A. Staarken InfoSec LLP (“Staarken”, “the Company”, “We”, “Us” or “Our”), a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008, having its principal place of business at Thane West, Maharashtra, India, is engaged, inter alia, in the business of providing cybersecurity services including Vulnerability Assessment and Penetration Testing (VAPT), compliance readiness advisory, and professional and corporate training programmes in the field of cybersecurity (each, a “Course”).

B. The individual seeking to enrol, or enrolled, in a Course (“Professional/Student”, “Participant”, “You” or “Your”) has applied, or intends to apply, for admission to a Course offered by Staarken, either in an individual capacity or as a nominee of an employer or sponsoring organisation.

C. These Terms and Conditions (“Terms”), together with the applicable Course brochure, syllabus, enrolment form and fee schedule (collectively, the “Course Documents”, incorporated herein by reference), set out the entire basis on which Staarken agrees to provide, and the Participant agrees to receive, training and related services.

D. By (i) submitting the enrolment or registration form, (ii) making payment of any part of the Course Fee, or (iii) attending or accessing any Session of a Course, whichever occurs first, the Participant confirms having read, understood and unconditionally accepted these Terms. Where the Participant is sponsored by an employer, references to “Participant” shall, where the context so requires, extend to that employer, who shall procure the individual's compliance with these Terms.

2.1 In these Terms, unless the context otherwise requires, the following expressions shall have the meanings set out below:

“Batch” means a group of Participants enrolled or registered for the same Course and scheduled to undertake the Course during the same specified period. Staarken may, at its discretion, add or assign additional Participants to an existing Batch during the Course period, subject to the applicable Course terms and availability.

“Course Fee” means the fee payable by the Participant for a Course, as specified in the applicable Course Documents or stated by consular, exclusive of applicable taxes unless stated otherwise.

“Course Materials” means all study material, presentations, lab manuals, recordings, question banks, software, tools and other content made available by Staarken in connection with a Course.

“Effective Date” means, in relation to a Participant, the date on which that Participant accepts these Terms in the manner described in Recital D.

“Instructor” means any trainer, faculty member, subject-matter expert or third-party resource engaged by Staarken to conduct a Session.

“Session” means any individual class, lecture, lab, workshop or assessment forming part of a Course, whether conducted online, offline or in a hybrid format.

“Working Day” means a day other than a Saturday, Sunday or public holiday observed by Staarken at its Thane office.

2.2 Headings are for convenience only and shall not affect interpretation. Words importing the singular include the plural and vice versa. The word “including” shall mean “including without limitation.” References to any statute or regulation include amendments, re-enactments or replacements thereof. These Terms shall be governed by and construed in accordance with the laws of India.

3.1 The Course shall be conducted substantially in accordance with the course content, curriculum and learning outcomes described in the applicable Course Documents, which fall within the ambit of the course as designed by Staarken from time to time.

3.2 The parties agree that the scope of a Course may be extended to cover more specialised or advanced content, whether at the request of the Participant, a Batch, or at Staarken's own initiative, provided that any material extension involving additional fees or duration shall be communicated to, and, where it entails additional cost to the Participant, agreed with, the Participant in advance.

3.3 The Participant represents and warrants that they possess the prerequisite knowledge and background specified for the Course. Staarken may, at the time of enrolment, conduct an evaluation of the Participant's existing skill set for the purpose of Batch placement and pedagogical planning; however, such evaluation is conducted solely for Staarken's internal purposes and does not constitute, and shall not be construed as, any representation, endorsement, warranty or certification by Staarken that the Participant does, in fact, possess the requisite prerequisite skills.

3.4 The identity of the Instructor and the procedure, methodology, teaching format and pace of a Course or any Session shall be determined by Staarken in its sole discretion. Staarken shall give due consideration to feedback received from Participants; however, any decision to alter the Instructor, format, methodology or pace pursuant to such feedback shall remain at the sole discretion of Staarken.

3.5 The Participant acknowledges and agrees that cybersecurity is a dynamic and fast-evolving field, and that regular independent practice, research, and staying abreast of emerging trends, tools and techniques are essential to the Participant's competence in this field. Completion of a Course, by itself, does not guarantee continued proficiency in the absence of such ongoing effort by the Participant.

3.6 Batch size for each Course shall be determined by Staarken in its sole discretion, and Staarken reserves the right to combine, split, postpone or reschedule Batches where it considers this necessary for the effective delivery of the Course.

3.7 The Course duration communicated at the time of enrolment is indicative only. The actual duration may vary depending on, among other things, the learning pace of the Batch or the individual Participant, public holidays, Instructor availability, and other operational factors, and shall not, by itself, entitle the Participant to any refund, discount or compensation.

4.1 The Participant shall be at least 18 years of age, or, if a minor, shall enrol through and with the consent of a parent or legal guardian who shall countersign the enrolment form and be jointly responsible for the Participant's obligations under these Terms.

4.2 The Participant shall use all Course Materials, lab environments, tools, credentials and techniques taught or provided during the Course solely for lawful, authorised and educational purposes, and strictly in accordance with the Information Technology Act, 2000 and any other applicable law. The Participant shall not use any skill, tool or technique acquired during the Course to access, test, attack or interfere with any system, network or data without the express, prior, written authorisation of the owner of that system, network or data.

4.3 The Participant shall not share login credentials, lab access, or Course Materials with any third party, and shall maintain the confidentiality of any non-public material provided during the Course, except with Staarken's prior written consent.

4.4 Staarken reserves the right to suspend or terminate a Participant's access to a Course, without refund, in the event of misuse of lab environments, breach of this Clause 4, or conduct that is abusive, unlawful, or disruptive to other Participants or Instructors.

5.1 The Course Fee payable by the Participant shall be as specified in the applicable Course Documents at the time of enrolment and shall be paid in the manner and instalments (if any) set out therein. All Course Fees are exclusive of applicable taxes (including GST), which shall be charged additionally at the rate prevailing on the date of the relevant invoice.

5.2 Save as expressly provided in this Clause 5, the Course Fee is non-refundable and non-transferable once paid.

5.3 Notwithstanding Clause 5.2, Staarken may, at its sole discretion, and without any obligation to do so, consider a refund request made by a Participant. Where Staarken agrees to process a refund, such refund shall be calculated on a pro-rata basis, limited to the Sessions not yet conducted or attended as of the date the refund request is received in writing, and shall be computed as follows:

(a) the per-Session or per-hour value of the Course shall be determined by dividing the total Course Fee by the total number of Sessions or hours comprised in the Course, or, where Staarken considers it more appropriate, by reference to the prevailing industry-standard per-hour rate for comparable training as reasonably determined by Staarken;

(b) the amount attributable to Sessions already conducted (whether or not attended by the Participant), together with any administrative, registration, material or platform costs already incurred by Staarken on the Participant's behalf, shall be deducted from the Course Fee paid; and

(c) the balance, if any, and if approved by Staarken, shall constitute the refundable amount, payable within thirty (30) Working Days of approval, to the original mode of payment, less any bank or payment-gateway charges.

5.4 No refund shall be considered or payable once a Course has been fully completed or a certificate of completion has been issued to the Participant, or where suspension or termination of access has occurred under Clause 4.4.

5.5 Rescheduling of a Batch or Session, or a change in Instructor, shall not, by itself, entitle the Participant to a refund.

6.1 All Course Materials, including any curriculum, presentations, lab environments, videos, question banks, trademarks, and the “Staarken InfoSec” and “Fortify Academy or Fortify Solutions” names and marks, are and shall remain the exclusive property of Staarken or its licensors.

6.2 The Participant is granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Course Materials solely for personal learning purposes during and, where expressly permitted, after the Course. The Participant shall not reproduce, distribute, publicly display, sell, sub-license or create derivative works from the Course Materials without Staarken's prior written consent.

7.1 Each party shall keep confidential any non-public information disclosed by the other party in connection with the Course, and shall not disclose such information to any third party except as required by law or with the disclosing party's prior written consent.

7.2 Staarken shall collect and process the Participant's personal data solely for purposes connected with enrolment, delivery of the Course, certification, and communication regarding Staarken's services, in accordance with applicable Indian data protection law, including the Digital Personal Data Protection Act, 2023, once and to the extent it comes into force and applies.

7.3 Subject to applicable data protection and privacy laws, and where required, with the Participant’s consent, Staarken may use the Participant’s name, photograph, video, professional designation, organisation details, Course participation, achievements, feedback, testimonials, and other information voluntarily provided by the Participant for its legitimate marketing, promotional, educational, branding, and business communication purposes. Such use may include publication or display on Staarken’s website, social media platforms, digital or print promotional materials, advertisements, presentations, brochures, newsletters, and other communication or promotional channels operated or authorised by Staarken. Staarken shall not use or disclose such information in a manner that is unlawful or inconsistent with applicable data protection requirements.

8.1 On satisfactory completion of a Course, including any assessment component prescribed by Staarken, the Participant shall be issued a certificate of completion or competency, subject to attainment of the minimum attendance and, where applicable, minimum assessment score prescribed for that Course.

8.2 A certificate issued by Staarken evidences completion of Staarken's internal training and assessment and does not constitute, and shall not be represented by the Participant as, any government-recognised qualification or licence, unless expressly stated as such in the relevant Course Documents.

9.1 To the maximum extent permitted by applicable law, Staarken's aggregate liability to the Participant arising out of or in connection with a Course, whether in contract, tort or otherwise, shall not exceed 10% of the Course Fee actually paid by the Participant for that Course.

9.2 Staarken shall not be liable for any indirect, incidental, special or consequential loss, including loss of employment opportunity, business or profit, arising from the Participant's enrolment in, or completion of, a Course.

9.3 Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, or any liability that cannot be excluded or limited as a matter of applicable law.

10.1 The Participant shall indemnify and keep indemnified Staarken, its partners, employees and Instructors against any loss, damage, liability, claim or expense arising out of the Participant's breach of Clause 4 (Eligibility, Conduct and Acceptable Use), or any unlawful or unauthorised use by the Participant of any skill, tool or technique acquired during the Course.

11.1 Neither party shall be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disaster, pandemic, act of government, internet or power outage, or other event of force majeure, provided the affected party notifies the other party and uses reasonable efforts to mitigate the impact.

12.1 In the event of any dispute, controversy or claim arising out of or in connection with these Terms or a Course, the parties shall first attempt, in good faith, to resolve the matter through mutual discussion within thirty (30) days of a written notice of dispute.

12.2 If the dispute is not resolved through mutual discussion within the period specified in Clause 12.1, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Thane, Maharashtra, and the arbitration proceedings shall be conducted in the English language. The decision and award of the arbitrator shall be final and binding on both parties.

12.3 If the parties fail to mutually agree upon or appoint the sole arbitrator within the applicable period, either party may seek appointment of the arbitrator in accordance with the Arbitration and Conciliation Act, 1996. Subject to the foregoing arbitration agreement, the competent courts at Thane, Maharashtra shall have exclusive jurisdiction in respect of matters arising out of or relating to the arbitration, including applications for interim relief, appointment of an arbitrator, enforcement or challenge of an arbitral award, and any other matter that is not capable of being resolved by arbitration.

13.1 These Terms shall be governed by and construed in accordance with the laws of India.

13.2 Subject to Clause 12, the courts at Thane, Maharashtra alone shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, and the Participant irrevocably submits to such jurisdiction.

14.1 Entire Agreement: These Terms, together with the Course Documents, constitute the entire agreement between the parties in relation to the Course and supersede all prior discussions, representations or agreements, whether written or oral.

14.2 Amendment: Staarken may amend these Terms from time to time, with prospective effect, by publishing the revised Terms on its website or otherwise notifying enrolled Participants; provided that no such amendment shall retrospectively reduce the Course entitlements already paid for by an enrolled Participant.

14.3 Assignment: The Participant shall not assign or transfer any right or obligation under these Terms without Staarken's prior written consent. Staarken may assign these Terms in connection with a merger, reorganisation, or sale of its business.

14.4 Severability: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

14.5 Waiver: No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise preclude any further exercise.

14.6 Notices: Any notice under these Terms shall be in writing and delivered by hand, courier, registered post, or electronic mail to the address or e-mail id provided by the Participant at enrolment, or to Staarken's registered office/official e-mail id, and shall be deemed served on actual delivery or, in the case of e-mail, on transmission absent evidence of non-delivery.

14.7 Electronic Acceptance: Acceptance of these Terms by electronic means, including by clicking “I Agree,” digital signature, or online payment, shall constitute valid and binding acceptance under the Information Technology Act, 2000, with the same effect as a physical signature.

14.8 Relationship of Parties: Nothing in these Terms shall be construed as creating a partnership, agency, or employment relationship between Staarken and the Participant.

14.9 Counterparts: Where these Terms are executed in physical form, they may be executed in counterparts, each of which shall be deemed an original.