Cognita Tutoring Website Terms of Use

Updated: 4th June 2021


www.cognitatutoring.com is operated by Cognita Schools Limited, whose registered office is Seebeck House, One Seebeck Place, Knowlhill, Milton Keynes, Buckinghamshire, MK5 8FR, registered in England and Wales under company number 02313425, VAT registration number GB933928691 (referred to as “Cognita”, “Us”, “Our” or “We”). The individual who uses the Website is referred to herein as (“You”).

This document sets out the terms of use (“Terms of Use”) on which We permit You use the Website and Tutoring Platform (together the “Site”). Please read these Terms of Use carefully before signing using the Site. We recommend that You print and save a copy for Your records.

By using the Site You are confirming Your agreement to be bound by these Terms of Use. If You do not accept these Terms of Use, You must not use the Site.

If You think that there is a mistake in these Terms of Use or You have any questions about these Terms of Use, please contact Us to discuss before using the Site. You can contact Us via email at hello@cognitatutoring.com.

We may update these Terms of Use from time to time in accordance with clause 12. Every time You wish to use the Site, please check these terms to ensure You understand the terms that apply at that time.

1.     Definitions

Account” means Your online Cognita Tutoring account;

Pupil” means the child which will receive the tutoring services;

Tutoring Platform” means the platform via which the tutoring services are provided to a Pupil being Microsoft Teams and the Century Tech platform allocated to each Pupil; and

"Website" means www.cognitatutoring.com .

2.     Other terms that apply

2.1.   In addition to these Terms of Use You acknowledge that Our Privacy Notices and Our Cookie Notice will apply and that if You purchase services from Us, you will be asked to agree to the Cognita Tutoring Terms and Conditions (these will be available to view prior to making a booking) (together “Additional Policies”).

3.     We may suspend or withdraw our Site

3.1.   Our Site is made available free of charge.

3.2.   We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

3.3.   You are also responsible for ensuring that all persons who access our Site through Your internet connection are aware of these Terms of Use and the Additional Policies, and that they comply with them.

4.     You must keep Your Account details safe

4.1.   To be eligible for an Account, You must be: (a) 18 years old or over; and (b) a parent of, or person with parental responsibility for, the Pupil. You are responsible for the Pupil including, without limitation, any interaction the Pupil may have with the Site.

4.2.   In order to be able to use the Tutoring Platform, You will need to register for an Account via the Website. To register for an Account, You will be asked to provide personal information about Yourself, including Your name and Your email address. You will also be asked to create a password for Your Account.

4.3.   You must treat Your username and password as confidential and must not disclose it to any third party, except to the Pupil who may use Your username and password for the purposes of receiving the Services. You must ensure that the Pupil keeps the username and password confidential and does not disclose it to any third party. If You know or suspect that anyone other than You or the Pupil knows Your Account details, You must notify Us immediately via hello@cognitatutoring.com.

4.4.   We have the right to disable any username or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You or the Pupil have failed to comply with any of the provisions of this clause.

4.5.   If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at hello@cognitatutoring.com.

5.     System Requirements

5.1.   You are responsible for configuring Your information technology, computer programmes and platform to access our Site. You should use Your own virus protection software.

5.2.   We do not make any commitment to You that the Site will be compatible with or operate with Your software or hardware.

5.3.   Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Site is appropriate for use or available in other locations.

6.     We are not responsible for websites we link to

6.1.   Where our Site contains links to other websites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them.

6.2.   We have no control over the contents of those websites or resources.

7.     Site Content

7.1.   Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

7.2.   We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted, timely or error free or secure or free from bugs or viruses. We may suspend or withdraw or restrict the availability of all or any part of the Site for the purposes of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Site.  

7.3.   You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately.

7.4.   You must not rent, lease, sub-license, loan, provide, or otherwise make available, the Site or services in any form, in whole or in part to any person without prior written consent from us.

7.5.   You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to Your access to the Site as a result of such suspension or any of the following:

7.5.1.the operation of the internet, including but not limited to viruses;

7.5.2.any firewall restrictions that have been placed on Your network or the computer You are using to access the Site;

7.5.3.failures of telecommunications links and equipment; or

7.5.4.updated browser issues.

8.     Uploading content to our Site

8.1.   Whenever You make use of a feature that allows You to upload content to our Site, or to make contact with other users of our Site, You must comply with these Terms of Use.

8.2.   Any content You upload to our Site will be considered non-proprietary. You retain all of Your ownership rights in Your content, but You are required to grant Us a limited licence to use, store and copy that content and to distribute and make it available to third parties involved in the delivery of the services.

8.3.   We also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

8.4.   We have the right to remove any posting You make on our Site if, in our opinion, Your post does not comply with the content standards set out by Us.

8.5.   You are solely responsible for securing and backing up Your content.

8.6.   When You upload or post content to our Site, You grant Us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media to expire when We, You, or the Pupil deletes the content from the Site.

9.     Limitation of Liability

9.1.   We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 

9.2.   We only supply the Site for domestic and private use. If You use the Site for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3.   We are not responsible to You for any data that You lose as a result of accessing the Site.

9.4.   We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

9.5.   When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. 

10.  Intellectual property

10.1.   We (and/or Our licensors) is the owner of all intellectual property rights in the Site. No Site content may be reproduced, stored in a retrieval system or transmitted in any form or by any means without Our prior written permission.

10.2.   You shall not be entitled to use the Site for commercial gain, the Site is for domestic use only.  

10.3.   Save as expressly set out in these Terms of Use, You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Site content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Site or create derivative works based on the whole of or any part, or which incorporate, the Site content into any software program.

10.4.   Use of the Site content not expressly permitted in these Terms of Use is strictly prohibited and will constitute an infringement of either Our, or Our licensors’, intellectual property rights. If We reasonably suspect You, are in breach of this clause 12, We may restrict You from accessing the Site.

11.  Data protection

11.1.   We will only process the information We receive from You, or otherwise hold about You in accordance with Our Privacy Notices and Cookie Notice.

12.  Changes

12.1.   We may update or amend these Terms of Use from time to time to comply with law or to meet Our changing business requirements. Any updates or amendments will be posted on the Site.

13.  General

13.1.    These Terms of Use (and the documents referred to in these Terms of Use) constitute the entire agreement and understanding between Us and supersedes and replaces any other Terms of Use previously published by Us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by Us to You, whether oral, written or otherwise, relating to the subject matter of these Terms of Use. In the event of any conflict between the Additional Policies and these Website Terms of Use, the Terms and Conditions shall take precedence.

13.2.    You may not assign, transfer or sub-contract any of Your rights or obligations under these Terms of Use to any third party unless We agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Use to a third party. We do sub-contract the tutoring services to Our Tutors and We acknowledge that We shall be liable for their acts and omissions as if they were Our own. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the Contract.

13.3.   No relaxation or delay by Us in exercising any right or remedy under these Terms of Use shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Us in writing.

13.4.   Each of the paragraphs of these Terms of Use operates separately. If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

13.5.   The Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You or Us, will need to get the Contract of any other person in order to end the Contract or make any changes to these Terms and Conditions.

13.6.   These Terms of Use are governed by and construed in accordance with the laws of England and Wales.