Terms & Conditions
​​​WE ARE
IDESS Interactive Technologies (IDESS IT) Inc., a company with its registered business address at Unit 8, 2nd Floor, Amires Building, Manila Avenue corner Rizal Highway, Subic Freeport Zone, Philippines, hereinafter referred to as IDESS I.T.
sEaLearn and sEaLearn4U are a trade names of IDESS I.T.
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YOU ARE
An individual person of legal age, (16 years or older) or a single legal entity, who buys a license to use the Software Product, from us.
DEFINITIONS
In this End User License Agreement, the following words shall have the following meanings, unless the context requires otherwise:
Copy or Publish – with reference to a Software Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work;
License – means a license granted by IDESS IT to You under the terms of this agreement for use of a Software Product; and
Software Product – means any product, hosted internet accessible learning management system (sEaLearn4U), eLearning content, video material, including any associated media, printed materials and electronic documentation or other software offered for license by IDESS IT, whether or not bought by You.
The “Software Product” also includes any software upgrades or updates, language packs, add-on components, web services and/or supplements that IDESS IT may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use.
Intellectual Property Rights means all intellectual or industrial property and rights therein, however denominated, throughout the world, whether or not subject to statutory registration or protection, including all patent applications, patents, trademarks, service marks, corporate names, business names, brand names, trade names, all other names and slogans embodying business or product goodwill (or both), trade styles or dress, mask works, copyrights, works of authorship, moral rights of authorship, rights in designs, trade secrets, technology, inventions, invention disclosures, discoveries, improvements, know-how, program materials, processes, methods, confidential and proprietary information, and all other intellectual and industrial property rights, and, with respect to each of the foregoing, all registrations and applications for registration, renewals, extensions, continuations, reissues, divisionals, improvements, modifications, derivative works, and common law rights, and causes of action relating to any of the foregoing.
Licensed User means a Third Party sublicensed to use the E-Learning Platform
END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THE SOFTWARE PRODUCT. USING THE SOFTWARE PRODUCT INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD STOP USING THE SOFTWARE PRODUCT.
This Agreement defines the terms governing Your use of the Software Product that accompanies this EULA, including content, updates and new releases. This Agreement includes by reference:
a. IDESS I.T.’s Privacy Policy whether currently existing or to be adopted;
b. Additional Terms and Conditions of the use of the Software Product including any updates, new releases or amendments thereof; and,
c. Any terms provided separately to You in relation to the Software Product, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.
If Your access is provided by an organization (a legal entity), Your change in status with the organization may result in the termination of Your right to access and use the Software Product.
GRANT OF LICENSE
You are granted a non-exclusive and nontransferable license to use the Software Product under the terms stated in this Agreement for personal use in Your business or profession. Title to, and ownership of the Software Product and of the Intellectual Property Rights in the Software remain with IDESS I.T. You acknowledge that the Software Product is licensed and not sold. You agree not to use the Software Product for any illegal or unauthorized purpose. You must not, in the use of the Software Product, contravene any laws governing your jurisdiction).
TERMS
IDESS I.T. licenses use of the software under the terms listed below:
1. Your use of the Software Product is entirely at your own risk, on an “as is” and “as available” basis.
2. You must be a natural person. Accounts registered by automated methods are not permitted.
3. You must provide your legal name, and valid email address, in order to complete the signup process.
4. You must agree to our Privacy Policy. This policy is compliant with GDPR rules and obligations.
5. You are responsible for maintaining the security of your account and password. IDESS IT will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access under your account).
7. We may remove content and accounts, entirely at our discretion, if we determine they contain content that is unlawful, offensive, threatening, defamatory, obscene, pornographic, otherwise objectionable, or in violation of any party's intellectual property or these Terms.
8. You are responsible for and can be held liable for infringements of our Intellectual Property Rights by account users.
9. The Software Product is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use the Software Product, and IDESS I.T. reserves all other rights in the Software Product, not explicitly granted in this Agreement. You may not make copies, translations, or modifications of or to the Software Product. Any portion of the Software Product merged into or used in conjunction with another Software Product are and will continue to be the property of IDESS I.T. and subject to the terms and conditions of this Agreement.
10. You may not provide access to the Software Product or any part thereof to any third party. You shall not permit any third party to benefit from the use or functionality of the Software Product via rental, timesharing, service agreement, hosting or other arrangement. You are not permitted to upload, host, use or access the Software Product via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement.
11. Your purchase of a single-user license for the Software Product, provides access to ONE person. You must purchase another license, or licenses, for each additional user to enable them to use the Software Product.
12. You may not assign, sell, distribute, lease, rent, sublicense, or transfer this license or disclose Your access details to the Software Product to any other person.
13. You may not reverse-engineer, disassemble, or decompile the Software Product or otherwise attempt to discover the source code or structural framework of the Software Product.
14. At IDESS I.T.’s sole discretion, this license Agreement may terminate should You fail to comply with any provision in this Agreement. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You may have accrued or incurred.
15. At IDESS I.T.’s sole discretion, we may, without prior notice, change the Software Product, the features of the Software Product or stop providing the Software Product, to you or to Users generally; or create usage limits.
INTELLECTUAL PROPERTY
• You acknowledge that all Intellectual Property Rights in the Software Product belong to IDESS IT.
• You understand and agree that you have no Intellectual Property Rights in, or to, the Software Product.
• You understand and agree that you have no right to have access to the source code of the Software Product.​
WARRANTY
IDESS I.T. DOES NOT WARRANT THAT THIS SOFTWARE PRODUCT IS FREE OF BUGS, VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS. IDESS I.T. SPECIFICALLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THIS SOFTWARE PRODUCT IS DISTRIBUTED SOLELY FOR TRAINING PURPOSES AND IDESS I.T. DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACTIONS OR OMISSIONS EXERCISED IN RELIANCE ON THIS SOFTWARE PRODUCT, THE MATERIAL CONTAINED HEREIN AND THE ACCOMPANYING MATERIAL. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, THE MATERIAL HEREIN AND THE ACCOMPANYING MATERIAL REMAINS WITH YOU. YOU SHOULD ESPECIALLY BE AWARE THAT ALL FACTUAL SITUATIONS YOU MAY ENCOUNTER REQUIRES INDIVIDUAL EVALUATION ON YOUR PART AND YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS.
NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED,
IDESS IT SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY:
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR DATA OR PROGRAM LOSS, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER).
THIS SECTION SHALL SURVIVE TERMINATION AND EXPIRATION OF THIS AGREEMENT AND SHALL REMAIN IN FULL FORCE AND EFFECT THEREAFTER.
INDEMNITY
You agree to indemnify IDESS IT from and against any and all losses, damages, claims, demands, liabilities, costs, and expenses of any nature whatsoever that may be asserted against or suffered by IDESS IT and which relate to:
a. Any use by You of the Software Product, or any other dealing in any products or services that were generated from the use of the Software Product, including any claims based on product liability laws;
b. Your failure to comply with the law of any country;
c. Your breach of this Agreement.
NO SUPPORT
Unless otherwise agreed with You in writing, IDESS IT shall have no obligation to upgrade, update, bug-fix, provide support or maintenance services, or to provide assistance or consultancy services in relation to the Software Product.
DISPUTE RESOLUTION
This agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with the laws of England. Every effort shall be made to settle any dispute amicably.
In the event an amicable resolution is not achieved, any dispute, or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by binding arbitration in accordance with the Singapore International Arbitration Centre Rules in force at the time.
ACKNOWLEDGEMENT
You acknowledge that this Agreement has been read in its entirety and You agree to and understand the terms and conditions set forth herein. You further acknowledge that there are no other terms or oral agreements existing between You and IDESS IT. This Agreement may not be amended or modified in any way without the prior written consent of IDESS IT.
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"By using this website, you agree to it's terms and conditions".
IDESS Interactive Technologies (IDESS I.T.) Inc.
Unit No.8, 2nd Floor Amires Bldg.
Manila Avenue corner Rizal Highway,
Subic Bay Freeport Zone, 2222,
Philippines
Tel.: +63.47.2529046
www.idessit.com
Email: products@idessit.com
Information in this document is subject to change without notice.
TRADEMARKS
IDESS I.T., IDESS I.T. logo, sEaLearn and sEaLearn4U logo are trademarks of IDESS I.T.
Microsoft, Windows® and the Windows® Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Other product names mentioned may be trademarks or registered trademarks of their respective companies and hereby acknowledged.
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Payment Terms
​PayPal or Credit Card Transactions
Licenses to access and use the Service and the Content can be paid for by Credit Card or PayPal. The PayPal and Credit Card transaction information (mailing address, credit card number, credit card expiration date and phone number) are processed on a secured site and are not accessible to unauthorized IDESS IT personnel, or any other entity not directly authorized to handle such transactions. When you submit personal information on this site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which IDESS Interactive Technologies (IDESS IT) Inc., its affiliates and subsidiaries maintain offices, including without limitation, the United States of America. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.