STUDENT VOICE TOOL END USER TERMS

These End User Terms (Terms) set out the terms and conditions on which Cognition Education Trust (we, our or us) agrees to permit you to access and use the student voice tool (the Tool) through our website, studentvoice.cognitioneducationtrust.org, (the Website). By accessing and/or using the Tool you agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Tool.

  • 1. Licence
    • 1.1. We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Tool for educational purposes while the Tool remains available on the Website. You acknowledge that we can remove the Tool from the Website, and cancel all access to the Tool, at any time and without notice.
    • 1.2. You agree that, if we remove the Tool from the Website, or otherwise notify that access to the Tool has ceased, that you will cease using the Tool or any information or material derived from the Tool.
  • 2. Intellectual Property Rights
    • 2.1. You acknowledge and agree that all intellectual property rights in the Tool, any material accessible through, or related to, the Tool and any other material on the Website are owned by us or our licensors.
    • 2.2. You may make reproductions of content from the Tool provided that you only use that content for educational purposes and only while the licence granted under clause 1.1 continues, retain control of all reproductions and destroy all reproductions on the earlier of the licence under clause 1.1 or your need to use the content in accordance with this clause 2.2 coming to an end.
    • 2.3. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the Tool or the Website, except as permitted under clauses 1.1 and 2.1, or commercialise or on-sell any information obtained from the Tool or from us.
    • 2.4. You agree to abide by these Terms and such other terms and conditions relating to use of the Tool, and any materials that we provide to you, as we or our licensors may specify from time to time.
    • 2.5. In using the Tool you agree to not to reproduce the format or content of the Tool.
  • 3. Risk, Indemnity and Liability
    • 3.1. You understand and agree that your use of the Tool is at your sole risk. The Tool provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability and fitness for a particular purpose).
    • 3.2. Without limiting the above, we do not warrant that access to the Tool or the Tool itself will be uninterrupted, secure, error-free or that any information provided through the Tool is error-free, up-to-date or reliable.
    • 3.3. If we are found to have any liability under or in connection with these Terms, the maximum amount of our liability arising out of all claims under these Terms or relating to the Tool will not in any circumstances exceed NZ$100.
  • 4. Information
    • 4.1. You undertake and warrant that all information you provide to us is true, current and complete.
    • 4.2. You agree to provide us with information relating to your use of the Tool from time to time, as requested by us. You agree that we are free to use, copy, publish and distribute, and allow others to use, copy, publish and distribute, that information for the purpose of improving the Tool or developing any tool that is similar to the Tool, including by publishing those results on the Website or any other website.
    • 4.3. You agree not to impersonate another person, use a false name or a name you are not authorised to use, create a false identity or provide a false address or email address, or use the Tool for any illegal purpose.
  • 5. Compliance with policies: By using the Tool, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.
  • 6. Privacy policy: Your privacy is important to us. We may gather, use and disclose information about you in relation to your use of the Tool, including any details that you provide to us under or in accordance with these Terms. You agree that we may use the information that we collect about you for our internal purposes, to improve the Tool and to develop any other tool similar to the Tool, to market the Tool or any other products or services and we develop and may allow any related company, partner or licensee of ours to use the information for those purposes. You agree that we may provide the information we collect about you with third parties for those purposes, including where the information is stored on servers operated by third parties.
  • 7. Termination: We reserve the right to suspend or terminate your access to the Tool if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required.
  • 8. Amendments
    • 8.1. We may amend these Terms from time to time. Notice of any such amendments will be announced on the Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
    • 8.2. Your continued use of the Tool will constitute your acceptance of any changes or revisions to these Terms.
  • 9. Waiver: Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
  • 10. Governing Law: These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.