Terms and Conditions – Almamater SPARKS

Welcome to AMSPARKS and thank you for visiting us please read the terms carefully.

These terms and conditions (“Terms and Conditions”) govern your use of this website www.amsparks.com (“Website”). In these Terms and Conditions., the owner of this website www.amsparks.com is referred to as the “Company”, “AMSPARKS”,” “us,” or “we.”
” By using this website and its services you will be bound by these terms and conditions and the company’s privacy policy which can be found at https://www.amsparks.com/privacy (“Privacy Policy”). If you do not agree to these terms and conditions and/or the privacy policy you must not use this website or any service provided via it. Use of the company’s website and services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.By using the site, you accept and agree to be legally bound by the agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the agreements, you should not use the site. AMSPARKS reserves the right to modify these terms and conditions at any time without advance notice. Any changes to these terms and conditions will be effective immediately upon posting on this page, with an updated effective date and contact us if you have any questions”.By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified terms and conditions and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these terms and conditions

Who may use our services

You may use our services only if you can form a binding contract with AMSPARKS , and only in compliance with these terms and all applicable laws. When you create your AMSPARKS account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited unless under complete parental guidance, and certain courses may have additional requirements and/or restrictions.You must not use this website for anything that is unlawful or is prohibited by these terms and conditions and/or any notices elsewhere on this website

Additional terms

Any personal information submitted in connection with your use of the products or the site is subject to our privacy policy, located at www.amsparks.com/privacy/ which is hereby incorporated by reference into these Terms.
If you are an instructor (as defined below), you are also subject to the empanelment terms and conditions individually sent to your mail id, which are hereby incorporated by reference into these Terms. If you are an Instructor and there is a conflict between these terms and the empanelment terms, the empanelment terms will govern.
If you are an Institute (as defined below), you are also subject to the institute terms and conditions individually sent to your mail id, which are hereby incorporated by reference into these Terms. If you are an Institute and there is a conflict between these terms and the empanelment terms, the institute terms and condition will govern.
For as long as the company continues to offer the services, it shall provide and seek to update, improve and expand the services. As a result, the company allows you to access the website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these terms and conditions. The company may modify, replace, refuse access to, suspend or discontinue the website, partially or entirely, or change and modify prices for all or part of the services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the services following such posting or communication constitutes your acceptance of the terms and conditions of this agreement as modified
The company advises that you seek professional advice before relying on any information on this website. Under no circumstances will company be liable in any way for any information it provides on the website or through the services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “content”), or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the services.
All website content or information that can be seen, heard or otherwise experienced on the site belongs to AMSPARKS or its partners, affiliates or third parties. You may use the site, the service and the content for your own personal, non-commercial use only. You may download and print the available material for your own personal, non-commercial use only. You will not transfer any information from the website or produce derivative work which you can display, distribute or transmit
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the services.
You represent and warrant to company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the services and take full responsibility for the selection and use of and access to the services. This agreement is void where prohibited by law, and the right to access the services is revoked in such jurisdictions.
If you are registering with the website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
If you link to the Website, company may revoke your right to so link at any time, at company’s sole discretion. company reserves the right to require prior written consent before linking to the website
You will indemnify and hold company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the services, use of the services, your violation of these terms and conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
When using this website, you must not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
- Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- Impersonate any person or entity, including without limitation any employee or representative of company;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
- Run Maillist, Listserv, any form of auto-responder, or “spam” on the services, or any processes that run or are activated while you are not logged on to the website, or that otherwise interfere with the proper working of or place an unreasonable load on the services’ infrastructure;
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the services;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters;
- Download any file posted by another user of this website that you know, or reasonably should know, cannot be legally distributed in such manner
- You may not copy, distribute and indulge in plagiarism with website content or user submitted content.
- It’s prohibited to edit html source code, reverse engineer or attempt to hack

Registration

You will need to register to become a member of this website (“Member”) if you wish to access the services via this website, and for continued membership company may or may not charge you. It will be your free will to be a continued member and you are allowed to choose the membership plan (if any) offered by the company at your own free will subject to accepting the terms and conditions of the plans
To register to become a member you must provide the company with information about you via the company’s registration form. The company’s use of this information is set out in the company’s privacy policy which can be found at www.amsparks.com/privacy/.
You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the company has the right to cancel your membership/registration and refuse any and all current or future use of this website
Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the company
You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to info@amsparks.com as soon as you are aware of such use and the company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you
The company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this website or its services
The company reserves the right to cancel your user name and password without notice if the company becomes aware of any breach of these terms and conditions by you
Once the company has sent you a confirmation e-mail you will become a member and will be able to access the services available via the website.

The content

All website content or information that can be seen, heard or otherwise experienced on the site belongs to AMSPARKS or its partners, affiliates or third parties. You may use the site, the service and the content for your own personal, non-commercial use only. You may download and print the available material for your own personal, non-commercial use only. You will not transfer any information from the website or produce derivative work which you can display, distribute or transmit

Obligations of Instructors using the site

If You are instructing students in connection with a course you are an “Instructor” and the following additional terms and conditions apply, and you represent, warrant and covenant that:

You are subject to the company’s approval, which We may grant or deny in our sole discretion
You need to visit www.amsparks.com and complete the instructor registration form
You will be responsible for all of your submitted content, that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your submitted content on and through the products in the manner contemplated by these this empanalment agreement, and that no submitted content shall infringe or misappropriate any intellectual property right of a third party;
You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the site and the products;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the products or to any user
You will not use the products for any business other than for providing tutoring, teaching and instructional services to students
You will not solicit personal information from any instructor or other user or student more than the information provided to you for the teaching
You will not engage in any activity that will require company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings
You will not copy, modify or distribute company content except as permitted in this instructor agreement
You will not interfere with or otherwise prevent other Instructors from providing their services or courses
You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate
You shall respond promptly to users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general
You are over the age of 18 or, if not, you are between the ages of 14 and 17 and a third party parent or legal guardian has agreed to these terms and the instructor terms and will assume responsibility and liability for your performance and compliance hereunder
These terms are acceptable to you along with the empanalment agreement

Obligations of Institute using the site

If you are instructing students / providing onsite course in connection with a course and you are representing an “Institute” associated with us the following additional terms and conditions apply, and you represent, warrant and covenant that:

You are subject to the company’s approval, which we may grant or deny in our sole discretion
You need to visit www.amsparks.com/ and complete the Institution registration form
You will be responsible for all of your submitted content, that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your submitted content on and through the products in the manner contemplated by these this institute agreement, and that no submitted content shall infringe or misappropriate any intellectual property right of a third party;
You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the site and the products;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the products or to any user
You will not use the products for any business other than for providing tutoring, teaching and instructional services to students
You will not solicit personal information from any instructor , institute or other user or student more than the information provided to you for the teaching
You will not engage in any activity that will require company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings
You will not copy, modify or distribute company content except as permitted in this Institute agreement
You will not interfere with or otherwise prevent other Instructors/institute from providing their services or courses
You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate
You shall respond promptly to users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general
Your representative/s is/are an individual/s over the age of 18 and are legally allowed to represent the institute and are allowed to enter into agreement on behalf of the institute and will assume responsibility and liability for your performance and compliance hereunder
These terms are acceptable to you along with the institute agreement

Obligations of Students using the Site.

If you are a user in search of or participating in a course, you are a student and the following additional terms and conditions apply, and you represent, warrant and covenant that
You have read, understood, and agree to be bound by the course pricing and refund terms before using the site or registering for a course
You are over the age of 18, or, if not, you will only use the products with the involvement, supervision, and approval of a parent or legal guardian. children under the age of 14 may not register for an account or register or purchase courses without approval from parent or guardian.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the site or the products
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any company content, the products or courses or submitted content except as permitted by these terms or the relevant Instructor as applicable
You will not disclose any personal information to an instructor, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information;
You will not solicit personal information from any instructor or other user more than the information provided to you for the learning

Copyrights and Intellectual property

AMSPARKS respects all copyright, privacy, defamation and other laws relating to content ,information and intellectual property rights of our users, participating institutions, and other third parties and expects our users and other people associated with us to do the same when using the services.
The company does not screen the submitted content and all use of the submitted content by you is at your own risk and the company shall have no liability for such use. In particular, no review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful
If you believe that submitted content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps You deem necessary to correct the situation. If you believe that submitted content of a third party or any company content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to the company in accordance with the procedures that we maintain at info@amsparks.com
All rights not expressly granted in these terms are retained by the content owners and these terms do not grant any implied licenses.
You are not allowed to use any of the digital images or logos from the website. In case of copyright issues, there has to be a written consent from the trademark owner
AMSPARKS has all the rights to disable or prohibit access to the users who do not respect and involve in the infringement of any copyright, privacy, defamation and other laws relating to content ,information and intellectual property rights
Once we receive any infringement notification, we remove the course material from our website marketplace and forward the notification to the instructor / consultant. Instructor / consultant (who prepared such course) can take this matter ahead in independent capacity.
AMSPARKS is free from any obligations arising thereof from such dispute

Copyrights and Intellectual property claim

If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us the below information and we will act on it
The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature
A description of the copyrighted work that you claim to be infringing your intellectual property
A description of where and how the material that you claim is infringing is located on the AMSPARKS website, with enough detail that we may find it on the website
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works
Contact details – address, telephone number, and email address
A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf

Pricing & Fees

AMSPARKS offers paid services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in Indian Rupees. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and AMSPARKS reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services.
As mentioned above all prices, products and offers of AMSPARKS website are subject to change without notice. While we make sure to provide most accurate and up-to-date information, in some cases one or more items on our web site may be priced incorrectly. This might happen due to human errors, digital images, technical error or a mismatch in pricing information received from our suppliers, AMSPARKS reserves the right to change prices for all our products, offers or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other mitigating circumstances. However the price you paid at the time of purchase still holds for you.

Refund and Moneyback policy

The below are the terms and conditions that govern the Refund Policy
Once the user registers, makes payment and starts the course NO REFUND shall be provided
Incase of onsite course if the training / workshop has been called off due to unavoidable circumstances the user shall be eligible for a refund or equivalent amount of credit for taking other course
For monetary refund the user will have to give bank details for NEFT / RTGS refund
Though there is a NO REFUND policy for the online courses once started ,the company may consider refund on case to case basis as a part of goodwill gesture. At the same time the company is not binded to provide a refund
The refund process will take place in two – four weeks time in case of monetary refund and incase of credit or other cases it will be done in 2-48 hours after the users consent and submission of required details for refund.

Confidentiality

We agree not to use any of your confidential information for any purpose except to operate the site and services in accordance with this agreement. We agree not to disclose any of your confidential information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the confidential information in order to operate the site and services. Nothing in this agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your confidential information. “confidential information” may include, solely to the extent entered into the services or site by you,
Technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you;
Confidential marketing strategies;
Confidential future product plans;
Confidential financial information (including pricing); and
Other confidential business information. confidential information will not include any information that Was publicly known and generally available in the public domain prior to the time of disclosure by you;
Is already in our possession at the time of disclosure by you;
Is obtained by us from a third party without a breach of such third party’s obligations of confidentiality; and is independently developed by us without use of or reference to your confidential information;
Is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Becomes publicly known and generally available after disclosure by you through no action or inaction of ours;

Disclaimer of warranties

You expressly acknowledge and agree that use of the service and the site is at your sole risk. The service and the site are provided on an “as is” and “as available” basis. To the fullest extent allowed by law, AMSPARKS expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The contents of the services or the site may contain bugs, errors, problems or other limitations. AMSPARKS assumes no liability or responsibility for any errors or omissions in content. AMSPARKS is not responsible for the contents of any material uploaded by the user on AMSPARKS . AMSPARKS does not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to AMSPARKS nor the responses or information supplied during the assessments. AMSPARKS does not warrant or make any representations regarding the use or the consequences of the use of any academic or non-academic material, nor does AMSPARKS warrant the correctness, usefulness, reliability, accuracy or otherwise of any of the material uploaded on its servers. AMSPARKS is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any academic or non-academic material on or through the service or the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of the material received while using the service or site.
AMSPARKS makes no warranty that the service or site will meet your requirements or that the service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does AMSPARKS make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the service or site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
AMSPARKS makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or the site.
No advice or information, whether oral or written, obtained by you from the service or site or through the service or site shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permissible pursuant to applicable law, neither AMSPARKS nor any parent entities, subsidiaries, affiliates, officers or employees shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the service or any academic or non-academic content, even if advised of the possibility of such damages. If you are dissatisfied with the service, the materials available on or through the service or the site, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the service and leave the site immediately.

Termination

These terms of use and the service may be terminated by AMSPARKS at any time. AMSPARKS shall not be liable to you or any third party in any manner for termination of the service. In the event you should become dissatisfied with the terms of use or any modifications thereof, or with the service or the site, your only recourse is to discontinue use of the service, terminate your subscription, and give notice to us of these actions.
Upon termination, your right to use the service and the site cease immediately and AMSPARKS shall have no obligation whatsoever to retain, forward or make available to you any of the academic or non-academic material available on AMSPARKS .

Indemnification

You agree to defend, indemnify and hold harmless AMSPARKS , its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the site or the service, academic content, non-academic content, assessments, course material and any other conduct related in any way to the service or the site, including but not limited to breaching any warranty or provision contained in these terms of use.

Jurisdiction

These terms of use and the relationship between you and AMSPARKS shall be treated as if entered into and executed in the jurisdiction of the high court of Mumbai, India and shall be governed and construed in accordance with the laws of the republic of India, without regard to conflict of law principles, and also excluding the united nations convention on contracts for the international sale of goods. You agree to submit to personal and exclusive jurisdiction and venue of the courts in the city of Mumbai, India. AMSPARKS makes no representation that the materials and content on the site or relating to the services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the services or the site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these terms of use must be made within 1 year of the occurrence of the underlying facts.

Nature of agreement

You agree that your completion of the registration procedure constitutes agreement to these terms of use. Further, these terms of use are the entire and only agreement between you and AMSPARKS and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the site or services. You agree that each use of the services and the site reaffirms your acknowledgment and agreement to the most current version of these terms of use.
General provisions. In any dispute arising from the relationship between you and AMSPARKS or these terms of use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. The failure by AMSPARKS to enforce any right or provision under these terms of use shall not constitute a waiver of that provision or any other provision of these terms of use. If any provision of these terms of use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect