Terms and Conditions
IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE COGNISESS SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
 
Acceptance of Terms – Use of our websites and applications
 
Please read the following Website Terms and Conditions, which relate to information regarding general use of our websites. By using our websites, you are agreeing to these Terms and Conditions whether as a guest, registered user or subscriber.
 
Welcome to the Cognisess service, website or mobile application (collectively, the “Service”). Your use of the Service is subject to these Terms of Service and Cognisess’s Privacy Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between You and Cognisess, Inc. (“Cognisess”), a UK-based Limited Company, for use of the Cognisess service. “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. Cognisess reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
 
DESCRIPTION OF SERVICE
 
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a Cognisess Account. “Cognisess” referred to herein means an online training and assessment tool that allows for candidate and employee services. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, Cognisess grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
 
A “Cognisess Account” or “Account” referred to herein means a service, web site, or mobile application, provided by Cognisess, where You may use Cognisess to create, update, share, and publish information, data, text, messages or other materials (“User Content”).
 
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
 
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Cognisess, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Cognisess for use in accessing the Service. Cognisess will provide the Service in accordance with this Agreement. Cognisess may at its sole discretion modify the features of the Service from time to time without prior notice.
 
By using our sites and applications you are indicating you accept these terms of use and that you agree to abide by them. From time to time we may change these Terms and Conditions, and will post revisions on this website. We recommend that you read these Terms and Conditions prior to using our sites and thereafter regularly review any changes and you are responsible for doing so.
 
If you have purchased a licence, subscription or otherwise entered into an agreement with us (for example as a Subscriber) you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated on the relevant website.
 
REGISTRATION
 
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Cognisess with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Cognisess of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Cognisess cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Cognisess assumes no duty to verify such information as further detailed in these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Cognisess has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cognisess has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). Cognisess may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
 
BILLING/PAYMENT TERMS
 
Additional groupings of features may be added to the Service and made available to You as a paid upgrade (“Paid Plan”). If You choose to subscribe to a Paid Plan, You shall pay fees (described below) to Cognisess. Upon selection of a Paid Plan, You will provide Cognisess with the necessary billing information (“Billing Data”).
 
Credit cards are the only payment mechanism Cognisess will accept for payment of a monthly or yearly subscription fee (“Subscription Fee”) for a Paid Plan. All currency references are in U.S. dollars, GBP and Euros, Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee.
 
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify Cognisess if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Cognisess may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
 
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that Cognisess may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation” and “Refund”). If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that Cognisess may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the “Termination, Breach, Suspension and Cancellation” and “Refund” sections of these Terms of Service). Cognisess will contact You via electronic mail to alert You upon each charge. Cognisess may change prices at any time without prior notice, but will endeavour to provide reasonable advance notice via the Cognisess website and/or electronic mail. You agree that in the event Cognisess is unable to collect the fees owed to Cognisess for Your Account through Your Subscription Fee, Cognisess may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Cognisess in connection with such collection activity, including collection fees, court costs and legal fees.
 
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
 
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
 
If Your Subscription Fee payment is overdue, Cognisess will disable Your access to the features provided by the Paid Plan. Cognisess may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Cognisess may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Cognisess may also withdraw and at its discretion reallocate the public web address of Your Account.
 
If You terminate Your Account, via means provided for cancellation on the Cognisess website, or via telephone call or electronic mail to Cognisess, and You request that Cognisess delete Your User Content and files contained in Your Account, Cognisess will make all reasonable efforts to do so.
 
GENERAL PRACTICES REGARDING USE AND STORAGE
 
You agree that Cognisess has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Cognisess may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Cognisess retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
 
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Cognisess or any other third party, except with the prior written consent of cognisess or the appropriate third party.
 
INTERNATIONAL USE
 
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which You reside.
 
NO RESALE OF THE SERVICE
 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Cognisess.
 
CONTACT US
 
To contact Cognisess please use the following methods:
Cognisess, Customer Service Team, 14 New Bond Street, Bath BA1 1BE, United Kingdom
support@cognisess.com
 
GENERAL DISCLAIMER
 
The reports and scores are created using Cognisess’ online assessment platform. It contains information from one or more of Cognisess’ assessments.
 
The reports and feedback generated from the results of a questionnaire-based and/or an attribute testing suite engaged by the employee or applicant substantially reflect the answers made by that individual.
 
Consideration must be given to the subjective nature of questionnaire-based ratings and the possibility of other errors generated from aptitude testing methodologies.
 
Cognisess and its associated companies and partners cannot guarantee that the contents of this report are accurate or have not been altered by the computer system. We accept no liability for the consequences of the use of the results, scores, reports and other data modelling tools, including liability of every kind (including negligence) for its contents.
 
Cognisess and Cognisess content are not attempts to practice medicine or provide specific medical advice. Use of Cognisess does not establish a doctor-patient relationship. Any health information and links on Cognisess, whether provided by Cognisess or by contract from outside providers, is provided simply for your convenience.
 
Disclaimer of Warranties
 
In using this Site and its Services, you expressly understand and agree that:
The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and Services is at your own risk.
 
Cognisess disclaims all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
 
Cognisess makes no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
 
Any damage to your computer or loss of data that results from the use of the Site or Services, or from the download of any material will be your sole responsibility and is done at your own discretion.
 
No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.
 
Further, Cognisess makes no warranty or condition that:
– The Services will meet your requirements
– The Services will be uninterrupted, timely, secure or error-free.
– The results that may be obtained from the use of the Services will be accurate or reliable
– The quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations
– Any errors in the software will be corrected.
Full terms of service can be found at www.cognisess.com