Welcome to the Kognity Terms and Conditions of Use
These Terms and Conditions of Use compose a legally binding agreement between Kognity AB, company number 559023-5080, Linnégatan 87D, 115 23 Stockholm, Sweden (below: “We”, “Us”), our School Customers (below: “You”) concerning the use of our online digital textbooks (below: “Digital textbooks”) that We offer through our brand name Kognity.
BY USING OUR DIGITAL TEXTBOOKS YOU AGREE TO OUR TERMS AND CONDITIONS OF USE AND TO THIS BINDING AGREEMENT BETWEEN YOU AND KOGNITY AB. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE AS LAID OUT IN THIS AGREEMENT, DO NOT USE OUR DIGITAL TEXTBOOKS.
Please note that Your statutory rights are not affected.
- The Digital textbook that we provide is a terminable, non-exclusive, non-transferable license to the textbook solely for Your personal, non-commercial, non-competitive use.
- The Digital textbook is delivered via the World Wide Web by Us and our subcontractors. It is Your responsibility to ensure Internet access, relevant software and hardware. You should make necessary arrangements to connect to the Internet and have a web browser capable of displaying the Digital textbook, as specified on our website.
- The software, technology and artwork are copyrighted property of Kognity AB and its subcontractors.
- The service that We provide is licensed to You for a limited amount of time and is not sold to You.
- Any posted content from You are owned by You. Notwithstanding the aforesaid, We are hereby granted a license to use said posted content to provide the Service.
- Subscriptions for the service, which are licensed to You, entitle access to the specified subject areas of the site for Your named individual Users only, and must not be used to enable access to site by anyone other than the named individual Users.
- You may not copy, re-sell, reproduce, distribute, rent, loan, lease or sublicense any part of the material provided by Us or our subcontractors. You are neither allowed to translate, copy, download or distribute any of the material of the Digital textbook.
- You are responsible for ensuring that anyone using our Digital textbooks through our platform abides by the agreement.
- We will do everything in our power to ensure our delivery schedule is met. In the event of server failure, We will do what we can to make alternative arrangements for access as quickly as we are able. You shall not have the right to terminate this agreement unless such delay or default in performance is caused by server failure for a period of more than six (6) months.
- We shall not be liable for any loss of profits, business, goodwill, revenue, sales, or data, or for any indirect, consequential, incidental or special loss or damages of any kind under or in connection with this agreement, save where such loss or damage is due to our gross negligence or willful violation of the terms of this agreement. Notwithstanding aforesaid, our maximum liability due to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Digital textbook, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, statutory duty, or otherwise, shall in no case exceed the equivalent of twenty four (24) months in subscription fees for the relevant Subscription Period. You shall not have the right to terminate this Agreement unless such loss or damage is due to our gross negligence or willful violation of the terms of this Agreement.
- We cannot be liable for damages for any delay or default in performance of its undertakings of obligations under this agreement, if such delay or default is caused by force majeure, including but without limitation thereto, wars, insurrections, fires, passing of laws or any governmental order, regulation or ruling, or any other act(s) beyond the reasonable control of Us, and You shall not have the right to terminate this agreement unless such delay or default in performance is caused by force majeure for a period of more than six (6) months. During the force majeure event, We will use all reasonable efforts to avoid, reduce or eliminate the force majeure event’s prevention, restriction or delay of the performance of its obligations under this agreement.
- We reserve the right to terminate any subscription if:
1. We have reason to believe it is being abused,
2. in our opinion continuing it would endanger the service as a whole, and/or
3. payment for services supplied is not received within thirty (30) days of invoice date.
- If any part of these Terms and Conditions of Use is found to be invalid or unworkable, that part shall be deemed omitted, and the rest shall stand.
- These Terms and Conditions of Use constitute the entire agreement between the parties, and supersedes any other agreement or understanding between the parties relating to the subject matter of these Terms and Conditions of Use.
- No provision of these Terms and Conditions of Use shall be enforceable by a third party and the Contracts (Right of Third Parties) Act 1999 is thus entirely excluded.
- These Terms and Conditions Use shall be governed by and construed in accordance with the law of Sweden. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Sweden over any claim or matter arising under or in accordance with this agreement.
Last updated: 9 April 2018