job descriptions or job titles. “Gratuitous” means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing or increasing the number of page views.

 (c)    Job advertisements placed on the Site must be for genuine employment vacancies only. Customers are prohibited from placing advertisements for other products or services, either relating to or unrelated to recruitment including, but not limited to, traineeships, vacancies seeking ‘business owners’, affiliate schemes, franchise roles and opportunities, pyramid selling schemes or any other so called ‘business opportunity’.

 (d)   With the exception of certain self-employed roles for courier driver vacancies which have been expressly agreed in writing by Us in advance, Customers must not charge or accept at any time any fee or other payment from jobseekers, applicants or those who have been successfully offered a position by the Customer including, but not limited to, investment fees, franchise fees, joining fees, setting up fees, training fees, monthly fees, application fees, administrative fees and one-off set-up fees regardless of whether or not such fees or payments are refundable. Furthermore, Customers must not require or request jobseekers, applicants or those who have been successfully offered a position by the Customer to provide or purchase any material or merchandise as part of accepting or performing any role advertised.

 (e)   Contact telephone numbers, URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the ‘send an email’ link and URL linking is permitted from the ‘apply online’ link.

 (f)     Any advertising that uses the name or logo of the company being recruited for is subject to Our rates for such advertising as detailed above.

 (g)    Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by the Site on the basis that the Recruiter confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that an advertisement may be discriminatory, we may at Our discretion either amend the advertisement or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

 (h)   Job advertisement placed on the Site must be accessible and available for the jobseekers to review and apply. If we become aware that the job advert is no longer in existence or is not available for the jobseekers to access, we reserve the right to remove the job advert from our job board without any prior notification to you. This will include if the job advert is within the agreed term specified in your Order Form and it is no longer in existence, we will remove the job advert immediately.

 12. RESPONSES TO ADVERTISEMENTS

 12.1 You agree to deal fairly and professionally and in accordance with requirements set forth in the Employment Rights Act 1996, Equality Act 2010 and any other applicable laws with individuals who may respond to an advertisement you have posted. You will not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against the Site arising from your breach of this obligation or any other term of these Recruiter Terms.

 12.2 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.

 12.3 As part of Our commitment to getting customers the best possible response, we reserve the right to amend some of the job details that you supply in order to optimise your advertisement.

 13. THIRD PARTY SITES

 Vacancies you post on the Site may also appear on third party recruitment web sites pursuant to agreements from time to time between Us and the proprietors of such web sites.

 14. APPLICATION DATA

 14.1 When a Jobseeker submits a response to an advertisement, details of their application will be loaded to your account. Your account allows you to record notes against the application and track its progress (together with the details of their application, “Application Data”).

 14.2 You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Jobseekers, including where the Jobseeker to whom the Application Data relates decides to delete his profile.

 14.3 As a controller of Application Data, we will comply with Our responsibilities under the General Data Protection Regulation in respect of such notes, which may include disclosure of Application Data to the Jobseeker if the Jobseeker submits a request to access his data.

 14.4 For the purposes of the General Data Protection Regulation you are a joint controller of Application Data held on your account. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you because we are not able to assess them, for example where a Jobseeker asks for inaccurate data to be corrected.

 15. DELETION OF JOBSEEKER DATA

 On average the search for a suitable Jobseeker is concluded within three months. Therefore, you agree to collect consent for keeping the Jobseeker Data directly from the Jobseeker or otherwise delete this Data after a period of three months. This does not apply in case you have other legal ground to keep the Jobseeker Data.

 16. DEALINGS WITH JOBSEEKERS

 You agree to deal fairly and professionally with Jobseekers you may contact using information from the Candidate Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.

 17. TERMINATION

 17.1 Without limiting any of Our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

 (a)    you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so.

 (b)   you fail to pay any amount due under the Contract on the due date for payment.

 (c)    you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

 (d)   you suspend, threaten to suspend, cease, or threaten to cease to carry on all or a substantial part of your business; or

 (e)   your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

 (f)     Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.

 (g)    Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

 18. ASSIGNMENT

 We may assign or subcontract any or all of our rights and obligations under this Agreement to a member of our Group of Companies. If we exercise our right to subcontract any or all of our obligations under this Agreement to a member of our Group, we will immediately resume the performance of such obligations on such company ceasing to exist.

 19. EVENTS OUTSIDE OUR CONTROL

 19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).

 19.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:

 (a)    We will contact you as soon as reasonably possible to notify you; and

 (b)   Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

 19.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel, we will refund the price you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

 20. LICENSES TO USE CUSTOMER’S NAME TRADEMARKS AND LOGOS

 The Customer grants to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Customer’s name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Customer.

 21 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

 21.1 Nothing in the Contract limits or excludes Our liability for:

 (a)    death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;

(b)   fraud or fraudulent misrepresentation; or

(c)    breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

 21.2 Subject to clause 21.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 (a)    loss of profits.
(b)   loss of sales or business.
(c)    loss of agreements or contracts.
(d)   loss of anticipated savings.
(e)   loss of use or corruption of software, data or information.
(f)     loss of or damage to goodwill; and
(g)    any indirect or consequential loss.

21.3 Subject to clause 21.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited of the total Charges paid under the Contract.

 21.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

 21.5 Nothing in these Recruiter Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.

 21.6 This clause 21 will survive termination of the Contract.

 22. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

 These Recruiter Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 Please also see our privacy policy and GDPR FAQs for more information.

 

L & D MASTERMIND – WEBSITE AND APP TERMS & CONDITIONS

 Introduction & Scope

 By accessing the website at ldmastermind.com and/or using any of our Services, you are agreeing to be bound by these Terms, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of L&D Mastermind’s stated Services, in accordance with and subject to prevailing applicable laws for our sale of goods.

 Henceforth, by accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy (on behalf of yourself or the entity that you represent), in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services. Please, ensure that you read them thoroughly, because, by using L&D Mastermind you consent to these Terms.

 Definitions

 The following terms shall have the following meaning:

 “Us”, “Ours”, “L&D Mastermind”: The Learning and Development Mastermind Ltd., the company behind the L&D Mastermind brand.

 “You”, “the User”: person or customer using L&D Mastermind provided services and/or having an account allowing access to our Services.

 “Application”, “App”: mobile application made available to the public for download from a third-party platform.

 “Author”: any person drafting or publishing on the Internet, more specifically on the Application.

 “End User”: person who uses one or more Applications created using the Services.

 “Website”: Internet website enabling the publishing of content and the drafting of commentaries by End Users.

 “User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.

 “Order”: online subscription of our Service(s).

 “Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.

 “User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials.

 “Privacy Policy”: means our Privacy Policy.

 Account Terms

 You must be 18 years or older to use this Service.

 You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

 You must provide your legal full name, telephone number, a valid email address, and any other information requested to complete the signup process.

 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 If you find any link on our Services that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

 Account Suspension & Termination

 L&D Mastermind encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.

 Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/ termination, at our sole and final discretion, without notice and without responsibility.

You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section which can be accessed through the dropdown at the side of your username. We may terminate or suspend your L&D Mastermind account if you go contrary to any policies or for any other reason(s), which we will notify you about.

Payment Terms

 We rely on authorized third-party payment processors in order to bill Orders through a payment account linked to you, and henceforth you hereby authorise us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers.

 Such third-party payment processors are also the ones that process, manage, operate and deliver the payments of your end customers, not L&D Mastermind. For more information, please refer to the terms of use of our third-party payment processing platform, which may include Stripe or PayPal.

 Accordingly, L&D Mastermind shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.

 Disputes & Chargebacks

 In the future, users may provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

 A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

 When a chargeback is issued, you are immediately liable to L&D Mastermind for the full amount of payment of the chargeback, plus any associated fees, fines, expenses, or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Boss Media Ltd. as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

 If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus, you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.

 Refunds: While you may cancel your subscription at any time. Find out more details about the refund policy and how it applies to each product we sell. Read more about our Refund Policy.

 Application Approval: L&D Mastermind will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, we do not and cannot guarantee approval.

 Subscription Billing Start Date: Your initial subscription billing will start on the date you receive access to the purchased product. This is normally on the same day you make your purchase, or in the case of a pre-launch, it is the day the product is released, and you receive access to it. Your card will then be charged on the same day of every month or year that follows, depending on the plan you chose, until you cancel your account.

 Automatic Subscription Renewal: To ensure uninterrupted service, L&D Mastermind will automatically bill you for your subscription on each renewal period thereafter until cancellation.

 Up to Date, Payment Details: To avoid any interruption in the service, the User shall maintain up to date credit card details in their account

 Billing Questions: For any billing related questions, please contact L&D Mastermind via support@ldmastermind.com.

 Cancellation, Termination and Service Suspension

 Cancellation: You may cancel your subscription at any time by sending an email to cancellations@ldmastermind.com from the same email used in your L&D Mastermind account. Your request will be processed, and subscription will be cancelled within generally up to 7 days.

 Termination & Suspension: Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle L&D Mastermind to immediately suspend your account, including service to your application and provision of services to you, including paid services.

 Service Reactivation: One cancelled, your subscription cannot be re-activated. You will need to make a new purchase if you would like to launch a mobile application.

 Changes to our Services and Pricing

 L&D Mastermind reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice.

 Any changes will be displayed in the Service, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

 Prices of al Services, including but not limited to monthly subscription plan fees to provided Services, are subject to change upon a 30 days’ notice from us. Such notice may be provided at any time by posting the changes to our website (ldmastermind.com).

 L&D Mastermind shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of a Service.

 The L&D Mastermind App uses Google’s Firebase service to send push notifications. This service is provided by Google for free. While we believe this is unlikely, if Google were to turn this into a paid service, we may need to find alternatives or provide a paid solution, which may involve additional costs to you.

 The Learning and Development Mastermind Ltd. Guarantee

L&D Mastermind shall make all commercially reasonable efforts to ensure that any interface or integration from a third-party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as Amazon Web Services and other infrastructure and cloud computing providers.

Accordingly, you agree that: (a) L&D Mastermind cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (b) L&D Mastermind shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third-party website or service made available via the Services.

 If an issue arises regarding the effective operation of an interface or integration to a third-party provider or system, L&D Mastermind will use its commercially reasonable efforts to resolve the issue.

 Copyright & Ownership

 You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of L&D Mastermind. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.

 When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your username or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.

 Copyright Takedown Notices

 For information about how to submit a request for takedown if you believe content on L&D Mastermind infringes your intellectual property rights, please contact us.

 L&D Mastermind takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.

 The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: “Takedown Request”. Once received, L&D Mastermind will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, L&D Mastermind may delete it, disable, or otherwise stop displaying it.

 Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorised to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

 Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice.

 Limitation of Liability

 IN NO EVENT SHALL L&D MASTERMIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY OR MALFUNCTION OF L&D MASTERMIND. OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, BUSINESS GLITCH, DEFAMATION, OR LOSS OF DATA (NOTWITHSTANDING THAT WE MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 YOU SPECIFICALLY ACKNOWLEDGE THAT L&D MASTERMIND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 Disclaimer of Warranty

 To the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. L&D Mastermind and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non- infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

L&D Mastermind expressly disclaims any representation or warranty that L&D Mastermind complies with all applicable laws and regulations applicable to its jurisdiction. Henceforth you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of L&D Mastermind.

 Limitation of Damages

 To the maximum extent permitted by law, User agrees to limit L&D Mastermind’ liability for the User’s damages against us will be limited in respect of any one incident, or series of connected incidents, to the sum of the amount that the User has paid to L&D Mastermind during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

 These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not al ow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 Indemnity

 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS L&D MASTERMIND, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; (V) ANY THIRD PARTY CLAIM ARISING OUT OF OR IN RELATION TO L&D MASTERMIND OR OUR SERVICES OR USE THEREOF IN COMBINATION WITH ANOTHER PLATFORM, INCLUDING WITHOUT LIMITATION, ANY CLAIM L&D MASTERMIND OR THE SERVICES VIOLATE, INFRINGE, OR MISAPPROPRIATE ANY PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY PRIVACY RIGHT OF ANY PERSON.

 THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.

 WE WILL IMMEDIATELY NOTIFY YOU OF ANY SUCH CLAIM AND WILL PROVIDE YOU (AT YOUR OWN EXPENSE) WITH ASSISTANCE IN DEFENDING THE CLAIM. UNLESS OUR PRIOR WRITTEN CONSENT IS FIRST OBTAINED, YOU WILL NOT SETTLE ANY CLAIM THE DEFENSE OF WHICH WE NEED TO PARTICIPATE IN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT CIRCUMSTANCE, YOU WILL BE UNDER NO OBLIGATION TO DEFEND US IN THAT MATTER.

 Disclaimer of Warranties

 L&D MASTERMIND, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT L&D MASTERMIND PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. L&D MASTERMIND DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.

 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE EXCLUDE ANY WARRANTIES TO ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE, OR THE LIKE.

 YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. L&D MASTERMIND DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES L&D MASTERMIND GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

 L&D MASTERMIND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BUDDYBOSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND L&D MASTERMIND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 General Provisions

 Entire Agreement: If you are using the Service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by L&D Mastermind on the Service, constitute the entire agreement between you and L&D Mastermind and governs your use of the Service, superseding any prior agreements between you and L&D Mastermind.

 Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

 Amendment: L&D Mastermind reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

 No waiver: L&D Mastermind’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 No Third-Party Beneficiary Rights: Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 NO CLASS ACTIONS: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

 Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing support@ldmastermind.com. If we cannot resolve the dispute informally via email, phone, or other methods, within sixty (60) days of receipt of your first email, you or L&D Mastermind may then bring a formal proceeding.

 Taxes: You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details for us to remit invoices, especially payment processing account details.

 No Relationship: You and L&D Mastermind are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

 Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, L&D Mastermind will be irreparably damaged, and therefore you agree that L&D Mastermind shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

 Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting these Terms.

 Force Majeure: L&D Mastermind is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond L&D Mastermind’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

 Assignment: These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of L&D Mastermind’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 User Representations and Warranties: You hereby represent, warrant and covenant that: (i) your use of our Services, and al your uploaded and personal data shall be at all times compliant with these Terms and al local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to L&D Mastermind and its affiliates, licensors and agents; and to grant the rights granted to L&D Mastermind in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorised.

 Privacy: By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage, and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. Using L&D Mastermind means that you accept our Policy, regardless of whether you are a registered user or not.

 Governing Language

 From time to time, these Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

 Contact Us

 If you have any questions about these Terms, please contact us at Support@ldmastermind.com

 Note that communications made by email or the “Contact Us” page does not constitute legal notice to the L&D Mastermind entity.

 PRIVACY POLICY

 Welcome, this is the Privacy Policy (the “Policy”) applicable for our Services, websites, and platforms, encompassing their sub-domains and its mobile optimised versions.

L&D Mastermind (“us”, “we”, or “our”) operates the ldmastermind.com website (the “Service”). A visitor or end user of our Services shall be referred to as “you”, “your(s)” or “yourself”.

 This page informs you of our policies regarding the collection, use, and disclosure of Personal Data when you use our Service and the choices you have associated with that data.

This Policy also applies to Personal Data collected through the mobile version of our websites, independently of the mobile operative system, mobile device or browser you use to access it.

 Capitalised terms that are not defined in this Policy have the meaning given to them in our Terms, along with any and all of our rules, guidelines and ancillary policies (if any), all included herein by reference.

 Definitions

 The following defined terms will be used in this Policy, whether they are used in the singular or plural form. Any capitalised terms not defined in this Policy shall have the meanings set forth in our Terms, guidelines, terms, or rules referenced therein, as applicable.

       ·         Service. Service is the ldmastermind.com website operated by L&D Mastermind.

·         Personal Data. Personal Data, as described in various privacy laws and information security standards, means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession), either on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

·         Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

·         Cookies. Cookies are small pieces of data stored on your device (computer or mobile device).

·         Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Control er of your Personal Data.

·         Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

·         Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.

·         Terms. Shall mean our Terms and Conditions of Service, accessible from ldmastermind.com.  

 Lastly, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to Personal Data and other information collected from our visitors and end users.

 User Agreement & Registration

 As a user of our Services, you will be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration form, pop-up box or other analogous means. Through that action, you thereby acknowledge and agree to the terms of this Policy, which is and constitutes a legal, binding agreement between you and L&D Mastermind.

Overall, this Policy is freely available for your review prior to registration, and if you do not agree to its terms, your remedy shall consist of not registering an account, and exiting the web tab through which you visited our Site.

For purposes of this Policy, our websites shall be the initial point of contact between you and L&D Mastermind and will serve as the point of collection of any personal data you may provide us. Accordingly, by registering with us and/or otherwise using our products and services, you consent to the collection, transfer, processing, storage, and disclosure of your Personal Data as described in this Policy.

 Information Collection and Use

 We collect several different types of information for various purposes to provide and improve our Service to you.

 Types of Data Collected

 Personal Data

While using our Service, we may ask you to provide us with certain personal y identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

·         Email address

·         First name and last name Phone number

·         Address, State, Province, ZIP/Postal code, City Cookies and Usage Data

 We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

We may collect the information and content that you post, upload, use, exploit, sell, subscribe to, or otherwise exploit when using L&D Mastermind, including any user generated content. Your content, date and time stamps, and all associated comments are publicly viewable on L&D Mastermind. This also may be indexed by search engines and be republished elsewhere on the Internet in accordance with our Terms.

We may also collect information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.

 Usage Data

 We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We may also collect single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs; which are smaller than cookies and tell our server information such as the IP address and browser type related to the visitor’s device.

 We may also collect “log files”, “server logs”, “clickstream” data and “Internet Tags”; which are used for system management, to improve the content of our websites, market research purposes, and to communicate information to visitors.

 Personal Data Collected via Service Providers

 We may allow our users to use third party Service Providers integrations such as WordPress, Facebook, Google and others (if available). Our platform might also provide an option of using your social media credentials and, thus, by such action, we will collect your Personal Data as given by such third-party platforms, but never more than the Personal Data these platforms disclose.

 Collected Personal Data from such third parties will include, but will not be limited to, friend lists, email, image gallery, likes and other information. If you close your social media account, or if you deauthorise our access, your access to our websites may be suspended. For more information, please read the terms and policies of such third-party platforms. Please take into account that such third-party social media platforms may disclose and share your personal information according to their own rules, guidelines and policies.

For our users who are creators of content that is sold to end customers, the social media integrations may allow you to access, treat and use Personal Data according to their own terms, conditions, guidelines, policies and advertising rules. For more information, you ought to be familiar with such documents, which are not enforced by L&D Mastermind. Any changes in such functionalities will be the sole and final responsibility of the social media network.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at www.allaboutcookies.org and at www.youronlinechoices.com.

By agreeing to accept our use of cookies, you are giving us, and the third parties we partner with, permission to place, store, and access some or all the cookies described below on your device.

 Examples of Cookies we use:

 ·         Session Cookies. We use Session Cookies to operate our Service.

·         Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

·         Security Cookies. We use Security Cookies for security purposes.

·         Necessary Cookies. These cookies are necessary for proper functioning of our Services, such as displaying content, logging in, validating your session, responding to your request for services, and other functions.

·         Functional Cookies. These cookies enable the Site to remember a user’s choices – such as their language, username, and other personal choices – while using our Services. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the Site.

·         Efficiency Cookies. These cookies collect information about how you use L&D Mastermind (e.g., which pages you visit, and if you experience any errors). This helps us to improve the way our Services work, understand the interests of our users, and measure the effectiveness of our advertising. Some of our efficiency cookies are managed for us by third parties, and these cookies do not collect information that could identify you.

·         Demographics and Interests Reporting Cookies. These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes, they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.

·         Persistent Cookies. These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a website (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.

 We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.

 When you access our platform via a mobile device, we may use your mobile device ID (i.e., the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS) instead of cookies in order to recognise you and track displayed web pages, along with their performance. For the latest versions of Apple iOS, your device would request you one or more times for your express consent for advertising tracking.

 Use of Data

 L&D Mastermind uses the collected data for various purposes:

 ·         To provide and maintain our Service

·         To notify you about changes to our Service

·         To al ow you to participate in interactive features of our Service when you choose to do so

·         To provide customer support

·         To gather analysis or valuable information so that we can improve our Service To monitor the usage of our Service

·         To detect, prevent and address technical issues

·         To provide you with news, special offers and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

 If you are from the European Economic Area (EEA), L&D Mastermind legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

 L&D Mastermind may process your Personal Data because:

 ·         We need to perform a contract with you

·         You have given us permission to do so

·         The processing is in our legitimate interests and it’s not overridden by your rights

·         For payment processing purposes

·         To comply with the law

 Retention of Data

 L&D Mastermind will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 L&D Mastermind will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 Transfer of Data

 Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 L&D Mastermind will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

 Disclosure of Data

 Business Transaction

If L&D Mastermind is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

 Disclosure to Affiliates and Partners

We will need to share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity.

 Public Domain

In addition, any of your submitted user generated content may be indexed by search engines. In some cases, we may charge for access to your content and public information on our platform.

 Vital Interests

We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities,  or as evidence in litigation in which we are involved.

 Disclosure for Law Enforcement

Under certain circumstances, L&D Mastermind may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 Legal Requirements

L&D Mastermind may disclose your Personal Data in the good faith belief that such action is necessary to:

 ·         To comply with a legal obligation

·         To protect and defend the rights or property of L&D Mastermind

·         To prevent or investigate possible wrongdoing in connection with the Service

·         To protect the personal safety of users of the Service or the public

·         To protect against legal liability

 Security of Data

 The security of your Personal Data is important to us, please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards. The importance of security for all personal information associated with our subscribers is of utmost concern to us. Your personal information is protected in several ways. We protect inputted information by undertaking the reasonable technical and administrative security measures (e.g., firewalls, data encryption, physical & administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.

 Please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

 “Do Not Track” Signals

 Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalised, and therefore, we do not support Do Not Track (“DNT”).

 You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

 Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network web page.

 Users can set preferences for how Google advertises to you using the Google Ad Settings web page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add-on.

 Commercial Message Communications

 Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services, and invitations to participate in surveys.

 We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.

 Generally, you have the right to object to the processing of your personal data if grounds for this objection is to direct marketing.

 You have the right to opt out of receiving promotional communications at any time by: (i) contacting us; (ii) when we may ask you to confirm or update your marketing preferences if you instruct us to provide further the features and functionality of websites in the future; (iii) if there are changes in the law, regulation, or the structure of our business.

 Advertising Policy

 We, along with third-party vendors such as Google and Facebook, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.

 From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.

The served ads will be targeted based on your previous browsing history and may include retargeting codes. For example, third-party vendors may show you L&D Mastermind’s ads on certain websites across the Internet, even after you leave our platform. The collected information is anonymised, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimise, and serve ads based on a user’s past visits, providing you with a better user experience.

We also may report aggregated or de-identified information about the number of users that saw a particular ad or content and related audience engagement information to users of our Services and to publishers of content on L&D Mastermind.

Advertisers who are integrated with our Services may, likewise, provide us with information as part of their ad campaigns, including customer information (e.g., email addresses, phone numbers, or other contact information, demographic or interest data) in order to create custom audiences for personalizing their ad campaigns or for measuring the effectiveness of their ads; we only use this information to facilitate the particular advertiser’s campaign (including ad metrics and reporting to that advertiser), and we do not disclose this information to third parties (other than our service providers) unless required by law. Also, we do not disclose to the advertisers who use our Services the names or contact information of their customers.

Google’s advertising requirements can be summed up by Google’s Advertising Principles. Google, as a third-party vendor, uses cookies to serve ads on our Site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our Site, third party vendor’s websites and other websites on the Internet.

 Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device.

 You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.

 Your Data Protection Rights Under General Data Protection Regulation (GDPR)

 If you are a resident of the European Economic Area (EEA), you have certain data protection rights. For the purposes of the GDPR, in the European Union, L&D Mastermind Ltd. is a Data Controller of the Personal Data you provide to us for the primary purposes of providing you with our Services. Boss Media Ltd. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

For our European Union customers and users, by clicking the “I Accept” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocal y consent to the collection, process, management, treatment, transfer and authorized of your Data Control er by L&D Mastermind Ltd., its affiliates and authorized third parties.

 If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. You retain the right to access, amend, correct, or delete your Personal Data where it is inaccurate at any time. To do so, please contact us as indicated on our contact section. We reserve the right to charge a reasonable fee in some cases, as permitted by applicable laws and regulations, in order to comply with complex requests or repetitive requests from individual users.

The section below covers the certain situations that you, as data subject, and we as a data control er, are most likely to see, but you should also careful y review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/.

If you are resident in Switzerland, the contact details for the data protection authorities are available here: https:// www.edoeb.admin.ch/edoeb/en/home.html.

In certain circumstances, you have the following data protection rights: 

·         The right to be forgotten. You can request us to be “forgotten”; that is, to have your entire Personal Data removed from our service. If we are asked to do this, in accordance with Article 17 GDPR we will remove any Personal Data that we have collected from you as requester. We will also need to contact any third parties that process your Personal Data on our behalf, such as our cloud service providers. To ensure that any personal data in L&D Mastermind’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request.

·         The right to access, update or to delete the information we have on you. As a data subject, in accordance with Article 15 GDPR you can ask L&D Mastermind to confirm how and where your Personal Data is being stored and processed. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. You also have the right to know how such that data is shared with third parties by us.

·         The right of rectification. in accordance with Article 16 GDPR you have the right to obtain from L&D Mastermind without undue delay, the rectification of inaccurate Personal Data concerning you if that information is inaccurate or incomplete.

·         The right to object. You have the right to object to our processing of your Personal Data.

·         The right of restriction. You have the right to request that we restrict the processing of your personal information.

·         The right to data portability. Under the GDPR, in accordance with Article 20 GDPR our users located in the EU may request L&D Mastermind to send them any Personal Data in our possession. In this case, we will provide you with any Personal Data that you have in a commonly used, structured and machine-readable format.

·         The right to withdraw consent. In accordance with Article 7 (3) GDPR, you have the right to withdraw your consent given to us at any time where L&D Mastermind relied on your consent to process your personal information.

·         The right to be informed. You have the right to be informed about the Personal Data we collect from you, and how we process it.

·         The right to object. In accordance with Article 18 GDPR you have the right to object to us processing your Personal Data for the following reasons:

o   Processing was not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);

o   Direct marketing (including profiling);

o   Processing for purposes of scientific/historical research and statistics; and

o   Rights in relation to automated decision-making and profiling, which produces legal effects concerning you or similarly significantly affects you.

·         The right to complain. You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the GDPR. In accordance with Article 77 GDPR, if the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

 Please note that we may ask you to verify your identity before responding to such requests.

 You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

 Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the Personal Data with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

 Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your Personal Data from our Services for the maximum term allowed by the GDPR on each applicable case. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.

 Analytics

 We may use third-party Service Providers to monitor and analyse the use of our Service.

 Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

 Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g., payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 The payment processors we work with are:

 Stripe. Their Privacy Policy can be viewed at https://stripe.com/us/privacy

  Links to Other Sites

 Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

 We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 Children’s Privacy

 Our Service does not address anyone under the age of 18 (“Children”). If you are under such age, you may only access L&D Mastermind and our Services under the direct, express, and unequivocal supervision of your parent or legal guardian.

We do not knowingly collect personally identifiable information from anyone under the age of thirteen (13). If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.

 Changes to This Privacy Policy

 We may update, change, suspend and/modify or our Services, this Policy and/or our Terms, in whole or in part from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Your use after any changes indicates your acceptance thereof and we will post a notice regarding such changes on our Site and may also write an email to you or otherwise notify you.

 If a situation warrants that we change our privacy policies and procedures, we will post those changes on this page, so you should review this page periodically. If we make any changes to this Policy that materially change how we treat your personal information, we will endeavor to provide you with prompt notice of such changes, such as through prominent notice in our websites or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt-out of such, and update the “effective date” at the top of this Privacy Policy.

 You are advised to review this Privacy Policy periodical y for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 Governing Language

 From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of the Site and our products and services.

Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.