Terms And Conditions
Acceptance of this Agreement
By clicking on the 'SIGNUP' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published,available or provided on the following
https://labs.sparkdatabox.com (the "Website"), which is owned, maintained and monitored by SparkDatabox ("Us", "We" or "Our").
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your user ID and password ("Participant Account") is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware including but not limited to video courseware, and termination of this Agreement.
You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Help and Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
Content and Courseware
As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and Courseware offered to You. However, you don’t have right to change the our logo, or any other aspect of the Content that will remove Us from the Content. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button or by signing up in our website and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Participant Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default"). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this Agreement shall survive the termination of this Agreement.
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For Participants who are a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of New York and the courts in New York shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
For Participants who are not a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Chennai, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
SparkDatabox Website and Mobile Apps
Notice to End Users
In some cases an administrator may create an account in Sparkdatabox on the behalf of a “End-User” and may provide his/her information, including Personal Information. In such cases the administrator who may be your Employer or a Sparkdatabox Authorized Training partner (ATP) is our “Customer.” We collect Information under the direction of our customers and have no direct relationship with the End-User whose personal data we process.
An End-user’s use of the Sparkdatabox platform may be subject to the Customer’s policies, if any.
If you are an End-user using our platform, please direct your privacy inquiries to your administrator. Sparkdatabox is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement.
Sparkdatabox may send personalized advertisement or Marketing communication to end users.
Personal data collected by Sparkdatabox may be stored and processed in your region, and in any other country where Sparkdatabox n or its affiliates, data sub-processors operate facilities. To facilitate Sparkdatabox global operations, we may transfer and access such information from around the world, including from other countries in which the Company has operations. A list of the Sparkdatabox‘s global offices is available here. This Privacy Statement shall apply even if Sparkdatabox transfers Data to other countries.
Currently, Sparkdatabox and its data sub processors have data centers in India.
The data we hold may also be processed by employees operating in countries listed above, Such staff may be engaged in, among other things, product development and customer and technical support. The data protection and other laws of these countries might not be as comprehensive as those in your country. By submitting your data and/or using Our Services, You consent to the transfer, storing, and processing of Your data in these countries.
Note to our customers in Europe: We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use contracts, to help ensure your rights and protections travel with your data. By submitting your data and/or using Our Services, You consent to the transfer, storing, and processing of your data in these countries.
Use of your Personal Information and Other Data
Personal Identifiable Information
We may collect the following personal information from you in the following situations
When you visit our website or mobile apps and voluntarily provide the following information via one of our contact forms, via a chat or phone session, or as part of a purchase of one of our courses or register on our site:
- Contact Information,such as name, email address, mailing address, phone number, IP
- Information about your business, such as company name, company size, business type
- Billing Information, such as credit card number and billing address;
Note: All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
When you use our Learning Management System, our support system or respond to our surveys:
- Contact Information, such as name, email address, mailing address, IP address, geographic location, or phone number;
- Unique Identifiers, such as username,or password;
- Name and e-mail address when you provide feedback from the Service(s)
When you use our community website or blogs
Please refer to our section on Public Forums
Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identifiable Data:
We capture some Non Identifiable data in our logs. The data in the logs includes
- Device type
- browser type
- language preference
- time zone
- screen size
- referring / exit pages
We may use the personal information collected from within the Websites or when you use the Service(s) to:
- Provide you with the Service(s).
- Send you communication from the Service(s)
- Assess the needs of your business to determine or suggest suitable products.
- Send you requested product or service information.
- Respond to customer service requests.
- Administer your account.
- Send you promotional and marketing communications.
- Personalised Advertisement
- Facilitate your transactions with other users when you use our Service(s).
- Perform statistical analyses of user behavior and characteristics at an aggregate level in order to measure interest in and use of the various areas of the site.
When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided.
If your subscription was provided by your employer or a SparkDatabox Authorised training partner, we will share information, including personal information with them.
We may transfer personal information to our Group Companies and sub-contractors that help us provide our Service(s). Transfers to subsequent third parties are covered by the service agreements with our data-processors. We reserve the right to disclose your personal data as required by applicable law, in response to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us.
In the event SparkDatabox goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account and personal data will likely be among the assets transferred. You will be notified via email and via a prominent notice on our Websites of any such change in ownership or control. We may also disclose your personal information to any other third party with your prior consent.
Data from Third Parties
We also obtain data from third parties. We protect data obtained from third parties according to the practices described in this statement, plus any additional restrictions imposed by the source of the data. These third-party sources vary over time, but have included:
- Data brokers from which we purchase demographic data to supplement the data we collect.
- Social networks when you grant permission to access your data on one or more networks.
- Existing or past learners who participate in our referral program
- Service providers that help us determine a location based on your IP address in order to customize certain products to your location.
- Partners with which we offer co-branded services or engage in joint marketing activities, and
- Publicly-available sources such as open government databases or other data in the public domain.
We may receive Personal Information about you from other sources like postal mail, telephone or fax. We may add this information to the information we have already collected from you via the Site in order to improve the products and services we provide.
Correction, Removal or Export of Personal Information
SparkDatabox acknowledges that you have the right to access, edit and delete your personal information at any time. Upon request, we will provide you with reasonable access to the personal information we collect about you. You will have the opportunity to correct, update, modify or delete this information as follows:
- If you have independently signed up with SparkDatabox.
You may access, update or export your Personal Information included in your online SparkDatabox account at any time by logging into your account and going to your profile or by reaching out to us
- If you are using an enterprise-provided account (SparkDatabox Authorised Training Partner or your Employer)
Please review the section Notice to End Users
Exceptions in Deletion: If you request access to your personal information and discover that that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers or backup systems
Exception in Data Portability: There may be limits to the amount of information we can practically provide. For example, we may limit an individual’s access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy or where doing so would violate others’ rights.
Exception in Data Correction: Even after updates to your Personal Information, we may maintain and store older versions of such information within our databases, access logs and other records in order to comply with other routine data audits.
Cookies and Other Tracking Technologies
The types of cookies used by SparkDatabox includes
- Essential Cookies: These cookies are essential for the basic functionalities offered by the Site and Service(s). These class of cookies helps in keeping a user logged in to the Service(s) and remember relevant information when they return to the Service(s).
- Insight Cookies: These are used for tracking the user activities within the Service(s), which in turn helps us in improving your user experience.
- Marketing Cookies: These are used for providing you with customized and interest-based ads based on your browsing behavior and other similar activities on our Websites.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience more efficient may not function properly.
We partner with third parties to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on our Website and other sites in order to provide you advertising based upon your browsing activities and interests. If you like to opt out, please reach out to us here.
Analytics & Web-beacons
SparkDatabox uses third party software for analytics. All metrics information collected from your usage of the Service(s) shall be transmitted to our analytics provider. This information is then used to evaluate how users use our platform, and to compile statistical reports on user activity for us. We further use the same statistical analytics tool to track or to collect your Personally Identifiable Information (PII). We will use this information in order to maintain, enhance, or add to the functionality of the Service(s) and to personalize the experience for you. Aggregated information and analysis may be made public where desired by SparkDatabox.
We and our third party advertising partners use technologies such as web beacons in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
Do Not Track
Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user's browser DNT preference setting. SparkDatabox does not currently commit to responding to browsers' DNT signals with respect to the Company's Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. SparkDatabox takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
Links to Third Party Sites
Our Websites contain links to other websites that are not owned or controlled by SparkDatabox. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects personal information.
Our Websites offer publicly accessible blogs, tutorials, or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, reach out to us. In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so and why.
SparkDatabox may provide bulletin boards, blogs, tutorials, or community threads on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. SparkDatabox is not responsible for the personal information you choose to submit in these forums.
Remember that when you share information publicly, it may be indexed by search engines.
Single Sign-On & Other social Media Features
You can log in to our Websites using sign-in services by LinkedIn. The services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address.
Communications from the Websites
We may use your email address to send our newsletters and/or marketing communications. If you no longer wish to receive these communications, you can opt out by following the instructions contained in the emails you receive or by contacting us at firstname.lastname@example.org
We will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Services) is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may delete your Account.
Our Websites and Service(s) have industry standard security measures in place to protect against the loss, misuse, and alteration of the information under our control. When you provide us with sensitive information (such as credit card information or login credentials), we will encrypt that information via Secure Socket Layer (SSL).
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Websites or via the Service(s) and any transmission is at your own risk. Once we receive your personal information, we will use strict procedures and security features to try to prevent un-authorized access.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
- Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
- We use regular Malware Scanning.
- Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
- All payment transactions are processed through secure gateway providers and are not stored or processed on our servers
We post customer testimonials/comments/reviews on our Websites which may contain personal information. Prior to posting the testimonial, we obtain the customer's consent to post their name along with their testimonial. If you want your testimonial removed, please reach out to us
Children's Personal Information
SparkDatabox does not knowingly collect any personal information from children under the age of 16 (or and age which is lawfully considered as child in your jurisdiction). If you are under the age of 16 (or lawfully considered as child in your jurisdiction), please do not submit any personal information through our Websites or Service(s). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through our Service(s) or Websites without their permission. If you have reason to believe that a child under the age of 16 (or lawfully considered as child in your jurisdiction) has provided personal information to us through our Websites or Service(s), please contact us and we will endeavor to delete that information and terminate the child’s account from our databases.
You can also reach out to us through Email at email@example.com or postal mail at :
Crizone business centre
1/694, valaiyapathi salai,block 5, mogappair east,
chennai, tamil nadu, 600037