THOUGHT MACHINE - BOOTCAMPS & EXAMS TERMS AND CONDITIONS (“TRAINING TERMS”)
These Training Terms were last updated on 29 April 2025.
These Training Terms, along with the terms of Participant’s Agreement with Thought Machine, govern the provision of Thought Machine Training to clients and/or partners of Thought Machine (“Participant”), including the provision of Bootcamps and/or Exam, the purchase of Thought Machine Training and attendance at Bootcamps and/or Exams by certain Participant Personnel, as applicable (“Delegates”).
Each Participant accepts these Training Terms on its own behalf and on behalf of all its Delegates. It is the responsibility of the Participant to undertake to ensure that all Delegates are aware of and comply with these Training Terms at all times.
1. BOOTCAMPS (GENERAL)
1.1 How to purchase a Bootcamp
Bootcamps can be purchased as further described below at paragraph 2 in respect of Public Bootcamps and paragraph 3 in respect of Private Bootcamps.
1.2 Costs
Bootcamps are chargeable in accordance with the Price List. If Thought Machine agrees to deliver a Bootcamp that is not part of the Price List, then Thought Machine will provide Participant with details of the applicable fees.
1.3 Location
Bootcamps will be held either virtually and/or in person at a Thought Machine office at Thought Machine’s sole discretion.
Any travel arrangements made by or on behalf of a Delegate (including any insurance, visas/permits, hotel, transport or otherwise, each as may be applicable) are at Participant and/or Delegate’s own risk, cost and expense and are in no way the responsibility of Thought Machine.
Failure by the Participant and/or Delegates to arrange its own travel or obtain the necessary documentation or equipment in order to attend the Bootcamp shall not entitle any refund of any Fees payable.
If Thought Machine expressly agrees in writing with a Participant to provide a Private Bootcamp at a venue other than that of a Thought Machine office, then Thought Machine will notify Participant in advance of the training facilities which Participant should provide and it is the responsibility of Participant to ensure the venue is suitably equipped. All costs and expenses involved will be borne by the Participant.
1.4 Pre-requisite requirements
Bootcamps may be subject to minimum and/or maximum class sizes (as applicable) as detailed in these Training Terms.
In respect of any Bootcamp, all Delegates must have achieved the pre-requisites that are specified within the relevant Training Order Form and any additional requirements as listed in the relevant Bootcamp description.
The failure of any Delegate to complete the required pre-requisites may have a disruptive or otherwise negative impact on the benefit that all Delegates receive from the Bootcamp. Thought Machine reserves the right to deny further participation (without refunds) to any Delegate who has not completed the required pre-requisites if that failure is causing a negative impact on other Delegates. For Private Bootcamps, Thought Machine will proceed with the Bootcamp including the relevant Delegate(s) if requested by the Participant. In any case, the Participant acknowledges that the failure of any Delegate to complete pre-requisites may result in disruption and/or not completing the objectives of the course.
1.5 Participant cancellation, postponement or Delegate substitution
All: (i) cancellations or postponements of a Private Bootcamp; or (ii) cancellations of a Delegate space at a Bootcamp must be received by Thought Machine in writing no later than the date which is 14 calendar days prior to date of the applicable Bootcamp. Any request that is received within 14 calendar days of the date of the applicable Bootcamp will be subject to a service charge which is equivalent to 100% of the applicable fee. In respect of any complementary place, there will be no service charge but the Participant will be deemed to have forfeited the number of complementary places cancelled or postponed.
Participant Delegate names can be amended up to 24 hours prior to the Bootcamp commencing. Thought Machine is not obliged to accommodate any request to substitute Delegate places within 24 hours of the Bootcamp, and the Delegate space may be forfeited.
1.6 Cancellation or postponement by Thought Machine
Thought Machine reserves the right to cancel or reschedule any Bootcamp by reasonable prior written notice to the Participant (including reasons of illness, unavailability and/or any other business reason). In the event of such a reschedule, the start date of the rescheduled training course shall be within one year of the start date of the original Bootcamp.
Subject to paragraph 8.1:
a) In the event of cancellation, Thought Machine shall issue Participant with a full refund of the relevant Training Fee paid by the Participant in respect of the relevant Bootcamp.
b) In the event of rescheduling, Thought Machine shall automatically enrol the Participant on the next available Bootcamp and provide Participant with the relevant details. If the Participant is unable to attend the rescheduled Bootcamp, the Participant shall be entitled to cancel in accordance with paragraph 1.5.
Thought Machine’s liability for that Bootcamp only and Thought Machine to a Participant (including any of its Delegates) as a result of any cancellation or postponement of a Bootcamp shall be limited to the amount of Fees which Participant has paid to Thought shall not be liable for any additional Losses incurred by Participant (or its Delegates) as a result of such cancellation or rescheduling.
1.7 Miscellaneous
Thought Machine may use one or more of its Affiliates to provide any Bootcamp.
Unless otherwise agreed in writing, all Bootcamps will be delivered in, and all Training Materials will be written in, the English language.
Thought Machine shall perform the Bootcamp with reasonable skill and care.
Thought Machine makes no warranties or representations, whether express, implied or statutory, regarding the Bootcamp or Materials provided to the Participant or any Delegate as part of any Bootcamp. Further, Thought Machine does not warrant that the Bootcamp or Materials will meet Participant’s specific requirements. To the greatest extent allowed by law, Thought Machine specifically disclaims all implied warranties of satisfactory quality, merchantability, fitness for a particular purpose (even if Thought Machine had been informed of such purpose) and non-infringement with respect to the Bootcamp, Exam and/or Materials, and with respect to the use of any of the Bootcamp, Exam and/or Materials.
2. PUBLIC BOOTCAMPS
2.1 Public Bootcamps are run by Thought Machine from time to time in accordance with the Public Bootcamps Schedule.
2.2 Eligible Participants can request a delegate space on a Public Bootcamp by completing a Public Bootcamp Attendance Request Form.
2.3 Within one (1) week of receiving the request via the Public Bootcamp Attendance Request Form, Thought Machine will confirm by email whether the request has been successful. Only once a Participant receives a successful booking confirmation email from Thought Machine will such Delegate(s) be booked on to the relevant Public Bootcamp. If confirmation is not received within one (1) week of submitting a Public Bootcamp Attendance Request Form please contact Thought Machine by emailing enablement@thoughtmachine.net.
2.4 Places on a Public Bootcamp will be assigned on a first come first served basis until the maximum number of allowable delegates is achieved.
2.5 Public Bootcamps are subject to a minimum class size of ten (10) delegates and a maximum class size of twenty (20) delegates. If fewer than ten (10) delegates are signed up to a bootcamp, it will be cancelled or rescheduled giving one (1) weeks notice to the Delegate(s).
2.6 Public Bootcamps are chargeable according to the Price List.
2.7 To the extent that Participant is a Partner who is an eligible member of the Delivery Partner Programme then eligible training credits may be applied as payment towards the applicable Training Fee in respect of Public Bootcamps as further described in paragraph 5.4 below.
3. PRIVATE BOOTCAMPS
3.1 A Participant may from time to time request a Private Bootcamp by emailing enablement@thoughtmachine.net.
3.2 Provision of any Private Bootcamp by Thought Machine will be subject to Thought Machine’s consent (in its sole discretion) and subject to agreement between the parties.
3.3 Private Bootcamps are chargeable according to the Price List.
3.4 Private Bootcamps may be subject to a minimum and maximum class size as specified in the Training Order Form. If the number of Participant attendees exceeds the specified maximum class size, Thought Machine may not be able to accommodate the additional people but reserves the right to charge an additional fee if additional Delegates are accepted.
4. EXAMS AND CERTIFICATIONS
4.1 Bootcamps
Where a Bootcamp is associated with an Exam, all Delegates that are successfully booked on a Bootcamp will be automatically enrolled on the associated Exam on day one (1) of the relevant Bootcamp. The first (1st) attempt at the associated Exam shall be taken by all delegates on the last day of the Bootcamp (“Original Exam”).
In the event a Delegate who has completed the Bootcamp fails to pass the associated Exam, such Delegate will be entitled to two further attempts of the associated Exam (each such attempt a “Resit”). A Resit will be free of charge provided that such Resit is taken by the delegate by a date no later than the date which is six (6) weeks from the date of the Original Exam (the “Eligibility Window”).
Any further attempts at an Exam (including Resits taken outside of the Eligibility Window) will be chargeable in accordance with the Price List.
A no show by a Delegate at any attempt (including a Resit) will mean forfeiture of that attempt or Resit (as applicable).
4.2 Self learning
Participant may purchase Training on a self-learning basis together with Exams for those of its Personnel who opt to self learn rather than attend a Bootcamp, by emailing enablement@thoughtmachine.net.
Exams for all ‘self learning’ Delegates (including any resit) are chargeable in accordance with the Price List.
It is the responsibility of all ‘self learning’ Delegates to ensure they have access to the proper equipment and stable internet connection as necessary to sit any Exam. Thought Machine is in no way responsible for any Delegates failing to do so.
4.3 Pre-requisite requirements
In respect of any Professional Pathway, all Delegates must have achieved (at least) the Fundamentals Pathway Certification within the 12 months prior to attending the relevant Professional Pathway Exam and any additional requirements as listed in the relevant Professional Pathway description.
4.4 Miscellaneous
All Exams will be in the English language.
4.5 Validity of Certifications
All Certifications are valid for a period of one (1) year from the date of issuance.
Thought Machine may, at its sole discretion, suspend or withdraw Certifications at any time, including but not limited to reasons of cheating, plagiarism, infringement of Thought Machine’s Intellectual Property Rights, breach of confidentiality and submission of false information. Thought Machine will notify the affected Participant and Delegate(s) of the matter and the reasons for the decision.
5. PAYMENT AND TAXES
5.1 Participant shall pay the applicable Training Fee in accordance with this paragraph 5.
5.2 Unless otherwise stated or agreed between the parties in any Training Order Form, the Training Fee shall be payable within 30 days of receipt of the relevant invoice(s) from Thought Machine in accordance with the terms of the same. All invoices must be paid without any deduction, set off or withholding of any kind. All amounts referred to in these Training Terms or otherwise set out in any Training Order Form or invoice are exclusive of value added tax (VAT) or other sales or withholding tax which is payable by the Participant at the rate and in the manner set by law.
5.3 Except in the event of cancellation of the Bootcamp by Thought Machine in accordance with paragraph 1.6(a), the Training Fee is non-refundable and Participant is liable for the full fee.
5.4 In respect of Public Bootcamps, to the extent that Participant is a Partner who is an eligible member of the Delivery Partner Programme, then depending on the Tier Status of the Participant, Thought Machine shall automatically apply any eligible training credits available to the Participant to the relevant invoice. Once the Participant has used all of their quota of eligible training credits, the Participant may purchase additional spaces on a Public Bootcamp, subject to availability, and charged according to the Price List by emailing enablement@thoughtmachine.net.
5.5 Thought Machine may charge interest on all sums outstanding beyond the relevant due date set out in the Training Order Form or invoice (as applicable). This interest will be charged from the due date until the date the payment is received (including after any judgement has been obtained) at 8% per annum above the base lending rate of the Bank of England for the time being.
6. LIMITATION OF LIABILITY
6.1 Subject to paragraph 6.4, in no event will Thought Machine be liable for any loss of profits, loss of business, loss of earnings, loss of contracts, loss of goodwill, loss of anticipated savings, loss of or damage to reputation or goodwill, wasted management, operation or other time, loss of use or value of data or indirect, incidental, special, consequential, or exemplary loss and damages of any kind in connection.
6.2 Participant is responsible for ensuring the Bootcamps and Exams are suitable for its own use, and Thought Machine is not responsible for Participant’s selection of or reliance on the Participant’s chosen Bootcamps or Exams.
6.3 Subject to paragraphs 6.1 and 6.4, Thought Machine’s total aggregate liability, in connection with these Training Terms whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to an amount equal to the Training Fee paid by Participant for the relevant Bootcamp.
6.4 Nothing in these Training Terms limits or excludes either Thought Machine or Participant’s liability for death or personal injury caused by its negligence, for fraudulent misrepresentation or any other fraudulent act or omission, or any other liability which may not lawfully be excluded or limited.
6.5 Nothing in these Training Terms limits or excludes Participant's liability for infringement of Thought Machine’s Intellectual Property Rights or breach of paragraph 7.
7. TRAINING MATERIALS AND CONFIDENTIALITY
7.1 Participant agrees that the Training Materials are Thought Machine’s confidential information, and Participant will maintain the confidentiality thereof in accordance with its Agreement with Thought Machine, provided that Participant may only use the Training Materials as authorised pursuant to these Training Terms and may not disclose to any third party any Training Materials without Thought Machine’s prior written consent.
7.2 Thought Machine, or its licensors, is and shall remain the exclusive owner of all current and future Intellectual Property Rights in and to all Training Materials, and all modifications, adaptations, customisations, enhancements developments, copies, recordings, translations and derivations thereto.
7.3 Participant shall ensure that any Training Materials provided as part of any Bootcamp or self learning, Exam are used by its Personnel solely for their own personal study and achieve the relevant Certification (the “Purpose”) and ensure that the Training Materials are not copied or distributed to any other personnel or third party or otherwise used for any purpose.
7.4 Participant agrees, and shall ensure that each of its Delegates agree not to audio, video record any (or any part thereof) any Bootcamp or Exam using any recording device or software.
7.5 Training Materials must not be used for any commercial purposes without obtaining a licence to do so from Thought Machine or our licensors.
7.6 Any know-how, skills, experience gained, or feedback received from Participant or its Personnel, by Thought Machine in the context of any Bootcamp, Exam or Training Materials may be used by Thought Machine and its Affiliates for any purpose without restriction, including to incorporate into its products and services.
8. MISCELLANEOUS
8.1 Thought Machine shall have no liability to a Participant if it is prevented from or delayed in performing its obligations under these Training Terms or from carrying on its business, which arises because of a Force Majeure Event. “Force Majeure Event” means fire, flood, earthquake, elements of nature or acts of God, acts of war (whether or not declared), acts of terrorism, riot, civil commotion, governmental actions (excluding regulatory change), national labour disputes, pandemics, interruption, or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of the foregoing, and any similar events beyond the reasonable control of Thought Machine.
8.2 Thought Machine may make amendments to these Training Terms from time to time. Any such amendments shall be posted on the Vault Portal and will be effective immediately. Participant will be deemed to have accepted them if it or any of its Personnel continue to make use of any Training Material, attend a Bootcamp and/or an Exam. If a Participant does not accept them, it must, and ensure its Personnel, immediately stop using any Training Materials, cancel attendance at any Bootcamp and/or Exam as applicable in accordance with paragraph 1.
8.3 Participant shall be responsible for ensuring that all Delegates comply with the requirements of these Training Terms.
8.4 These Training Terms, their subject matter and their formation (and any contractual or non-contractual disputes or claims) arising out of or in connection with it are governed by, and to be construed in accordance with, the law of England and Wales and (save in respect of injunctive relief, specific performance and other equitable relief) the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales in connection with any such dispute or claim.
9. DEFINITIONS AND INTERPRETATIONS
Affiliate means with respect to an entity: (a) any other entity Controlled, directly or indirectly, by the entity; (b) any entity that Controls, directly or indirectly, the entity; or (c) any entity, directly or indirectly, under common Control with the entity. And where Control means a person that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other person (whether through the ownership of voting shares or otherwise), and “Controlled” and “Controlling” in the context of Control will be construed accordingly.
Agreement means an active, valid and binding agreement in place between Participant and Thought Machine pursuant to which Participant accesses Bootcamps and/or Exams, such as, in the case of a client, a licence for the applicable Thought Machine Solutions or, in the case of a Partner, a subscription agreement to the Partner Delivery Programme or an agreement for the provision of Exams and/or Bootcamps.
Bootcamp means a Private Bootcamp and/or a Public Bootcamp (as the context requires).
Certification means in respect of an Exam, the certification awarded by Thought Machine to the individual as evidence that such individual has at least successfully achieved the relevant pass mark for such Exam.
Delivery Partner Programme means the Thought Machine delivery partner programme, further details of which are available on the Vault Portal. A Partner’s membership of the Delivery Partner Programme is subject to separate terms and conditions between Thought Machine and Partner.
Exam means, in respect of any Training, the corresponding Thought Machine exam that may be offered either as part of a Bootcamp or as a standalone exam (as applicable).
Fundamentals Pathway means the Thought Machine fundamental training programme as advertised here.
Intellectual Property Rights means all types of intellectual property and proprietary rights subsisting throughout the world, both present and future, including: (a) patents, utility models and rights in inventions, and all reissues, continuations, continuations-in-part, revisions, divisionals, extensions and re-examinations in connection therewith; (b) trademarks, service marks, rights in domain names, corporate names, trade names and other indicia of source, and all goodwill associated therewith, and rights to sue for passing off; (c) copyright, database rights, design rights and moral rights; (d) rights in each of: trade secrets, know-how, software, technologies, databases, processes, techniques, protocols, methods, formulae, algorithms, layouts, designs, specifications and confidential information; and including, in each case, any registrations, applications and renewals in connection therewith.
Law means all laws, legislation, statutes, statutory instruments, rules, regulations, and by-laws in effect from time to time, in any jurisdiction, and, in each case, which have the force of law.
Partner means a partner of Thought Machine with an active, valid agreement in place between Partner and Thought Machine.
Personnel means, in relation to a party, the directors, officers or employees of that party.
Portal means the Thought Machine portal to which Participant may be granted access pursuant to the Enablement Portal terms and conditions.
Price List means the price list for Bootcamps available here (as may be updated from time to time by Thought Machine in its sole discretion).
Private Bootcamp means (as the context requires): (i) a Fundamentals Pathway; or (ii) a Professional Pathway, in either case, that is dedicated as a programme of training solely for certain Participant’s Delegates, as may be agreed between the Participant and Thought Machine from time to time and as set out in the relevant Training Order Form.
Professional Pathway means a Thought Machine professional training programme as advertised here and Professional Pathways shall be interpreted accordingly.
Public Bootcamp means a Professional Pathway as advertised on the Public Bootcamp Schedule which may be attended by: (i) certain Participant Delegates in accordance with these Training Terms; and (ii) other third party organisations (such as other Thought Machine partners).
Public Bootcamp Schedule means the schedule of Public Bootcamps run by Thought Machine throughout a year as made available from time to time on the Vault Portal and accessible here.
Training means the Fundamentals Pathway and/or the Professional Pathways.
Training Fee means, in respect of a Bootcamp or Exam, the fees payable by Participant to Thought Machine in respect of the relevant Bootcamp or Exam (as applicable) and as set out in the Training Order Form or invoice (as applicable).
Training Materials means all materials made available to, and copies or derivatives thereof made by, a Participant in connection with these Training Terms, including: (a) all components and outputs of the Training, Exams and Bootcamps, including the related platforms to supply these services; (b) any changes made to the Training, Exams, Bootcamps and/or Thought Machine from time to time; and (c) any other Intellectual Property Rights, works, products, documentation, information, data and other material of any kind (including computer software, computer firmware, designs and specifications) provided or made available by or on behalf of Thought Machine in connection with these Training Terms, regardless of whether it existed before or after the Agreement start date.
Training Order Form means a form, signed by Thought Machine and Participant, in Thought Machine prescribed format setting out the scope of agreed Training, Training Fee, expenses and other commercial terms.
In these Training Terms: references to “including” or similar will be treated as being by way of example rather than limiting the general applicability of any preceding words; a reference to legislation is to that legislation as amended, extended, or re-enacted from time to time and to any subordinate provision made under it; words in the singular include the plural and vice versa; and references to days will be to calendar days; and references to a “person” include an incorporated or unincorporated body.