Terms of Use

The Master Labs Licensing Agreement

Important notice: Please read carefully before buying training Courses or accessing any content from this website.

When you visit, view, use, or access our website themasterchannel.com, and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, interactive features, or other online services provided by The Master Labs (collectively, the “Site”), whether as a guest or a registered user, you’re agreeing to the following terms and conditions, so please take a few minutes to read over the Terms of Use below.

1. These terms

1.1. What these terms cover

These are the terms and conditions on which we supply digital content/courses (“Courses”) to you.

1.2. Course content

Please see the description of the Course on our website for details of the content of the available Courses.

1.3. Why you should read these terms

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.4. Purchasing and agreement to terms

By clicking on the purchase button on the website you agree to these terms and conditions which will bind you and (if you are an employer) your employees. If you do not agree to these terms we will not license the Course and you must discontinue the licensing process.

1.5. Are you a business customer or a consumer?

In some areas, you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:

  • You are an individual.

  • You are taking a license of Courses from us wholly or mainly for your personal use (not for use in connection with your trade, business or profession).

Provisions specific to consumers only are identified as such in these terms.

1.6. If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your licence of Courses. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

2. Definitions

2.1. In these terms, the following definitions apply:

  • Content: All content including training materials and any text, information, data, images, audio or video material in any medium form or provided by us to you.

  • Digital Rights Management (DRM): The security and other measures for digital rights management which we may use from time to time.

  • Reserved Rights: All rights in and relating to the Content that are not expressly granted to you including any other rights (whether known now or created later and whether or not in the contemplation of the parties at the time of your order).

3. Information about us and how to contact us

3.1. Who we are

We are The Master Labs BV, a company registered in Belgium. Our company registration number and VAT-number is BE 0826 689 923 and our registered office is at Zonnedauw 4, 2540 Hove, Belgium.

3.2. How to contact us

You can contact us by writing to us at hello@themasterchannel.com or the above address.

3.3. How we may contact you

If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.

3.4. “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

4. Our contract with you

4.1. (a) Courses can be booked using the booking form available on our website. You need to be registered with us before you can do this as you will be required to log in or create an account to complete the form.

4.1. (b) When you submit a booking for an online Course, your submission represents an offer to us to book you on to the Course you select. On submission of the Course form, you will receive an automated summary email of your selection.

4.2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

4.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the Course.

4.4. On acceptance of your Order we will grant you a non-transferable, non-exclusive license to use the Site and the purchased Content accessed through the site for educational and personal training purposes for 1 year.

4.5. The license granted to you is strictly limited to and you shall use the Content solely for the purposes of personal training.

4.6. You may incur charges to your internet service provider while you are accessing the Course or training materials. Charges may also be payable to third parties for use of any software necessary to access the Course and/or training materials. You are responsible for paying these charges.

4.7. You will not grant sub-licenses, in whole or in part, of any of the Content or of any of the rights granted to you.

4.8. We expressly retain the Reserved Rights.

4.9. Once your licence has been granted you may use the training materials for the purposes of completing the associated Course online only on your own work or personal devices if the licence is a single user licence.

4.10. Except as expressly set out in this license, you undertake (and you undertake to procure that your employees or any other delegate undertaking a Course on your behalf or on your account so undertakes):

4.11. not to copy the Content except where such copying is incidental or necessary for the purposes of completing the relevant Course;

4.12. not to rent, lease, sub-license, loan, translate, adapt, vary or modify the Content materials;

4.13. not to alter or modify the whole or any part of the training materials nor permit the Content or any part of them to be combined with or become incorporated into any other materials;

4.14. To include our copyright notice on all entire and partial copies you may make of the Content on any medium;

4.15. Not to provide or otherwise make available the Content or the Course in whole or in part in any form to any other person.

4.16. We can accept your offer by entering your booking into our system and sending you an email confirming that you have been booked together with information on accessing the Course and Content.

5. Your obligations

5.1. You may not change, amend or develop the Content in any way.

5.2. If you become aware of any misuse of any Content or any security breach that could compromise the security or integrity of the Content or otherwise adversely affect us, you will notify us immediately. We may suspend your rights to use the Content until the misuse or security breach is remedied.

6. DRM

6.1. We reserve the right to implement Digital Rights Management and any other technological protection measures which we consider appropriate from time to time, to ensure that the Content is used within the scope of the rights granted to you. You undertake not to remove, bypass, circumvent, neutralize or modify any of the DRM and technological protection measures used for the Content.

7. Your rights to make changes

7.1. If you wish to make a change to the Course(s) you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Course(s), the Course availability or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8. Our rights to make changes

8.1. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of the course.

9. Providing the course

9.1. When we will provide the Courses. During the order process, we will let you know when we will provide the Courses to you.If the Course is a one-off license of digital content. We will make the digital content available for viewing and by you as soon as we accept your order unless the order is subject to “preorder” status and is currently being developed. In this instance, you will receive an email notifying you once the course has been released.If the Course receives an update. All courses come with free lifetime updates, to which you will be notified via email and automatically receive them in your account. We have the right to develop similar courses. for instance, but not limited to, a course about a new version of a modeling language.

9.2. We are not responsible for delays outside our reasonable control. If our supply of the Course(s) is delayed by an event outside our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Courses you have paid for but not received.

9.3. Reasons we may suspend access to Courses by you. We may have to suspend the access to a Course to/when:

  • deal with technical problems or make minor technical changes; or

  • make changes to the Course as notified by us to you.

  • you have had access for one year counting from the moment of purchase

9.4. Your rights if we suspend the supply of Courses. We will contact you in advance to tell you we will be suspending the supply of the Course unless the problem is urgent or an emergency. If we have to suspend your access to a Course for longer than [14 days] we will adjust the price so that you do not pay for Courses while your access is suspended. You may contact us to end the contract for a Course if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [14 days] and we will refund any sums you have paid in advance for any Course you have not taken in respect of the period after you end the contract.

9.5. We may also suspend access to the Courses if you do not pay. If you do not pay us for the Courses when you are supposed to, we may suspend access to the Courses until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your access to the Courses. We will not suspend access where you dispute the unpaid invoice. We will not charge you for the Courses during the period for which they are suspended. As well as suspending your access to the Courses, we can also charge you interest on your overdue payments.

9.6. We guarantee that the Course will be functional on the following hardware/software. In order to view the Courses that we provide, you need a computer that is able to run any modern browser.

10. Your rights to end the contract

10.1. Under the EU Directive on certain aspects of the sale of consumer goods and associated guarantees (1999/77/EC) and the EU Directive on consumer rights (2011/83/EU), if you are a consumer, you have the right to cancel your purchase of the Course within a period of 14 calendar days (“Cancellation Period”) from the date on which our contract was made. However, the cancellation request is not valid if you have started streaming the Course.

10.2. You must inform us of your decision to cancel by emailing us at hello@themasterchannel.com within the Cancellation Period.

10.3. If you cancel the Course, you must permanently delete any Content you may have downloaded from us without undue delay and not later than 14 calendar days after you inform us of the cancellation.

10.4. We reserve the right to withhold payment of all or part of your fee refund until we are satisfied that all Content has been permanently deleted by you.

10.5. On cancellation subject to 10.7 and 10.8, you will be entitled to a full refund of the fees paid for the Course.

10.6. Refunds will be made using the same method of payment as you used for the original order and will be paid within 14 days of informing us of the cancellation. The period for refund will increase to 30 days if we are unable to credit a BE bank account. If the fees have been paid by your employer the refund of fees will be credited to your employer’s bank account within 14 days of cancellation (provided a BE bank account can be credited). For monetary returns, a request in writing to us is required to us from your employer.

10.7. If the contract for the supply of digital content including a Course and Content, your right to cancel and obtain any refund will be lost if you have given us express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.

10.8. For further details of your rights local authorities.

10.9. We reserve the right to use our discretion to determine whether to accept cancellations or make refunds in exceptional circumstances which fall outside the scope of this clause and to charge an additional fee in any such event to cover the administration costs incurred by us. Any such additional fees will be communicated to you before you make your decision.

10.10. Where you have ordered Courses and you cancel one or more of those Courses, each Course which you cancel will be treated separately and the relevant cancellation terms will apply to each such cancellation.

10.11. Except as set out in this clause, no cancellations will be permitted for a Course.

11. Our rights to end the contract

11.1. We may end the contract if you break it. We may end the contract for a Course at any time by writing to you if you do not make any payment to us when it is due.

11.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Courses we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12. If there is a problem with the course

How to tell us about problems. If you have any questions or complaints about a Course, please contact us at hello@themasterchannel.com.

13. Your rights in respect of defective courses if you are a consumer

13.1. If you are a consumer we are under a legal duty to supply Courses that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Courses. Nothing in these terms will affect your legal rights.

Summary of your key legal rights as a consumer.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the EU law and publications website https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083.

The Directive 2011/83/EU says before concluding a contract trader must provide to consumers, in clear, understandable language, information, such as:

  • their identity and contact details

  • the product’s main characteristics, and

  • the conditions that apply, including payment terms, delivery time, performance and duration of the contract and termination conditions

14. Price and payment

14.1. Where to find the price for the Course. The price of each Course (which can be subject to VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Course advised to you is correct. However, we reserve the right to correct the price for a Course by notifying you.

14.2. When you must pay and how you must pay. We accept payment with Mastercard, Visa, American Express, PayPal, Bancontact.

14.3. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.4. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of Belgium from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.5. What to do if you think an invoice is wrong. If you think a payment is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly charged sums from the original due date.

15. Updates

When you license a Course, we will make it available for streaming updates to the Course Content from time to time.

16. No warranty; limitations on liability

16.1. No Warranty.

The site is provided on an “as is” and “as available” basis, without warranty of any kind, whether expressed or implied. Neither The Master Labs nor any person or entity associated with The Master Labs makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. Without limiting the foregoing, neither The Master Labs nor any person or entity associated with The Master Labs promises represents or warrants that the site or content obtained through the site or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes them available are free of viruses or other harmful components, or that the site or its content or materials will otherwise meet your needs or expectations. The Master Labs hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

16.2. Limitation on Liability.

In no event will The Master Labs, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable to you, any of your affiliates or business users, or any third party with respect to the site or the subject matter of these terms of use under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for: (i) any amount in the aggregate in excess of the greater of the amount you have paid to The Master Labs for the site in the three (3) months immediately prior to liability arising; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill; (iii) data loss or cost of procurement of substitute goods or services; (iv) for any matter beyond our reasonable control; or (v) for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on behalf of The Master Labs or via the site.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law

17. Data protection and our use of your personal information

17.1. We will process the information we receive from you or otherwise hold about you in accordance with these terms and our privacy policy. You consent to our use of such information in accordance with these terms and our privacy policy. For full details, we refer to our Privacy Policy.

18. IP Rights

18.1. You acknowledge that all intellectual property rights in the Course and the Content anywhere in the world belong to us, that rights in the Course and the Content are licensed (and not sold) to you and that you have no rights in or to the Content or Course other than the right to use them in accordance with the terms of this license.

18.2. None of our Content may be copied, reproduced, uploaded, posted, displayed or linked to in any way or in whole or in part without our prior permission and you must not allow anyone else to access our website via your login details. Any such use is strictly prohibited and would constitute an infringement of our intellectual property rights.

18.3. If you take out a single user license for a Course and Content but allow or permit any part of them to be accessed or used by other users, this will be an infringement of our and our licensors’ intellectual property rights. We are able to track and monitor access to the Course and Content to establish if multiple users are using a single license (and you hereby authorize us to use such technology). If such multiple uses are established, we will notify you and your access to the Course and Content will be suspended permanently and you will not be permitted to license other Courses, without any liability on our part. We and our licensors also reserve the right to pursue all available remedies against you for intellectual property rights infringement.

19. Other important terms

19.1. Defects. We do not warrant that the provision of any Course or Content will always be available or be uninterrupted, timely or error-free, that defects will be corrected or that such Content is secure or free from bugs, viruses, errors or omissions. We do not make any commitment that the Site, Course or Content will be compatible with or operate with your software or hardware.

19.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.4. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.7. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Belgian law and you can bring legal proceedings in respect of the Courses in the Belgian courts.

19.8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium and the courts of Belgium shall have exclusive jurisdiction to settle any such dispute or claim.