PLEASE READ THESE TERMS AND CONDITIONS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE NOTRE DAME OF KIDAPAWAN COLLEGE (“NDKC”) WEBSITE AND ITS OFFERED ONLINE SERVICES. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE NDKC WEBPAGE (THE “NDKC PAGE”) AND ALL SERVICES PROVIDED BY NDKC ON THIS NDKC PAGE.By using the NDKC PAGE in any manner, including but not limited to visiting or browsing the NDKC PAGE, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1. About the NDKC PAGE
We are the official website of the NOTRE DAME OF KIDAPAWAN COLLEGE. All NDKC graphics, logos, designs, page headers, button icons, scripts, and service names are therefore owned by NDKC. NDKC’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.2. Membership Eligibility
Age: NDKC’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable laws. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. NDKC may, in its sole discretion, refuse to offer access to, or use of, the NDKC PAGE to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the NDKC PAGE is revoked in such jurisdictions.Individuals under the age of 18 must use NDKC’s services in conjunction with, and under the supervision of, a parent or legal guardian who is at least 18 years of age. In these cases, the adult is the user and is responsible for any and all activities.Compliance: You agree to comply with all local laws regarding online conduct. In addition, you must abide by NDKC’s policies as stated in this Agreement and NDKC’s Privacy Policy. In addition, some services offered through the NDKC PAGE may be subject to additional terms and conditions promulgated by NDKC from time to time without prior notice; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.Password: Keep your password secure at all times. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify NDKC of any unauthorized use of your password or any breach of security. You also agree that NDKC will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to divulge your username and password information in combination to any other party other than NDKC without NDKC’s express written permission.Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.Account Transfer: You may not transfer or sell your NDKC account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: NDKC reserves the right to cancel unconfirmed or inactive accounts. NDKC reserves the right to refuse service to anyone, for any reason, at any time.3. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to NDKC. Restricted Activities: Your use of NDKC PAGE shall not:Be false, inaccurate or misleadingBe fraudulent or involve the sale of illegal, counterfeit or stolen itemsInfringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacyViolate this Agreement, any NDKC PAGE policy or community guidelines, or any NDKC applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including NDKC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or deviceBe obscene or contain child pornographyContain or transmit any code or virus of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal informationLink directly or indirectly, reference or contain information about goods or services offered external to NDKC.Modify, adapt or hack NDKC or modify another website or mobile application so as to falsely imply that it is associated with NDKC.4. Breach
Without limiting any other remedies, NDKC may, without notice, and without refunding any fees, delay or immediately remove Content, warn NDKC’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the NDKC PAGE, and take technical and legal steps to keep a user off the NDKC PAGE and refuse to provide services to a user if any of the following apply:NDKC suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; NDKC is unable to verify or authenticate any of your personal information; or NDKC believes that a user is acting inconsistently with the letter or spirit of NDKC’s policies, has engaged in improper or fraudulent activity in connection with NDKC or the actions may cause legal liability or financial loss to NDKC’s users or to NDKC.5. Privacy
Except as provided in NDKC’s Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.6. No Warranty
NDKC, NDKC’S OFFICERS, TRUSTEES, EMPLOYEES, PROVIDE NDKC’S NDKC PAGE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NDKC, NDKC’S OFFICERS, TRUSTEES, STOCKHOLDERS, EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM NDKC SHALL CREATE ANY WARRANTY.7. Liability Limit
IN NO EVENT SHALL NDKC AND NDKC’S OFFICERS, TRUSTEES, STOCKHOLDERS, EMPLOYEES OR NDKC’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE NDKC PAGE, NDKC’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.8. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD NDKC AND NDKC’S OFFICERS, TRUSTEES, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.9. No Guarantee
NDKC does not guarantee continuous, uninterrupted access to the NDKC PAGE, and operation of the NDKC PAGE may be interfered with by numerous factors outside NDKC’s control.10. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.11. NDKC Service
NDKC reserves the right to modify or terminate the NDKC service for any reason, without notice, at any time. NDKC reserves the right to alter these Terms of Use or other NDKC PAGE policies at any time. If NDKC makes a material change we will notify you here, by email, by means of a notice on our home page, or other places we deem appropriate. What constitutes a “material change” will be determined at NDKC’s sole discretion, in good faith, and using common sense and reasonable judgment.12. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Republic of the Philippines.13. Entire Agreement
This Agreement constitutes the entire and only agreement between NDKC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the NDKC PAGE, the content, products or services provided by or through the NDKC PAGE, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the NDKC PAGE, and you should review this Agreement prior to using the NDKC PAGE.14. Notices
Except as explicitly stated otherwise, any notices shall be given by e-mail to itc@ndkc.edu.ph in the case of NDKC, or, in your case, to the email address you provide to NDKC (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, NDKC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NDKC. In such case, notice shall be deemed given three days after the date of mailing.All the services hereunder are operated by NOTRE DAME OF KIDAPAWAN COLLEGE.
