Apptitude Terms and Conditions of Use

Updated on 15 February 2019.

We at Apptitude (collectively, "we," "us" or "Apptitude") believe in using our platform to enable our users by giving them access to a wealth of information and use this to further their careers and “Become Great”. For us to achieve this, we want to collaborate with our users (“you:”) and mutually agree on certain rules which will govern our relationship with each other. Thus, these Terms and Conditions apply to all your activities on Apptitude’s website, mobile application, Application Programming Interfaces (“APIs”) and other related services (“Services”). You may only use our Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms and Conditions of Use.

By registering, accessing and/or making use of our Services, you agree to enter into a legally binding contract with us. If you disagree with any of these Terms and Conditions of Use, you should not register, access, or otherwise make use of any of our Services.

If you desire to upload a course on the Apptitude platform, you must also agree to the terms set hereunder for partner educators and/or educational Institutions (collectively “Educators”). We provide details regarding our processing of our users’ data in our Privacy Policy.

  1. Our Services

    Apptitude is a learning management system that provides users of our platform with easy-to-use tools to participate in academic programs (for students) and issue educational certificates (for partner educational institutions and/or educators). Educational certificates are awarded to students upon their completion of the online course and subsequently recorded onto the Blockchain (a "Blockchain Certificate"). The award of the educational certificate takes place once it has been determined by us and our partner educational institutions and/or educators that the student has complied with and accomplished all the necessary requirements for the issuance of such certificate.

    Thus, we reserve the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that Apptitude shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in these Terms and Conditions of Use shall be construed as obligating us to maintain and support the Services or any part or portion thereof, during the term of this Terms and Conditions of Use.

    Apptitude with further reserves the right to alter, modify or rearrange the schedule of topics for the online courses, as well as the respective weight or value of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By registering to and making use of the online courses, students acknowledge that Apptitude and our partner educators/educational institutions maintain the right and ability to adapt, modify or revise the online courses as may be appropriate.

    You agree that your use of our Services will be at your own risk. Apptitdue enables our users to create and share online courses. As a platform, this means that we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an instructor at your own risk.

  2. User Accounts

    You will need an account to make use of our services, including to enroll in an online course or to publish an online course for publication. In order to create an account, you must select a unique username and a unique user password. You agree that you will never divulge or share access to your User Account with any third party for any reason. Thus, you have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.

    In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a Blockchain Certificate after completing an online course.

    You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment in any online courses. Should we and our partner educational institutions/educators later find or discover that untrue, inaccurate, not current or incomplete information provided by students led to the issuance of a Blockchain Certificate, we and our partner educational institutions/educators reserve the right to undertake steps to revoke the same or inform any party that may to our knowledge have been affected by such misinformation and invalidate such a certificate.

    Moreover, should you learn that another person has been using or may be using your account without your permission (or if you are suspicious of any other breach of security) you must contact our technical support team. We may request some information from you to verify that you are the owner of the account.

  3. Online Courses

    Apptitude grants you (the student) a limited, non-exclusive, non-transferable license to make use of the Services and view online courses for which you have paid all our required fees, solely for your personal, non- commercial, educational purposes, provided such use is in accordance with these Terms and Conditions of User, as well as any restrictions associated with a particular online course. All other uses are expressly prohibited.

    By registering on our platform you agree to not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you express written permission to do so through our authorized representative.

    The license we give to students like you who enroll in a course is for lifetime access to content in our Services. We, however, reserve our right to revoke, in our sole discretion, any license to access and use online courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.

    If you want to upload your own online course as an Educator on our platform, you need to agree with the terms set forth hereunder for Educators. As an Educator, you may not grant licenses to your online courses to students directly and any such direct license shall be null and void and a violation of these Terms and Condition of Use.

  4. Educators

    In pursuing our mission, and in the provision of our Services, we at Apptitude also want to partner with educators and educational institutions, or Educators, that can use our platform as a means to best spread their knowledge to the public. If youu an Educator that wants to use our Services, you represent, warrant, and covenant, by agreeing to these Terms and Conditions of Use that:

    1. You will complete all our requirements to be registered as an Educator on our Apptitude platform.
    2. You will be solely responsible for all of the content that you upload. You further agree that you own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Apptitude, to reproduce, distribute, publicly perform, publicly display, communicate to the public, promote, market and otherwise use and exploit any of such content on and through the Services in the manner contemplated by these Terms and Conditions of Use;
    3. None of the content you upload shall infringe or misappropriate any intellectual property right of a third party;
    4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on your online course and through the Services;
    5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
    6. You will abide strictly by the Content Behavior and Rules set forth hereunder;
    7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to students;
    8. You will not engage in any activity that will require Apptitude to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
    9. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
    10. You will not impersonate another person or gain unauthorized access to another person's Account;
    11. Your use of the Services are subject to Apptitude's approval, which We may grant or deny in Our sole discretion;
    12. You will not interfere with or otherwise prevent other Educators from providing their services or Courses;

    You have the right to remove all or any portion of your uploaded content from the Services at any time. Removal of such content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

    You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Apptitude permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, online courses, any uploaded content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

  5. Payments

    By using our Services, you agree to pay the fees for courses that you purchase, where applicable, and you authorize us to charge your debit or credit card or process other means of payment for such fees. Apptitude engages third party payment service providers to ensure the ease of processing your payments and you agree to make use of our selected providers.

    When purchasing online courses on Apptitude, you agree to not make use of an invalid or payment method that is not authorized by us. Should your payment method fail, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any online course which we have not received complete payments for.

  6. Content and Behavior Rules

    By accessing any of the Services and Online Courses, you expressly warrant and agree not to: (a) violate any applicable laws, regulations, or rules; (b) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any content on the Apptitude platform, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use Apptitude’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

    If you are an Educator, you can upload courses for publication on the platform. You must at all times abide by the applicable law and respect the rights of others i.e. you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any content that you post or actions that you take via our platform and Services, and agree to bear fully any of their consequences. You likewise agree to abide by the copyright terms set forth for Educators in these Terms and Conditions of Use.

    We reserve the right, in our sole discretion, to remove your content from our platform should we discover that it violates any applicable laws and regulations, including, but not limited to copyright laws.

    Thus, we may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your uploaded content may still be available on the platforms even if your account is terminated or suspended. You expressly agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

    If one of our Educators has published a course that infringes your copyright or trademark rights, please let us know. We require our Educators to follow the law and respect the intellectual property rights of others.

    For the avoidance of doubt, you may not post, upload, or make available through the Services any content, communications, or other information:

    • that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
    • that you do not have the right to disclose or make available either under any law or under contractual relationships;
    • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
    • that violates the rights of other Users of the Services; or
    • that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
  7. Content Posted on our Platform

    The content you post as a student or Educator (including courses) remains yours. By posting courses and other content, you allow Apptitude to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an Educator, take note of the course licensing agreement set for Educators under these Terms and Conditions.

    By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Apptitude for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

  8. Apptitude’s Rights All rights, title to, and interests in our platform and Services including the content that our employees or partners submit or provide through our Services (except content provided by Educators and students) are and will remain the exclusive property of Apptitude. You may not do any of the following:
    • access, tamper with, or use non-public areas of the platform, Apptitude’s computer systems, or the technical delivery systems of Apptitude’s service providers.
    • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
    • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Apptitude platform or Services.
    • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
    • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Apptitude); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
  9. General Legal Terms

    9.1. Binding Agreement

    By registering, accessing and/or making use of our Services, you agree to enter into a legally binding contract with us. Should you disagree with these Terms and Conditions of Use, do not register, access, or otherwise use any of our Services.

    If you are an instructor, teacher or educator accepting these Terms and Conditions of Use and using our Services on behalf of an educational institution, company, organization, government, or other entity, you represent and warrant that you are duly authorized to do so.

    These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. The sections on the following provisions shall survive the expiration or termination of these Terms and Conditions of Use: Online Courses, Contents Posted on our Platform, Apptitude’s Rights), General Legal Terms, and Dispute Resolution.

    9.2. Severability and Non-Waiver of Rights

    If any part of these Terms is found to be invalid, illegal or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms that have not been found to be invalid, illegal or unenforceable will continue in effect.

    Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive all our rights under these Terms and Conditions. We may decide to such rights in the future. Should we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future, and no such waiver shall be valid unless made in writing by our duly authorized representative.

    9.3. Disclaimers

    Our Services and their content are provided on an “as is” and “as available” basis. We (and our successors, assigns, affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our successors, assigns, affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.

    We may decide, at our sole discretion, to stop making available to you certain features of the Services at any time and for any reason. Under no circumstances will Apptitude or its successors, assigns, affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

    We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our control e.g. an act of war, hostility, or sabotage; force majeure or natural disasters; electrical, internet, or telecommunication outage; or government restrictions and regulations.

    9.4. Limitation of Liability

    To the extent permitted by law, we (and our successors, assigns, group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our successors, assigns, group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to whichever is higher between: one hundred dollars ($100) or the amount you paid us in the twelve (12) months before the event giving rise to your claims.

    9.5. Indemnification

    You agree to indemnify, defend (if we so request), and hold harmless Apptitude, our successors, assigns, group companies and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

    9.6. Governing Law and Jurisdiction

    These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Philippines, without regard to its conflict of laws provisions, and we agree to submit to the exclusive jurisdiction of the courts of Pasig City should arbitration under these Terms and Conditions fail to resolve our dispute.

    9.7. Legal Actions and Notices

    No action, regardless of form, arising out of or relating to these Terms and Conditions may be brought by either party more than one (1) year after the cause of action has accrued.

    Any notice or other communication to be given hereunder must be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to admin@apptitude.xyz).

    9.8. Our Relationship

    You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

    9.9. Assignment of Rights

    You agree that your account is non-transferable and that all rights thereto and other rights under these Terms and Conditions terminate after your death. Thus, you may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity.

  10. Dispute Resolution

    We believe that most disputes involving our platform can be resolved between us even before initiating a formal legal case. Thus, we encourage you to contact our technical support team at admin@apptitude.xyz. first so that we can quickly resolve your query.

    We both agree that any dispute, controversy, or claim arising in any way out of or in connection with these Terms and Conditions of Use (including the validity of any clause contained herein) and/or your use of the Services shall be settled amicably by mutual consultation between us as far as practicable.

    Any such dispute that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that neither of us are required to arbitrate any dispute where one of us seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

    We both agree that the arbitration shall be done under the Rules of Arbitration of the Philippine Dispute Resolution Centre, Inc. (“PDRCI”) by three (3) arbitrators appointed in accordance with the said Rules. All documents submitted in the dispute resolution process shall be admissible in the arbitration proceedings. The place of the arbitration proceedings shall be the Philippines. The language of the proceeding shall be English. The venue shall be seated in Pasig City. All awards may, if necessary, be enforced by any court having jurisdiction in the same manner as a judgment in such court.

  11. Updating these Terms and Conditions of Use
  12. We may update these Terms and Conditions from time to time as we continue to improve our platform and add new capabilities to serve you better. We reserve the right to modify and/or make changes to these Terms at any time and at our sole discretion. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you unequivocally accept those changes. Any revised terms shall supersede all previous terms.

  13. How to Contact Us

    The best way to get in touch with us is to contact our technical support team. We’d love to hear your questions, concerns, and feedback about our Services. Email us at admin@apptitude.xyz.