1. THE GCASH PARTNER LMS PORTAL
You agree to NOT:
1.1 incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of GCash, or is otherwise contrary to law, rule, or regulation. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo;
1.2. alter, modify, or cause the alteration or modification, of the GCash Partner LMS Portal, without prior written consent from GCash. You further agree not to use the GCash Partner LMS Portal for any commercial use, without prior written authority from GCash;
1.3. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the GCash Partner LMS Portal, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the GCash Partner LMS Portal;
1.4. gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the GCash Partner LMS Portal without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the GCash Partner LMS Portal, including but not limited to such actions which may tend to discourage others from using the GCash Partner LMS Portal, such as harassing, stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like;
1.5. circumvent, disable, or otherwise interfere with security-related features of the GCash Partner LMS Portal, including those that prevent or restrict use or copying of any content, material or information available on or through the GCash Partner LMS Portal, as well as those that enforce limitations on the use of the GCash Partner LMS Portal;
1.6. probe, scan or test the vulnerability of the GCash Partner LMS Portal or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the GCash Partner LMS Portal, or any other customer of GCash including any account maintained with the GCash Partner LMS Portal not owned by you, to its source, or exploit the GCash Partner LMS Portal or any information made available or offered by or through the GCash Partner LMS Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;
1.7 copy or download any material or content from or through the GCash Partner LMS Portal unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the GCash Partner LMS Portal, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the GCash Partner LMS Portal, including use thereof for commercial purposes;
1.8. take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the GCash Partner LMS Portal or its systems or networks, or any systems or networks connected to the GCash Partner LMS Portal;
1.9. use any device or routine to interfere or attempt to interfere with the proper working of the GCash Partner LMS Portal or any transaction being conducted using the GCash Partner LMS Portal, or with any other person’s use of the GCash Partner LMS Portal. You agree that you will not engage in any activity that interferes with or disrupts the GCash Partner LMS Portal or the servers and networks which are connected to the GCash Partner LMS Portal;
1.10. use the GCash Partner LMS Portal for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of GCash or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by GCash or by the owner of that content, material or information in a separate agreement.
2. GCASH USER CONTENT
You agree:
2.1. to undertake the sole responsibility and hold GCash free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the GCash Partner LMS Portal, and hereby stipulate admission of liability to GCash for whatever loss or damage GCash may suffer as a consequence of your use or misuse of the GCash Partner LMS Portal;
2.2. not to share, create, upload, transmit or display using the GCash Partner LMS Portal any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize GCash to use any and/or all User Content that you create, upload, transmit, or display using the GCash Partner LMS Portal;
2.3. not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage;
2.4. not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, ransomware, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in fraud, pyramid, ponzi, or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose;
2.5 where relevant, to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the GCash Partner LMS Portal.
You represent and warrant that:
2.6 you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize GCash to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the GCash Partner LMS Portal, as you hereby authorize and grant GCash perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the GCash Partner LMS Portal, in a manner GCash may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party, including GCash affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You agree to hold GCash free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which GCash made available your User Content.
3. THIRD PARTY CONTENT & SERVICES
3.1. The GCash Partner LMS Portal contains content provided by third party services and resources. You acknowledge and agree that GCash shall not be responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. Unless specified by GCash, the availability of such Third-Party services does not imply any endorsement by GCash of such Third-Party services or the content, products, or services available therefrom.
3.2 You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
3.3 GCash makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.
4. RESERVED RIGHTS
GCash reserves, at its sole discretion but without obligation, the right to:
4.1 deny access to and / or discontinue the GCash Partner LMS Portal or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold GCash free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the GCash Partner LMS Portal;
4.2. collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the GCash Partner LMS Portal, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold GCash free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the GCash Partner LMS Portal;
4.3 enhance, improve, develop and introduce new features and functionalities to the GCash Partner LMS Portal at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the GCash Partner LMS Portal shall form part of the GCash Partner LMS Portal as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
4.4 verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow GCash to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process GCash’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by GCash, provide the latter with certified digital or printed copies of the said information;
4.5. send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the GCash Service. GCash makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold GCash free from any liability and/or claims for indemnification or damages that may arise therefrom;
4.6 set limitations to and charge fees and applicable taxes for the use of the GCash Partner LMS Portal, at any time and without prior notice. You further understand and agree that GCash reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you thirty (30) days prior to effective date of change in fees / charges /penalties;
4.7. to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that GCash reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the GCash Partner LMS Portal from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the GCash Partner LMS Portal, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.