Terms of Service
Effective from May 2020:
Welcome to Clustered, glad to have you with us.
Where you see throughout our platforms a reference to ‘us’ or ‘we’ and ‘our’ we refer to Clustered who operates and offers these platforms including their services to members, users, mentees, mentors and clients based on your acceptance, without limitation of these Terms of Services (ToS) as outlined here.
You do need to ensure you have read our ToS and agree to be bound by them once you access or use our platforms. If you do not agree, then please do not use our platforms and services. Our services are intended solely for persons who are 18 or older. Any access to or use of our platforms or services by anyone under 18 is expressly prohibited.
Once you access the content of our platforms, it is understood that you have accepted the ToS as outlined here and that you are over the age of 18 to form legally binding contracts.
Our Provision of Service
Our platform is where Clustered members are able to connect directly with Clustered mentors. Users are able to browse our platforms but if you wish to use our services you must register with us.
We do not endorse any of our members, users, mentees, mentors and clients although we require that accurate information is provided from all third parties we cooperate with and or use our services. We are not a party to any agreements entered into by mentors and mentees and we do not have control over their conduct nor responsibility for information or advice exchanged between mentors and members. You understand that we will not be liable for any loss or damage caused by your reliance on information provided from our platforms or services.
We reserve the right to refuse or restrict services to anyone or to any jurisdiction for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our services, use or access to our services without express written permission by us.
We reserve the right at any time to modify or discontinue any part or content of our services without notice at any time.
You are not permitted to transmit any viruses or other malware to or via our platforms (website/mobile applications).
You may not use our services for any illegal or unauthorized purpose nor violation of any international or jurisdictional laws.
A breach or violation of any of the ToS will result in an immediate termination of your services.
Any new features or tools which may be added to our platforms are also subject to these ToS.
You can refer to the most up to date ToS at this page. We reserve the right to update, amend or replace any part of the ToS. It is your responsibility to check our website for changes. Your continued use of our platforms is considered as acceptance of the current or amended ToS.
Our Accuracy of Information
We are very meticulous in ensuring that we provide an accurate portrayal of the knowledge and skills of our mentors and advice or information on our platforms.
We hope and anticipate that any services you buy are to your expectations.
In the unlikely event you feel that a service was not delivered in accordance with your expectations, or, in case you notice any omissions or inaccuracies on our platforms relating to our services descriptions, availability or promotions, please contact us at Clustered in order for us to resolve the issue at firstname.lastname@example.org
We do not undertake to update or amend any details included in our platforms, unless stipulated by law and are not responsible for inaccurate, incomplete or out of date material. Our platforms may include or refer to historical information, such information is for reference only and whilst we endeavor to ensure the majority of our content is current, complete and accurate we have no obligation to update information on our platforms.
The material on our platforms is provided for consideration and as general information. We recommend that a number of sources of information are considered and referred to prior to any decision making. Any reliance on the material on our platforms is at your own risk.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our platforms and services at email@example.com.
If you post comments on our platforms, you agree that these do not violate any rights of third-parties, including copyright, trademark, privacy or proprietary rights. Your comments will not contain unlawful, abusive or inappropriate material. You may not mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You are not allowed to use our platforms for any unlawful purpose or to solicit others to take part in any unlawful activities derived from international or jurisdictional regulations. Harassment, intimidation or insults are not permitted on our platforms. You may not transmit or upload any virus or other malware that could in any way affect the operation of our services or to spam, phish, scrape or crawl.
We reserve the right to terminate or restrict our services or any related platforms for violating any provision in the ToS.
We endeavor, but have no obligation to, monitor, edit or remove inappropriate content.
Our use of Personal Information and its transfer
You understand that details provided by yourself may be transferred via international networks and may be subject to format adaptations in order to enable such transfers.
Payment information will only be transferred in encrypted formats.
Our links with Third Parties
Where we cooperate or actively promote a third party, we will stipulate this clearly on our platforms.
Certain content and services available via our platforms may include material from third-parties. We are not responsible for monitoring or evaluating the content of such third party platforms and do not undertake any responsibility for any third-party materials, platforms or links to not affiliated third parties.
We may offer you access to third-party tools, any use by you of such tools is entirely at your own risk and we shall have no liability whatsoever arising from or relating to your use of them.
We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions. Any complaints related to third party services must be directed to the relevant third party. If you deem that the third party has not responded to you in a timely or fair manner, then please contact us at firstname.lastname@example.org.
Clustered is a program based platform that offers a suite of value added services to its members such as access to programs with rates listed, access to the Clustered app and more.
Program registration is to be associated with a single person and cannot be shared with others. Sharing Clustered services with a non-registered person will result in a suspension of services.
The pricing of our services may change, at any time without prior notice and at our discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.
Fees for Mentors
The amount due and payable to a mentor is agreed between the mentor and us at the start of our cooperation and prior to a mentor being listed on our platforms.
We will collect a percentage of the mentor fee directly from the payment received from the mentee and remit the remaining monies to the mentor via Stripe in Euros. Service Fees are non-refundable.
In case of any changes to our fees or methods of payment, we will notify you in writing prior to effecting any changes.
Fees for Mentees
You undertake to pay the fees charged to you for registered programs.
You agree to provide current, complete and accurate billing information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
At the booking of a program you authorize us to charge your credit card to collect the fees listed in relation to your selected program.
All programs are to be scheduled within the Clustered platform. It is a breach of the terms of service for mentors or mentees to suggest making or receiving a payment outside of the Clustered platforms for services rendered and connections established via the Clustered platforms.
Once a member has booked a program, refunds are not possible.
Members may request a refund for a program without a penalty where a program has not been initiated within 7 days of the scheduled program start time. In case of disputes regarding refunds, please contact us at email@example.com.
In the event that any provision of these ToS is deemed to be unlawful or unenforceable, the provision shall remain applicable as permitted by law. Any provision deemed void will be removed from the ToS without affecting the validity of the remaining provisions of the ToS.
Termination of the ToS is either where you cease to utilize our services or where you notify us that you no longer intend to use our services.
We also reserve the right to amend or update these ToS. We may terminate the provision of our services without notice where we suspect that any provision in the ToS has not been complied with. Any funds owed by you at the time of termination must be paid in full.
Administration has the right to revoke program access when attendance issues arise. Members must respect the time of the mentors and schedule responsibly when a program includes 1 on 1 sessions.
Limitation of Liability
We do not guarantee that our services will be uninterrupted, timely, secure or error-free. You accept that occasionally our services may be removed without prior notice.
In no case shall we, our officers, directors, service providers, contractors, employees and agents be held liable for any injuries, losses, claims, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits or revenue, loss of data, loss of goodwill, replacement costs, service interruption, system failure or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured from us including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services or content.
We do not warrant that the results that may be obtained from the use of our services will be accurate or reliable and will not be held liable for communications or interactions with other third persons or parties with whom you may communicate or interact with as a result of your use of our platforms.
Our liability shall be limited to the maximum extent permitted by law. In no event will our aggregate liability arising out of or in connection with these ToS exceed the amount you have paid or owe for sessions arranged via our platforms in the 12 month period prior to the event giving rise to the liability or 200 Euros.
You agree to indemnify, defend and hold us and our affiliates, and their officers, directors, service providers, contractors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of our platforms, it’s content and services; (2) your violation of these ToS; (3) Any comments or information posted by you; (4) your interaction with any third parties or individuals arising from use of our services; (5) reliance on any material obtained from or via our services.
The failure of us to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
These ToS and any other operating rules on our platforms constitute an agreement and an understanding between you and us and govern your use of our services which supersedes any prior written or oral agreements between you and us (including earlier versions of the ToS).
Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party.
Questions about the ToS should be sent to firstname.lastname@example.org