Please read these Terms and Conditions carefully before using, registering, and enrolling to https://smarterone.ph & https://courses.smarterone.ph as operated by SmarterOne Philippines Company.
This Terms and Conditions apply to all services offered under https://smarterone.ph and https://courses.smarterone.ph both operated by SmarterOne Philippines Company with principal office address at Queensborough Executive Village, San Jose, City of San Fernando, Pampanga, 2000 Philippines. This Agreement was last modified on October 9, 2018.
I. DEFINITIONS
“Agreement” refers to these Terms and Conditions, as well as the Privacy Policy, Data Deletion Policy, and Course-Specific Terms and Conditions.
“Websites” refers to https://smarterone.ph and any subdomains of smaterone.ph.
“Platform” refers to https://courses.smarterone.ph and its subdomains.
“Services” refers to the tools, platform, courses, Online programs, webinars, training, workshops, certifications, and course/program materials (such as, but not limited to, text, videos, photos) offered in and through the Websites and the Platform.
“User Activities” refers to the use of and browsing of the Websites and Platform, which includes, but is not limited to: enrolling, registering, taking of courses and programs; and completing and submitting information.
“Company” refers to SmarterOne Philippines Company.
“You” and “User” refers to the individual availing of the Services of the Company.
“Confidential Information” refers to the information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the personal information, professional information, business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Online Course” refers to the course, programs, and learning material delivered by SmarterOne Philippines and/or its Affiliate Course Providers and Instructors to you through the Websites and the Platform.
“Course Materials” refer to the information provided, in printed or electronic form, by SmarterOne Philippines Company and its affiliate course providers and instructors to accompany a Course or Program as part of the Company’s services. Course Materials may be in the form of, but not limited to, written text, images, videos, and animations.
“Fees” refer to the fees and other amount paid by you to SmarterOne Philippines for its Services.
“Intellectual Property Rights” refer to the copyright, rights in or relating to databases, performers’ rights, designs and registered designs, trademarks rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
II. ACCEPTANCE OF TERMS
2.1. Every time you access the Websites to avail of the Services or perform any User Activity, you are agreeing to follow the Terms and Conditions of the Websites including any and all amendments that may be effected from time to time with or without prior notice. We may update the Agreement at any time. When we do, we will revise the “Revision date” at the top of this Agreement, and you may view the most recent version at https://smarterone.ph/terms-conditions.
2.2. By continuing to use the Websites and the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions and comprises the entire Agreement between the User and the Site regarding the Websites and the Platform. If you do not agree to any provision of this Agreement, you should not use the Websites and the Platform.
2.3. For purchases through our Websites, by clicking on the “Accept” button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to use our Websites and cease to continue to purchase any Service and Course from us.
III. WEBSITES AND PLATFORM
3.1. Our Websites and Platform provides our Users not only with the opportunity to be visible to potential patrons all over the Philippines, but also provides a variety of other resources to view details regarding Online courses and learning programs; sign-up and enroll to courses and programs; take Online courses, continuing professional development programs, Online training; registering to seminars and workshops; payment of registration and enrollment fees; and acquiring certificates from courses completed.
3.2. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Websites and Platform, including without limitation your participation in or involvement with any of our courses, programs, and services and your submission of acceptable Public Information in connection with your use of the Site. Further, the User also agrees to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported in connection with your use.
3.3. The Websites and Platforms are offered “as is”.
3.4. SmarterOne Philippines Company shall not be held liable for any problems relating to the access of the site due to internet connection problems, hardware or software requirements, or connectivity issues. The Users takes full responsibility to ensure that they have the means to take and participate in online courses and use our services. As some individuals may not be legally allowed to access our websites, platform, courses, and course materials because of country or state regulations, the User take sole responsibility to ensure they comply with their local laws and regulations.
IV. THE SERVICES & ONLINE COURSES
4.1. A description of the Services and Online courses, together with the dates on which the Services and Online courses will begin are available on our Websites. We will provide the Services and Online Courses with reasonable care and skill in accordance with the description and course outline set out on the Websites and Platform.
4.2. We reserve the right to vary, cancel or withdraw any of the Services and Online Courses described on the Website without notice.
4.3 We expect you to confirm that the Services and Online Courses you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
V. REGISTRATION
5.1. All Online courses and programs are offered on an “as is” basis. These courses are open to the general public, hence there are no prerequisites; however, Users must be at least 18 years of age in order to register.
5.2. After the User registers online and pays for the Fees of their courses and services, they will receive an e-mail confirming that SmarterOne PH has received and accepted the registration. Submission of the registration, completion of the check-out process, and payment of fees constitutes the User’s acknowledgement and acceptance of these terms and conditions.
5.3. Registrations and enrollments are non-transferrable. Only registered and enrolled users may access their courses. Sharing log-in information and course materials is strictly prohibited and is subject to termination of enrollment and charging of applicable fees.
VI. FEES & PAYMENT
6.1. The Fees for the courses and services shall be available at the Websites and the Platform at the time you placed your order for the item.
6.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of VAT or other local taxes, and exclusive of the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website prior to your purchase of the Course or Services.
6.3. Payment of the full fees is required at the time of enrollment to the courses and prior to beginning the online course and/or program.
6.4. All fees and charges are billed in Philippine Pesos (PhP) and the User’s financial institution may charge a fee for conversion to the local currency. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and SmarterOne PH shall not be responsible for these.
6.5. Payment may be made through Over-the-Counter Bank Deposits or through our online payment gateways (e.g. DragonPay PH and PayPal) using credit cards or the payment channels of our payment partners. Our payment channels may charge service and/or transaction fees and applicable taxes.
6.6. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
6.7. For courses and services offered for Free, you shall enjoy access and use the Free courses and services within the time allotted and specified. For the courses and services offered for Free, you shall not be charged for any of the inclusions covered by the Free course.
6.8. For courses that have both free and paid content, you shall enjoy access and use of the free content within the time allotted and specified. Access to paid content, however, is subject to the payment of fees for said content. A User may opt not to avail of the paid content and continue to use the access to the free content within the time specified and, in this case, SmarterOne PH shall not be required to provide the paid content nor the paid inclusions of the said course.
VII. CANCELLATION OF ENROLLMENT AND REFUND
7.1. A User may cancel their enrollment after they complete the registration and payment by sending an e-mail to [email protected] indicating the details of the enrollment and payment information.
7.2. SmarterOne PH may also cancel and/or terminate the enrollment of a User for violating the terms and conditions stipulated in this Agreement.
7.3. A User may request a refund together with the cancellation request. SmarterOne PH will refund the fees paid for course or courses cancelled, subject to the terms on the succeeding clause; however, service fees and transaction fees charged by our payment gateways are non-refundable.
7.4. SmarterOne PH will refund the course fee in full if the refund request is made before 10% of the course has been taken/completed by the User OR within 24 hours after the enrollment of the course, whichever comes first. After the User have taken/completed at least 10% of the course or after 24 hours after enrollment, no refund shall be made.
VIII. LIABILITY
8.1. No part of the provision of the Services and Courses shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
8.2. Although SmarterOne PH aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the program or Course Materials and any reliance by User on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 8.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
8.4. Subject to clause 8.5 below, SmarterOne PH’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
8.5. SmarterOne PH shall not be liable for any incident that occurs in connection with the User’s behavior and actions while completing the online course or services. The User takes full responsibility for their own obligations and duties.
8.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
IX. INTELLECTUAL PROPERTY
9.1. ALL Intellectual Property Rights in the Online Courses, the Course Materials, and speeches delivered by the instructors are, and remain, the intellectual property of SmarterOne PH and/or its affiliate Course Providers and Instructors, whether adapted, written for or customized for the client or not.
9.2. You are NOT authorized to:
a.) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
b.) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;
c.) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
d.) remove any copyright or other notice of SmarterOne PH on the Course Materials;
e.) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
9.3. Any violation of the preceding clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any of our Services.
X. CONFIDENTIALITY & PRIVACY
10.1. Acceptance of these terms and conditions is considered acceptance of the separate Privacy Policy of SmarterOne PH.
10.2. Each party shall keep the other party’s Confidential Information strictly confidential. Such Confidential Information shall not be used in purposes other than those stated in these terms and conditions and the Privacy Policy.
10.3. Personal and Professional Information required by regulating bodies for purposes of granting credit to courses provided by SmarterOne PH may be relayed to such regulating bodies by SmarterOne PH. Information disclosed to these regulating bodies shall be limited to specific information relevant to crediting of courses and shall be protected and governed by the Philippine Privacy Laws.
10.4. Provisions on Confidentiality and Privacy shall continue notwithstanding termination of these terms and conditions or the termination of services by the User.
XI. ENTIRE AGREEMENT
These terms and conditions, together with the Website Disclaimer, Privacy Policy, and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
XII. FORCE MAJEURE
SmarterOne PH shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the instructor’s/trainer’s family, illness of the trainer, Government edict or regulation.
XIII. ASSIGNMENT
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
XIV. LAW AND JURISDICTION
This Agreement is subject to Philippine law and the parties submit to the exclusive jurisdiction of the Philippine courts, specifically the courts with jurisdiction in the City of San Fernando, Pampanga, Philippines, in connection with any dispute hereunder.
For concerns, please contact:
+63-2-245-8706