Terms and Conditions

Terms & Conditions

By accessing this website (www.kadamey.com) you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws where you are. The materials contained in this website are protected by applicable copyright and trademark law. This agreement applies as between you, the User of this Website (as the Director/Agent of the business and/or your authorised users) and The Oak Rooms Ltd t/a kadamey, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that kadamey.com makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the {{school.company_name}} proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located at Oak House Oak Road, Halstead, Essex CO9 1LX;

"System": means any online communications infrastructure that kadamey.com makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by kadamey.com and acting in the course of their employment;

"Website": means the website that you are currently using ({{school.url}}) and any sub-domains of this site (e.g. school.kadamey.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means kadamey.com, a company incorporated in United Kingdom by Angela Adnrea t/as kadamey, of Oak House, Oak Road, Halstead, Essex, CO9 1LX

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of kadamey.com, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of kadamey.com or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site kadamey.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at admin@kadamey.com

9. Authority & License

9.1 We authorise you and your Authorised Users to have access to our content and materials in accordance with your chosen product or Subscription option and for which You agree to pay us the Fee.
9.2 This Agreement (including the licences hereunder) starts on the Start Date of your purchased product or subscription and ends on the first of the following events: a) the end of the Subscription Notice Period (unless terminated otherwise in accordance with these terms and conditions) or b) termination of this Agreement (again, in compliance with these terms and conditions)
9.3 For the avoidance of doubt, the start date of your subscription commences on the date of purchase unless otherwise stated in the Clause specific to the service you purchased found within these terms and conditions.
9.4 We hereby grant you on the basis of these terms and conditions a non-exclusive, non-transferable licence to access our material and content solely for your business purposes (and for the avoidance of doubt, nothing in these terms grants to you any rights whatsoever in or relating to the source code of the Software or any Intellectual Property Rights).
9.5 We confirm that we have all the rights in relation to the software, material and content that are necessary to grant all the rights we purport to grant under these terms and conditions.
9.6 You may search, view, copy and print out material from our website(s) for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us

10. Use of Communication Facilities

10.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of kadamey.com or Our affiliates; and
10.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
10.2 You acknowledge that kadamey.com reserves the right to monitor any and all communications made to Us or using Our System.
10.3 You acknowledge that kadamey.com may retain copies of any and all communications made to Us or using Our System.
10.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

11. Accounts

11.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11.5 A subscription is sold on a per person and/or per location basis, if you are a multiple location provider you MUST purchase a subscription for each location individually, failure to do so is a breach of this contract.
11.6 If you are a multiple location provider, only the locations that have their own subscription plan with us may access this site and/or use any of our methodology, content or materials.
11.7 .You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with Your username and password.

12. Termination & Cancellation of Accounts

12.1 Either kadamey.com or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
12.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12.3 Upon termination of your account by us you will no longer have access to any areas of the website not deemed as PUBLIC and will lose access to any and all courses, coursework or any other materials contained within a course and or/subscription.
12.4 Upon cancellation of your account by YOU, you will have access to courses and/or any subscription services included in your course/subscription for the remainder of your payment month.
12.5 At the end your final payment period, you may no longer use, download, copy, reference or distribute in any form or medium any and all resources, materials, course information, monthly content etc under any circumstances. You may not claim in any marketing to be using kadamey resources, the kadamey name and you will be removed from our provider list
12.6 If you joined at a discounted rate and terminate and at any point after termination is received, you will have to re-join and pay the rate published at that time.

13. Services, Pricing & Availability

13.1 Whilst every effort has been made to ensure that all general descriptions of Services available from kadamey.com correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
13.2 Where appropriate, you may be required to select the required Plan of Services.
13.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

14. Orders & Provisions of Services

14.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between kadamey.com and you.
14.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
Confirmation of the Services ordered including full details of the main characteristics of those Services;
14.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
14.2.3 Relevant times and dates for the provision of the Services;
14.2.4 User credentials and relevant information for accessing those services.
14.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
14.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
14.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
14.6 kadamey.com shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
14.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
14.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
14.9 kadamey.com provides technical support via our online support forum and/or phone. Kadamey.com makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14.10 The materials appearing on kadamey.com website could include technical, typographical, or photographic errors. The kadamey.com does not warrant that any of the materials on its website are accurate, complete or current. kadamey.com may make changes to the materials contained on its website at any time without notice. However, kadamey.com does not make any commitment to update the materials.
14.11 Should you choose to cancel your subscriptionbefore the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds.
14.12 Payment is due at the point of sale and, where appropriate by monthly or periodic credit card or direct debit payment thereafter.

15. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from kadamey.com. If you need to speak to us about your Order, then please contact customer care by email at admin@kadamey.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

15.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between kadamey.com and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: admin@kadamey.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
15.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
15.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete. As you are accessing a totally digital resource, you have no right to a refund during this 14 day period as services will have been fully performed.
15.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
15.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
15.4 You are purchasing a monthly (30 days) rolling subscription service, you may cancel this service at any time through your membership account area. You will continue to have access to your membership area for any remaining time left on the subscription month in which you cancel.

16. Privacy

Use of the Website is also governed by Our Privacy Policy (see page on this website) which is incorporated into these Terms and Conditions by this reference.

17. How we use yur personal data (Data Protection)

17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Services to you;
17.2.2 Process your payment for the Services; and
17.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

18. Disclaimers

18.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services or that it is OFSTED compliant.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18.5 In no event shall kadamey.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if kadamey.com authorised representative has been notified orally or in writing of the possibility of such damage.
18.6 The content provided and delivered to you has been developed from our experience and expertise. However, we do not give any guarantee or promises or warranty with regard to the results, sales or profits that you will see from putting into practice the techniques and strategies that we teach or support you to implement. Lots of factors will impact the results you get including the time and effort put in, your past experience, skills and reputation.
18.7 You agree that the decision to purchase your Subscription and/or course(s) has been taken solely on the basis of your personal judgement and that no representation, warranty, inducement or promise, express or implied, has been made by kadamey.com or relied upon by you in purchasing the Subscription(s). No oral or written information or advice given by any of our team will supersede this agreement. You assume sole responsibility for results obtained from the use of our content and for conclusions drawn from such use.

19. Changes to the facilities and these Terms & Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

20. Availability of this website

20.1 The Website is provided “as is” and on an “as available” basis. Kadamey.com uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21. Limitation of Liability

21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts kadamey.comliability for death or personal injury resulting from any negligence or fraud on the part of kadamey.com.
21.3 We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.
21.4 We will not be liable for any amount in connection with this agreement in excess of the amount paid to us in Monthly Fees during the three-month period prior to the date the action arose.
21.5 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21.6 We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
21.7 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
21.8 We shall have no liability for the performance of any businesses other than kadamey.com. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them. Just because a business is a member of kadamey.com. for instance, doesn’t mean that they are any good or that they maintain the same high values and ethics as we do.
21.9 We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, or inclement weather conditions
21.10 Nothing in these Terms and Conditions excludes or restricts kadamey.com's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

22. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Third Party RIghts

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and kdamey.com.

24. Communications

25.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to admin@kadamey.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Assignment of Rights

26.1 All of The Company’s rights under these terms may be assigned, transferred or otherwise dealt with by the Company and will inure to the benefit of Kadamey.com's successors and assignees.
26.2 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations
26.3 If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
26.4 These terms and conditions represents the full agreement between the parties and replaces and/or supersedes anything that precedes it.
26.5 These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing on our website.
26.6 You acknowledge and agree that in entering into your Subscription you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person other than as expressly set out in these terms and conditions.
26.7 Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.

26. Law & Jurisdiction

These Terms and Conditions and the relationship between you and kadamey.com shall be governed by and construed in accordance with the Law of England and Wales and kadamey.com and you agree to submit to the exclusive jurisdiction of United K