1. Acceptance of Terms
By registering for, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the Services, including but not limited to visitors, registered users, subscribers, and contributors of content. If you are using the Services on behalf of an organisation or entity, you represent and warrant that you have the authority to bind that organisation to these Terms, and you agree to these Terms on behalf of that organisation.
2. Definitions
- "Services": The website, online platform, training courses, coaching sessions, content, and any other products or services offered by The Kaezn Academy.
- "Content": All text, graphics, images, videos, audio, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of the Services.
- "User Content": Any content submitted, posted, or transmitted by Users through the Services, including but not limited to comments, feedback, and any other materials.
3. Eligibility
To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you meet the eligibility requirements. If you are under the required age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for use by individuals under the age of 13.
4. Account Registration and Security
4.1 Registration
To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"). You further agree to maintain and promptly update your Registration Data to keep it accurate, current, and complete. Failure to provide accurate, current, and complete information may result in the suspension or termination of your account.
4.2 Account Security
- Notify us immediately of any unauthorised use of your account or any other security breach.
- Ensure you log out from your account at the end of each session, especially when accessing the Services from a public or shared computer.
- Accept responsibility for all activities that occur under your account.
We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
4.3 Account Use
- Share your account with others.
- Use another user's account without their express permission.
- Sell, transfer, or assign your account or any account rights to any third party without our prior written consent.
We reserve the right to terminate accounts misused or used in violation of these Terms.
5. Subscription Plans and Billing
5.1 Subscription Plans
We offer various subscription plans that provide access to different features and levels of the Services. Details of each plan, including pricing, benefits, and features, are available on our website or during registration. By selecting a subscription plan, you agree to pay the subscription fees and any applicable taxes associated with the plan.
5.2 Billing
Subscription fees are billed in advance on a recurring basis (monthly or annually), depending on the subscription plan you select. By subscribing to a plan, you authorise us to automatically charge your payment method for the subscription fees at the beginning of each billing cycle until you cancel your subscription.
5.3 Payment Method
To subscribe to a plan, you must provide a valid payment method (e.g., credit card, debit card, or other accepted payment methods). You represent and warrant that you have the legal right to use the payment method provided. You agree to keep your payment information up-to-date and accurate.
5.4 Automatic Renewal
Unless you cancel your subscription before the end of the current billing cycle or switch off auto-renew in your account settings, your subscription will automatically renew for an additional term equivalent to your initial subscription period. The renewal will be at the then-current subscription rate. You authorise us to charge your payment method for the renewal.
5.5 Price Changes
We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Any price changes will take effect following notice to you.
6. Payments and Taxes
6.1 Payment Processing
All payments are processed through third-party payment processors. By providing your payment information, you agree to the terms of service and privacy policies of these third-party processors. We are not responsible for any errors or issues that occur during the payment process.
6.2 Failed Payments
- Attempt to charge your payment method again.
- Suspend or terminate your access to the Services.
- Charge late fees or interest in accordance with applicable laws.
You agree to reimburse us for any fees we incur in collecting past due amounts, including reasonable attorney's fees and other legal expenses.
6.3 Taxes
All fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such taxes, levies, or duties associated with your purchase of the Services.
6.4 Disputed Charges
If you believe you have been billed in error, you must notify us in writing within thirty (30) days of the billing date. We will not issue refunds or credits after the expiration of this period except where required by law.
7. Refund Policy
7.1 No Refunds
Except as required by law or as provided in these Terms, all fees paid are non-refundable. This includes fees paid for subscription plans, coaching sessions, and any other Services.
7.2 Exceptions
We may, at our sole discretion, consider refund requests in the following circumstances:
- Technical issues on our end that prevent you from accessing the Services for a prolonged period.
- Errors in billing or duplicate charges.
To request a refund under these exceptions, you must contact us within seven (7) days of the issue occurring. We will review your request and respond within a reasonable timeframe.
8. Upgrades and Downgrades
8.1 Upgrades
You may upgrade your subscription plan at any time. The upgrade will take effect immediately, and you will be charged a prorated amount for the remainder of the current billing cycle. Subsequent billing cycles will reflect the new subscription rate.
8.2 Downgrades
Downgrades to a lower-tier subscription plan are not permitted during an active subscription term. You may choose a lower-tier plan upon renewal at the end of your current billing cycle by contacting us. Please note that downgrading your plan may result in loss of access to certain features or content.
9. License and Intellectual Property Rights
9.1 Ownership
All content available through the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and data compilations, is the property of The Kaezn Academy or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 License Grant
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use, in accordance with these Terms.
9.3 Restrictions
- Copy, reproduce, distribute, or create derivative works from the Content or Services.
- Modify, reverse engineer, decompile, or disassemble any part of the Services or Content.
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
Any unauthorised use of the Content or Services may violate copyright laws, trademark laws, privacy laws, and other regulations and statutes.
10. User Conduct and Acceptable Use
10.1 Prohibited Activities
- Violating any applicable laws, regulations, or these Terms.
- Infringing upon the rights of others, including intellectual property rights.
- Uploading or transmitting viruses, malware, or any other malicious code.
- Interfering with or disrupting the integrity or performance of the Services.
- Attempting to gain unauthorised access to the Services, user accounts, or computer systems.
- Harassing, abusing, or harming another person or entity.
- Using the Services to transmit unsolicited commercial messages (spam).
- Engaging in any activity that could damage, disable, overburden, or impair the functioning of the Services.
10.2 User Responsibility
You are solely responsible for your conduct and any User Content that you submit, post, or transmit via the Services. You agree to comply with all applicable laws and regulations when using the Services.
11. User Content
11.1 Ownership of User Content
You retain all rights, title, and interest in and to any User Content that you submit, post, or transmit through the Services.
11.2 License to User Content
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Services.
11.3 Representations and Warranties
- You own or have the necessary rights, licenses, consents, and permissions to grant the above license to us.
- Your User Content does not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
- Your User Content does not contain any defamatory, libelous, obscene, or unlawful material.
We reserve the right, but are not obligated, to review, monitor, or remove User Content at our sole discretion.
12. Confidentiality
12.1 Definition
"Confidential Information" means any non-public information disclosed by us to you, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as "Confidential" or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
12.2 Obligations
- Use Confidential Information solely for the purpose of using the Services.
- Not disclose Confidential Information to any third party without our prior written consent.
- Protect Confidential Information using the same degree of care you use to protect your own confidential information, but in no event less than reasonable care.
12.3 Exceptions
- Is or becomes publicly available without breach of these Terms.
- Was known to you prior to disclosure by us.
- Is received from a third party without restriction.
- Is independently developed by you without reference to the Confidential Information.
13. Third-Party Services and Links
13.1 Third-Party Services
Our Services may include integrations or links to third-party websites, services, or applications ("Third-Party Services"). We do not control, endorse, or assume responsibility for any Third-Party Services.
13.2 Use of Third-Party Services
Your use of Third-Party Services is at your own risk and subject to the terms and conditions of the third-party provider. We are not responsible for any loss or damage arising from your use of Third-Party Services.
14. Disclaimers
14.1 No Warranty
The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14.2 No Guarantee
- The Services will meet your requirements or expectations.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
- Any errors or defects in the Services will be corrected.
15. Limitation of Liability
15.1 Exclusion of Certain Damages
To the maximum extent permitted by law, in no event shall The Kaezn Academy, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the services.
15.2 Limitation of Liability
In no event shall the aggregate liability of The Kaezn Academy exceed the amount you have paid to us for the services in the twelve (12) months prior to the claim.
15.3 Exceptions
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
16. Indemnification
You agree to indemnify, defend, and hold harmless The Kaezn Academy, its affiliates, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of or access to the Services.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property or privacy rights.
- Your User Content.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
17. Termination and Suspension
17.1 Termination by You
You may terminate your account at any time by contacting us or through the account settings. Upon termination, you will no longer have access to the Services, and any data associated with your account may be deleted, subject to our data retention policies.
17.2 Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause or notice, for reasons including but not limited to:
- Violation of these Terms or any policies.
- Non-payment of fees.
- Compliance with legal requirements.
- Security concerns or suspected unauthorised access.
17.3 Effect of Termination
- All rights granted to you under these Terms will cease.
- You must cease all use of the Services.
- Any provisions of these Terms that by their nature should survive termination will survive.
18. Data Retention and Deletion
18.1 Retention Period
We will retain your personal data and User Content for thirty (90) days after termination of your account. This retention period allows you to reactivate your account if desired.
18.2 Deletion
After the retention period, we will permanently delete your personal data and User Content, unless we are required by law to retain it longer. Backup copies may persist for a limited period but will be purged in accordance with our data deletion policies.
18.3 Data Retrieval
Before terminating your account, you should retrieve any data or User Content you wish to retain. We are not responsible for any loss of data resulting from the termination or deletion of your account.
19. Modifications to the Service and Terms
19.1 Changes to Services
We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
19.2 Changes to Terms
We may update these Terms from time to time. When we make material changes, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms.
20. Governing Law and Dispute Resolution
20.1 Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
20.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be resolved by arbitration administered by the Chartered Institute of Arbitrators under its rules. The arbitration shall be conducted in London, England, in the English language. The arbitrator's decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.
21. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
22. Entire Agreement
These Terms, along with our Privacy Policy, Cookie Policy, and any additional agreements you may enter into with us, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
23. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing to be effective.
24. Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms or any rights or obligations under these Terms at any time without your consent.
25. Notices
All notices or other communications required or permitted to be given under these Terms shall be in writing and delivered to:
The Kaezn Academy Limited
Enterprise House, Ocean Way
Southampton, Hampshire
United Kingdom, SO14 3XB
Email: hello@thekaeznacademy.com
26. Electronic Communications
By using the Services, you consent to receive electronic communications from us, including emails, texts, and notices posted on the Services. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
27. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
28. Feedback
We welcome your feedback, comments, and suggestions for improvements to the Services ("Feedback"). You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works from your feedback for any purpose.
29. Language
These Terms are provided in English. If we provide a translation of these Terms, the English version will prevail in the event of any conflict between the English version and the translated version.