Cognavi Platform Terms of Use

Last updated: [21 September 2023]



These Cognavi Platform Terms of Use (“Terms of Use”) set forth the rights and obligations of Cognavi India Private Limited (“Cognavi”) and individuals who wish to use company information services and associated services which Cognavi provides through its website “Cognavi Platform”. The use of the Services is subject to acceptance of these Terms. You must have the legal authority to accept these Terms of Use and be at least Eighteen (18) years of age. Cognavi requests that you carefully read these Terms of Use before using the Services. If you continue to browse, access, and use the Services, you irrevocably and unconditionally agree to comply with, abide by, and be bound by all the obligations stipulated in the Terms of Use.
Please refrain from using the Services if you disagree with any of the conditions/terms enlisted in the Terms of Use.
These Terms constitute an electronic record within the meaning of the Applicable Law, including but not limited to in terms of the Indian Contract Act 1872, the Information Technology Act 2000, and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  • Article 1. Purpose of the Services

    The purpose of the Services inter alia is to provide an online platform for Users to search for job opportunities and related content (including third party links), create resumes, enter and submit job applications, and manage their profiles. In addition, the Services provide access to Cognavi’s proprietary artificial intelligence (AI) tools such as position matching AI and human AI to undertake soft skill scoring and personality insights tests (collectively referred to as “Cognavi AI Tools”) to assist Users in identifying job opportunities that align with their skills and qualifications.

  • Article 2. Definitions

    As used in these Terms of Use, the following terms have the following meanings unless otherwise specified.
    • “Applicable Law” shall mean all laws, statutes, regulations, bye-laws, binding codes of conduct and guidelines, whether local, national, international, or otherwise existing from time to time which are applicable to the person, act or activity in questions.
    • “Cognavi” refers to the web service and portal available athttps://students.cognavi.com/ that provides company information and associated services through the website operated by Cognavi.
    • “Entry or I’m Interested”, here in referred to as ‘Entry’ is one of the functions of the Services, which allows a User to express their willingness to apply for screening for a Job Post (as define below) listing on the Cognavi Platform. When “Entry or I’m Interested” is selected, personal information of the Entrant (as defined below) will be made available and visible to the Job Offeror.
    • “Entrant” refers to the User who has made an Entry to a Job Post (as defined below) using the Services.
    • “Job Offeror” refers to a person who makes a job offer or intends to make a job offer using the Services.
    • “User” refers to an individual who is registered as a Services user.
    • "Favourites" refers to one of the functions in Cognavi Platform whereby a Job Offeror expresses its interest in a User, or a User expresses its interest in a Job Offeror. The User is not required to respond to "Favourites" from a Job Offeror, but if the User responds to "Favourites" from a Job Offeror using the "Favourites" feature, this response will be treated as an entry. The effective period of the “Favourites” is the same as the period of placement of the relevant job offer. After the period has expired, the User becomes unable to make an application/entry for the relevant job offer via the Favorites.
    • “Job Seeker” refers to an individual who uses the Services for the purpose of finding a job.
    • “Candidate” refers to an individual for whom Cognavi makes a Document Recommendation or an “Entrant”.
    • “Resume Builder” is a function to support the preparation of application packages in accordance with job offer information based on the courses registered by Users and their skills and experiences.

  • Article 3. Application for Use and Acceptance

    • Individuals who wish to use the Services (“Individuals Wishing to Use the Services”) hereby represent and warrant that while registering on Cognavi Platform, it has accepted these Terms of Use and only upon agreeing to these Terms of Use it submits an application for the use of the Services to Cognavi. Individuals Wishing to Use the Services shall not make duplicate applications for the use of the Services, unless specifically requested to do so by Cognavi.
    • Individuals Wishing to Use the Services shall provide accurate and up-to-date information to Cognavi when applying for the use of the Services. If information regarding the Individuals Wishing to Use the Services or Users changes after an application for use of the Services is submitted, the relevant Individuals Wishing to Use the Services or Users shall promptly revise the information provided to Cognavi by the method designated by Cognavi.
    • If Cognavi approves the applications from the Individuals Wishing to Use the Services, Cognavi will give notice of approval to the Individuals Wishing to Use the Services by the method designated by Cognavi, and as of the time when such notice arrives at the Individuals Wishing to Use the Services, the Individuals are registered as Services users and an agreement on the use of the Services pursuant to these Terms of Use (“Services Agreement”) shall be formed between the Users and Cognavi.
    • When Cognavi judges to be inappropriate on reasonable grounds or when Individuals Wishing to Use the Services make an application for use in violation of these Terms of Use, Cognavi may reject such application made by the Individuals Wishing to Use the Services.
    • The decision to approve or reject an application of Individuals Wishing to Use the Services will be completely at Cognavi’s discretion. While taking such decision Cognavi will ensure that such decision is taken only on the basis of merit of the application of and not based on any religion, race, caste, colour, or gender.

  • Article 4. Provision of Documents

    • Users shall promptly provide the following documents when requested by Cognavi or Job Offeror: Government issued identification documents including name, address, and educational background of the User to identify and confirm that the User is a Job Seeker; and
    • Other certifications requested by the Job Offeror

  • Article 5. Assignment of an Account, a Log-in ID, a Password, etc.

    • If the Services Agreement is formed pursuant to paragraph 3 of Article 3, Cognavi shall assign its designated account, log-in ID, etc. to a User. Cognavi shall, unless otherwise permitted by Cognavi, assign one account and one log-in ID to a User, and a User may not obtain multiple accounts and log-in IDs.
    • Users shall manage, at their own expense and on their own responsibility, their accounts, log-in IDs, etc. assigned by Cognavi, and Cognavi shall have no responsibility for any damage incurred by Users due to leakage, identity theft, etc. Users may set their passwords for themselves and may change the passwords from time to time.
    • Users shall not allow their accounts, log-in IDs, passwords, etc. to be used by a third party or make a disclosure, etc. of them to a third party. Any act done with Users’ accounts, log-in IDs, passwords, etc. shall be deemed to have been done by Users, and Users shall assume full responsibility for the consequences of such acts.
    • If Cognavi judges that a User is, or is suspected of being, in violation of the preceding paragraphs, Cognavi may suspend or terminate the User’s access to all or part of the Services.

  • Article 6. Provision of Services by Cognavi and Use of the Services by Users

    • Users may use the Services’ functions, such as viewing Job Offeror’s profile and Job Posts by Job Offerors, using Resume Builder and Cognavi’s AI Tools, and making an application entry, through the Services using their account, log-in ID, password, etc. Users may use part of the Service for free and use other functions with the prior understanding that they are fee-based Services.
    • Job Posts. All job listings/advertisements as provided on Cognavi are created by the respective Job Offeror (“Job Post(s)”). You agree and acknowledge that Cognavi does not have any control over the contents of such Job Posts, links to or from a Job Offeror, or any terms and conditions that a Job Offeror may impose on the Entrant. Cognavi cannot confirm the accuracy or completeness of any Job Post or other information submitted by a Job Offeror. Cognavi assumes no liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Posts or other information submitted by any Job Offeror. If you notice any inaccuracy in the Job Posts, it is your responsibility to inform Cognavi as soon as possible. It may take a few business days for Cognavi to update the inaccurate or incorrect information forming part of a Job Post.
    • Third party links. Cognavi Platform may include URL links made to the other websites or services, allowing you to leave the Cognavi Platform and visit web pages not controlled or operated by Cognavi (“Linked Sites”). Cognavi is not responsible for your access and use of the Linked Sites (or any other weblink or URL embedded in them) in any manner. Unless otherwise expressly and explicitly indicated, Cognavi does not endorse any such Linked Sites or the information, material, product, or services contained on or accessible through the Linked Sites. Cognavi makes no express or implied warranties about the information, material, 4 products, or services on or accessible through Linked Sites. Access and use of the Linked Sites, including the information, material, and services on Linked Sites or available through Linked Sites, is solely at your own risk.
    • If you are a Job Seeker, then Cognavi may share with you Job Posts or highlight to you a Job Post which may be suitable for you. Sharing or highlighting Job Posts do not mean you are or are not qualified for the Job Post or that you should or should not apply for it. Becoming an Entrant for such Job Posts does not guarantee job interviews or hiring.
    • You understand that Cognavi is not obligated to show you any Job Posts. Cognavi may at its sole discretion, include or remove a Job Post. Cognavi, at its own discretion, may change or modify the user experience and user interface of Cognavi and, in the process, add new features or filters and list some Job Posts before others.
    • Cognavi does not guarantee that applying through Cognavi Platform to a Job Post will lead to a better job application experience, a job interview, or a job.
    • Please note that Cognavi does not select the qualification criteria of a Job Post or the questions that the Job Offeror may pose to an Entrant. Job Offerors are solely responsible for compliance with all Applicable Laws while making a Job Post or a job offer.
    • Cognavi does not guarantee the validity of a Job Post and cautions Job Seekers to verify the validity of a Job Post.
    • Cognavi AI Tools. As part of the Services, Cognavi allows you to use the Cognavi AI Tools. These Cognavi AI Tools function entirely on the data or information you provide. Therefore, you are responsible for providing accurate and correct information while using Cognavi AI Tools. These AI Tools are provided to enhance and aid your job seeking and job application process. Please note that the Job Offeror’s decision to select your job application, resume or Application is completely at the Job Offeror’s discretion, and Cognavi does not exercise any control over the Job Offeror’s decision in any form or manner.
      Cognavi AI Tools are provided to assist and aid you, and any outputs or results provided by Cognavi AI Tools shall be relied upon only on your own discretion and diligence. Any information or advice provided by Cognavi AI Tool shall not be considered professional advice including medical advice. Cognavi assumes no responsibility and disclaims all liability for any decisions, actions, or inactions you undertake based on your reliance on Cognavi AI Tools.

  • Article 7. Registration of User Information

    • Users shall register with the Services the information necessary to use the Services.
    • Users agree that the information registered with the Services (including, but not limited to, personally identifiable information such as the name and personal history of the User, and the information created by the Resume Builder, hereinafter “User Information”) may be used for other services provided by Cognavi.
    • When entering the information necessary to use the Services, Users shall warrant that the information does not infringe upon the intellectual property rights of any third party, and that Cognavi’s use of the registered information pursuant to these Terms of Use does not infringe upon the intellectual property rights of any third party.
    • Cognavi may propose/suggest an Entry to the Job Offer and provide other information to the User in consideration of the User Information and the content of the recruitment of the Job Offer, and the User shall agree to the foregoing in advance.

  • Article 8. Provision of Information to Job Offerors

    • The User shall agree in advance that the User Information shall be provided to the Job Offerors. The Job Offerors can browse and search the User Information using the Favorites, or send a message to the User individually.
    • Pursuant to the preceding paragraph, all Job Offerors who use the Services are entitled to view the User Information. Cognavi does not disclose, and is not obligated to disclose to Users, a list of available Job Offerors who have access to the User Information. Nor can the User selectively prevent certain Job Offerors from viewing User Information.
    • The User shall agree in advance that Cognavi will provide information about the User to Job Offerors in light of the User Information and the content of the recruitment, regardless of whether the User has made an Entry of such Job Offeror or not.
    • The Job Offeror may ask the Entrant to voluntarily disclose certain demographic information, such as the Entrants’ race, ethnicity, sex, disability, and/or veteran status, along with the job application. Cognavi is not responsible for the collection of such information or data, please contact the Job Offeror directly in case you wish to not disclose any such information or require any clarifications in this regard.
    • If the User wants to stop providing Job Offerors with the User Information, the User must care@cognavi.com

  • Article 9. Provision of Information to Universities

    • The User shall agree in advance that if the User is enrolled in a university or a college or any other educational institute (“Institute”) and such Institute uses the Service, the User Information and the use status of the Service shall be provided to the Institute where the User is enrolled.
    • Only the university where the User is enrolled may view the User Information pursuant to the preceding paragraph. Universities view and use the User Information for the purpose of managing and supervising the employment activities of their students.
    • If the User wants to stop providing the Institution with the User Information, the User must write to care@cognavi.com.

  • Article 10. Resume Builder Function

    • Cognavi analyzes a User’s skills, job requirements, etc., and supports the User to create an resume/job application (“Application”) that corresponds to a Job Post information using the Resume Builder function. However, if the User or the Job Offeror does not enter the items required for the Resume Builder to support the creation of a suitable Application, the Resume Builder function may not work properly or may not be able to provide the desired outcomes. To understand how the Resume Builder functions and to understand that specific functions of the Resume Builder please visit https://dpt.cognavi.com/.
    • The Resume Builder is a function that supports the creation of application packages and does not guarantee the accuracy or truthfulness of the created application packages. Users are responsible for using the Resume Builder and are required to thoroughly check the content of the application package created by the Resume Builder before submitting it to the Job Offeror.
    • The Application created by the Resume Builder is given a URL and published online by setting “Published”. As long as the User does not set a password by using the function of the Resume 6 Builder, anyone can access and browse the Application by entering the URL on a browser. Even after the Application is published, the User can make it private via the settings on the Resume Builder. By using the Resume Builder, the User gives his/her prior consent to having the Application created by the Resume Builder to be published online, and it is the User’s responsibility to set a password for access to the system housing the Application and to use said settings to control whether or not they will be published or remain private. Please note that, while you may change your privacy settings and set a password for your Application, such action will not affect your previous applications or prevent Job Offerors you responded to previously from contacting you.
    • Applying for a Job Post or sharing your Application with Job Offerors may result in your Application or resume being copied or published even if it is password protected and is to remain private. Cognavi assumes no responsibility and disclaims all liability for your Application or resume information that you share with Job Offeror or otherwise make public.
    • Cognavi may also provide feedback to you on ways to build a more effective resume or an Application including by using its AI Tools. We will provide this feedback directly to you, and only you will have the ability to access the same through your account on Cognavi. You agree that your use of any feedback or other information provided by Cognavi is at your own discretion. Cognavi assumes no responsibility and disclaims all liability for any actions you take based on any feedback provided by Cognavi. Cognavi does not guarantee that any feedback provided by Cognavi will result into a job offer for you or a job interview.

  • Article 11. Entry, etc.

    • Users may make an entry for a Job Offeror using the Services.
    • You acknowledge that prior to making an Entry for a Job Post through Cognavi, you are responsible for reviewing and confirming that you are making any Entry for the right Job Post and the Job Offeror. Once an Entry is made by you, Cognavi does not have any control over such Entry and the information shared with the Job Offeror as part of the Entry.
    • By making an Entry to a Job Post, you provide consent to the Job Offeror to undertake a background check on you to check your credentials and validate the information submitted by you as part of your Entry and job application.
    • By making an Entry to a Job Post, you provide consent to the Job Offeror to undertake a background check on you to check your credentials and validate the information submitted by you as part of your Entry and job application.
    • The Cognavi Platform allows you to chat directly and submit Entries with the Job Offeror. However, we cannot guarantee that such messages and applications will be delivered, received, accessed, read, or acted upon by the Job Offeror.
    • Cognavi also does not guarantee that any Job Offeror will receive, be notified about, access, read, or respond to any Entry you make or information that you submit, such as your resume or other Application material, or that there will be no mistakes in the transmission or storage of the data.
    • A Job Post on the Cognavi Platform may expire between the time you make an Entry and the time the Job Offeror or we receive it. Cognavi has no responsibility for expired Job Posts or for delivering any applications for expired Job Posts.

  • Article 12. Charging of Service Fees, etc.

    • Users shall use the Services with the understanding that some of the Services may be available free of charge, but that other functions are paid services. In using paid services, Users shall agree to use an external payment service and to provide information, including personal information, necessary for the payment service to a third party.
    • Cognavi does not refund User’s fees. In the event that the User terminates the use of the paid service by the procedure prescribed by Cognavi, the use of the paid service shall be terminated upon the expiration of the period of use of such paid service, and the User may continue to use such paid service until the end of said period of use.

  • Article 13. Prohibited Matters

    • Users shall not commit any acts which fall or is likely to fall under the items below.
      • Violating laws, regulations, or public order and morality, or these Terms of Use
      • Committing a criminal act or act related to a criminal act
      • Facilitating discrimination in employment or damaging equal employment opportunities
      • Violating labor laws or regulations
      • Distributing obscene pictures or documents, or sexually offending another person
      • Committing an act which includes a falsity or error, or act which induces misleading representation about quality or facts
      • Cooperating in a Job Offeror’s illegal activities, such as concealing the fact of employment
      • Infringing the portrait right, privacy right, copyright, or other intellectual property rights of Cognavi, another User, or a third party
      • Transmitting a computer virus or other harmful computer program, or causing an excessive load on the Services or Cognavi’s networks, systems, etc.
      • Impersonating a third party by, for example, using another User's ID and password
      • Failing to respond to Cognavi’s notification without justifiable grounds
      • Using multiple accounts or login IDs
      • Causing a disadvantage to Cognavi, another User, or a third party
      • Interfering with the operation of the Services, or damaging the honor, credibility or image of Cognavi or the Services
      • Using the Services for any purpose other than job hunting or career change activities or company/industry research
      • Any other act which Cognavi judges to be inappropriate on reasonable grounds
    • If Cognavi judges that a User falls or is likely to fall under any of the items of the preceding paragraph, Cognavi may, without prior notice to the User, suspend his/her access to the Services, suspend his/her account, login, password, etc., and take other actions as specified by Cognavi. Cognavi shall have no responsibility for any damage incurred by the User as a result of such actions.
    • If, as a result of a User falling under any of the items of paragraph 1, a third party incurs damage or claims its rights on the ground that it may incur damage, it shall be settled by the User at his/her own expense and on its own responsibility. If Cognavi incurs damage (including, but not limited to, attorneys' fees and all expenses incurred in regaining its or the Services’ credibility, image, etc.), the User shall pay compensation therefor.

  • Article 14. Working Conditions

    • When a Job Seeker joins a Job Offeror, Cognavi confirms the outline of the working conditions, including job content and compensation. However, a Job Seeker shall, at its own responsibility, enter into an employment contract after confirming the working conditions directly with the Job Offeror and shall agree that the notified working conditions do not ultimately guarantee the details of the said employment contract.
    • A Job Seeker shall agree to use the Services with the understanding that any dispute that may arise with a Job Offeror regarding working conditions and other contract details shall be resolved in consultation with the Job Offeror at his/her own responsibility and expense.

  • Article 15. No Warranty and Disclaimer

    • Cognavi makes no warranty as to the accuracy and currency of the information about Job Offerors or the content of job offers, or any other information pertaining to Job Offerors.
    • Cognavi shall not scrutinize the content of the information provided by Users to Job Offerors, and Cognavi has no responsibility even if said information contains certain information which Users hope Job Offerors keep confidential.
    • Cognavi makes no warranty as to the results of the job hunting or career change activities made by Users through the use of the Service.
    • Cognavi does not warrant that the Services are as functional, accurate and useful as Users expect them to be and that the Services are free from bugs and other malfunctions.
    • If a dispute arises between a User and a Job Offeror or between a User and a third party in connection with the use of the Services, it shall be none of Cognavi’s concern and Cognavi shall have no responsibility for it, and it shall be settled by the User at its own expense and on its own responsibility.
    • If the provision of the Services is delayed or becomes difficult or impossible due to a natural disaster, network failure or any other cause not attributable to Cognavi, Cognavi has no responsibility for any of the damage suffered by Users as a result.
    • Cognavi Platform is provided by the Cognavi on an “as is” and “as available” basis. Cognavi makes no representations or warranties of any kind, express or implied, as to the operation of the Cognavi Platform, the content, materials, or Services included on or otherwise made available to you through the Cognavi Platform.

  • Article 16. Use of Usage History Data

    • Users shall agree in advance that in connection with their use of the Services, Cognavi may view or use User Information, records of Users' Services usage, correspondence between Users and Job Offerors, and other information required by Cognavi during and after the effective term of the Services Agreement. However, upon request from the User, the User Information and other information of the User will be deleted and the usage will be terminated.
    • During and after the effective term of these Services Agreement, Cognavi may reprint the information set forth in the preceding paragraph on websites, in newspaper advertisements, magazines, or other media in a non-personally identifiable form, and Cognavi may also reprint said information in media issued by business partners and mass communications in a non-personally identifiable form, and Users shall agree to such reprinting in advance.
    • If Cognavi views or uses information as described in the preceding two paragraphs, Cognavi shall handle such information with due care of a prudent manager in accordance with the applicable laws and regulations.

  • Article 17. Confidentiality

    • Cognavi and Users shall keep information regarding the Services and disclosed information designated in writing as confidential (“Confidential Information”) in confidence, shall not use the Confidential Information for purposes other than those for which it is disclosed, and manage it with due care of a prudent manager.
    • Neither Cognavi nor Users may disclose the Confidential Information to a third party except as permitted by laws and regulations. However, this does not apply to the following information:
      • Information which is already public at the time of disclosure;
      • Information which becomes public through no fault of the receiving party;
      • Information which is independently developed by the receiving party without reliance on the Confidential Information; and
      • Information which is lawfully disclosed by a third party.

  • Article 18. Cognavi’s Handling of Personal Information

    • Cognavi will receive Users' personal information in trust. With the following rules in place for the handling of the personal information, Cognavi is committed to its protection.
    • Cognavi will handle personal information for the following purposes of use:
      • To provide the Services;
      • To contact Users and answer their inquiries;
      • To check on Users’ Services usage status (including their employment records);
      • To identify Users in Cognavi’s business;
      • To provide questionnaire, campaign and other information in mail magazines, or by e-mail, regular mail, phone or the like; and
      • In addition to each of the above, to provide Cognavi’s services.
    • Cognavi may provide to Job Offerors the name, address, career history, and other information entered by Candidates. The Candidates shall not make objections in this regard.
    • Cognavi may outsource all or part of the handling of personal information to a third party if necessary to fulfill the purposes of use. In this case, Cognavi will choose a contractor which is considered to handle personal information appropriately, include matters necessary to prevent the leakage of the customer's personal information, etc., such as the proper management of personal information and confidentiality, in the agreement, etc. with the contractor, and cause the contractor to exercise appropriate management.
    • Cognavi may request Users to provide personal information in order to fulfill the purposes of use, but Users have the discretion to decide whether or not to provide such information. However, if necessary personal information is not provided to Cognavi, Users may not be able to use the Services or Cognavi’s other services.
    • Users have the right to demand that the purposes of use of personal information be notified or disclosed, the information be corrected, added to or deleted, its use be suspended, it be erased, and its provision to third parties be suspended.
    • Cognavi may make changes or amendments or the like to Users' personal information only with the consent of Users.
    • Cognavi may acquire personally unidentifiable attribute information from information provided by Users during the Services User registration process, etc. (limited to information which cannot be collated easily and cannot be combined with another information to uncover the identity of a certain individual), and Users' in-site behavior history (such as URLs and contents accessed by Users, the sequence in which they were viewed), using cookies, JavaScript, and other technologies (in addition to the foregoing information, any data from which an individual can be identified or recognized, such as a name and address, are referred to as “Personal Information”). However, no personal information will be contained in the cookies and behavior history.
    • Cognavi may use the personal data, which Cognavi acquired under the preceding paragraph, without restriction.
    • Inquiries about the handling of personal information should be sent to care@cognavi.com

  • Article 19. Interruption, Change, Termination of the Services, etc.

    • Cognavi may interrupt or change all or part of the Services at its own discretion if
      • the periodical or emergency maintenance check of the Services is to be conducted;
      • the Services are rendered unavailable due to an event not attributable to Cognavi, such as a fire, power outage, earthquake, and extraordinary natural phenomenon;
      • Cognavi otherwise judges such action to be necessary for operation or technical purposes.
    • Cognavi shall be able to decide to change or terminate the provision of all or part of the Services with the public announcement or notification to the Users.
    • Even if damage is incurred by Users due to suspension of or change to the Services or termination of the provision of the Services under this Article, Cognavi has no responsibility for the Users.

  • Article 20. Notification from Cognavi

    • Notification from Cognavi to Users will be given by placing it on the Cognavi management screen for Users of the Services or sending it by e-mail to Users’ registered e-mail addresses, or by phone or any other method specified by Cognavi.
    • If the notice is displayed on Cognavi’s Service User administration screen or sent by email, then such notice shall be deemed effective upon transmission by Cognavi. If the notice is sent through a certified or registered mail (return receipt requested), it will be deemed to be received two days after Cognavi sends it.
    • Cognavi shall have no responsibility even if disadvantage or damage is incurred by Users due to the information registered by Users not being accurate or current.

  • Article 21. Effective Term

    The effective term of the Services agreement shall be from the day on which the Services Agreement with a User is formed. Users may terminate the Services Agreement by notifying Cognavi to that effect by a method specified by Cognavi.

  • Article 22. Suspension, Contract Termination

    • Cognavi may suspend the use of the Services or terminate the Services Agreement with a User without sending a prior notice or demand for rectification if, in its opinion, the User falls under any of the following items:
      • The User is in violation of laws, regulations or these Terms of Use, or is likely to violate them;
      • The User suspends its payment or becomes unable to pay its debts when due, or becomes the subject of a petition for the commencement of bankruptcy, civil rehabilitation or corporate reorganization proceedings, or other similar proceedings;
      • Any of the bills or checks drawn or accepted by the User is dishonored, or the User is punished by a clearing house with the suspension of transactions or other similar measures;
      • The User becomes the subject of an order for provisional attachment or provisional disposition and the order stays valid for 15 days or more, or becomes the subject of a petition for attachment or auction;
      • The User is punished for non-payment of taxes or public charges;
      • The User commits any of the acts prohibited in Article 13 and Cognavi judges that it interferes with Cognavi’s business operation;
      • The User is discovered to be a member of a terrorist group or criminal organization, or upon discovery of a fact that underlies the suspicion of such involvement;
      • Half a year has elapsed from the next day of the day when the User used the Service for the last time; and
      • Cognavi otherwise judges that the provision of the Services is interfered.
    • If a User falls under any of the items of the preceding paragraph, he/she shall naturally lose the benefit of time with regard to all the debts he/she has toward Cognavi, and must pay all of them to Cognavi immediately.
    • Cognavi has no responsibility for any damage incurred by a User as a result of any action taken by Cognavi pursuant to this Article.
    • You may terminate the Service Agreement by permanently deleting your account from Cognavi.

  • Article 23. Intellectual Property Rights

    • Intellectual property rights regarding images, videos, texts, characters, programs, and any other information in the Services (“Images, Etc.”) shall belong to Cognavi and/or any third party who grants a license of such intellectual property rights to Cognavi except for intellectual property rights regarding the Images, Etc. created by Users themselves. These Terms of use and the execution of the Services Agreement shall not be construed as the transfer or license's intellectual property rights of the Images, etc.
    • The names of the Services, and the names of other goods, services, etc. displayed in the Services may include names of which Cognavi or a third party is the holder of the trademark right or any other license, but these Terms of Use do not assign or license intellectual property rights to Users or any other third party.

  • Article 24. Damage Compensation

    If Cognavi incurs damage due to a User's violation of these Terms of Use, the User shall have the responsibility to compensate Cognavi for all the damage incurred by Cognavi (including, but not limited to, attorneys' fees).

  • Article 25. Handling of Complaints

    If Cognavi receives a complaint from a User, Cognavi’s complaint handling personnel will process the complaint promptly and appropriately. Please write to us at care@cognavi.com

  • Article 26. Revision of Terms of Use

  • Cognavi may revise these Terms of Use at its own discretion if Cognavi judges it to be necessary. If these Terms of Use are revised, Cognavi shall notify Users of the revision by the method specified by Cognavi, and if Users use the Services, the Users will be deemed to have accepted the revision of these Terms of Use.
  • Cognavi has no responsibility for any damage incurred by Users due to a revision of these Terms of Use or Users' failure to check these Terms of Use for any revision.

  • Article 27. Mutual Consultations

    If there arises any matter not specifically addressed in these Terms of Use or any doubt about the interpretation of the provisions of these Terms of Use, Users and Cognavi shall resolve it through good-faith mutual consultations.

  • Article 28. Governing Law

    These Terms of Use shall be governed by the laws of India.

  • Article 29. Dispute Settlement

    • If any kind of dispute or inconsistency arises between the parties in connection with these Terms of Use or any other transaction document, including disputes over the existence, validity, or termination of such document (hereinafter referred to as “Dispute”), the parties shall meet to resolve such dispute amicably through amicable mutual consultations.
    • If a Dispute cannot be resolved amicably through amicable mutual consultations, either party shall refer the Dispute for the final resolution by arbitration to Karnataka High Court Arbitration Centre (KHCAC).
    • The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties to the dispute. In case the parties to the dispute do not agree upon or appoint a sole arbitrator within a period of 30 (Thirty) days, any of the parties to the dispute can approach a competent court of jurisdiction to request appointment of a sole arbitrator.
    • The language of the arbitration shall be English, and the venue and seat of the arbitration shall be Bengaluru. The arbitrator shall be entitled to award costs of the arbitration. Subject to the aforesaid, each party to an arbitration shall bear its own expenses in relation thereto, including, but not limited to, such party’s attorney’s fees and expenses, and fees of the arbitrator shall be borne equally by the parties.
    • The arbitrator shall reach and render a reasoned decision in writing, which shall be final and binding on the parties.

  • Article 30. Indemnity

    By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Cognavi, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Services obtained through Cognavi Platform including but not limited to information provided by you or any other matter relating to Cognavi Platform.

  • Article 31. Limitation of Liability

    • If a user violates these Terms of Use and causes damage to Cognavi or a third party or to Cognavi Platform or the Service, such user shall be liable for compensation for such damages as permissible under the applicable laws.
    • Cognavi will not be liable for any damages of any kind arising from your use of Cognavi Platform or from any information, content, materials, services, or products included on or otherwise made available to you through Cognavi Platform.
    • Company and its affiliates will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, opportunities, goodwill, use, or data), even if you have been advised of the possibility of such damages. Further, neither the Cognavi nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the Services, including as a result of any (i) termination or suspension of these Terms of Use or your use of or access to Cognavi Platform and the Service, (ii) our discontinuation of any or all of the Service, or (iii) any unanticipated or unscheduled downtime of all or a portion of Cognavi Platform or the Services for any reason; (b) the cost of procurement of substitute services; (c) any unauthorized access to alteration of, or the deletion, destruction, damage, loss or failure to store any of the data provided by you.
    • Cognavi, including its respective affiliates, will not be liable to you in connection with these Terms for an amount that exceeds the fees paid by you to Cognavi in the last six (6) months from the date of event giving rise to the liability.

  • Article 32. Miscellaneous.

    These Terms of Use and the privacy policy available at https://www.cognavi.com/privacy are the entire agreement between the User and Cognavi with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Cognavi and the User. If any provision of these Terms of Use are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms of Use are personal to the User and are not assignable or transferable by User except with Cognavi’s prior written consent. Cognavi may assign, transfer or delegate any of its rights and obligations hereunder without User’s prior consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. Cognavi shall have no liability to the User under these Terms 14 of Use if we are prevented from or delayed in performing our obligations under this these Terms of Use, or from carrying on its business, by acts, events, omissions or accidents beyond Cognavi’s reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Cognavi or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, provided that the User is notified of such an event and its expected duration.
END OF DOCUMENT
Enforced on Spetember 20, 2023