TERMS AND CONDITIONS ON THE USE OF myLPU e-Learning

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.

I. Definition of Terms

The following terms, as used in these Terms and Conditions, are

defined as follows:

0. 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) Cavite in the course of the provision of
services.
1. Course Materials – any course data, reports, programs,
books, reading materials, course notes and other similar
materials made available through myLPU e-Learning that
can be used or viewed by enrolled students;
2. 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 Cavite;
3. 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;
4. myLPU e-Learning – a learning management system owned
and operated by LPU Cavite used in the provision of services;
 5. 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
6. 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 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 Cavite will provide enrolled students with credentials for

access to myLPU e-Learning and the services, such as log-in
details. Enrolled students agree not to:.
 0. disclose these access credentials and
1. allow others to use the services through their unique access
credentials.

LPU Cavite reserves the right to manage your use of the services.

LPU Cavite reserves the right to update and revise the online
courses and course materials at any time in its sole discretion.

LPU Cavite 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 Cavite'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 Cavite 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 Cavite. LPU Cavite 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 Cavite
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

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 Cavite. All intellectual property rights
pertaining to the learning management system content, images,
layout, graphics, design and appearance, online courses and
course materials in myLPU e-Learning, as applicable, are and
remain, the property of LPU Cavite 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 Cavite. 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 Cavite or third

parties and their products and services are subject to copyright,
design rights and trade marks of LPU Cavite 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 Cavite 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 eBook shall be subject
to the additional terms and conditions in this subparagraph.
Enrolled students may download only one (1) copy of the eBook.
They may not print the eBook or distribute to any third party in
modified or unmodified form.

LPU Cavite 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 Cavite
may disclose to enrolled students or they may otherwise learn of
or discover Confidential Information of LPU Cavite. 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:
 0. such information is Confidential Information and shall be the
sole and exclusive intellectual property and proprietary
information of LPU Cavite;
1. LPU Cavite would be materially damaged by any disclosure
of our Confidential Information; and
2. monetary damages provide an insufficient remedy for the
breach of this confidentiality obligation.

Any disclosure of LPU Cavite‟s Confidential Information to a third

party, especially a direct competitor, is strictly prohibited and will
be vigorously challenged in a court of law.

All obligations as to Confidential Information shall survive the

termination of these Terms and Conditions.

VI. Rules of Conduct and Ethical Use

LPU Cavite 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:

0. send or post unsolicited commercial communication (a.k.a.

"spam");
1. give his login information to a third‐party or assist an
unauthorized user in accessing the myLPU e-Learning
platform;
2. 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 Cavite; 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);
3. 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;
4. post offensive, hateful, defamatory, harassing, threatening,
bullying, intimidating, or pornographic content, or content
that contains nudity or graphic or gratuitous violence;
5. use the myLPU e-Learning to do anything that is misleading,
malicious or discriminating, or that violates any applicable
laws, rules or regulations; or
6. 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 Cavite community.

Enrolled students agree to secure and protect the course

materials in a manner consistent with the maintenance and
protection of LPU Cavite's rights.

Enrolled students acknowledge that LPU Cavite 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 etudents 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 Cavite 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.

VII. Warranties

LPU Cavite 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 Cavite
endeavors to take reasonable diligence in improving the contents
of myLPU e-Learning. As such, LPU Cavite reserves the right to
change any of the features of and information in myLPU e-
Learning at any time it feels appropriate.

LPU Cavite 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 Cavite 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 Cavite does not warrant that services or any content in

myLPU e-Learning is accurate, true, timely, reliable, correct or
complete. LPU Cavite 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 Cavite 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 Cavite 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 Cavite, 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 Cavite 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 e-Learning. It is
the responsibility of Enrolled students to ensure that they regularly
save and back up relevant data.

LPU Cavite 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
Cavite'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 Cavite
cannot be held responsible for any delay or disruptions to access
to myLPU e-Learning and use of services in view of:

0. the operation of the internet and the world wide web,

including but not limited to viruses;
1. any firewall restrictions that have been placed on your
network or the computer you are using to access the Online
Course;
2. failures of telecommunications links and equipment; or
3. updated browser issues.

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

LPU Cavite's maximum aggregate liability to any Enrolled Student

for any claims that he/she may have against LPU Cavite 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 Cavite be liable for damages in excess of this
sum.

Enrolled students agree that LPU Cavite 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 Cavite, 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 e-Learning.
LPU Cavite 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 Cavite will
attempt to restore the access and the Services as soon as it
reasonably can.

XI. Technical Support

LPU Cavite will exert reasonable efforts to provide solutions

where LPU Cavite has direct control over the system, software or
settings involved. It may not be possible for LPU Cavite to solve
all problems or correct all errors in the myLPU e-Learning.

XII. Miscellaneous Items

0. Changes

LPU Cavite 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.

1. Notices

Concerns on the use of myLPU e-Learning may be

communicated in writing to lpuc_ctee@lpu.edu.ph.

2. Exercise of Right
 No failure or delay by LPU Cavite 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 Cavite in writing.

3. 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.

4. 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.

5. 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 upon expiration of the semester
concerned, at which time the account/s may no longer be
accessed. This is subject to the terms on completion of
subjects stated above.
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.

Full Name

Course

Subject

Section

Date

Signature