Enderun App Terms and Conditions

Enderun App
Terms and Conditions

Last Updated January 19, 2022

1. Agreement to Terms

1.1 These terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Enderun Colleges Inc., located at 1100 Campus Avenue, Mckinley hill, Fort Bonifacio, Taguig City, Metro Manila, Philippines, Taguig, Philippines Fort Bonifacio 1630, Philippines (we, us), concerning your access to and use of the Enderun Mobile and Web App (https://apps.apple.com/us/app/eunderun/id1299599573 and https://play.google.com/store/apps/details?id=com.orbit.enderun ) web App as well as any related applications (the App).

The App provides the following services: Enderun App as a communication platform of Enderun Colleges via mobile app and web version of the App (Services). You agree that by accessing the App and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the App and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the App from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the App represents that you have accepted such changes.

1.4 We may update or change the App from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 Our App is directed to people residing in the Philippines and students, alumni, employees and consultants residing in their respective countries or taking their internships in respective countries . The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The App is exclusive and intended for the Enderun community, composed of Senior High and College students, faculty, alumni, parents, and staff of Enderun Colleges. If you are an Enderun Senior Highschool Student, you are required to have parental permission to register for the App or use the Services.

1.7 Additional policies which also apply to your use of the App include:

Data Privacy
Our Privacy Notice in which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Data processing and use of the data provided. User warrants that consent is freely given for such use and that data is accurate.
Our Acceptable Use Policy
The Enderun Student Handbook at https://drive.google.com/drive/folders/1uqw7XBRPIAaeDvmEOjtN–UdKvKPH1Vm and Enderun App Guidebook at https://drive.google.com/file/d/1VgqDvGXUUsXJAwDAh3MzzQh9zFD9-73T/view?usp=sharing , which sets out the permitted uses and prohibited uses of the App. When using the App, you must comply with this Acceptable Use Policy.

2. Acceptable Use

2.1 Our full Acceptable Use Policy
The Enderun Student Handbook at
https://drive.google.com/drive/folders/1uqw7XBRPIAaeDvmEOjtN–UdKvKPH1Vm and Enderun App Guidebook at https://drive.google.com/file/d/1VgqDvGXUUsXJAwDAh3MzzQh9zFD9-73T/view?usp=sharing, sets out all the permitted uses and prohibited uses of this App.

2.2 You may not access or use the App for any purpose other than that for which we make the App and our services available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.3 As a user of this App, you agree not to:

Systematically retrieve data or other content from the App to a compile database or directory without written permission from us.
Make any unauthorized use of the App, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the App.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Sell or otherwise transfer your profile
Use any information obtained from the App in order to harass, abuse, or harm another person
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the App, or any material that acts as a passive or active information collection or transmission mechanism
Use. launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App
Use the App in a manner inconsistent with any applicable laws or regulations
Misrepresent experience, skills, or information about a User
Threaten users with negative feedback or offering services solely to give positive feedback to users
Falsely imply a relationship with us or another company with whom you do not have a relationship

2.4 Code of Conduct

The App is meant to be a safe space for the community to come together, so we will not tolerate any abuse, bullying, harassment, harm, hateful speech that discriminates against any person.
Be ethical, respectful, honest and conduct yourself in a professional way.
Uphold all school rules, regulations, and all applicable laws.
Only post content that you own. If you do not own that particular piece of content be it audio, graphics, photos, text or video, you must obtain written permission from the original owner to post and properly credit the content inside the App. Just because you see a piece of content online does not mean you can use and post it inside the App. You are not allowed to infringe on anyone’s copyright or intellectual property rights.
Sharing your personal religious and political views inside the App is not allowed.
Using another person’s account and posing as him or her is not allowed.
Ensure that confidential information remains private. You will not divulge any confidential or private information posted in the Enderun App.
When it comes to sharing about a particular brand or service, you can share as long as it’s for educational or informational purposes. Affiliation or advertisement posts must go through the approval of the Enderun Marketing Department, and if allowed, you must properly disclose such affiliations or advertisements.
Channels must remain active within a period of six months. If a channel is inactive for six months, it will be closed.
You agree to abide by the rules as stated in the Enderun Student Handbook, Social Media Policy for Students and Media Policy for Employees.

3. Information you provide to use

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at enderunapp@enderuncolleges.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3 As part of the functionality of the App, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either; (a) providing your Third Party Account login information through the App; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

4. Data Privacy

4.1 Enderun Colleges, Inc., including its subsidiaries, affiliates, and related companies, (collectively, “Enderun”) collects, processes and stores personal data about you when you use this mobile application, the Enderun App, provided that you have given your express consent through the acceptance of these Terms and Conditions.

This privacy policy has been prepared to better serve any person who avails of the Services of the Enderun App both mobile and web versions (“Services”) to inform them on how their personal data are being collected, used and secured by Enderun.

Please read this privacy policy carefully to get a clear understanding of how Enderun collects, uses, protects or otherwise handles your personal data in accordance with Republic Act No. 10173, or the Data Privacy Act of 2012, and its Implementing Rules and Regulations (collectively, the “Data Privacy Act”).

4.2 Collection of Personal Data

Enderun Colleges collects information you provide directly to it, such as when you apply for admission, enroll for its programs and courses, register, create or modify your accounts in any of its websites and/or mobile applications, contact support, apply for a job, enter into any contract with Enderun or otherwise communicate or interact with Enderun. Enderun may also collect information from Personal Information Controllers (PIC) in its capacity as a Personal Information Processor (PIP).

However, for the Enderun App, the following personal data will be collected: your first name, last name, Enderun email address, batch/level (freshman/first year, sophomore/second year, etc), course, classification (whether Senior High School student, College student, alumni, employee, faculty, etc), profile photo (if you choose to upload a photo to create a user account). Other data collected is attendance via QR code to be able to get class attendance as well as event attendance.

The Enderun App also links to the NEO ELMS via an API key to give you access to view your grades and class schedule.

Additionally, the Enderun App also collects certain information about you through Google Analytics. Similarly, Google Analytics collects certain information about your location, browsing history, the pages/channels you visit, the equipment you used to access the Enderun App, traffic patterns, and other general patterns related to your use of the Enderun App.

This information is used to analyze the Enderun App statistics related to user behavior and interests, improve our performance and your use of the Enderun App and to further enhance our services offered to you.

4.3 Use and Processing of Personal Data
Enderun may use and process the personal data collected about you to allow you to participate in its Services (the Enderun App). Enderun uses your personal data in providing Services, including for administrative, academic, research, security and statistical purposes. At all times, your personal data shall not be used or processed for any purpose that is contrary to law.

4.4 Sharing of Personal Data
Enderun may share personal data between and among the entities comprising the same to enable them to provide you personalized Services. Enderun may also share personal data with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on behalf of Enderun. If and when it becomes necessary, a data sharing agreement shall cover any sharing of data between and among Enderun and/or its vendors, consultants, marketing partners, and other service providers. Enderun may also share information in accordance with any order from any relevant government agency as provided by law.

4.5 Storage and Protection of Personal Data
Enderun has instituted policies and procedures which intend to protect personal data which it has collected and continues to collect. These include securing any document containing personal data in paper and electronic formats, including databases, and limiting access to personnel who have a legitimate interest in them for the purpose of carrying out their duties in delivering the Services.

While there will always be a risk of unauthorized disclosure of personal data, Enderun believes that the foregoing safeguards are sufficient to prevent the occurrence of such risk and is committed to updating and improving such safeguards in order to protect your personal data in compliance with the Data Privacy Act of 2012.

4.6 Use of Cookies
Please note that in using the Enderun App, cookies are utilized. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. Enderun also uses cookies to help it compile aggregate data about site traffic and site interaction so that Enderun can offer better App experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browsers are a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly.

4.7 Your Rights under the Data Privacy Act
As a data subject, you have the following rights under the Data Privacy Act:

You have the right to be informed of the collection and processing of your personal data, the purpose for which they will be processed, among others. Thus, you are required to read this privacy policy before giving your consent to the collection and processing of your personal data. If you have questions, please do not hesitate to ask us questions or clarifications and you may also contact our Data Protection Officer;

You have the right to object to the processing of your personal data. You will be given an option or opportunity to withhold your consent to the processing of your personal data whenever Enderun communicates with you or by notifying our Data Protection Officer;

You have the right to have reasonable access to your personal data by notifying our Data Protection Officer;

You have the right to rectify or correct any inaccuracy or error in your personal data by submitting your request for rectification or correction to our Data Protection Officer;

You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data in accordance with the requirements of the Data Privacy Act. Please notify our Data Protection Officer if you wish to exercise this right;

You have the right to obtain a copy of your data in an electronic or structured format if the same is processed by electronic means and in a structured and commonly used format by submitting your request to our Data Protection Officer; and

You have the right to be indemnified if you incur damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your personal data.

4.8 Changes to the Privacy Policy
Enderun may change this Privacy Policy from time to time. If Enderun makes any significant change in the collection, use, and protection of personal data, Enderun will provide you notice through the Services or by some other means, such as through Enderun websites and/or email.

4.9 Contacting Us
If there are any questions regarding this privacy policy, you may contact our Data Protection Officer with the following contact details:

Title/Designation: Data Protection Officer

Postal Address: 1100 Campus Avenue, McKinley Hill, Fort Bonifacio, Taguig City, Metro Manila 1634 Philippines

Telephone Number: +632 8565000

Email Address: dpo@enderuncolleges.com

5. Content you provide to us

5.1 There may be opportunities for you to post content to the App or send feedback to us via text, audio, photos, graphics or videos (User Content). You understand and agree that your User Content may be viewed by other users on the App, and that they may be able to see who has posted that User Content. By posting User Content, you have the necessary permission to do so and are not violating any intellectual property and ownership rights.

5.2 You further agree that while you retain your intellectual property and ownership rights to the User Content you post and share in the Enderun App, we can use your User Content for any other purpose whatsoever in perpetuity such as but not limited to reposting them on our social media pages, and can combine your User Content with other content for use within the App and otherwise.

5.3 In posting User Content, including reviews or making content with other users of the App you shall comply with our Acceptable Use Policy, Code of Conduct, and Social / Media Policy Guidelines for Students and Employees, and Enderun Student Handbook at https://drive.google.com/drive/folders/1uqw7XBRPIAaeDvmEOjtN–UdKvKPH1Vm and Enderun App Guidebook at https://drive.google.com/file/d/1VgqDvGXUUsXJAwDAh3MzzQh9zFD9-73T/view?usp=sharing

5.4 You warrant that any User Content does not comply with our Acceptable Use Policy, Code of Conduct, and Social / Media Policy Guidelines for Students and Employees you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

5.5 We have the right to remove any User Content you put on the App if, in our opinion, such User Content does not comply with the Acceptable Use Policy, Code of Conduct, and Social / Media Policy Guidelines for Students and Employees

5.6 We are not responsible for and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any USer Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the App do not represent our views or values.

5.7 If you wish to complain about User Content uploaded by other users please contact at enderunapp@enderuncolleges.com.

5.8 Enderun Colleges Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its platform and within the Enderun mobile app and may remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Enderun Colleges Inc. reserves the right to remove User Content without notice. Enderun Colleges Inc may also terminate a User’s access to its Enderun mobile app if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Content removed from the Enderun mobile app more than once. Enderun Colleges Inc. also reserves the right to decide whether User Content are appropriate and comply with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Enderun Colleges Inc. may remove such User Testimonies and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion

6. Our Content

6.1 Unless otherwise indicated, the App and Services including source code, databases, functionality, software, webApp designs, audio, video, text, photographs, and graphics on the App (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.

6.2 Except as expressly provided in these Terms and Conditions, no part of the App, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6.3 You shall not (a) try to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the App or Our Content, including the modification of the paper or digital copies you may have downloaded.

6.6 The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the App.

6.7 Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether expressed or implied, that Our Content on the App is accurate, complete or up to date.

7. Link to third party content

7.1 The App may contain links to webApps or applications operated by third parties. We do not have any influence or control over any such webApps or applications of the third party operator. We are not responsible for and do not endorse any third party webApps or applications or their availability or content.

7.2 We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

8. App Management

8.1 We reserve the right at our sole discretion, to (1) monitor the App for breaches of these Terms and Conditions (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extend technologically feasible) any of your Contributions; (4) remove from the App or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App and Services.

8.2 We do not guarantee that the App will be secure or free from bugs or viruses.

8.3 You are responsible for configuring your information technology, computer programs and platform to access the App and you should use your own virus protection software.

9. Modifications to and availability of the App

9.1 We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

9.2 We cannot guarantee the App and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App or Services during any downtime or discontinuance of the App or Services. We are not obliged to maintain and support the App or Services or to supply any corrections, updates, or releases.

9.3 There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

10. Disclaimer/Limitation of Liability

10.1 The App and Services are provided on an as-is and as-available basis. You agree that your use of the App and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the App and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the App’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our services and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the App or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

10. IN NO EVENT SHALL ENDERUN COLLEGES OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE MOBILE APP, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ENDERUN COLLEGES INC. AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Enderun mobile app is controlled and offered by Enderun Colleges Inc. from its facilities in the Philippines. Enderun Colleges Inc. makes no representations that the Enderun mobile app is appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Term and Termination

11.1 These Terms and Conditions shall remain in full force and effect while you use the App or Services or are otherwise a user of the App, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at enderunapp@enderuncolleges.com.

11.2 Without limiting any other provisions of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App and Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the App/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use of participation in the App and Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

11.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Mobile Application

12.1 If you access the Services vis a Enderun mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Enderun mobile application on wireless electronic devices owned or controlled by you, and to access and use the Enderun mobile application on such devices strictly in accordance with the terms and conditions of this license.

12.3 For business users only – You will not:

reverse engineer, decompile or otherwise try to discover the source code of the software/application,
make any modification, adaption, improvement, enhancement, translation or derivative work from the application;
breach any application laws, rules, or regulations in connection with your access or use of the application;
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
use the application for App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the application available over a network or the other environment permitting access or use by multiple devices or users at the same time;
use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
use the application to send automated queries to any webApp or to send any unsolicited commercial e-mail; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, anufacture, licensing or distribution of any applications, accessories or devices for use with the application.

12.4 The following terms apply when you use a Enderun mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

The license granted to you for Enderun mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
We are responsible for providing any maintenance and support services with respect to the Enderun mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Enderun mobile application;
In the event of any failure of the Enderun mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Enderun mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Enderun mobile application;
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
You must comply with applicable third party terms of agreement when using the Enderun mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the Enderun mobile application; and
You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

13. General

13.1 Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and not on the App, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

13.2 These Terms and Conditions and any policies or operating rules posted by us on the App of in respect to the Services constitute the entire agreement and understanding between you and us.

13.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

13.4 We may assign any or all of our rights and obligations to others at any time.

13.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

13.6 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the App or Services.

13.7 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at enderunapp@enderuncolleges.com or by post to:

Enderun Colleges Inc:
1100 Campus Avenue, Mckinley Hill, Fort Bonifacio, Taguig City, Metro Manila, Philippines
Taguig, Fort Bonifacio 1630
Philippines

14. Indemnity

14. 1 You agree to defend, indemnify and hold harmless Enderun Colleges Inc., its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the mobile App;
your violation of any term of the Terms of Use;
your violation of any third-party right, including without limitation any intellectual property, or privacy right; or
any claim that one of your User Content caused damage to a third party.

15. Intellectual Property Rights

15.1. “Content” means all content on the Enderun mobile app including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content is subject to copyright and other intellectual property rights under Philippines and foreign laws and international conventions.

15.2. Content from other Users on the Enderun mobile app are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Content from other Users other than as expressly permitted herein for any commercial purposes. In no event shall any Content be used for any website, application or publication of any sort which is competitive with the Application. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Enderun Colleges and/or the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Enderun mobile app that prevent or restrict use or copying of any Contentor enforce limitations on use of the Content.

16. Jurisdiction

16.1 The Terms of Use shall be governed by the substantive laws of the Republic of the Philippines, without respect to its conflict of laws principles. Any claim or dispute between you and Enderun Colleges Inc. that arises in whole or in part from the Enderun mobile app shall be filed exclusively in the courts of the City of San Juan, Philippines, to the exclusion of all other courts. These Terms of Use, together with the Privacy Policy and any other legal notices published by Enderun Colleges Inc. on the Enderun mobile app, shall constitute the entire agreement between you and Enderun CollegesData processing and use of the data provided. User warrants that consent is freely given for such use and that data is accurate.16 Inc. concerning the Enderun mobile app. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Enderun Colleges Inc.’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Enderun Colleges Inc. reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Enderun mobile app following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.

17. Severability

17.1 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Contact

18.1. For any questions, please contact us at enderunapp@enderuncolleges.com