Terms and Conditions

1. BRIEF CONSIDERATIONS

 

  1. By accessing and using this website, you accept, without limitation or any other qualification, these Terms and Conditions and understand that any other agreements between you and SPARK ONLINE SCHOOL SRL (hereinafter “SPARK”) are subject in their entirety to these Terms and Conditions.

  2. The “Terms and Conditions” constitute the legal agreement between you, as the Client, and SPARK. Before using https://spark.school/ and entering into a contractual relationship with SPARK, we recommend that you read these Terms and Conditions in advance. By accessing and visiting the website, using your customer account on our platform, you fully and unconditionally accept these Terms and Conditions.

  3. From time to time, SPARK may amend the Terms and Conditions without prior notice. Amendments and information regarding their validity will be posted on this site for the information of customers and users of the site. Customers should, therefore, refer to this policy regularly to check for updated content. If, at any time, these Terms and Conditions become unacceptable to you, please discontinue accessing and using this website immediately.

 

  1. DEFINITION OF TERMS

  • SPARK/Provider – means SPARK ONLINE SCHOOL SRL, with the registered office in Cluj-Napoca, Str. Samuil Micu, nr. 12/A, sc. 1, et. 1, ap. 4, postal code 400014, CUI 43094777, formed with the Trade Register under number J12/2993/24.09.2020, e-mail address admissions@spark.school,  represented by Ruxandra Mercea as Managing Director.

  • Application/Enquiry/Contact us/Calculate fees – a form of communication between SPARK and the Client whereby the Client conveys to SPARK his/her intention to purchase the services available on https://spark.school/ and to enrol the student in SPARK SCHOOL.

  • Account – involves customising a section of the website – via our platform- by entering the email address by SPARK representatives and a password directly by the Client, which section contains information about the Client (e.g. user details, chosen payment method). Data provided prior to the creation of the Account will remain confidential and subject to the Privacy Policy;

  • Contract – is the contract concluded remotely between SPARK and the Client, without the simultaneous physical presence of the Provider and the Client, preceded by the admission of the student to the school and followed by the creation of the user account on the SPARK platform.

  • User/Client – any natural person with full (or restricted, i.e. between 13 and 16 years of age) legal capacity who sets up an account on the SPARK platform. Our site is not directed to children under 13. Suppose a parent or guardian becomes aware that his or her child has provided us with information without their consent. In that case, he or she should contact us using the details in the Contact Information section below. We will delete such information from our files as soon as reasonably practicable.

  • Document – this Terms and Conditions Policy, which governs the contractual relationship between SPARK and the Client shall be interpreted in accordance with Romanian law. Any inconsistency or invalidity of any part or clause of this Document with other applicable legal provisions shall not affect the validity and legality of the other provisions of this Document.

  • Product – any service that can be provided in accordance with the law and that does not violate the limits imposed by these Terms and Conditions. The services available through this platform consist of online, high school level, Cambridge curriculum educational services. For more details, please visit: https://spark.school/educational-model/

  • Personal data processing – see the Privacy Policy.

  • Transaction – is the operation whereby payment is processed for the purchase of the services provided by SPARK, depending on the chosen payment method/payment processor selected by the Client, based on the contract already concluded and the tax invoice sent by SPARK to the Client.

  • Visitor – any person who accesses the website, requests certain information (via the contact form/by submitting an application/by calculating your tuition fees), without having an account on the SPARK platform.

  • Website – means https://spark.school/ and the platform for logging in to created accounts, as well as any section or subpage of it. Websites and/or webpages or other components thereof belonging to third parties and accessed by customers as a result of links or redirects available on the https://spark.school/ website are not subject to or covered by this definition.

 

  1. CONDITIONS OF USE

    1. Access to and use of this website is made in accordance with and is subject in its entirety to the provisions of this Document.

    2. By accessing and using https://spark.school/ you agree and implicitly accept the applicability of these provisions.

 

  1. COPYRIGHT

    1. SPARK owns full and complete title to the files, pictures and materials published on the Website and all intellectual property rights arising therefrom.

    2. All trademarks and logos are owned by SPARK and no person or entity has the right to copy or use them in any way.

    3. The use, taking, copying or modification without SPARK’s consent of any graphic/design/structural elements etc. present on the https://spark.school/ website is strictly prohibited. Any infringement of SPARK’s rights is subject to the law and will be dealt with by the entities empowered for this purpose.

    4. No item of content transmitted to the customer by any means of communication (electronic, telephone, etc.) or acquired by the customer by accessing, visiting and/or viewing shall constitute a contractual obligation on the part of SPARK.

 

  1. PRIVACY

    1. SPARK will keep confidential information that Clients, Users and Visitors provide. Sharing the information provided will only be possible under the conditions mentioned in the Privacy Policy.

    2. Suppose there is any suspicion of data security or possible misuse of the Account created for a Client. In that case, SPARK will immediately take appropriate measures (e.g. ask the Account Holder to change the password) or even delete the Account, with prior notification to the person concerned.

    3. Processing of personal data and data protection rules can be accessed here.

    4. SPARK respects and protects the right to protection of personal data of users/visitors of this website and is obliged to manage safely and only for the specified purposes the personal data you provide us about yourself. The purpose of data collection is to provide users/visitors of the website with the highest quality information and services, as well as marketing, advertising and publicity services.

    5. We use Hotjar in order to understand our users’ needs better and to optimise this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.), and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on users’ behaviour and devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

    6. We are using Azure Open AI Service to provide features that are used by teacher users in our platform. The features cover exercises generation and automated feedback suggestions for student text answers to exercises. The teacher views and validates the information before offering the results to students. You can see the data privacy for the Azure OpenAI service here .

 

  1. FILLING IN THE APPLICATION AND PAYING FOR SERVICES

    1. Spark Generation clients can choose on https://spark.school/ the services they want and enter into a contractual relationship by paying by one of the expressly indicated methods.

  1. Spark Generation will send the Client the fiscal documents related to the payment of the contracted services only in electronic format to the e-mail address provided.

  2. Transactions are secured at a high level to make payments in the most secure conditions. Card data processing is exclusively done on the payment processor’s servers. The security of the information is guaranteed by the fact that payment processors do not store confidential card data but send it encrypted over a secure connection to the processing bank. In this way, customer information is safe.

 

  1. SECURITY

    1. When using the website, you are responsible for ensuring the confidentiality of your access account data (individually configured password) and you agree to take full responsibility for the activities/actions carried out on the SPARK platform based on your account and password. We recommend that you do not disclose your login details, if you have such an account.

    2. Suppose the confidentiality of the access data has been compromised. In that case, you are obliged to notify SPARK as soon as possible in order to restrict access to your account and to generate as quickly as possible a way for you to regain possession of your account.

    3. Unauthorised operations such as misuse, fraudulent use, unauthorised access, modification, copying of information for commercial purposes, blocking access, etc. to this Website will be punishable by law.

 

  1. USEFUL INFORMATION FOR USERS

    1. As a User, you understand and agree to the following information:

  1. To receive occasional text messages for informational purposes from SPARK, in accordance with the GDPR Policy, for certain one-off campaigns (with the ability to withdraw consent at any time in the manner set out here);

  2. Provide true, accurate and complete data about yourself;

  3. Maintain and update, where appropriate, your registration data, so they can be true, accurate and complete.

  4. You may not use https://spark.school/ in the following ways or for the following purposes:

    1. In violation of the Terms and Conditions herein;

    2. In violation, in any way, of the applicable legal provisions or in ways that may lead to the violation, in any way, of the applicable legal provisions;

    3. In any way acting on behalf of and for the account of another person, in particular by using false names, false e-mail addresses, false telephone numbers, etc.

    4. For promoting or concealing activities of an illegal or immoral nature;

    5. To reproduce, in any way, the interface of the website/platform in order to mislead users, customers or potential customers of SPARK;

    6. To gain unauthorised access to data that our visitors or customers have voluntarily provided to us;

    7. To introduce malicious programs or lines of code into the system;

    8. To solicit illegal information, products or services, or to solicit information to cover up illegal activity;

    9. To gain access to various sections or subsections of the site or products or services offered by us using illegal procedures.

 

  1. As a User/Client, you agree not to engage in the following activities:

  1. Publish copyrighted material unless you are the author or have the author’s permission to publish such material;

  2. Publish material that is obscene, defamatory, threatening or malicious towards another user, natural or legal person, material or information prohibited by the legal provisions in force;

  3. Publish an image or statement that contravenes the legal rules in force or morality.

 

9. Please read this Disclaimer carefully before using our web platform. By clicking on the consent box and uploading any text, image, or video content, you acknowledge and agree to the terms and conditions stated below.

  1. Content Responsibility:
    You, as a user of our web platform, are solely responsible for the content you upload, including but not limited to texts, images, and videos. When uploading content on our platform (text/image/video etc.) you certify that you have the necessary rights, permissions, or consents to use, reproduce, display, and distribute such materials, ensuring it complies with applicable laws, regulations, and the rights of others, including copyright, privacy, and data protection laws.
  2. Intellectual Property Rights:
    You understand and acknowledge that you retain ownership of any intellectual property rights you hold regarding the content you upload. However, by uploading the content onto our web platform, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, and distribute the content solely for the purpose of operating and providing our platform’s services.
  3. Moderation and Removal:
    While we strive to provide a safe and lawful environment for our users, we do not take responsibility for monitoring or reviewing user-generated content. However, we reserve the right to moderate, remove, or refuse any content that violates our terms of service or applicable laws. We encourage our users to report any content that they believe may breach these guidelines.
  4. Third-Party Content and Links:
    Our web platform may contain links to third-party websites or services that are not owned or controlled by us. We cannot be held responsible for the content, privacy policies, or practices of such third parties. We recommend that you review the terms and privacy policies of any third-party websites you visit.
  5. No Warranty or Liability:
    We provide our web platform “as is” and do not make any warranties or guarantees regarding its availability, functionality, or accuracy of the content. We shall not be liable for any damages or losses resulting from the use or inability to use our platform, including any direct, indirect, incidental, or consequential damages.

 

      10. APPLICABLE LAW and JURISDICTION

 

  1. These Terms and Conditions and the use of https://spark.school/ and https://my.spark.school/ are governed by the laws in force in Romania. In the event of any dispute arising from the contractual relationship or resulting from or in connection with the conclusion, interpretation, performance or termination thereof, such dispute shall be settled either by referring to the relevant courts of law in Cluj-Napoca or by arbitration by the Court of Arbitration of the Cluj Chamber of Commerce and Industry, according to its procedure, and by a single arbitrator. The ruling is final for the parties. Each party shall be entitled to choose one of the two methods of dispute resolution.

 

Last update: 15 January 2024