School Solution Learning App

TERMS AND CONDITIONS

Latest updated on 15th November 2020

User Policy

Welcome to Cogna, a single solution for all stakeholders of the learning ecosystem helping teachers and students to achieve better learning outcomes. Cogna is developed and managed by Insightus Technologies Pvt Ltd. By using Cogna, you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary.

Changes to Cogna's terms and conditions

Insightus Technologies Pvt. Ltd. reserves its right to modify or terminate the Cogna product Or service for any reason, without prior notice, without liability to the user or any other members or third party or schools. Insightus Technologies Pvt. Ltd. also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.

Eligibility, Registration And Access

The decision to grant access to the services of Cogna is the prerogative of the Insightus Technologies Pvt. Ltd. and its decision in this respect shall be final and binding on the proposed user. The user consents that Insightus Technologies Pvt. Ltd. reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions of the present agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this agreement. In order to use the service, the user must obtain access to the World Wide Web (Internet), and pay for the service fees associated with such Internet access. In addition, the user must have all equipment necessary to make such connection to the World Wide Web (Internet), including a smart phone or tablet or computer or modem or other access devices; that do not form a part of the Cogna's service.

Terms of service

Access Security And Password

The user might receive a password and account details upon completing the service's registration process. The user undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Cogna or Insightus Technologies cannot and will not be liable for any loss or damage arising from the user's failure to comply with the terms and conditions of this agreement. The user should always remember to LOG OFF COMPLETELY from Cogna, if he is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.

User Conduct And Prohibited Acts

The Cogna product or service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of the Company. The Company reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the Cogna product or services for any purpose.

Other examples of illegal or unauthorized uses include, but are not limited to:

User Content

Certain elements of the Cogna learning app and school solution and www.Cogna.in will contain material submitted by users. Insightus Technologies Pvt. Ltd. accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.

Proprietary Rights

User acknowledges that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents and programs shall continue to vest with the Insightus Technologies Pvt. Ltd. at all times. The student/parent/school shall not have the right to claim any rights over the Intellectual Property in the programs by virtue of them purchasing such programs. Further, under no circumstances, shall the student/parent/school acquire the right to make copies. The user acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent/school from any such breach, threatened or actual. Except as expressly authorized by Insightus Technologies Pvt. Ltd. user or school agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Cogna service / platform, in whole or in part.

Disclaimer

User expressly understands and agrees that:

Limitation Of Liability

Under no circumstances will Insightus Technologies Pvt. Ltd. be liable to the user for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Cogna platform / product / service, whether or not Insightus Technologies Pvt. Ltd. has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Cogna product / service, from inability to use the Cogna platform / service, or from the interruption, suspension, or termination of the Cogna platform / service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Insightus Technologies Pvt. Ltd. be liable to the user for any amount exceeding one hundred rupees.

Indemnity

The user agrees to indemnify and hold Insightus Technologies Pvt. Ltd., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the user submits, posts or transmits through the service, the user's use of the Service, the user's connection to the Service, the user's violation of the ToS, or the user's violation of any rights of another.

No Resale Of Service

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Modifications To Service

Insightus Technologies Pvt. Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The user agrees that Insightus Technologies Pvt. Ltd. shall not be liable to the user or school or to any third party for any modification, suspension or discontinuance of the Cogna product / platform / service.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts at New Delhi, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

Refund and Cancellation Policy

No refund or cancellation is permitted once the user has completed a transaction at student.cogna.in or through bulk user subscriptions by the school management or any other sales partner for any subscription package.

At Cogna, the subscription plan expires as per the validity suggested at the time they are purchased.

The subscription price will be made clear to you on our sign up pages or otherwise during the sign up process and may vary from time to time. You agree to pay at the rates notified to you at the time of your sign up. Sign up to premium content on our app is generally for a year. We may however choose to offer quarterly or half-yearly payment options.