Learnspace.ph Terms and Conditions

  1. General Terms and Conditions

    1. These terms and conditions (“T&C”) govern the terms under which you may access and use the products of ILSI, which includes this website and associate sites (as applicable) and the services associated with it (together the “Service”). By accessing, registering for or using the Service, you agree to be bound by this T&C document.
    2. Under these T&C, the terms “ILSI”, “we”, “us”, and “our” refer to Immersive Learning Systems Inc. (ILSI) together with its employees, directors, affiliates, successors and assigns.
    3. The terms “you” and “your” refer to users of this Service.
    4. These T&C shall be effective, valid and binding from the time that you agreed to it and will exist up to the time that it is terminated by you or us, save for some provisions which shall remain effective after termination as stated in this T&C, law, rule or regulation.

  2. Definition of Terms

    1. Account Holder – refers to an individual who uses the ILSI service (“Service”) and whose name appears on the online form, or signed enrollment form or application form, as may be applicable. Refers also to the Principal Account Holder (or “Reseller”) where a registration is for multiple licenses.
    2. ILSI – refers to Immersive Learning Systems Inc.
    3. Reseller - refers to any person who purchases a multi-user license to access the services, and then distributes licenses to other people either within their own organisation, or to other individuals not known to ILSI who then subsequently log in and access the services. Such users are classed as ‘sub account holders’, or ‘sub-users’.
    4. Service or Services - means the software code, network infrastructure, and any access provided to end users to AML content or any other activities within the website, available through logging in to the system.
    5. Service Levels - means the availability of the Service to end users through the operation of the System and components, web servers and infrastructure. We aim to provide 99% availability of the Service each month.

  3. General Terms of Service

    1. ILSI reserves the right to modify, suspend, stop or terminate any of its Service without notice, at any time and from time to time.
    2. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service.
    3. ILSI reserves the right to verify any activity that is done through the Services, especially if it involves compliance with the AML or with other law, rules or regulation.
    4. Service Availability times as stated in our service levels or elsewhere on our website or collaterals are representative of a “normal” or average service and are not a guarantee of availability.
    5. We may, in our absolute discretion, refuse or cancel an account if: (a) ILSI is unable to verify your identity; (b) You do not comply with information requests pursuant to clause 3.3; or (c) ILSI reasonably believes you are using the Service, or allowing it to be used, in breach of these T&C or any applicable laws, rules or regulations.

  4. Your Obligations

    1. You agree to abide by the obligations stated under this paragraph.
    2. You agree not to alter, modify, or cause the alteration or modification, of the Services, and you further agree not to use the Services for any commercial use, without prior written authority from ILSI.
    3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
    4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services nor discourage, restrict, prevent or prohibit any other party from using the Service.
    5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
    6. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
    7. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to the Services.
    8. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of ILSI You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
    9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
    10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of ILSI or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by ILSI.

  5. Honor Code

    1. By accessing the Services, you agree to abide by the Honor Code.
    2. By enrolling in a course or training program, you agree that you will:
      1. Be truthful with your personal data and not try to mislead others or misrepresent your identity, your employer or location for any reason;
      2. Complete all tests and assignments on your own, unless collaboration on an assignment is explicitly permitted or required;
      3. Maintain only one user account and not let anyone else use your username and/or password.
      4. Not engage in any activity that would dishonestly improve your results, or improve or diminish the results of others.
      5. Not post information on any website or communication system elsewhere which could help other people by providing them with the answers, or sufficient clues to make the answers obvious.
    3. You agree that Honor Code violations will be determined at the sole discretion of directors of ILSI or any supplier duly appointed and authorized by ILSI. to manage this system. You will be notified if a determination has been made that you have violated this Honor Code and you will be informed of the corresponding action to be taken as a result of the violation. Such action may include one or more of the following:
      1. Receiving a zero or no credit for any course or program you have completed;
      2. Having any certificate earned in any course or program revoked or invalidated;
      3. Having your conduct reported to the regulator (AMLC);
      4. Being unenrolled from any course or program; or
      5. Termination of your use of The Learnspace site or any related sites we may run;
    4. Additional actions may be taken at the sole discretion of ILSI and/or AMLC.
    5. No refunds will be issued in the case of any corrective action for such violations.
    6. You understand and agree that ILSI may at any time and for whatever reason it may deem proper, amend, revise or modify this Honor Code without further notice. It is the Account Holder’s responsibility to regularly check any changes to the code at https://the.learnspace.ph/mod/page/view.php?id=1. The Account Holder’s continued use of the ILSI service after any such changes constitutes acceptance of the new Honor Code.

  6. Reserved Rights

    1. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold ILSI free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
    2. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold ILSI free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.
    3. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
    4. You understand and agree that ILSI reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you.
    5. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and ILSI. ILSI makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold ILSI free from any liability and/or claims for indemnification or damages that may arise therefrom.
    6. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that ILSI reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes or charges levied for the use of the Services, at any time.
    7. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
    8. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of ILSI under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by ILSI, or you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify ILSI or any third party for any damage ILSI or said third party may sustain as a result of your use of the Services.
    9. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold ILSI free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

  7. Third Party Content and Services

    1. The Services may from time to time contain content provided by third-party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.
    2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
    3. ILSI makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

  8. Fees, Rates and Other Charges

    1. Access to the Service requires you to purchase an eLearning product. You agree to pay all fees, rates and other charges and applicable taxes, related to the Service and its use, as may be imposed by ILSI.
    2. All Fees are non-refundable.
    3. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes.
    4. The amount of fees and charges may be revised from time to time as ILSI may deem necessary.

  9. Dormancy

    1. An account may be considered Pending (awaiting payment), Active or Expired.
    2. Pending accounts are considered dormant if no payment is received within 7 days from account registration. Such accounts may be automatically removed from the system, requiring the user to re-register if they want to gain access to the Services.
    3. An active account is one that has paid for access, and has been used to log in to the system. It will be considered dormant when it does not have any client-initiated activity for a period of one (1) year from date of last login.
    4. In case of dormancy, ILSI shall have the discretion to close or purge the account in accordance with the applicable laws, rules and regulations.

  10. Exclusion from liability

    1. ILSI makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.
    2. The Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this T&C. Without limiting the generality of the foregoing, ILSI makes no warranty (1) as to the content, quality or accuracy of data or information provided by ILSI hereunder or received or transmitted using the ILSI service functionalities; (2) as to any service or qualification obtained using the Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
    3. ILSI shall not be liable for any loss, costs, compensation, damage or liability to the Account Holder or third party arising directly or indirectly as a result of any delay, interruption or termination of the Service transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond ILSI’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation).
    4. An Account Holder shall not hold ILSI responsible or liable for any loss or damage which he may incur or suffer directly or indirectly arising out of or in connection with the Services due to any reason whatsoever including but not limited to breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line whether or not belonging to ILSI or any circumstances beyond ILSI’s control.
    5. In the event of any unauthorized use of the Service, ILSI shall not be liable for any inconvenience or damage caused to the Account Holder or any third person. Moreover, ILSI shall not be liable for any failure by the Account Holder to avail itself of the Service for any reason whatsoever.
    6. An Account Holder shall not hold ILSI liable or responsible for any loss or damage arising from possible data breach or exposure when using the Service together with their TIN or other personal information stored with the system.
    7. LIMITATION OF LIABILITY. In the event of any action that the Account Holder may file against the ILSI, the Account Holder agrees that the ILSI’s liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by the Account Holder, whichever is lower.

  11. Data Privacy notice

    1. As a condition for use of the service, Account Holder permits ILSI and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:
      1. Conducting analysis for purposes of research and marketing initiatives, including the creation of Account Holder’s personal profile based on his/her preferences and other information that may be relevant for marketing and market research purposes;
      2. Managing Account Holder’s account, providing customer care activities, monitoring the quality and security of the network, training the staff, and providing services in a timely and efficient manner, and ensuring your fair and lawful use of the products and services provided by ILSI Inc.;
      3. To process your request, ILSI shall process personal information each time you use the Service, including (but not limited to) your computer’s IP address, your name and email address or any other personal information required to be processed to enable you to use the Service. Gathering this information helps us provide a personalized experience for you.
      4. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after-sales communications, and other broadcast push messages;
      5. Sharing Account Holder’s personal data with AMLC and any authorized third-party content providers or other authorized third-party services; and
      6. Such other processing or disclosure that may be required under law or regulations.
    2. The Account Holder’s personal data will be maintained in ILSI Inc.’s records throughout his/her availment of the service and for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law, rules and regulations. The Account Holder is afforded certain rights in relation to his/her personal data under the Data Privacy Act, including the right to object to processing, the right to access his/her data, the right to rectification of inaccurate data, and the right to erasure or blocking of data where consent was originally given to use it.
    3. In order to provide the highest quality service, we may exchange anonymized and non-personally identifiable data with our business partners.

  12. Governing law

    1. These terms and conditions shall be construed and governed in accordance with the laws of the Philippines.

  13. Venue of litigation

    1. Venue of all suits shall exclusively be at Mandaluyong City only to the exclusion of all other courts.

  14. Non-waiver of rights by ILSI

    1. Failure, omission, or delay on the part of ILSI to exercise its right or remedies under these Terms and Conditions shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the Account Holder.

  15. Separability clause

    1. Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

  16. Amendments

    1. ILSI may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the Account Holder’s responsibility to regularly check any changes to these Terms and Conditions at https://the.learnspace.ph/mod/page/view.php?id=1. The Account Holder’s continued use of the ILSI service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify ILSI of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these Terms and Conditions.

  17. Agreement

    1. The Account Holder agrees to be bound by the Terms and Conditions, Terms of Service and the Privacy Policy governing the issuance and use of the ILSI service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service and the Privacy Policy the Account Holder shall call or provide written notice of cancellation to ILSI. For the purpose of cancellation, email is sufficient.

  18. Notices

    1. All notice requirements shall be as stated in this T&C. If ILSI is required to send notice to you, it shall do so through email, or registered mail which shall be sent to your registered address.

  19. Complaints Handling Procedure

    1. Our customer's questions, needs and feedbacks are very important. If you have any concerns or have encountered a problem with our service, you may contact our Customer Service email:
    2. ILSI Customer Service email: support@immersiveph.com
    3. You have our assurance that we will handle your concerns with the utmost confidentiality and will strive to resolve them as soon as possible.

Terms of Service

  1. Definition of Terms
    1. “Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.
    2. “Services” means both mobile applications, channels and services, including all associated platforms linked therefrom, ILSI, server and database, as well as all material, information, content, application and functionality available in and through them.
    3. “We” refers to the vendors and providers of the Services, including but not limited to ILSI, its directors, officers, employees, agents, and/or assignees and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.
    4. “You” refers to you as a user of the Services, and includes your agents, assignees, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.
    5. “User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.
    6. “ILSI” refers to ILSI Inc.

  2. User Representation And Warranties

    1. By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between ILSI and you.
    2. By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material or information from a variety of sources, and that ILSI is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user-generated, submitted or otherwise, including those content, material or information that may be linked to it.
    3. By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that ILSI shall not be liable for, and you hereby hold ILSI free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify ILSI for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify ILSI for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.
    4. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by ILSI for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold ILSI free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of ILSI which may be directly or indirectly contributory to such unauthorized or unlawful use.
    5. You also acknowledge that you are free to opt-out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to ILSI and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of ILSI including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY

  1. You and the services

    1. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of ILSI You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
    2. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from ILSI You further agree not to use the Services for any commercial use, without prior written authority from ILSI
    3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
    4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
    5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
    6. You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of ILSI including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.
    7. You agree to use or access the Services for your information and personal use (or the use of your staff if registering a company account) solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
    8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
    9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
    10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of ILSI or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by ILSI or by the owner of that content, material or information in a separate agreement.

  2. You and User Content

    1. You agree to and hereby undertake the sole responsibility and hold ILSI free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to ILSI for whatever loss or damage ILSI may suffer as a consequence of your use or misuse of the Services.
    2. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize ILSI to use any and/or all User Content that you create, upload, transmit, or display using the Services.
    3. You agree not to use a fictitious name and conceal your true name for the purpose of concealing a crime, evading the execution of a judgment, misleading others as to your identity or causing damage.
    4. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.
    5. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize ILSI to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant ILSI perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner ILSI may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold ILSI free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which ILSI made available your User Content.
    6. Unless otherwise agreed in writing with ILSI you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that ILSI is not responsible for the actions of other users or any third party and hereby free ILSI and waive in its favor any or whatever right or claim you or your principal may have against ILSI relative to any User Content which you or a third party may create, upload, transmit or display using the Services.
    7. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.
    8. You agree that by supplying personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes your authorization for ILSI to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, or any such persons as ILSI deems necessary, or as required by law, rule or regulation.

  3. Reserved Rights

    1. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold ILSI free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
    2. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold ILSI free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.
    3. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
    4. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and ILSI. ILSI makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold ILSI free from any liability and/or claims for indemnification or damages that may arise therefrom.
    5. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that ILSI reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time.
    6. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
    7. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of ILSI under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by ILSI by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify ILSI or any third party for any damage ILSI or said third party may sustain as a result of your use of the Services.
    8. You understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that ILSI reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold ILSI free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
Last modified: Friday, 22 October 2021, 10:04 AM