INTRODUCTION AND ACCEPTANCE OF TERMS
By participating in any of our Online and In Person Courses or otherwise interacting with our Services, including, without limitation, through any communities, chat rooms, or other method or media used for the purpose of providing you the Service(s).
SERVICES (OUR PROGRAMS)
BootUP provides many services (each a “Service” and together the “Services”) through its website(s) located at www.bootup.ai and www.bootupacademy.org, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any BootUP online and in person educational programs and related services, such as careers services, or any part thereof For clarity, BootUP offers Online and In Person Courses that are curated, specially designed, and produced which are referred to as “Foundation”, “Flex”, and “Full Immersive & Flex” programs. A verified certificate of accomplishment upon conclusion of the applicable Online and In Person Course ("Verified Certificate"), shall be awarded, in the sole discretion of BootUP and the instructors for the Online and In Person Courses, to Students (defined below) who have completed the course to the satisfaction of BootUP including without limitation being in compliance with all BootUP policies.
BootUP and the instructors of the Online and In Person Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online and In Person Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online and In Person Courses, Students acknowledge that BootUP and the instructors maintain the right and ability to adapt, modify or revise the Online and In Person Courses as BootUP and the instructors deem appropriate.
ACCESS AND USER ACCOUNTS
a "Visitor," meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
a "Student," meaning that you have created a User Account (defined below) registered or have enrolled in and paid for access to the Online and In Person Courses and other BootUP’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
an "Attendee," meaning that you have created a User Account and that you intend to audit the Online and In Person Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
a “Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with BootUP to provide mentoring and project review services to Students.
The term "User" refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any BootUP community (e.g., moderators, volunteers, or experts-in-residence).
User Accounts: In order to use, access, or take part in many of our Services, including the Online and In Person Courses or to provide Mentor Services, you must select a login identification ("User ID") and a unique user password ("User Password") (collectively, a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name, email address, and sometime mobile phone number for OTP Verification and courses reminder purposes. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of all the programs. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online and In Person Courses.
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
STUDENT AND ATTENDEE COMMUNICATIONS
Agreement to Receive Electronic Communications.
Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.
You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
SPONSORED AND PROMOTIONAL SERVICES PURCHASES
If you access prepaid, gift, promotional, scholarship, or sponsored paid products or services for any programs or other BootUP prepaid or third party paid subscriptions ("Sponsored Services"), the Payment Method will be authorized for the number of months of the service noted in the product description for the payment amount indicated. Services may then be activated by the eligible User by enrolling with us or through other means contractually executed with BootUP.
EMPLOYEE AND ENTERPRISE SPONSORED ACCESS
USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
that violates the rights of other Users of the Services; or
that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online and In Person Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an "honor code," those terms shall apply to you as a student and/or employee of such institution.
BOOTUP’S INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by BootUP and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of BootUP and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States, Indonesia and foreign law.
BootUP logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online and In Person Courses ("Marks"), are the property of BootUP and are protected under United States, Indonesia and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of BootUP.
From time to time, BootUP may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. BootUP and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
In some instances, some of the Content belonging to our licenses and provided in connection with the Online and In Person Courses, may require you to agree to that licensor’s terms and conditions. BootUP has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
LICENSE TO EDUCATIONAL CONTENT
As used herein, "Educational Content" means a subset of the Content containing the educational materials made available to you through the Online and In Person Courses, including such online lectures, in person lectures speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the "Licensed Material" under the terms of the CC License (as defined below).
BootUP hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that BootUP expressly defines as falling outside of the definition of "non-commercial":
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any "pop-up advertisements";
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
BootUP may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online and In Person Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). BootUP is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. BootUP does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online and In Person Courses. Accordingly, subject to the license granted to BootUP below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
From time to time, BootUP (or its third-party service providers on behalf of BootUP) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to BootUP through a BootUP website/portal or the website/portal of BootUP’s service provider. In the event that BootUP (or its service providers) makes such a request to you, BootUP will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to BootUP (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to BootUP); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to BootUP’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License.
With respect to any User Content you submit to BootUP (including for inclusion on the Websites or Online and In Person Courses) or that is otherwise made available to BootUP, you hereby grant BootUP an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online and In Person Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to BootUP above shall be exclusive. BootUP reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit BootUP to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and BootUP, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States, Indonesia, or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Indonesia or the country in which you reside.
SOCIAL SHARING AND BOOTUP PROFILES
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online and In Person Course, your access to our career services offering may be disabled.
By enrolling in an Online and In Person Course or purchasing any of our Services and providing BootUP with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by BootUP through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process ("Payment Method"). You agree to BootUP, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the BootUP Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. BootUP does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students may apply to certain promotional programs, pricing, or geographic locations.
You hereby acknowledge and agree that BootUP will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid. We do not guarantee refunds for lack of usage or dissatisfaction.
If you purchase any Online and In Person Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by BootUP. Except as otherwise explicitly stated by BootUP, the third-party marketplace will be solely responsible for making refunds under its refund policy, and BootUP will have no refund obligations. BootUP disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
Financing Education Loan:
If you have requested a Financing Loan to enroll the paid programs, you will be automatically charged to the Payment Method for the cost of the Online and In Person Course and any applicable taxes.
If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online and In Person Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that BootUP’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that BootUP, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online and In Person Courses, such as access to Mentors, evaluation services, career services, records of Online and In Person Course completion, or other BootUP Services. You also understand that BootUP may modify or discontinue any or all of the Services related to its Online and In Person Courses at its sole discretion.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE AND IN PERSON COURSES (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Online and In Person Courses may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. BootUP does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. BOOTUP WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.