Effective Date: January 06, 2020
Last Updated: August 06, 2020
1. ACCEPTANCE OF TERMS
1.1. DepEd EPT Reviewer, Principals’ Test Online Review, Principals’ Test Reviewer, NQESH Reviewer, TeacherPH Online Review (the “Apps”) and content available via the Apps (“Content”) are distributed by TeacherPH as stated in an app store (“we” “us” “our” or “TeacherPH”). The Apps, together with the Content, tools, transactions, and other services available by using the Apps, are collectively referred to as the “Service”.
1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the “Terms”), which establishes a legally binding contractual relationship between you and TeacherPH. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.4. Unless otherwise expressly provided herein, we will alert you about any changes by updating the “Last Updated” date of these Terms and you waive any right to receive specific notice of each such change.
1.5. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD, DELETE OR UNINSTALL THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
2. IMPORTANT DISCLAIMERS
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, TEACHERPH DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE.
3. PROFILE REGISTRATION
3.1. In order to use certain features of the Service, you may be required to register your profile in the App (“Profile”) and provide certain information about yourself as prompted by the registration form.
3.2. If you register the Profile, you represent and warrant to TeacherPH that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
3.3. The Service is not intended to be used by individuals under the age of 18. You hereby represent and warrant to TeacherPH that you meet the foregoing qualification.
3.4. TeacherPH reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify TeacherPH of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. TeacherPH cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.6. By using the Service, you agree to receive certain communications, such as updates on the App or a periodic e-mail newsletter from TeacherPH. You can opt-out of non-essential communications by unsubscribing from the email notification.
4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software and materials displayed on the Service or used by TeacherPH to operate the Service (including the App and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties.
4.2. TeacherPH expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
4.4. You grant TeacherPH the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
4.5. Subject to these Terms, TeacherPH grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install and use the App, solely on your own handheld mobile device (e.g., Android) and solely for your personal, non-commercial purposes.
4.6. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
4.7. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.8. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of TeacherPH’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that TeacherPH has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
4.9. Your access to and use of the Service is at your own risk. TeacherPH will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
4.10. TeacherPH has no obligation to provide you with customer support of any kind. However, TeacherPH may provide you with customer support from time to time, at TeacherPH’s sole discretion.
5. APP STORES, THIRD-PARTY ADS, OTHER USERS
5.1. You acknowledge and agree that the availability of the App is dependent on the third-party from which you received the App, e.g., the Google Playstore, Huawei AppGallery, and/or other app stores (collectively, “App Stores” and each, an “App Store”).
5.2. The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads are not under the control of TeacherPH and TeacherPH is not responsible for any Third-Party Ads. TeacherPH provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
5.3. Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that TeacherPH will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
5.4. You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third-Party Ads.
6. USER REPRESENTATIONS AND RESTRICTIONS
6.1. By using the Service, you represent and warrant that:
6.1.1. you have the legal capacity and you agree to comply with these Terms;
6.1.2. you are not under the age of 18;
6.1.3. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
6.1.4. you will not use the Service for any illegal or unauthorized purpose;
6.1.5. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
6.1.6. you are not listed on any U.S. government list of prohibited or restricted parties; and
6.1.7. your use of the Service will not violate any applicable law or regulation.
6.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
6.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
6.4. As a user of the Service, you agree not to:
6.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
6.4.2. make any unauthorized use of the Service;
6.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
6.4.4. use the Service for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
6.4.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
6.4.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
6.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
6.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;
6.4.9. engage in unauthorized framing of or linking to the Service;
6.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
6.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
6.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
6.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
6.4.14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
6.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
6.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
6.4.17. use the Service in a manner inconsistent with any applicable laws or regulations; or
6.4.18. otherwise infringe these Terms.
7. DISCLAIMER OF ALL WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TEACHERPH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
8. REMOVAL OF OFFENSIVE CONTENT
8.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on our app for any purpose.
8.2 We are under no obligation to monitor or record the activity of any customer or user for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
8.3 If you are offended by any Content, the following procedure applies:
8.3.1 your claim or complaint must be submitted to us in the form available on our app, or contain the same information as that requested in our form. It must be sent to us via electronic delivery. You may contact us using our contact form or emailing us at [email protected];
8.3.2 we shall remove the offending Content as soon as we are reasonably able;
8.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
8.3.4 we may re-instate the Content about which you have complained or not.
8.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a license to publish the complaint and all ensuing correspondence and communication, without limit.
8.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.
9. LIMITATION ON LIABILITY
9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF TEACHERPH TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO TEACHERPH FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN TEACHERPH AND YOU.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold TeacherPH, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. TeacherPH reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TeacherPH. TeacherPH will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. INTERNATIONAL USE
TeacherPH makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
12. GOVERNING LAW
12.1. The laws of the Republic of the Philippines, excluding its conflicts of law principles, govern these Terms and your use of the Service.
12.2. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:
12.2.1. in the City of Antipolo, Rizal; and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
13. MISCELLANEOUS PROVISIONS
13.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by TeacherPH of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
13.2. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and TeacherPH regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
13.3. TeacherPH may transfer or assign any and all of its rights and obligations under these Terms to any other person, in any way, including by novation, and by accepting these Terms you give TeacherPH consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of TeacherPH’s rights and obligations under the Agreement (unless otherwise is expressly indicated).
13.4. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SIGN UP”, “LOGIN”, “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
13.5. In no event shall TeacherPH be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside TeacherPH’s reasonable control.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.