These Terms And Conditions (these “Terms”) contained herein on this webpage, shall govern your use of VSmart Enroll, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.
Except for the data and content that you own, all exclusive interest in and ownership of Intellectual Property rights in and to this Website is retained by Vibal Group, Inc. (referred to herein below as “VGI”). Furthermore, VGI reserves all rights not expressly granted under these Terms. You acknowledge that any and all Intellectual Property rights used or embodied in or in connection with the Website remain the sole property of VGI. You shall not, during or at any time after the termination of these Terms, question VGI’s ownership of such rights. Accordingly, all Intellectual Property rights used or embodied in or in connection with these Terms shall remain the sole property of VGI. In the event that new inventions, designs, or processes evolve in the performance of or as a result of incorporation or use of the Website pursuant to these Terms, you acknowledge that the same shall be the property of VGI.
3.1 You represent that you are the duly authorized representative of the organization that you represent and register, and that you get the necessary authorization to register your organization for the use of this Website. Furthermore, you represent that by agreeing to these Terms, these Terms shall be binding upon to your organization and its legal representatives, successors, assigns, and/or acquirers, including any entity which acquires, merges with, or obtains control of your organization.
3.2 You represent that you own and/or have the right to disclose all personal data you present or provide to the Website and such personal data is complete, correct, accurate and up-to-date. As such, you are solely responsible for the legality, reliability, integrity, accuracy,
3.3 You represent that you have acquired any and all the rights necessary to collect, retain, and process data and information that your employees, affiliates, and students may present or provide to the Website for the purposes of maintaining and operating an enrollment system for your behalf.
3.4 You acknowledge that you may not modify, adapt, reverse engineer, or hack the Website or modify another website so as to falsely imply that it is associated with the enrollment system.
The Website and all services and related processes, components, and information are provided on an “AS-IS” basis. As such and to the fullest extent permitted by law, VGI disclaims any and all other warranties and obligation with respect to the Website, express or implied, including, without limitation, any implied warranties of merchantability, quantity, quality, condition, and/or fitness for particular purpose.
By using the Website, you agree and authorize VGI to:
5.1 Collect, retain, and process any and all of your data in order to operate and maintain an enrollment system on your behalf.
5.2 Share and disclose any and all of your data you and your employees, affiliates, and students may present and provide to the Website to any of VGI’s directors, officers, employees, and affiliates for the purposes of maintaining and operating the Website as it provides the services that an enrollment system may so require, or for any legitimate business purposes as may be necessary.
5.3 Use and share any and all data and information you and your employees, affiliates, and students may present and provide to the Website as permitted or required by law to pursue VGI’s legitimate interests as an educational institution, including a variety of academic, administrative, historical, and statistical purposes.
5.4 Retain your and your employees, affiliates, and students’ information for a period of ten (10) years from the date of termination, or at such time that you submit to VGI a written cancellation of this consent, whichever is later. You agree that your information will be deleted/destroyed after this period.
VGI shall implement reasonable and appropriate organizational, physical, and technical security measures for the protection of data and information which it collects, retains, and processes. The security measures shall aim to maintain the availability, integrity, and confidentiality of personal data and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing VGI only permits your data to be accessed or processed by our authorized personnel who hold such information under strict confidentiality. VGI restricts access to information to just anyone who likes to know/obtain such information without justifiable ground. Any data security incident or breach that comes to the knowledge of VGI will be recorded and reported as required by law. VGI will take all necessary and reasonable steps to address such incident or breach and mitigate any negative effect of such incident or breach. If there is strong suspicion that an incident affects your personal information, VGI will notify you of such an incident in an appropriate manner.
You shall indemnify, defend, and hold harmless VGI as well as all of its officers, directors, employees, agents, attorneys, predecessors, successors, and assigns from and against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses) suffered or incurred by any of VGI arising from:
7.1 Your breach of these Terms.
7.2 Your unauthorized customization, modification, or other alterations to the Website, including claims that its customization, modification, or other alterations infringes a third party’s Intellectual Property rights.
7.3 Any misrepresentation and omission, especially in dealing with the accuracy, completeness, and correctness of the data and information you and your employees, affiliates, and students present and provide to the Website.
VGI will make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Website or any function for feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Website, legal and regulatory reasons.
9.1 Entire Agreement. This Agreement constitutes a complete understanding of the parties regarding the Software and supersedes all previous agreements on the Software heretofore made. There are no other written or oral agreements, representations, or understandings of whatever kind with respect to the Software. Neither this Agreement nor any term or provision thereof may be waived or modified except in writing and signed by both parties.
9.2 VGI may revise this agreement and any of the policies listed above from time to time. The revised version will be effective at the time VGI posts it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will notify and provide you at least 30 days advance notice. By continuing to use the Website after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.
9.3 Assignment. VGI may assign these Terms and any of its rights under these Terms, in whole or in part, and VGI may delegate any of its obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
9.4 Interpretation, Governing Law, Venue and Jurisdiction. This Agreement shall be construed and interpreted according to the laws of the Philippines as if executed and fully performed therein and exclusive jurisdiction over all disputes arising in connection with the Agreement shall be in courts of the Quezon City, Philippines.
9.5 Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.