Terms of Use

INTRODUCTION

The Terms of Use set forth below (the "terms of use") govern your use of this site/service on the World Wide Web. These terms are a legal contract between you and I-CPD GATEWAY and govern your access to, and use of our website, www.icpdgateway.ph (the "website"). If you do not agree with any of these terms, do not access or otherwise use this website or any information contained therein. Your use of this website or any information contained on this website shall constitute your agreement to abide by each of the terms set forth below. Any breach or violation by you or by any person acting for and on your behalf of these terms of use will be subject of prosecution to the fullest extent by I-CPD GATEWAY.

KEY DEFINITIONS

In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

  1. “CPD Provider” refers to a natural or juridical entity that provides a CPD Seminar/Program
  2. “CPD Seminar/Program” refers to a set of learning activities conducted by the CPD Provider
  3. “Register” means create an account on the Website
  4. “Regulated Professionals” refers to the End Users or consumers of the CPD Seminar/Program
  5. “Service” means all or any of the services provided by the I-CPD GATEWAY via the website
  6. “Website” means the www.icpdgateway.ph website

GENERAL

This website is owned by I-CPD GATEWAY. I-CPD GATEWAY reserves the right, at its sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon posting, so please review these Terms of Use periodically. Your continued use of this website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use (including our Privacy Policy).

Our Services enable Regulated Professionals (“End Users”) to connect with CPD Providers who provide seminars, workshops, lectures, and online learning activities (“Online Courses”) via www.icpdgateway.ph (the "website"). The services include, without limitation, advertising, selling and promotion of CPD seminars and online courses, and taking feedback from “End Users”.

I-CPD GATEWAY may modify the Services or discontinue their availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If you elect to access or use our Services that involve payment of a fee, then you agree to pay the Convenience Fee of the I-CPD GATEWAY service and CPD Seminar/Program Fee of the CPD Provider, which are totally different/separate charges of the two business entities, and will be responsible for payment of, that fee and all taxes associated with such access or use through our partnered payment facility. You agree that the convenience fee charged by the I-CPD GATEWAY is not a part of the fee of the CPD Provider’s CPD Seminars /Programs. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize I-CPD GATEWAY to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your Account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending payment of any amounts due by you to I-CPD GATEWAY.

All of your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of the Philippines do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.

GENERAL DISCLAIMER

I-CPD GATEWAY is not a CPD Provider. It is an online medium/marketplace for Regulated Professionals and CPD Providers. We do not hire or employ CPD Speakers/Lecturers nor are we responsible or liable for any interactions involved between the Regulated Professionals and the CPD Providers who purchase a CPD Seminar/Program via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Regulated Professionals or CPD Providers, including, but not limited to, any Regulated Professional’s reliance upon any information provided by a CPD Provider.

We do not control Submitted Content posted on the www.icpdgateway.ph (the “Website”) and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, I-CPD GATEWAY may expose you to Submitted Content that you consider offensive, indecent, or objectionable. I-CPD GATEWAY has no responsibility to keep such content from you and no liability for your access or use of any Submitted Content, to the extent permissible under applicable law.

The Services may give you access to links to third party platforms ("Third Party Platforms"), either directly or through CPD Seminars/Programs. I-CPD GATEWAY does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, I-CPD GATEWAY does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect your personal information and privacy on such Third Party Platform.

REGISTRATION AND ACCOUNTS

Why to register: You must register to avail a CPD Seminar/Program from the website. This is so that we can provide you with easy access to print your seminar tickets and invoices, view your past purchases, and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.

How to register: To register you need to supply us with your name, email address, payment details, and possibly other personal information. Refer to our Privacy Policy for details about this.

Passwords: Once you finished Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorized to act as your agent for the purposes of using the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed anytime without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.

Closing Accounts: We reserve the right to close accounts if any end user is seen to be using proxy IPs (Internet Protocol addressed) in order to attempt to hide the use of multiple registration accounts.

Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

 

SPECIFIC OBLIGATIONS OF REGULATED PROFESSIONALS/END USERS

As a Professionals/End Users, you represent, warrant and covenant that:

  1. Accurate Information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details of your account:
  2. Content on the Website and Service: It is your responsibility to ensure that any service or information available through the Website or the Service meets your specific requirements.
  3. You will not resale the availed Service.
  4. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.
  6. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Submitted Content except as permitted by these Terms.
  7. You will not frame or embed the Services to circumvent the Services.
  8. You will not impersonate another person or gain unauthorized access to another person's Account.
  9. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
  10. You will not engage in any unlawful activity in connection with the use of the website and/or the Service.
  11. You will not engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other end user from properly using or enjoying the Website and Service.

SPECIFIC OBLIGATIONS OF CPD PROVIDERS

  1. CPD Provider shall be responsible for the Submitted Content. CPD Provider agree that it has the necessary licenses, rights, consents, and permissions, and the authority to authorize I-CPD GATEWAY to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of the Submitted Content on and through the Services in the manner contemplated by these agreement.
  2. The Submitted Content of the CPD Provider shall not infringe or misappropriate any intellectual property right of a third party.
  3. CPD Provider shall not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.
  4. CPD Provider shall not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Website or to any End Users.
  5. CPD Provider shall not use the Website for any business other than for providing CPD Seminars/PrograMS to Regulated Professionals.
  6. CPD Provider shall not engage in any activity that will require I-CPD GATEWAY to obtain any licenses from or pay any royalties to any third party.
  7. CPD Provider shall not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with I-
  8. CPD GATEWAY Website Content and/or the Services or operations thereof.
  9. CPD Provider shall not impersonate another person or gain unauthorized access to another person's Account.
  10. CPD Provider shall not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the platform.
  11. CPD Provider shall not interfere with or otherwise prevent other CPD Provider from providing their CPD Seminars/Programs.
  12. CPD Provider shall maintain accurate Account information.
  13. CPD Provider shall respond promptly to Regulated Professionals and ensure a quality of service commensurate with the standards of their profession and instruction services in general.
  14. CPD Provider shall communicate and coordinate to Regulated Professionals/End Users about changes in the schedule of CPD Seminar/Program due to Force Majeure and other factors beyond CPD Provider’s control.

 

GUIDELINES ABOUT THE USE THE SERVICE AND THE WEBSITE

  1. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to support@icpdgateway.ph
  2. We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information transmitted via the Service or the Website will be transmitted accurately, reliably in a timely manner or at all.
  3. We do not give warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
  4. Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service or the Website may be suspended, restricted, or terminated at any time.
  5. We reserve the right to change, modify, substitute, suspend, or remove without notice any information or service in the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities of services. We will attempt to restore such access as soon as we reasonably ca. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time.
  6. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

 

INTELLECTUAL PROPERTY

Intellectual Property Rights (including, but not limited to the copyright, patent and trademark) in the material contained in this website belongs to I-CPD GATEWAY. No part of such materials included may be reproduced, transmitted, downloaded, saved, displayed or used in any manner or for any purpose without prior written authority from I-CPD GATEWAY.

CONDUCT

You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree not to use the Services or the Company Content to recruit, solicit, or contact in any form, CPD Providers or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any CPD Providers or other users of the Services.

WARRANTY DISCLAIMER

The services, company content, submitted content, and any other materials made available on or through the use of the services are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, I-CPD GATEWAY and its affiliates, licensors, partner CPD Providers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non- infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. I-CPD GATEWAY and its affiliates, licensors, partner CPD Providers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the submissions, the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components. No opinion, advice or statement of I-CPD GATEWAY or its affiliates, licensors, partner CPD Providers, advertisers, sponsors, agents, members or visitors, whether made through the use of the services, or on third party platforms or otherwise, shall create any warranty. Your use of the services, including without limitation any services provided on any third party platform, are entirely at your own risk.

INDEMNITY

You agree to indemnify and hold I-CPD GATEWAY and its affiliates, officers, employees, agents and licensors free and harmless from any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Service or Website, your breach of any of the provisions of this Terms of Use, or your violation of any right of any other user of this website.

TERMINATION

I-CPD GATEWAY may, in its sole discretion, without prior notice and without incurring any liability to you, terminate or limit your access to this website for any justifiable cause, including without limitation (1) your breach or violation of these Terms of Use, or other incorporated agreements or guidelines, (2) upon the request of any law enforcement or government agency, (3) discontinuance or any material modification to this website or any part thereof, (4) extended periods of inactivity, and (5) your engagement in fraudulent, illegal or prohibited activities.

NON-WAIVER

No failure by I-CPD GATEWAY to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision, nor will any waiver be deemed a waiver of any other right or provision at that time or at any other time.

MISCELLANEOUS

Entire Agreement. These Terms and any policies applicable to you posted on our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither I-CPD GATEWAY nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Law. These Terms of Use and the relationship between the parties shall be governed by and construed in accordance with the laws of the Republic of the Philippines without reference to its conflicts of law provisions. Any and all claims, causes of action, or disputes relating or pursuant to, arising out of or in connection with these Terms of Use shall be brought before the appropriate courts of Makati City of the Republic of the Philippines to the exclusion of all other courts and venues. You agree to submit to the personal jurisdiction of these courts and hereby waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts on any ground, including without limitation on the ground of inconvenient forum. However, nothing herein shall preclude I-CPD GATEWAY from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over you or taking proceedings against you in any other court of competent jurisdiction.