These Terms of Service were last updated on 24 September 2022.
These Terms of Service govern your use of Graduate Mastery and its associated software systems, web pages and any related services provided by Graduate Mastery. By accessing Graduate Mastery systems and services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations.
This agreement extends to a Customers use of any software systems hosted by Graduate Mastery or services rendered, including but not limited to virtual meetings, consulting and coaching sessions.
If you do not agree with these Terms of Service, you are prohibited from using or accessing Graduate Mastery and from using any other services we provide. We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
While Graduate Mastery makes every effort to assist and guide our Customers to achieve their goals and the results they seek to achieve, the sole responsibility for any results and outcomes are the sole responsibility of the Customer.
Any digital material distributed by Graduate Mastery, in the form of this website, guides, tutorials, document templates or any other material created and branded as Graduate Mastery material, is the intellectual property of Graduate Mastery and is protected by applicable copyright and trademark law.
We grant our Customer permission to use any material that we provide for their sole use. These permissions for use do not constitute a license to modify, sell or redistribute any Graduate Mastery materials.
All Graduate Mastery material is provided for general information purposes only. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials.
Graduate Mastery takes no responsibility for any actions taken by its Customers, based on verbal guidance or the contents of any of the materials provided.
Any guidance or materials are provided on an "as is" basis. To the extent permitted by law, we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Graduate Mastery services, even if we or an authorised representative have been notified orally or in writing, of the possibility of such damage.
In the context of this agreement, we define “consequential loss” as including any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
All communication and contact with Graduate Mastery staff are to be kept pleasant and professional at all times.
The use of profanity, abusive content, bullying, and all other negative or harmful, be it physical, emotional, mental or spiritual in nature, and including but not limited to threats whether direct or indirect, will put the offending party in breach of these terms of service.
If breaching behaviour continues after a verbal or written warning, Graduate Mastery reserves the right to immediately terminate this agreement, and the Customer will forfeit any remaining sessions.
Unless otherwise agreed in writing, all Graduate Mastery services are sold on a subscription basis. A subscription is only considered valid and active once the first payment has been made. Unless otherwise agreed upon in writing subscriptions will be charged monthly, and the date of the first payment will become the subscription renewal date. For example, if a person signs up on the 5th of a month, their monthly subscription will become due on the 5th of every month going forward.
Unless otherwise agreed in writing, a Graduate Mastery subscription will automatically renew. If payment for the next month's session is not received on or before the next due date, the subscription is considered suspended and all future sessions will not be scheduled unit payment is received.
For a fixed-term contract, the request needs to be agreed upon in writing and the number of months, sessions and subscription end date agreed upon and stipulated.
Subscription packages outline the cost and frequency of sessions. A package can be upgraded at any time. However, it is preferred to be done at the time of the next due date. If done in the middle of a monthly cycle, a prorated fee for the current month will be charged, and the full price charge at the start of the next month. Unless explicitly stated in an upgrade request, all upgrades are considered to be for next month and not prorate.
Downgrades can only be done at the start of the next month's due date.
A subscription termination notice needs to be given in writing notice at least one week before the next monthly due date. Fees are non-refundable except as required by law or as otherwise specifically permitted in the Agreement. If a Customer decides not to use their remaining sessions after giving notice of termination then these sessions are forfeited.
All coaching sessions are scheduled and agreed upon in advance and in writing at the commencement of a subscription. Every attempt will be made to maintain the subscription session frequency and schedule, however, Graduate Mastery does not guarantee the number of sessions for any given month and catch-up sessions might be scheduled in the following month.
Customers are required to give advanced written notice if they will not be able to attend a session. Every attempt will be made to accommodate rescheduling requests. However, this is not guaranteed. If a session is missed a catch-up session will be agreed upon in writing.
If a Customer misses a session and no advanced notice was provided, the session is forfeited, and a catch-up session will not be scheduled.
The length of coaching sessions is not guaranteed and for whatever reason may be shorter or longer than originally agreed. The length of any session has no impact on any other session, in that if one session is shorter than stipulated the remaining unused time is forfeited and will not be transferred or rescheduled.
Graduate Mastery reserves the right to refuse to service any Customer.
Graduate Mastery may suspend or terminate your right to use our services or systems and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Graduate Mastery makes use of several software systems and gives its Customers access to use the software to be more efficient in their work or facilitate more efficient coaching sessions, or improve Customer's ability to work and achieve their goals.
Some of these services and systems provide features related to sharing of files, messages and contacts. All this data and materials are yours, and these terms do not give Graduate Mastery or its staff any rights over your content or data except for the limited rights that enable us to provide the services.
All Graduate Mastery software is made available on an as-is basis and Graduate Mastery does not make any guarantees to the function or usage of the services.
Customers agree that Graduate Mastery and its staff may transfer Customer data to and access, use and store Customer data in locations other than Customer’s country.
For a coaching session to take place, it is required for a Customer to make available and share their data with Graduate Mastery. The act of sharing any data does not transfer any rights to Graduate Mastery. Unless agreed otherwise in writing, all data shared with Graduate Mastery be only to facilitate coaching and will continue to remain the property of the Customer.
While a Customer has an active subscription, Graduate Mastery reserves the right to retain access to any data shared with Graduate Mastery to facilitate easy and effective coaching.
On the termination of a subscription, Graduate Mastery reserve the right to immediately delete any Customer data, but makes no guarantee that data will be deleted, and the Customers data may be retained in system backups for up to 12 months.
The Customer has the right to request immediate deletion of all data in writing, and Graduate Mastery will make every effort to comply with this request in a reasonable time but makes no guarantee that the request will be actioned within any specific or stipulated time frame.
By using Graduate Mastery services and systems, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Graduate Mastery website or distributed in a coaching session or shared digitally or by any other means;
- remove any copyright or other proprietary notations from any materials and software on the Graduate Mastery website;
- transfer the materials from the Graduate Mastery website to another person or “mirror” the materials on any other server;
- knowingly or negligently use the Graduate Mastery website or any of its associated services and systems in a way that abuses or disrupts our networks or any other service we provide;
- use Graduate Mastery or its associated services or systems to transmit, host or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use Graduate Mastery or its associated services in violation of any applicable laws or regulations;
- use Graduate Mastery or its associated services in conjunction with sending unauthorized advertising or spam;
- use a false password or one belonging to another user or access data that is not intended for the user or log into a server or account which such a user is not authorised to access;
Graduate Mastery reserves the right to publish or list any Customer publications that result from Graduate Mastery participation. This right is limited only to the Graduate Mastery website or documents and does not extend to any right of co-authorship or official supervisor roles.
Any listing of Graduate Mastery staff's names in a Customer's document in any role will be agreed upon in writing separately.
Graduate Mastery makes no guarantee of the Customer's documents being published or being accepted for publication.
All scheduling of session and subscription changes are agreed upon and confirmed in writing. Written correspondence is not considered received or agreed to unless a receipt is acknowledged and the content agreed to.
Valid written correspondence is considered to be email and calendar event invites only.
Graduate Mastery respects the intellectual property rights of others and expects its Customers to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Graduate Mastery will respond to any alleged copyright or intellectual property infringement. Shall act in accordance with the Digital Millennium Copyright Act and will take any steps deemed necessary to any infringement notices.
Whilst Graduate Mastery provides coaching services to help its Customers achieve their goals, the Customer fully accepts all responsibility for the results. The Customer also accepts that they may also create adverse situations due to the decisions they make. The Customer accepts that these are their own choices, and thus indemnifies Graduate Mastery and all its staff from any claims, including by third parties, in relation to any and all compensation, damages or redress resulting from any life changes or actions they make during or after their coaching sessions.
These Terms of Service are governed by and construed in accordance with the laws of South Africa. You irrevocably submit to the exclusive jurisdiction of the courts in this location.