These terms and conditions apply to Services provided by PinoyWish Training Center, Inc. ‘(“PWTC” or “we” or “us”) with principal address at No. 12 Dona Elena St., Dona Justa Village, San Roque, Angono City and contact details 2-887-18031 and 2-887-18031, and email address at inquiry@pinoywishtrainingcenter.com as well as info@pinoywishtrainingcenter.com (“contact details” or “contact information”.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
- Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
- “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
- “Course Materials” means the information provided by PWTC to accompany a course provided as part of the Services in hard copy or electronic form.
- “Fees” means the fees paid by you to PWTC.
- “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
- “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
- “Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
- “Taught Course” means a course taught by us in a classroom setting to which you attend in person.
- “Website” means www.pinoywishtrainingcenter.com
- “You/you” means the individual purchasing the Services.
2. Services
- A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
- We reserve the right to vary or withdraw any of the Services described on the Website without notice.
- We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
- In order to purchase any of the Services online you must register for an account with us using our Website. If you already have an account with us you can log in to your account using your user name and password.
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To purchase a Service you may contact us through our contact information.
PWTC reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
- Following receipt by PWTC of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
- A legally binding agreement between us and you shall come into existence when we have:
- accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
- received payment of the relevant Fees from you in accordance with clause 5 below.
- Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
- PWTC does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by PWTC.
4. Cancellation and Verification
Since it is the policy of PTC that its students undergo blended learning or a mixture of online and face-to-face learning, cancellation of the online and taught courses or programs is tantamount to withdrawal from class. Furthermore, enrollment for the taught course is equivalent to verification of registration for the online course/program
5. Fees
- The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
- Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
- The fees does not guarantee that you will pass the program/course as all courses and modules need to be answered and attended to, to pass the program.
6. Liability
- No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
- Although PWTC aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for
- any inaccuracy or misleading information provided in the program or Course Materials and any reliance by Client on any such information;
- any loss or corruption of data;
- any loss of profit, revenue or goodwill; or
- any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
- Except to the extent that they are expressly set out in these terms and condition, no conditions, warranties or other terms shall apply to the Services.
- Subject to clause e. below, PWTC’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
- Nothing in this Agreement shall exclude or limit PWTC’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
- No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
- All parts of the online course and taught course are property of PWTC.
- You, as user of this online course, are not authorized to:
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
- use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
- remove any copyright or other notice of PWTC on the Course Materials;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
- Violation of the aforementioned provisions shall immediately terminate these terms and conditions, and PWTC shall cease to provide you with Services
8. Confidentiality
- You and PWTC shall keep each other’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
- Both parties may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
- This clause shall continue notwithstanding termination of these terms and conditions.
9. Termnation
- We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- Failure to pay fees when it is due;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee, trainer, or teacher who provides the Taught Courses or any student or others who avail of the Services and who attends any Taught Course or Online Courses/Programs;
- cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offense committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.
- illegally downloaded or recorded the contents of the Course Materials
- On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11. Law and Jurisdiction
This Agreement is subject to Philippine laws and statutes, and the parties submit to the exclusive jurisdiction of the Philippine judicial and quasi-judicial courts in connection with any dispute hereunder.
Updated by The PinoyWish Training Center Legal Team on June 2, 2020.