PURPOSE OF THE TERMS AND CONDITONS
Terms and Conditions mentioned below defines alegal agreement between you ("You" or the "Authorized User"“User”, or “Subscriber) and SpireTec Solutionsor, as applicable, its local subsidiary ("We" or "Company" or “SpireTec Solutions"). Your access and use of the website (SpireTec Website or Website), its tools, course materials, or information, collectively, “Content”, available through this website or used in connection there with is governed by these terms.
SpireTec authorizes you to use this website and its services only on the condition that you accept and agree to all the terms and conditions contained in this TOS. If you do not agree with this TOS, you shall stop using the Website.
We recommend you read the terms and conditions stated by SpireTec Solutions carefully.
1. LIMITED USAGE LICENSE
SpireTec Solutions provides you only a limited license to access and use the SpireTec Website, and its content. The company transfers no ownership or intellectual property interest or title through this SpireTec Website to you or anyone else.
No joint venture, partnership, employment, or agency relationship exists between you and SpireTec Solutions as result of this TOS or your utilization of the SpireTec Website.
2. PROPRIETARY INTELLECTUAL RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the SpireTec Website, unless otherwise indicated, are owned, controlled, and licensed by SpireTec Solutions.
Except as expressly provided herein, SpireTec Solutions does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the SpireTec Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes under the Information Technology Act, 2000.
Please be aware that SpireTec Solutions does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of SpireTec Solutions trademarks. This SpireTec Website is copyrighted. Copyright SpireTec Solutions and/or its licensors. All rights reserved.
All courses or study programs– online or onsite – available on the Website are prepaid only. SpireTec Solutions offers pay-as-you-go or post-paid payment flexibility only to incorporated business entities. In no circumstances, SpireTec shall be held responsible for conducting a course or the delivery of the service if the tuition fee remains due towards any course.
4. COURSE PLAN & BILLING
SpireTec offers a predefined course or training plan (Online/Onsite), which may further be customised as per the demand of the subscriber. We recommend you review the course content before subscribing to it or purchasing it. Additional, terms and conditions might be applicable to the course you select.
The bill or invoice will be inclusive of the full fee for the course, taxes or GST as applicable under the federal financial law of India. In case of an online training (Virtual Classroom training), the arrangement of computer, Internet, etc. must be done by the subscriber at his or her expense. In case of on-site classroom training, SpireTec shall conduct the training session either at your premise or at a third-party venue. In case of a third-party venue, SpireTec may add the venue’s rental cost or other expenses to your invoice.
SpireTec Solutions accepts payment through Visa and MasterCard debit or credit card issued by any financial institution, bank or issuer. SpireTec Solutions may conduct a card verification with your bank or issuing authority to prevent any fraud and protect your financial interest.
6. LICENSE GRANT
The TOS grant to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the SpireTec Website and any programs, services, tools, materials, or information made available through or from the Website conditioned on your continued compliance with the terms and conditions of this Website.
Our online course or virtual classroom training is strictly meant to be accessed through a single Internet-connected device - desktop, laptop, workstation or tablet. You may also download information from the Website onto your laptop's, workstation's, or computer's storage device, and print materials and information from theWebsite solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
If you are using our website, or online/onsite classroom training on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with SpireTec Solutions regarding access and usage privileges for our Website and services, including, without limitation, a member services agreement with SpireTec Solutions. Nevertheless, your personal use of the SpireTec Website will be subject to the obligations and restrictions regarding use of the Website as set forth in this TOS.
The foregoing license is limited. The TOS restrict the commercial use of the digital or non-digital training materials obtained from SpireTec Solutions’ Website, or through its online or on-site classroom training. Take note of the restrictions applicable:
You shall not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any datain any manner not expressly granted to you through the terms and conditions.
You shall not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly granted to you through the Website or other agreement terms linked to your subscription.
You shall not use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SpireTec Website or in any way reproduce or circumvent the navigational structure or presentation of the SpireTec Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the SpireTec Website
You shall not attempt to gain unauthorized access to any portion or feature of the SpireTec Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the SpireTec Website or to any SpireTec Solutions server or to any of the services offered on or through the SpireTec Website, by hacking, password "mining," or any other illegitimate or prohibited means,
You shall not probe, scan, or test the vulnerability of the SpireTec Website or any network connected to the SpireTec Website, nor breach the security or authentication measures on the SpireTec Website or any network connected to the SpireTec Website
You shall not reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the SpireTec Website.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SpireTec Website or SpireTec Solutions systems or networks or any systems or networks connected to the SpireTec Website.
You shall not use any device, software, or routine to interfere with the proper working of the SpireTec Website or any transaction conducted on the SpireTec Website, or with any other person's use of the SpireTec Website
You shall not forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to SpireTec Solutions on or through the SpireTec Website.
You shall not use the SpireTec Website to harvest or collect e-mail addresses or other contact information
You shall not market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the SpireTec Website (or any part thereof) without SpireTec Solutions express, separate, and prior written permission.
You shall not use the SpireTec Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact SpireTec Solutions.
8. USER OBLIGATIONS
SpireTec expects you to use the Website and the services offered through the Website and/or the on-site training classroom ethically and responsibly to fulfil the intended purpose. Here is the list of user obligations:
You must have attained the legal age of majority to use or access the website, download any materials. If you have not attained that age, you shall be accompanied by your parents or legal guardian to access the Website, submit an query, use the Website to pursue course, attend our on-site classroom training or perform any other action that SpireTec approves.
You shall provide correct, current, and complete information when submitting information or materials on the SpireTec Website, including, without limitation, when you provide information via a SpireTec Website registration or submission form. The company reserves the right to decline your request if the information stands incorrect or incomplete in any manner.
Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive, or which is made available from SpireTec Solutions in connection with this TOS.
You shall not export the SpireTec Website (or access thereto) without complying with such laws, orders, restrictions, or regulations.
Use of the Internet and access to or transmissions or communications with the SpireTec Website is solely at your own risk.
Though SpireTec applies the best web and mobile technologies to offer you a secure Website, you agree and understand that the confidentiality of any communication or material transmitted to/from the SpireTec Website over the Internet or other form of global communication network cannot be guaranteed.
You shall not disclose your virtual classroom training subscription credentials to anyone. Nor shall you share the credentials with any other persons, unless it’s expressed in an agreement linked with your subscription plan.
9. USER GENERATED CONTENT
The TOS provide you with an active as well as passive user-engagement platforms like blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features. The content you share you with us through these platforms are termed as User Generated Content.
By submitting such User Generated Content, you hereby automatically grant to SpireTec Solutions a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the SpireTec Website and SpireTec Solutions service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.
With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide SpireTec Solutions with reasonable proof thereof (if requested)) required for SpireTec Solutions to use such content or information in connection with SpireTec Solutions services and the SpireTec Website.
Notwithstanding the foregoing, you acknowledge and agree that SpireTec Solutions shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the SpireTec Website in a timely or accurate manner. Moreover, SpireTec Solutions assumes no responsibility for the deletion of or failure to store any content or information.
10. OTHER TERMS AND CONDITIONS
SpireTec Solutions may use your personally identifiable information as well as non-personally identifiable information for advertisement. We may perform the advertisement ourselves or by engaging with any third-party entity.
12. YOUR RESPONSIBILITY IN COMMUNICATION
While submitting any User Generated Content as discussed above, or attending our online or virtual classroom training, we expect you to maintain decency and the rules of engagement. SpireTec restricts content that disrupts or spoil the communication or engagement platforms. You shall not post or communicate:
- Anything that interferes with or disrupts the SpireTec Website or the operation thereof
- Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others
- Statements or material that violates other contractual or fiduciary rights, duties, or agreements
- Statements or material that is bigoted, hateful, or racially offensive
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction
- Statements or material that constitutes anti-competitive collaboration and/or antitrust violations
- Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person
- Statements or material that harms minors
- Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of SpireTec Solutions
- Statements or material that misrepresents your affiliation with any entity and/or SpireTec Solutions
- Anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual
- Chain letters or pyramid schemes
- Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials
- Statements or material that are "off-topic" for a designated Forum
- Solicitations, offers, or requests for employment, contracting opportunities, performance of services for monetary gain, or the purchase, sale, or barter of items or materials.
- 17. Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or the SpireTec Website.
- 18. any content or information of a personal nature, such as video or audio of friends and family.
SpireTec endeavours and encourages to build healthy engagement that benefits its Website users, subscribers or customers. Respect others and their opinions.
13. PERMISSION TO USE USER GENERATED CONTENT
You grant SpireTec Solutions or its partner’s explicit permission to use your content to improve the Website, course materials, and our advertising or marketing strategy. Moreover, SpireTec Solutions assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
14. NO PRE-SCREENING OF USER GENERATED CONTENT
SpireTec Solutions is not responsible for screening, policing, editing, or monitoring your or other users’ User Generated Content. Before using any content or opinion, you shall evaluate its authenticity. SpireTec Solutions does not endorse, oppose, or edit any opinion or information provided by you or other users or customers and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.
SpireTec Solutions reserves the right to delete or take other action with respect to any User Generated Content or parts thereof that SpireTec Solutions believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to SpireTec Solutions or its products, services, and goodwill. If you violate this TOS, SpireTec Solutions may, in its sole discretion, delete the unacceptable content from your User Generated Content, remove or delete the Content in its entirety, issue you a warning, and/or terminate your use of the SpireTec Website.
In case your User Generated Content violates any prevailing copyright law in India, and we receive any notice about it from the author or authorized person on behalf of the original source, we may inform you of the same, or seek a legally remedy.
15. LINKS TO 3rd PARTY SITES
15. LINKS TO 3rd PARTY SITES
SpireTec SolutionsWebsite contains links to third-party websites to help you access information that you might be interested in or need to complete your course. Take note that such websites have their own terms and conditions and privacy practices.
SpireTec Solutions expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
16. THIRD-PARTY PRODUCTS/SERVICES RIGHTS
SpireTec Solutions, in its sole discretion, may post the advertisements of third parties on the SpireTec Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, SpireTec Solutions members.
SpireTec Solutions makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the SpireTec Website are solely between you and such third party.
SpireTec Solutions expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the SpireTec Website, and you agree that SpireTec Solutions shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the SpireTec Website.
17. THIRD-PARTY BRAND NAMES, TRADEMARKS, LOGOS
SpireTec Solutions Website contains third-party names, trademarks and logos. Their use is just for reference. You agree and understand that such references are just to help you understand the author, publisher or owner of the product or service. In no way, the usage means that SpireTec Solutions holds any right over their intellectual property. Such materials remain property of the respective owners.
SpireTec Solutionsshall not be held accountable for any breach in information transmission to its Website. You agree to assume all responsibility concerning activities related to your use of the SpireTec Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the SpireTec Website, and maintaining and backing up any data.
Any support, training, updates, upgrades, or maintenance of or for the SpireTec Website shall only be available through the sole discretion of SpireTec Solutions or pursuant to the terms and conditions of a separate written agreement with SpireTec Solutions.
You agree to defend, indemnify, and hold harmless SpireTec Solutions and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS.
19. NOTICE OF SECURITY BREACH
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by SpireTec Solutions, you shall immediately (i) notify SpireTec Solutions of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform SpireTec Solutions of the results of such investigation, (c) assist SpireTec Solutions using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist SpireTec Solutions as reasonably necessary to enforce SpireTec Solutions rights and to enable SpireTec Solutions to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
20. GOVERNING LAWAND AREA OF JURISDICTION
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the Republic of India as applied to agreements entered into and completely performed in the State of New Delhi. You and SpireTec Solutions each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Delhi for any disputes between us under or arising out of this TOS.
21. ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of the SpireTec Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. SpireTec Solutions reserves the right to view, monitor, and record activity on the SpireTec Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the SpireTec Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the SpireTec Website as well as to disclosures required by or under applicable law or related government agency actions. SpireTec Solutions will also comply with all court orders involving requests for such information. In addition to the foregoing, SpireTec Solutions reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the SpireTec Website, or any portion of the SpireTec Website, in order to protect the SpireTec Website, SpireTec Solutions, or SpireTec Solutions business.
22. COURSE TERMINATION& REFUND
SpireTec Solutions offers a 7-Day Moneyback Guarantee (no questions asked) from the date of purchase. Even after attending the course, if you feel the course is not of your liking or it’s not up to your expectation, you may terminate it. In online class termination, SpireTec shall process a full refund if the cancelation request comes before 25% of the course completion. In on-site classroom training, the refund is processed only when the cancelation request is raised not more than 1 day later to the commencement of the class.
SpireTec on its sole discretion may terminate your course at any time on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the SpireTec Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice.
23. LIMITATION OF LIABILITY
You expressly absolve and release SpireTec Solutions from any claim of harm resulting from a cause beyond SpireTec Solutions control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labour problems, wars, or governmental restrictions.
Under no circumstances, shall SpireTec Solutions be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the SpireTec Solutions website, with the delay or inability to use the SpireTec Solutions website, or for any information, services, programs, products, and materials available through the SpireTec Solutions website, whether based in contract, tort, strict liability, or otherwise, even if SpireTec Solutions has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Notwithstanding the foregoing, total liability of SpireTec Solutions for any reason whatsoever related to use of the SpireTec Solutions website shall not exceed the total amount paid by you to SpireTec Solutions in connection with the subject matter of the dispute.
You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to SpireTec Solutions, such injury would not be quantifiable in monetary damages, and SpireTec Solutions would not have an adequate remedy at law. You therefore agree that SpireTec Solutions shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.
Accordingly, you hereby waive any requirement that SpireTec Solutions post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to SpireTec Solutions to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as SpireTec Solutions licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without SpireTec Solutions prior written consent. You agree that SpireTec Solutions may assign any rights, duties or benefits under this TOS or then entire TOS to any of its subsidiaries or affiliates at any time without notice. Failure by SpireTec Solutions to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by SpireTec Solutions of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.