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9/18/21, 12:30 AM TERMS AND CONDITIONS ON THE USE OF myLPU e-Learning | 1st Sem AY2021-2022

TERMS AND CONDITIONS ON THE


USE OF myLPU e-Learning | 1st Sem
AY2021-2022
For all LPU Stakeholders

The following Terms and Conditions govern the access to and use of myLPU e-Learning by Enrolled
Students, including the access to online courses, and/or the use and view of the Course Materials.

You agree to review the Terms and Conditions periodically to ensure that you are aware of any
changes, which may be made at any time.

Thank you.

PRIVACY NOTICE
In Lyceum of the Philippines University we value your privacy and aim to uphold the same when
processing your personal data.

For the purpose of facilitating access and use of myLPU e-Learning, we may collect basic information
about you like student/ID number, course/program, and year level.

We are committed to protecting your personal data from loss, misuse, and any unauthorized processing
activities, and will take all reasonable precautions to safeguard its security and confidentiality. Neither
will we disclose, share, or transfer the same to any third party without your consent.

Unless you agree to have us retain your personal data for the purposes stated above, your data will
only be kept for a limited period after the occasion to allow for any accounting, and/or reporting
responsibilities on our end including documentation for future reference. After which, they will be
disposed of in a safe and secure manner.

You are also being informed that this online registration is powered by Microsoft Forms. See the link of
Privacy and cookies, and Terms of use below.

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We recognize your rights with respect to your personal data. Should you wish to exercise any of them
or if you have any concerns regarding our processing activities, you may contact us
privacy.manila@lpu.edu.ph

Thank you.

Data Privacy Consent


By clicking on "I AGREE" on this form, I hereby acknowledge and certify that I have carefully read and
understood the Data Privacy Notice of the Lyceum of the Philippines University (LPU). By providing
personal information to LPU, I am confirming that the data is true and correct. I understand that LPU
reserves the right to revise any decision made on the basis of the information I provided should the
information be found to be untrue or incorrect. I likewise agree that any issue that may arise in
connection with the processing of my personal information will be settled amicably with LPU before
resorting to appropriate arbitration or court proceedings within the Philippine jurisdiction. Finally, I am
providing my/ my child's voluntary consent and authorization to LPU and its duly authorized
representatives to lawfully process my/ my child’s data / information.

1. Agree *

I Agree

Student's Profile

2. Student/ ID Number (example: 2021-1-85039) *

2021-1-02482

3. Program/ Course: *

AB Multimedia Arts 

4. Please indicate your year level for AY 2020-2021? *

Grade 11 (SHS)

Grade 12 (SHS)

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1st Year College

2nd Year College

3rd Year College

4th Year College

5th Year College

I. Definition of Terms
The following terms, as used in these Terms and Conditions, are defined as follows:

1. Confidential Information – all information or material, whether tangible/written of intangible/oral


or electronic, not generally known to the public, that has or could have value of other utility imparted
by Lyceum of the Philippines University (LPU) Manila in the course of the provision of Services.

2. Course Materials – any course data, reports, programs, books, reading materials, course notes
and other similar materials made available through myLPU eLearning that can be used or viewed by
Enrolled Students;

3. Enrolled Students – persons who are officially enrolled, have paid the corresponding fees, and
are categorized to be placed under online learning in a given semester as certified by the Students
Records Management Department (SRMD) of LPU Manila;

4. Intellectual Property Rights – rights pertaining to intellectual creations and are described under
Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, as
amended, including, but no limited to copyrights and related rights, marks and patents;

5. myLPU e-Learning – a learning management system owned and operated by LPU Manila used in
the provision of Services;

6. Services – the provision of online courses to Enrolled Students, which include the access to online
courses, and/or the use or view of the Course Materials; and

7. Terms and Conditions – terms and conditions set forth herein pursuant to which Enrolled
Students may use the Services.

The use of singular words herein also include the plural, and vice versa.

II. Enrollment and Use of Services


Upon official enrolment and start of the semester concerned, Enrolled Students are granted non-
transferable, non-assignable, limited, revocable and non-exclusive permission to use the Services for
the sole purpose of completing the requirements of the academic courses concerned within a certain
period. The use of Services is personal to the Enrolled Student and cannot be shared with or
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transferred to any other person or third party. The permission is to use the Services by an individual
Enrolled Student and is subject to the Terms and Conditions set forth herein.

It is the responsibility of Enrolled Students to ensure that all course requirements are complied with
within the said period.

After application of Enrolled Students for completion of Incomplete courses and the corresponding
approval of the same, access to Services may be extended to a reasonable period beyond the semester
during which the Enrolled Student was originally enrolled, provided, that such extension shall not be
more than the period within which completion is allowed.

LPU Manila will provide Enrolled Students with credentials for access to myLPU eLearning and the
Services, such as log-in details. Enrolled students agree not to: 1) disclose these access credentials and
2) allow others to use the Services through their unique access credentials. LPU Manila reserves the
right to manage your use of the Services.

LPU Manila reserves the right to update and revise the online courses and Course Materials at any time
in its sole discretion.

LPU Manila may engage the services of independent sub-contactors to assist in providing the services
or use third parties to arrange or supply certain aspects of myLPU e-Learning and the Services. Enrolled
Students agree that LPU Manila‟s obligation is to use reasonable care in selecting competent,
independent sub-contractors and third party suppliers to provide reasonable services related to myLPU
e-Learning and the Services.

myLPU e-Learning may contain links to other websites or applications. These links are provided to
enable the user a convenient way to access additional information. LPU Manila does not control nor
review the contents of such links and bears no responsibility for the content and the services of those
third party websites or applications, nor does it warrant the continuous and safe accessibility to them.

Enrolled Students also acknowledge that if they are accessing content from a third party, they are
doing so in agreement with said third-party, and not with LPU Manila. LPU Manila is not a party to the
agreement between the Enrolled Students and the third party with respect to that third party content.
The third party provider of any third party content is solely responsible for that third party content.
Enrolled Students access and use third party links at their own risk.

III. Device and System Requirements


myLPU e-Learning can be viewed on mobile, tablet and personal computer formats. Enrolled Students
have the responsibility to ensure that they meet the system requirements, including compatible
hardware, software, telecommunications equipment and Internet service, prior to the use of the
Services. LPU Manila will not refund payments where use of the Services is inhibited due to insufficient
system requirements.

Enrolled Students may incur charges to internet service provider and for use of software necessary to
use the Services. Enrolled Students are responsible for paying any such charges.

IV. Intellectual Property


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Unless otherwise indicated and subject to the provisions of law, myLPU e-Learning and all its contents
are at all times the proprietary property of LPU Manila. All Intellectual Property Rights pertaining to the
learning management system content, images, layout, graphics, design and appearance, online courses
and Course Materials in myLPU eLearning, as applicable, are and remain, the property of LPU Manila
and are protected by copyright laws, the Intellectual Property Code of the Philippines and other
relevant laws, rules and regulations.

An Enrolled Student may print screen pages for his/her own individual use only. He/She may not
duplicate or reproduce the printed screens or distribute the printed screens to any other individual or
entity. He/She may likewise download one copy of the Course Materials; however, the use the Course
Material is restricted to his/her personal use only for the purpose of completing the course
requirements.

Enrolled Students are not authorized to reproduce, re-publish, sell, upload, broadcast, post, transmit,
teach, distribute in any form or by any means any of the course materials, especially for commercial
purposes, or to commit any similar acts, without prior written permission from LPU Manila. Enrolled
Students shall not adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any
software forming part of the contents of myLPU e-Learning or create derivative works based on the
whole of or any part, or which incorporate, said contents in any software program.

The names, images and logos identifying LPU Manila or third parties and their products and services
are subject to copyright, design rights and trade marks of LPU Manila and/or third parties. Nothing
contained in these Terms and Conditions shall be construed as conferring any license or right to use
any trade mark, design right or copyright of LPU Manila or any other third party.

Certain courses may include a complimentary electronic copy of a book related to the topic of a
particular course. Notwithstanding anything to the contrary herein, use of the e Book shall be subject
to the additional terms and conditions in this subparagraph. Enrolled Students may download only one
(1) copy of the e Book. They may not print the e Book or distribute to any third party in modified or
unmodified form.

LPU Manila operates myLPU e-Learning under the “fair use” policy in accordance with the Intellectual
Property Code of the Philippines, as amended.

V. Confidentiality
In the course of the provision or use of the Services, and whether due to any intentional or negligent
act or omission, LPU Manila may disclose to Enrolled Students or they may otherwise learn of or
discover Confidential Information of LPU Manila. In case of doubt as to whether a particular information
is Confidential Information, the same shall be treated as Confidential Information. Enrolled Students
hereby agree and acknowledge that:

1. such information is Confidential Information and shall be the sole and exclusive intellectual
property and proprietary information of LPU Manila;

2. LPU Manila would be materially damaged by any disclosure of our Confidential Information; and

3. monetary damages provide an insufficient remedy for the breach of this confidentiality obligation.

Any disclosure of LPU Manila‟s Confidential Information to a third party, especially a direct competitor,
is strictly prohibited and will be vigorously challenged in a court of law.

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All obligations as to Confidential Information shall survive the termination of these Terms and
Conditions.

VI. Rules of Conduct and Ethical Use


LPU Manila promotes the responsible and ethical use of technology to promote a healthy exchange of
knowledge. To achieve this end, Enrolled Students agree to abide by this principle and agree not to:

1. send or post unsolicited commercial communication (a.k.a. "spam");

2. give his login information to a third party or assist an unauthorized user in accessing the myLPU
e Learning platform;

3. use the myLPU e Learning to access computers, accounts, or networks belonging to myLPU e
Learning or others without authorization; penetrate security measures (e.g. hacking); monitor data
without permission; interfere with any service provided by LPU Manila; collect personally identifiable
information without express, knowing consent of the person identified (e.g. phishing, scamming,
harvesting, spidering, etc.); use deceptive information to disguise the source of information; or,
distribute advertisement or other software including any software which cannot be easily removed
using standard tools on major operating systems (such as the "add/remove" tool provided with
Microsoft operating systems);

4. upload to the site or send or otherwise knowingly distribute through the site any Internet viruses,
worms, Trojan horses, denial of service attacks, or any other actions that have the effect of interfering
with the normal operations of the myLPU e Learning;

5. post offensive, hateful, defamatory, harassing, threatening, bullying, intimidating, or


pornographic content, or content that contains nudity or graphic or gratuitous violence;

6. use the myLPU e Learning to do anything that is misleading, malicious or discriminating, or that
violates any applicable laws, rules or regulations; or

7. commit any acts similar to the foregoing or such other acts that may compromise the integrity of
myLPU e-Learning or the safety of LPU Manila community.

Enrolled Students agree to secure and protect the Course Materials in a manner consistent with the
maintenance and protection of LPU Manila‟s rights.

Enrolled Students further agree to respect the privacy of persons, and comply with data protection
laws, rules and regulations, such as the Data Privacy Act of 2012 and the Cybercrime Prevention Act of
2012.

Enrolled Students acknowledge that LPU Manila implements policies that deal with inappropriate
behaviour of students and imposes disciplinary sanctions against erring students. Relevant rules in the
Student Handbook shall apply to Enrolled Students in the use of the Services, such as rules on
plagiarism and unfair or dishonest practices. Sanctions may include temporarily suspending accounts to
prevent further damage or injury. In such circumstances, no refund will be given. These are without
prejudice to the filing of civil, criminal and/or other administrative charges as may be warranted in
cases of breach of these Terms and Conditions.

LPU Manila reserves the right to monitor IP addresses used by Enrolled Students in using the Services
to ensure compliance of Enrolled Students with these Terms and Conditions.

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VII. Warranties
LPU Manila makes every effort to ensure that the Course Materials are up to date, accurate and are of
high quality using a commercially reasonable level of skill and care. LPU Manila endeavours to take
reasonable diligence in improving the contents of myLPU e-Learning. As such, LPU Manila reserves the
right to change any of the features of and information in myLPU e-Learning at any time it feels
appropriate.

LPU Manila provides materials „as is‟ and without any warranties of any kind in relation to the Services,
either express or implied, including, without limitation, warranties of merchantability, non-infringement
and fitness for a particular purpose, except those that cannot be excluded under the laws. LPU Manila
does not make any commitment to Enrolled Students that they will obtain any particular result from
their use of the Services or that they will obtain any particular qualification upon completion of the
online course/s.

LPU Manila does not warrant that Services or any content in myLPU e-Learning is accurate, true, timely,
reliable, correct or complete. LPU Manila does not warrant that the content or functions of myLPU e-
Learning will be uninterrupted or error free, that defects will be corrected, that myLPU e-Learning is
free of viruses or other harmful components, or that myLPU e-Learning and the Services obtained will
otherwise meet the needs or expectations of Enrolled Students.

In any case, LPU Manila agrees to undertake reasonable efforts and technical measures so that the
Services can take place smoothly and without interruption and that an adequate level of security is
maintained.

Further, LPU Manila does not make any commitment that the online course or Course Materials will be
compatible with or operate with the software or hardware of Enrolled Students.

VIII. Liability
To the fullest extent provided by law, LPU Manila, its affiliates or its employees, agents officers or
directors, shall not be responsible, under any legal theory, for damages that result from its failure to
comply with the Terms and Conditions; provision, use of or inability to use Services; and any technical
support, including any indirect, special, incidental, punitive or consequential damages, such as, but not
limited to personal injury, pain and suffering, emotional distress, loss of profits loss of income or
revenue; loss of business; loss of anticipated savings; loss of goodwill, or loss or corruption of data.

LPU Manila is not responsible to Enrolled Students for any data lost either (a) as a result of using the
Services; or (b) during submission of course requirements via myLPU eLearning. It is the responsibility
of Enrolled Students to ensure that they regularly save and back up relevant data.

LPU Manila will not be held responsible for any delay or failure to comply with its obligations under the
Terms and Conditions if the delay or failure arises from any cause which is beyond LPU Manila‟s
reasonable control as well as for reasons due to technical or other failure of the backbone network,
incidental facts, or for reasons of force majeure such as, but not limited to, war, terrorist activities,
riots, natural disasters, fire, flood or adverse weather conditions.

Enrolled Students also accept and acknowledge that LPU Manila cannot be held responsible for any
delay or disruptions to access to myLPU e-Learning and use of Services in view of:

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1. the operation of the internet and the world wide web, including but not limited to viruses;

2. any firewall restrictions that have been placed on your network or the computer you are using to
access the Online Course;

3. failures of telecommunications links and equipment; or


4. updated browser issues.

LPU Manila will not be liable for damages which Enrolled Students could have avoided by following LPU
Manila‟s advice or instructions, or having in place the minimum system requirements.

LPU Manila‟s maximum aggregate liability to any Enrolled Student for any claims that he/she may have
against LPU Manila for direct loss in contract, tort or otherwise arising out of or in connection with the
Terms and Conditions, provision or use of Services, and any technical support shall be limited to the
amount of the enrolment fees which has been paid by the Enrolled Student. In no event shall LPU
Manila be liable for damages in excess of this sum.

Enrolled Students agree that LPU Manila is not responsible for the actions or omissions of sub-
contractors or third party suppliers.

IX. Indemnity
Enrolled Students agree to indemnify and hold LPU Manila, its officers, directors, agents, and
employees harmless from and against all claims, damages, and expenses, including attorney's fees,
arising out of any information, message, content, or materials uploaded, posted, distributed or
transmitted to or through the platform, or otherwise arising out of the myLPU e learning.

X. System Maintenance and Updates


In some occasions, updating, repair, maintenance works and introduction of new facilities or services
may be carried out to improve the performance or functionality of myLPU eLearning. LPU Manila
reserves the right to suspend access to the learning management system and use of the Services may
thus be occasionally restricted to allow these activities. LPU Manila will attempt to restore the access
and the Services as soon as it reasonably can.

XI. Technical Support


LPU Manila will exert reasonable efforts to provide solutions where LPU Manila has direct control over
the system, software or settings involved. It may not be possible for LPU Manila to solve all problems or
correct all errors in the myLPU e Learning.

XII. Miscellaneous Items


1. Changes

LPU Manila reserves the right to change at any time, without justification and without prior notice,
partially or in total, the Terms & Conditions, the features and Services provided, and the functionalities.

2. Notices

Concerns on the use of myLPU e-Learning may be communicated in writing to elearning@lpu.edu.ph.

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3. Exercise of Right

No failure or delay by LPU Manila in exercising any right or remedy under these Terms and Conditions
shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that
right or remedy. Any waiver must be agreed to by LPU Manila in writing.

4. Separability

If for any reason/s any part or provisions of these Terms and Conditions shall be held to be
unconstitutional or invalid, the other parts or provisions, which are not affected thereby, shall continue
to be in effect.

5. Dispute Resolution

Any and all disputes, controversies and conflicts between the Parties arising out of or relating to or in
connection with these Terms and Conditions, including any question regarding its validity, construction,
and the performance or non-performance of the obligations set forth herein shall, so far as possible, be
settled amicably between the Parties in good faith after written notice of such dispute, controversy or
conflict has been received by one Party from the other Party.

6. Effectivity

These Terms and Conditions shall take effect upon checking the “Yes, I Agree” box.

The permission granted under these Terms and Conditions automatically terminates after end of each
semester concerned, at which time the account/s may no longer be accessed, and such permission
resumes as soon as the student is re-enrolled. This is subject to the terms on completion of subjects
stated above.

5. By clicking the “Yes, I Agree”, I hereby acknowledge that I have carefully read,
understood, and agree to be bound by said Terms and Conditions on the Use of
myLPU e-Learning. *

Yes, I Agree

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