Terms and Conditions
SERVICE TERMS - COGNOPIA DATA CONSULTING
Cognopia’s Data Consulting services are provided remotely via GoToMeeting or Google Hangouts. Recordings are available on request for clients.
Attendees who intend to participate in the session online are advised to arrange an internet connection of 10MPS or more, for both upload and download. A set of earphones with a microphone pickup is required. A web camera to share a video feed of yourself is recommended.
Consulting services have a 3-week Lead Time, during which time we will run discovery surveys with the participants that will be used to customise the content delivered. Completion of the surveys forms part of the engagement and the results are used to guide and improve the content delivered during and after the engagement.
The fee is payable upon acceptance of the quote, in full, and inclusive of all pre-consulting preparation and engagement, and all post-engagement materials. Fees are non-refundable once paid.
Payment is via Direct Bank Transfer or Credit Card.
SERVICE TERMS - COGNOPIA DATA TRAINING
Cognopia’s Data Training services are to be taken by participants enrolled in the Cognopia Academy.
They may include live, online training or follow up where specifically stated in your quotation. Any live, online engagements are provided remotely via GoToMeeting or Google Hangouts. Recordings are available on request for clients.
In some instances, we may need to run surveys or pre-training questionnaires to establish your existing level of knowledge and experience. This will be communicated to you by the host ahead of any training engagement.
The fee is payable upon acceptance of the quote, in full, and inclusive of all pre-training preparation and engagement, and all post-engagement materials. Fees are non-refundable once paid. Access to the Cognopia Academy materials and scheduling of any live, online sessions will only occur once payment has been received.
Payment is via Direct Bank Transfer or Credit Card.
SERVICE TERMS – ONLINE DATA MANAGEMENT MATURITY ASSESSMENT
Cognopia’s Online Data Management Maturity Assessment is designed to be a quick method to provide an organisational benchmark for your current state of Data Management maturity only.
Cognopia accepts no responsibility for, nor makes no warranties over any recommendations provided as part of the Online Data Management Maturity Assessment.
Cognopia is not liable for any damages arising in contract, tort or otherwise from the use of or inability to use this site, assessment, report or any material contained in it, or from any action or decision taken as a result of using the site, assessment or report.
The materials and recommendations on this site, assessment and/or report comprise Cognopia’s views; they do not constitute legal or other professional advice. You should consult your professional adviser for legal or other advice.
The report is provided to the email address supplied during the online Quiz only. The report is provided in email format. It is the end-users responsibility to ensure the email is only distributed to those that ought to have access to the content.
CONFIDENTIALITY
Each of the parties receiving information in connection with the services (the “Recipient”) agrees to take reasonable precautions to ensure that it does not disclose to any third party, any information that the disclosing party (the “Discloser”) identifies as confidential or which the Recipient could reasonably be expected to know that the Discloser would regard as confidential in nature about its business, plans, clients, customers, suppliers, products, services, know-how, methodologies and employees (the “Confidential Information”), unless the Recipient first obtains the Discloser’s consent. Both parties agree that any Confidential Information shall only be used for the purposes of providing or receiving Services.
The Recipient’s obligations will not apply to information (including know-how) which: is or becomes generally available to the public, other than as a result of a breach of this Agreement; or is acquired from a third party without any confidentiality obligation to the Discloser that is known to the Recipient; or is or has been independently developed by the Recipient or was known to the Recipient prior to receipt (other than in relation to Services previously provided to you by us).
The Recipient will be entitled to disclose information to its respective insurers, legal or other professional advisers if necessary in connection with the services or to a third party to the extent that this is required by any court of competent jurisdiction or by a governmental or regulatory authority.
If Cognopia has entered into a dedicated confidentiality agreement with you, the client, then the terms and conditions held within that agreement supersede the terms on this page.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://cognopia.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Singapore, and in other locations as determined by our hosting provider. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.
GENERAL TERMS AND CONDITIONS
Cognopia provides the services in a professional manner with reasonable skill and care. We will assign to the provision of the services personnel who, in our reasonable opinion, have appropriate experience to perform the tasks assigned to them.
Your fee may include costs for Travel and Expenses. Where this is the case, they will be clearly highlighted in the Quote, or agreed with you before booking. Travel and Expenses costs are charged at actual, with Flight bookings in Business Class and Hotels bookings in a reputable hotel of a reasonable Business Quality. A per diem rate will be agreed and quoted where appropriate, using industry-standard rates.
All Quotes are provided in USD, unless otherwise stated.
Your name and/or logo may be used by Cognopia in Marketing communications, materials or other promotions. Should you wish to opt-out of this clause you may do so by providing written notice to Cognopia.
Cognopia holds Professional Indemnity Insurance and can provide a copy of the Insurance Certificate on request.
Cognopia will not be liable for any indirect or consequential loss, loss of profit (whether based on contract, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with this agreement.
We reserve the right to employ sub-contractors and other third parties to assist us in providing any part of the services. Any reference to us in these clauses includes our sub-contractors or other third parties engaged by us to assist in the provision of the services. We will remain solely responsible to you for the provision of the services, subject to the terms on this page, which we reserve the right to amend from time to time.
Neither party will employ or approach personnel (including sub-contractors) of the other party involved in the performance of the services with the intention of employing them within 12 months following the delivery of the services, without the written consent of the other party.
Any disputes under this agreement will be heard under Singapore Law, in the English Language.
DISCLAIMERS
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
THIRD-PARTY SITES
This Site may contain links to websites controlled, owned, or operated by third-party entities, organisations or people (the Third Party Sites). Links to Third Party Sites on the Site are provided solely for your convenience. If you use these links, you leave the Site.
We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. Cognopia, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.
“Usage Information” means the information we record about your usage of, and interactions with, the Websites or the Cognopia Services, including actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, and other feature usage information.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.