Cheers Interactive (India) Private Limited, its subsidiaries (Cognition Solutions Pvt. Ltd.) and affiliates (individually and / or collectively, “Cheers”, “us” or “we”) provides its content on the website cognition-solutions.com (the “Site”) subject to the following terms and conditions.  These Terms of Use govern your use of the Site and all the applications, software, and services (collectively, “Services”) available on the Site, except to the extent such Services are the subject of a separate agreement.

Copyrights

Any and / or all intellectual property rights associated with the Site and its contents, including but not limited to texts, graphics, logos, icons, images, info-graphics, interactive content, videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technologies, algorithms, models, processes, and industry insights and perspectives (the “Site Content”) is the exclusive property of Cheers or its licensors and is protected by local, national and international copyright and other laws.

Trademarks

Cheers uses trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site which are both registered and unregistered Trademarks of Cheers and its licensors. No right of license or transfer, either express or implied, with respect to ownership in any intellectual property rights in the Trademarks is granted to you.

Use of Site Content

Upon your acceptance of the Terms of Use, Cheers grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to (a) access and use only the Site, its content and Services only in the manner presented by Cheers, and (b) access and use the Cheers computer and network services offered within the Site (the “Cheers Systems”) only in the manner expressly permitted by Cheers.

Except for this limited license, Cheers does not convey any interest in or to the Cheers Systems, information or data available via the Cheers Systems (the “Information”), content, Services, Site or any other Cheers property by permitting you to access the Site.

Except to the extent required by law or as expressly provided herein, none of the content and / or Information may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Cheers.

You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Cheers.

In addition to other restrictions set forth in these Terms of Use, you specifically agree that:

• You shall not disguise the origin of information transmitted through the Site, and include an appropriate copyright notice or other attribution associated with the Site content;
• You shall not place false or misleading information on the Site;
• You shall not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Cheers;
• You shall not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or Information or that infringes the intellectual property rights of another;
• Certain areas of the Site are restricted to authorized and registered users of the Site;
• Upon accessing the restricted areas of the Site, in addition to this Terms of Use, specific “Terms of Use for Clients” shall also apply;
• You may not use or access the Site or Cheers Systems or Services in any way that, in the judgment of Cheers, adversely affects the performance or function of the Cheers Systems, Services or the Site or interferes with the ability of authorized parties to access the Cheers Systems, Services or the Site.
• You may not frame or utilize framing techniques to enclose any portion or aspect of the Site content or the Information, without the express written consent of Cheers.
• You shall use the content of the Site, Cheers Systems and Information for informative and non-commercial purposes only.

Disclaimers

The content and functionality on the site are provided with the understanding that:

• You have not engaged Cheers (and hence Cheers is not obliged) to provide any professional advice or services of any kind;
• No Site content is intended to serve as or shall be deemed to be management, marketing, technological or business advice of any kind;
• You shall remain solely responsible for your use of all Site content and acknowledge that any reliance upon the Site content shall be entirely at your sole option and risk.
• All Site content and functionality on the site is provided “as is,” without warranty of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Cheers makes no representations or warranties about the accuracy, completeness, security or timeliness of the Site content, Information or Services provided on or using the Site or Cheers Systems.  No information obtained by you from the Site shall create any warranty not expressly stated by Cheers in these Terms of Use.

Limitation of Liability

To the extent permitted by applicable law and to the extent that Cheers is otherwise found directly responsible for any damages, Cheers is responsible for actual damages only.

To the extent permitted by law, in no event shall Cheers be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Site, its contents, Information, Cheers Systems and Services, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Cheers is advised of the possibility of such damages.

To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnification

You agree to indemnify and hold harmless Cheers, its licensors, licensees, successors and assigns and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Cheers by any third party due to or arising out of or in connection with any breach by you of these Terms of Use, your violation of any third party right and your use of and access to the Site or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy, the Cookie Policy and/or any use by you of the Website.

Privacy

Cheers acknowledges that your privacy is important to you and is committed to respecting your privacy. Cheers Privacy Policy (available at www.cognition-solutions.com/privacy-policy/ ) describes how Cheers uses and protects your information.

 Governing law and Jurisdiction

These Terms are governed by the laws of the Republic of India without reference to the principles of conflicts of laws thereof. Appropriate courts in Mumbai shall have exclusive jurisdiction.

Modification or Suspension of the Site and Right to Terminate your use of the Site

We reserve the right to change, suspend or discontinue any aspect of the Site at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely. Any description of features on the Site shall not be considered to be a representation by Cheers that such features will always be included on the Site.

From time to time, we may restrict access to some or all of the Site, including for registered users. We also reserve the right to terminate or suspend your account or restrict your use of or access to the Site, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Site may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Site or terminate your account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Modification of Terms of Use

We may modify or amend these ‘Terms of Use’ from time to time. The amendment shall be visible through the revision date at the top of the page.