Terms and Conditions
1.Terms and Conditions.
1.1 This Website is provided to you by Framedia-Inc whose address is Unit
2119-2120 Tower 1, Entrata Urban Building, 2609, Civic Dr, Filinvest City,
Alabang, Muntinlupa, 1781 Metro Manila ("Framedia" or "we"
or "us"). These terms and conditions govern your use of this website,
including your use of any materials, information and services which may be made
available to you from this website.
1.2 By using the site you accept and agree to be bound by these terms and
conditions. If you do not agree to these terms and conditions, you may not use
this website.
1.3 We may amend these terms and conditions at any time by posting such changes
on the website. It is your responsibility to familiarise yourself with these
terms and conditions regularly to ensure that you are aware of any changes.
Your continued use of this website following the posting of any such changes will
constitute your acceptance of the revised terms and conditions.
2 Disclaimers and Liability
2.1 Framedia-Inc has used all reasonable care and skill in creating the
website and collating, creating and publishing the information on this website
but makes no guarantee or warranty as to the accuracy of this information, that
this information will meet individual requirements or that the website will be
uninterrupted, secure, error-free, or free of viruses or other harmful
components.
2.2 This website is provided for information and guidance only and is not
intended to replace formal consultation, advice or guidance.
2.3 - reserved
2.4 You acknowledge and agree that Framedia-Inc will not be liable to you or
any person for any claims, losses or damages (whether direct, indirect or
consequential) that may arise from your use of this website or any materials or
information published on this website, except to the extent that such liability
cannot be excluded by law.
2.5 Save as precluded by law, Framedia-Inc will not be liable to you for any
indirect, incidental or consequential damages or expenses arising from breach
of contract, tort or otherwise in connection with these terms and conditions,
this website and/or the content posted by you (including but not limited to any
loss of data, damage to goodwill or reputation, business interruption or wasted
expenditure) howsoever arising out of your use of this website even if we have
been advised of (or know or should have known of) the possibility of such
damages).
2.6 This website and the content of this website are provided on an "as
is" and "as available" basis. Other than expressly set out in
these terms and conditions, Framedia-Inc makes no representations or
warranties, express or implied, including any warranties of accuracy, currency,
timeliness or fitness for a particular purpose. To the extent permitted by law,
we expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity.
2.7 Indemnity by Platform User (the User)
The User shall indemnify, and keep Framedia-Inc indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the Framedia-Inc because of any neglect or default of the user or his agents, employees, licensees or customers in connection with use of the platform or the business that may be conducted on the platform or any other reason so long as the loss, damage, liability, fees or costs resulted from use of the Platform the and was not due to any default of the Framedia-Inc.
2.8 Indemnity by Framedia-Inc
Framedia-Inc will indemnify the User, and keep them indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the User in the course of using the Platform for the designated Services because of:
2.8.1 any act neglect or default of Framedia-Inc or their agents, employees, licensees or customers;
2.8.2 the proven infringement of the intellectual property rights of the User;
2.8.3 any successful claim by a third party alleging libel or slander in respect of any matter arising from the conduct of the Services for which the Platform may be used;
provided that such liability has not been incurred by the User through any default by them in carrying out the terms of this agreement.
3. Access to the Website and Content
3.1 Access to this website is permitted on a temporary basis and we
reserve the right, from time to time without notice, to: suspend, restrict or
terminate access to any part of this website; and change, modify, substitute or
remove any information or content on the website.
3.2 We shall not be liable if for any reason this website, or the content of
this website, or any other site to which it links, is not available for any
reason.
4. Rights and Use of the Website
4.1 Framedia-Inc and its licensors retain all rights, title and interest
in and to this website and the information and materials published or posted on
this site. These works are protected by intellectual property rights and all of
Framedia-Inc's copyright is protected by law. Your use is governed by
applicable law and is restricted as set out in these terms and conditions. For
further details see also the "Copyright Statement", below.
4.2 You may access and print or download extracts of information and materials
contained on this website ("Materials") for your own personal
reference, but you may not (and shall not allow others to): sell, transfer,
sub-licence, distribute, reproduce, modify, alter or create derivative works
from the Materials; or remove or alter any proprietary notices from or embedded
within the Materials.
4.3 You shall not (nor allow others to): breach or attempt to breach the security
of this website; modify, decompile, reverse engineer, decrypt, circumvent or
otherwise interfere with or alter this website, any software or code that forms
part of this website or any of the materials; use this website in any way which
may cause the website or access to the website to be interrupted, damaged or
impaired; or use this website to knowingly transmit any data, or send or upload
any material that contains viruses, trojans, worms, logic-bombs or any other
harmful programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
4.4 The trade marks, graphics and logos used on or in connection with this
website belong to Framedia-Inc and its licensors. You are granted no rights to
use such marks and any unauthorised use is strictly prohibited.
4.5 All rights not expressly granted in these terms and conditions are reserved
to Framedia-Inc and its licensors.
5. Privacy
5.1 Any information you submit through this website will be used in
accordance with the privacy policy, below.
5.1.1 Privacy statement
5.1.2 Framedia-Inc is committed to preserving the privacy of all visitors to
this website. Please read the following privacy policy to understand how we use
and protect the information that you provide to us.
5.1.3 By using this website you consent to the collection, use and transfer of
the information that you provide to us in accordance with the terms of this
policy. Framedia-Inc reserves the rights to change the contents of this
website, including this privacy policy at any time, by posting such changes on
the website. It is your responsibility to familiarise yourself with this policy
regularly to ensure that you are aware of any changes. Your continued use of
this website following the posting of any such changes will constitute your
acceptance of the revised privacy policy.
5.1.4 If you do not accept this privacy policy, you may not use this website.
5.2 Information collection
5.2.1 When you register with the website, or if you fill in a form on the
website, you may be asked to provide information about yourself (including your
name and contact details). This is your 'Personal Data'.
5.2.2 We are collecting this data because we have a legitimate interest to do
so, in order to provide you with access to the tools and systems that you need
to use when participating as a member of the site. Without access to these
tools and systems you cannot actively participate. We will use your data in the
following ways:
5.2.2.1 To provide your access to the site and the information it contains
5.2.2.2 To contact you with information relating to your use of the site, access to additional features, or opportunities to further your use of the site
5.2.2.3 To maintain the security of the site and ensure that your data is unique and not re-used for additional accounts when you are an active user, or after you leave the site.
5.2.3 You have some fundamental rights regarding our use of your data:
- The right to be informed about how and when we will use your data
- The right of access to your data to see what information we hold
- The right to rectification if there is an error in your data
- The right to erasure if you decide to stop using this system
- The right to restrict processing to only the activities that are essential in maintaining your account
- The right to data portability so that you can take your data with you when you go, or ask that it is passed to a different organisation who requires the same data
- The right to object to how we use your data
- Rights in relation to automated decision making and profiling if we use any within our systems.
5.2.4 We may also collect information about your usage of this website as you and others browse and use our website (see section on "cookies" below), as well as information about you from messages you post to the website and emails or letters you send to us.
5.3 Data Retention
5.3.1 Framedia-Inc will retain the personal information provided by you for as long as you remain a member of the site and for as long as is reasonable after you leave for the purposes of providing portability and continuity for you, and to maintain the security and integrity of the site.
5.3.2 If you request that we delete your account then we will remove anything that grants you access to the site, but retain only the data which ensures you cannot create a new account with the same email address.
5.3.3 Therefore we may retain a minimum of your personal information after you have terminated your use of the site to ensure that the site security is maintained. We will not contact you in any way once you have terminated your use of the site, and the retention of your data does not in any way reduce or remove your fundamental rights.
5.4 Disclosure of information
5.4.1 The information you provide to us will be held on our computers, or
the computers of one or more of our suppliers. The data we collect from you may
be transferred to, and stored at, a destination inside the Philippines, where
the site is hosted. By submitting your personal data, you agree to this
transfer, storing and processing. Framedia-Inc will take steps reasonably
necessary to ensure that your data is treated securely and in accordance with
this privacy policy.
5.4.2 We will also pass information on the usage of our website onto third
parties, but this information and any information derived from it will only be
used by that third party to analyse usage of the site and report back to
Framedia-Inc, for example to track and report user activity on the
website. An example of this would be us reporting to the regulator (AMLC)
about the progress and achievements of users within the system.
5.4.3 We may disclose personal information in response to legal process, for
example in response to a court order. We may also disclose such information in
response to a law enforcement agency's request or where we believe it is
necessary to investigate, prevent, or take action regarding illegal activities,
suspected fraud, situations involving potential threats to the physical safety
of any person, non-compliance with our terms and conditions of use, or as
otherwise permitted or required by law and consistent with legal requirements.
5.5 Cookies
A cookie is a small piece of information held in a text file and stored on your computer by this web site in order to make your use of the site simple and unobtrusive and help us understand how the site is used. It is often a unique string of numbers or a set of letters in a text file that takes up very little space. It is stored by your web browser in a special folder for temporary internet files.
The site uses two types of cookies. The first (called a “session cookie”) is one that is stored only for as long as you visit the site and is then automatically deleted the moment you log out and navigate to a different web site. It helps us identify who you are and therefore show you the information relevant to you, such as courses you are enrolled in or communities you are taking part in. The second type of cookie is for analytics. It tells us what your web browser is and how long you spent on a page. This also helps us understand whether you are a unique visitor and better understand how the system is being used. From this we can refine the software to improve your experience when using it.
By clicking on the 'accept' button at the bottom of these terms and conditions you are consenting to our use of cookies. If you do not wish to give your consent the system will not work for you, and so we will not be able to log you in. In this case you will be taken to the log in page.
5.6 Web Server Log Files
5.6.1 Internet Protocol (IP) addresses are used by your computer every
time you are connected to the Internet.
5.6.2 Your IP address is a number that is used by computers on the network to
identify your computer. IP addresses are automatically collected by our web
servers so that data (such as the web pages you request) can be sent to
you.
5.6.3 Web server log files are used to record information about our site, such
as system errors. The site also uses log files to monitor traffic. Log files do
not contain any personal information or information about which other sites you
have visited.
5.7 Security
5.7.1 Whilst we employ security measures to protect the information
provided by you, the transmission of information via the Internet cannot be
completely secure and Framedia-Inc cannot guarantee the security of your data
transmitted to our site and any transmission is at your own risk.
5.7.2 Once we have received your information, we will use appropriate security
procedures and features aimed at preventing any unauthorised access, unlawful
processing, accidental loss, destruction or damage.
5.8 Accessing and updating your information
5.8.1 You are entitled to see a copy of the information that we have collected from you and that we maintain. If you wish to do this, please email us at info@framedia-inc.com and insert "access request" as the subject heading. We may charge a small fee to meet our costs in providing you with these details. You may ask us to make changes to the information provided by you and/or held about you, to ensure that it is accurate and kept up to date.
5.8.2 You can see and amend the personal information that we have collected by visiting your 'Profile' page wihtin the system. If you cannot change the content yourself (because it is not editable on screen) then you may request that we do it for you.
5.9 We will only perform the activities outlined above to the extent that
such activities will not compromise privacy, security or any other legal
interests.
5.10 Links to external sites This website contains links to other websites,
both those of government departments and of other private sector organisations.
This privacy policy applies only to this website, so when you are moving to
another site which collects personal information you should always read the
privacy policy relating to that website. For the avoidance of doubt, we do not
pass on any personal information you have given us to any other website
operators.
5.11 Contact For all comments, queries and other requests relating to our use
of your information, please email the appropriate part of the organisation as
listed on our Contact Us page, email us at info@framedia-inc.com or notify us
in writing by contacting: Framedia-Inc, LKG Tower, 37th Floor, 6801 Ayala
Avenue, Makati City 1226, Philippines
6 Your Information
6.1 As a user of this website you will need to set up and maintain an
account by providing an individual email address user name and password. You
are solely responsible for keeping your password confidential and secure at all
times. You should notify the service help desk immediately if you become aware
of any unauthorised access to your account. In no event shall Framedia-Inc be
responsible for any loss you may suffer as a result of any misuse of your
account and/or password.
6.2 Unauthorised access or using someone else’s login is prohibited.
6.3 You may only register with a unique email address that has not been used to
access this system before.
6.4 You agree to provide current, complete and accurate information required to
complete your account registration and at other times as may be required in the
course of using this website ("registration data"). You further agree
to maintain and update registration data as required to keep it current,
complete and accurate. If any information you provide is false, incomplete or
inaccurate, Framedia-Inc or its suppliers are not responsible for any actions
that result from this.
6.5 Users should remain aware that all materials, views, data and communications
sent over the system are monitored for acceptable use (see below) and that any
breach of this acceptable use policy will be dealt with in accordance your host
organisation professional conduct standards.
6.6 You agree that the information you provide will be completely accurate and
that you will not hide or attempt to mask your identity by using false
credentials, or providing false information as part of your data.
7. Acceptable Use
7.1 Users shall not use the website to view, download, save, receive, or
send material related to or including:
- Offensive content of any kind, including pornographic, lewd, obscene or offensive material
- Promoting discrimination on the basis of race, gender, national origin, age, marital status, sexual orientation, religion, or disability
- Threatening or violent behaviour or inflammatory language Illegal activities
- Commercial messages
- Messages of a religious or political nature (with the exception of permitted trade union use) or racial nature Gambling Sports and entertainment
- Personal financial gain
- Forwarding e-mail chain messages, jokes, or cartoons etc.
- Spamming e-mail accounts from the organisation's e-mail services or other machines
- Material protected under copyright laws
- Sending confidential information by e-mail (unless encrypted) or over the Internet
- Opening files received from the Internet without performing a virus scan
- Tampering with your organisations corporate identity in order to misrepresent yourself and/or the organisation to others.
7.2 Framedia-Inc professional applications must not be used for political
purposes or specific campaigning purposes
7.3 Users of the system may also be employees within an organisation, and the
use of the system must not breach the employer's policies or the law.
7.4 Where individuals from partner organisations are involved and are acting on
behalf of Framedia-Inc, they will also be expected to sign and agree to the
terms outlined.
7.5 We may from time to time provide interactive services on the site,
including, without limitation discussion forums, bulletin boards, ask the
expert, wikis and/or blogs (together "Interactive Services").
7.6 We are under no obligation to oversee, monitor or moderate any of the
Interactive Services on the website, and we expressly exclude our liability for
any loss or damage arising from your use of such service, whether the service
is moderated or not. We reserve the right to delete, take-down or suspend
access to any content transmitted to or published via the Interactive Services
at any time.
7.7 You may only use the Interactive Services for lawful purposes. You may
only transmit or publish content which is relevant to the subject matter under
discussion and in which you own all intellectual property rights or for which
you have authorisation from the person who owns those rights. You may not use
such services to upload, transmit or publish any content which: personally
identifies any individuals (whether by name or inference of identity) unless
you have the express authorisation to do so from that individual or his/her
agents; is fraudulent, malicious, defamatory, obscene, racist, discriminatory
or designed to offend (including, but not limited to, the use of swear words or
other inappropriate language) or to cause annoyance or harassment; is illegal,
abusive, threatening, indecent or menacing; promotes sexually explicit
material, violence or illegal activity of any kind; infringes third party's intellectual
property rights or confidence or privacy rights; consists of disputes of a
personal nature, political announcements, commercial solicitation or
advertising, chain letters, mass mailings or spam; or contains software viruses
or anything else which may have a contaminating or destructive effect on any
part of the website or any related technology.
7.8 Framedia-Inc and its suppliers have the right to monitor all aspects
of the platform and report any concerns to the regulator (AMLC) and to relevant
law enforcement agencies.
7.9 Framedia-Inc will determine, at its discretion, whether there has been
a breach of these terms and conditions through your use of the Interactive
Services. In the event of any suspected breach, Framedia-Inc may take such
actions as are deemed appropriate including, but not limited to, removing
contributions made in the Interactive Services, passing on information to the
relevant investigating authorities and blocking your user account access.
7.10 When using the Interactive Services or dealing with this website you
may not use a false email address, impersonate any other person or entity or
attempt to mislead the website or other users as to your identity or the origin
of any electronic communications or content.
7.11 You are responsible for the information posted on the website under
your username and password. All material which you contribute to the website
must be accurate, complete and up to date. You are responsible for ensuring
that any information posted is updated where necessary.
7.12 Framedia-Inc cannot guarantee that any information you contribute to
the website will be secure or free from interception from third parties.
7.13 Framedia-Inc will endeavour to remove any content available through
the Interactive Services which causes or is likely to cause offence as soon as
reasonably practical after we have been made aware of this. If you wish to make
a complaint with regard to any content, please contact the website
administrator.
8. Honor Code
8.1 The users of the system:
8.2 By enrolling in a course within this system, you are joining a community of
learners which depends upon your motivation to learn the material and to do so
with honesty and academic integrity. In order to participate in our courses,
you must agree to the Honor Code below and any additional terms specific to a
course or training program
8.3 HONOR CODE PLEDGE
By enrolling in a Certified.ph course or training program, you agree that you will:
- Be truthful with your personal data and not try to mislead others or misrepresent your identity, your employer or location for any reason;
- Complete all tests and assignments on your own, unless collaboration on an assignment is explicitly permitted or required;
- Maintain only one user account and not let anyone else use your username and/or password.
- Not engage in any activity that would dishonestly improve your results, or improve or diminish the results of others.
- 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.
8.4 Violations
If you are found in violation of the Terms of Service or Honor Code, you may be
subject to one or more of the following actions:
- Receiving a zero or no credit for any course or program you have completed;
- Having any certificate earned in any course or program revoked or invalidated;
- Having your conduct reported to the regulator (AMLC);
- Being unenrolled from any course or program; or
- Termination of your use of the Certified.ph site or any related sites we may run;
- Additional actions may be taken at the sole discretion of Framedia-inc and/or AMLC.
- No refunds will be issued in the case of any corrective action for such violations.
Honor Code violations will be determined at the sole discretion of directors of Framedia-inc or any supplier duly appointed and authorised by Framedia-inc. 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.
8.5 Changing the Honor Code
Please note that we review and may make changes to this Honor Code from time to
time. Any changes to this Honor Code will be effective immediately upon posting
on this page, with an updated effective date. By accessing the Certified.ph
site after any changes have been made, you will be required to accept the
updated text for the terms and conditions, including the Honor Code and any
changes contained therein.
9. Third Party Service and Links
9.1 This website may contain links to third party websites. These links
are provided for convenience only and, to the fullest extent permitted by law,
Framedia-Inc does not accept any responsibility for these websites, nor for any
materials or information available from those sites.
9.2 This website may contain material relating to third party products and
services. Reference to these third party products and services is for
convenience only and is not an endorsement, invitation or recommendation by
Framedia-Inc to use or buy any of the products and services featured.
Framedia-Inc is in no way involved in the supply of such products or services,
which shall be governed by the terms and conditions which you agree
independently with that third party.
9.3 Any liability that may arise out of any transaction you may enter into with
a third party is your own responsibility which you undertake at your own risk.
10 Suspension and Termination
10.1 Without any liability or further obligation of any kind whatsoever
to you or any other party, Framedia-Inc may terminate or suspend your use of
and registration on this website at any time, with reasonable cause (including
but not limited to your breach of these conditions or any inappropriate or
unlawful behaviour on your part), in which event Framedia-Inc will notify you
by email.
10.2 The provisions of clauses 2.7 (your indemnity to Framedia-Inc) and
7.7 (your licence to use any information posted) shall continue to apply
after termination or suspension of your use of the website.
11 Third Parties
11.1 Except for Framedia-Inc's affiliates, directors, employees or
representatives, a person who is not party to the contract shall have no rights
to enforce any term of such contract.
12 Invalidity
12.1 If any of these terms and conditions are found by any court or
administrative body of competent jurisdiction to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the other terms and
conditions which shall remain in full force and effect.
12.2 If any of these terms and conditions are found to be invalid or
unenforceable but would cease to be invalid or unenforceable if some part of
the provision were deleted, the provision in question shall apply with such
modification as may be necessary to make such provision valid and enforceable.
13. Entire Agreement
13.1 These terms and conditions, together with our contact details and
privacy policy, set out the whole of our agreement relating to your access to
and use of this website.
14. Waiver
14.1 Our failure to exercise or enforce any right or provision of these
terms and conditions shall not constitute a waiver of such right or provision.
15. Contact Details
15.1 If you require any further information, please contact Framedia-Inc
at the address given above.
16. Governing Law and Jurisdiction
16.1 These terms and conditions shall be governed by Philippine law. You
agree to submit to the exclusive jurisdiction of the courts of the Philippines in
respect of any disputes which may arise in connection with this website.