These terms and conditions (the “Terms“) create a legally binding contract between you and Sparkline Pte Ltd (“Sparkline“). Sparkline is a private limited company registered under the laws of Singapore and its registered office is 1 Tanjong Pagar Road #04-01, Singapore 088454.
In these terms and conditions: (a) “we” means Sparkline and “our” and “us” shall have the corresponding meaning; and (b) “you” or “the Student” shall mean the you as the student and “your” shall have the corresponding meaning.
1.1 Unless otherwise specified, the following words shall have the meanings set out below in these Terms:
“Course” means a course you enrol in and pay for through the Online Learning Platform and consists of access to the associated learning guides and support services offered by Sparkline.
“Course Commencement Date” means the date on which you receive email confirmation from Sparkline confirming your payment and enrolment in a Course.
“Course Completion Date” means the date on which you have completed all modules related to the relevant Course.
“Course End Date” means the date which falls 3 calendar months after the Course Commencement Date.
“Intellectual Property Rights” includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks, service marks and designs, trade names, logos, get-up, domain names, copyright (including rights in computer software), database rights, rights in performance, moral rights, circuit layouts, data and databases, confidential information, know how, and all other rights resulting from intellectual activity. “Intellectual Property” has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
“House Rules” means the house rules that apply to all students enrolled in the Course(s) and actively participating in the online learning environment, a link to which is be provided in the Online Learning Platform.
“Online Access” means access to the Online Learning Platform.
“Online Learning Community” means Sparkline’s online learning community of active learners and alumni.
“Online Learning Platform” means the platform used to access Materials with respect to the Course(s) you have enrolled in and the Online Learning Community.
“Materials” means all items associated with the Course(s) that are issued to you or you are provided access to (online or otherwise) throughout the duration of the Course(s).
“Price” means the price of a Course as indicated on the Online Learning Platform and paid in full by you prior to the relevant Course Commencement Date and includes all associated goods and services tax.
“Student Product” means the written output in the form of personal notes, exercise answers and self-generated reports, which are produced by you during your participation in the Course(s).
“Student Content” means any content that is produced by the student as part of the Course(s) that is not Student Product, including but not limited to reports, presentation, videos or audio recordings, websites, web pages, graphics, blog entries, quotes, potential names/trademarks and research.
“Third Party Content” means content owned by third parties to which you may be directed towards during the Course(s), including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks.
2.2 You further warrant that all information you provide to us (including your name, address and payment details) is complete, accurate and current and you agree to notify us as soon as practicable of any changes in the details that you provided in connection with the enrolment to the Course(s).
3.1 In order to enrol in the Course(s) you will register and establish an account with Sparkline through the Online Learning Platform. You agree that you shall, at all times, maintain the confidentiality of any password you choose to gain access to the Course(s) through your account and that you are solely responsible for any activity under your account by using your login details and password. If you become aware that your login details and password have been used by a third party, you are obliged to notify Sparkline immediately.
3.3 You will be sent via email your Course log-in details and receive access to the Course within 24 hours of the relevant enrolment being completed and the Price having been paid in full through the Online Learning Platform.
3.4 You will be able to complete a Course at any time during the period commencing on the Course Commencement Date and ending on the Course End Date. In circumstances where you have not completed all of the modules for the Course by the relevant Course End Date, Sparkline is unable to grant any extension to the Course End Date. There will be no exceptions to this term.
3.5 In order to complete the Course(s) you will need to log on to the Online Learning Platform to access Materials and complete the modules for your Course. In doing so you agree to abide by the House Rules (as amended from time to time). We reserve the right to suspend access to the Online Learning Platform in the event that you breach any of these Terms or the House Rules.
3.6 From the Course Completion Date to the Course End Date you will continue to have access to any video content that forms part of the Course on the Online Learning Platform. Following the Course End Date, you will still be able to access the Online Learning Platform, your notes, certain downloadable materials and the online community learning forums. Sparkline reserves the right to terminate access to the Online Learning Platform at any point after the Course End Date, including where there has been inactivity in your account for a period of [four weeks].
3.7 We make no warranties that the Online Access will be uninterrupted or error-free or that defects therein will be able to be corrected immediately. If there is a significant disruption to access which, in our opinion significantly impacts your learning experience, we will use reasonable efforts to create contingency plans to ensure you can receive all the training expected from the Course(s).
3.8 In addition to our rights in clause 7 (Termination), we reserve the right to: (a) suspend Online Access and/or cease to provide the Course(s) where you are in breach of these Terms; or (b) delete, vary or change any content in the Online Learning Platform (or attempt to, as the case may be) at any time.
3.9 Sparkline shall provide the Course(s) in a professional manner. We reserve the right to change information and specifications relating to the Course(s) from time to time where in our sole opinion that the changes improve the experience of all students.
4.1 Any Intellectual Property Rights in the Course(s), Materials, the Online Learning Platform and all Student Content are owned by and shall remain vested in Sparkline (or its licensors, as the case may be). You shall not challenge this ownership.
4.2 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Course(s), Materials, Online Learning Platform and/or Student Content.
4.3 Any Intellectual Property Rights in the Student Product are owned by and shall remain vested in you.
4.4 You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course(s), the Materials or the Online Learning Platform (or its associated Intellectual Property) or use (other than as permitted under these Terms), reproduce or deal in the Course(s) the Materials or the Online Learning Platform (or its associated Intellectual Property) or any part thereof in any way.
4.5 Upon your enrolment in the Course(s) and your acceptance of these Terms, we hereby grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course(s) and Student Content only for your own personal use and for the purpose of completing the Course(s). Sparkline does not grant you any other rights with respect to the Course(s).
5.1 Any personal information collected by Sparkline will be collected, retained, used, processed and disclosed by us in accordance with the Personal Data Protection Act 2012 of Singapore (the “PDPA“). We will take all reasonable and appropriate measures to keep students’ personal information secure at all times in accordance with the PDPA. Any disclosures of information will be made only with your permission and any other requirements of the PDPA. You agree that we may use your name, e-mail address and telephone number to contact you for any matter relating to other courses in which they feel you may be interested in.
6.1 You acknowledge that during the Course(s) we may direct or signpost or link to third party websites, feeds or content that are connected or relevant to the Course(s) (“Third Party Content“). You understand that when you click on any such Third Party Content you will leave our Online Learning Platform and will be redirected to another site which is not operated by us. Any such direction, signposting or link does not imply any Sparkline endorsement, approval or recommendation of, or responsibility for, such Third Party Content or their content or operators or the availability of such Third Party Content. To the maximum extent permitted by law, Sparkline excludes all responsibility or liability for any such Third Party Content.
6.2 You shall read the privacy and security policies of any Third Party Content you access through the Course(s) and contact the relevant operator directly if you have an concerns regarding the relevant Third Party Content.
7.1 Unless terminated by us earlier in accordance with these Terms, these Terms shall automatically terminate on the date on which access to your account is terminated by Sparkline in accordance with clause 3.6 above.
7.2 We may terminate the agreement set out in these Terms if: (a) you are in material breach of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied; or (b) you infringe our Intellectual Property Rights.
7.3 Upon the termination of the agreement in accordance with 7.2 above, you shall cease to access to Online Learning Platform and you must return the Materials.
7.4 The following provisions shall survive the termination or expiry of these Terms: clauses 4,7.4, 9, 10.
Save as permitted by any applicable legislation (including the Consumer Protection (Fair Trading) Act of Singapore) you may not cancel your enrolment in the Course(s) at any time. If you choose to cease participating in the Course(s) at any time after the Course Commencement Date and before the Course End Date, you do so at your own cost and acknowledge that you will not receive a refund of the Price (in part or in whole).
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages and costs and all claims, actions or proceedings (including by any third parties) arising out of: (i) your participation in the Course(s); (ii) the use of the Online Learning Platform; (iii) any breach or alleged breach by you of these Terms; or (iv) any infringement or alleged infringement of Sparkline’s Intellectual Property Rights.
10.1 Without restricting clauses 10.2 and 10.3 below, you accept that to the extent permitted by law, we shall not be responsible or liable to you (whether in contract, tort or otherwise) under any circumstances, for: (i) access delays or interruptions in accessing the Online Learning Platform (ii) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (iii) events beyond our reasonable control.
10.2 The information in the Online Learning Platform may be updated from time to time and although we attempt to ensure the Online Learning Platform is as up to date as possible, information may be out of date when viewed by you. We do not take responsibility for keeping such information in these pages up to date and accept no liability for failing to do so.
10.3 We make no guarantees that the Online Learning Platform (or any hyperlink through to or from Third Party Content) will be free from computer viruses or any other malicious or impairing computer program. It is your responsibility to ensure that you take all reasonable precautions when accessing the Online Learning Platform. You accept that here may, for time to time, be technical inaccuracies and typographical errors on the pages the Online Learning Platform.
10.4 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
10.4 You accept that to the extent permitted by law, we shall not be responsible or liable to you for any indirect or consequential loss or damage, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising, even if the Party is aware or should have known that such losses or damages are possible and direct damage are not sufficient remedy.
10.5 To the extent permitted by law, the maximum aggregate liability of Sparkline for any claim arising under or in connection to this Agreement shall not exceed the Price. This does not exclude or limit in any way our liability to you in respect of any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability. For the avoidance of doubt Sparkline accepts no liability for the action (or inaction) of Adeption.
11.1 Sparkline shall not be liable to the Student for any failure to perform its obligations under these Terms to the extent caused by circumstances beyond the reasonable control of Sparkline, excluding an event to the extent that it could have been avoided by Sparkline taking reasonable steps or reasonable care.
11.2 Any notices to be served on us shall be delivered to our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when enrolling in the Course(s). Where the notice applies to Students generally, we may post the notice on the Online Learning Platform. Notice will be deemed delivered and received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter by registered mail.
10.3 These Terms are governed by, and must be interpreted in accordance with, the laws of Singapore. Each of us submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms. A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as amended, modified or re-enacted) to enforce any of its terms.
10.4 These Terms are binding upon each Party, its successors, and permitted assigns. These Terms will not be assignable or transferable by you without the prior written consent of Sparkline. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement established by these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement established by these Terms. Any sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
10.5 These Terms do not create any partnership, agency or joint venture between the Parties.
10.7 We may revise these Terms from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which these Terms were last updated. Your continued enrolment in the Course constitutes your acknowledgement and acceptance of such changes.
10.8 No failure or delay by either of us in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege under these Terms.
10.9 The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
Any complaints regarding the Course(s) should be made directly to Sparkline via email to the following address: firstname.lastname@example.org. Sparkline will take reasonable steps to ensure that all complaints are dealt with promptly and professionally.