The licences granted herein do not confer on you any rights to use “CognaLearn”, “InteDashboard”, or any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Services, whether registered or unregistered (collectively “Trade Marks”), all of which are and remain the property of CognaLearn or our licensors whether registered or not.
USER CONTENT & PERMISSIONS
As a part of the Services, you may participate in, set up and contribute to discussions, publish material including readiness assurance tests, quizzes or applications, interact with or communicate with the other Users and post comments, opinions, and other content or communications, or other material (collectively, “User Content”). Your User Content belongs to you.
You represent that you have all necessary right, power, and authority to use the Services and share User Content and will comply with all applicable laws when doing so.
SHARING YOUR CONTENT AND USING THE SERVICES
Our Services let you share User Content and interact with others, so please be thoughtful about what you share. By using the Services, you agree to do so responsibly and to not misuse the Services or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Services (collectively, “Prohibited Uses”):
store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content (except as necessary for legitimate instructional purposes, but in all cases in compliance with applicable laws and regulations);
modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
harm, harass, threaten, or impersonate any person or violate the rights of any third party;
probe, scan, or test the vulnerability of any system or network;
interfere with or disrupt the integrity or performance of the Services;
attempt to gain unauthorized access to the Services or its related systems or networks;
introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Services;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
promote or advertise products or services other than your own without appropriate authorization;
sell or re-sell the Services unless specifically authorized to do so;
copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services unless specifically authorized to do so;
remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to CognaLearn in any way;
use the Services with proprietary or confidential information because the Services may use transmissions over the Internet which are never 100% completely private or secure;
use the Services is manner for which it is not intended or suitable such as situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Services or the Services Functions could lead to death, personal injury, or otherwise result in significant financial loss or business interruption;
violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating or violating intellectual property, confidentiality, or privacy rights; or
use or attempt to use another User’s account or personal data.
You will be required to register for an account in order to use the Platform.
only provide accurate and current information about yourself;
maintain the security of your passwords and identification;
promptly update the email address listed in connection with your account to keep it accurate so that we can contact you; and
be fully responsible for all uses of your account.
You must not set up an account on behalf of another individual or entity unless you are expressly authorized by that other person or entity to do so.
You agree and acknowledge that: it shall be your sole responsibility to, at your own cost: obtain all necessary hardware, software and communications services necessary for your use of the Services; install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the Services; and make back-ups of data or other content posted via the Services, as these may be subsequently deleted by us or our service providers at any time without notice to you.
If you are an Institutional User, the licence fee payable by you to us shall be set out under a separate agreement to be entered into between us.
If you are an Individual User with a student payment model, the licence fee payable by you to us for the use of the Platform will be communicated to you at the time for initial login.
All payments by Users to us must be made in full without any withholding, deduction or set off whatsoever, via bank transfer or cheque, or such other mode of payment as we may prescribe in writing from time to time at its sole and absolute discretion. Where you are required by law to make any deductions or withholding from any sum payable by you to us, you shall forthwith pay to us such additional amount or amounts so as to ensure that the net amount received by us shall be equal to the full amount which it would have received had no such deduction or withholding been made or required to be made.
User Content is not moderated by us. We are not responsible as author, editor or publisher of any User Content or content provided by any other parties and made available via the Platform or the Website, or through any of the functions provided on the Services. We do not have control over User Content, nor do we routinely monitor such content and we do not make any representations or warranties as to the veracity or accuracy of such content.
You further acknowledge and agree that any use or reliance by you of any User Content is entirely at your own risk. CognaLearn does not verify and is not in a position to verify any party’s rights to submit any content on the Services, and CognaLearn takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same.
THIRD PARTY SITES AND LINKS
Users as well as CognaLearn may provide links to third party sites (e.g. articles). We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, CognaLearn shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
If you believe that your copyright material has been copied in a way that constitutes copyright infringement, please provide written notice to us with full details as prescribed in Part IXA of the Singapore Copyright Act, Cap 63, to be submitted to our designated representative, as follows: firstname.lastname@example.org.
Upon receipt of a compliant notice of infringement, CognaLearn may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.
TERMINATION / SUSPENSION
SERVICE “AS IS”
COGNALEARN AND ITS PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE SERVICES IS ACCESSED AT YOUR OWN RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY ABSOLVE AND RELEASE COGNALEARN FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COGNALEARN’S CONTROL.
YOU FURTHER AGREE THAT IN NO EVENT SHALL COGNALEARN AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT COGNALEARN OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, COGNALEARN AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY COGNALEARN FROM YOU AS A RESULT OF YOUR USE OF THE SERVICES IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, COGNALEARNS’S SOLE AND EXCLUSIVE LIABILITY SHALL BE NO MORE THAN US$50.