Terms of Reference

By taking part in the PCEM Leaning platform activities, the LEARNER agrees and consents to the following terms and conditions (‘TERMS’) relative to the access and use of the platform, the products and services, and the associated computer software and program (collectively referred to as ‘SERVICES’) of PCEM Learning (‘PCEM’) as powered by JUMP Interactions (‘PROVIDER’).

1. The LEARNER accepts and acknowledges that the SERVICES are facilitated via online. As such, the LEARNER is responsible to ensure that he has the proper hardware and software requirements, along with internet access, to be able to access and use the SERVICES.

2. The LEARNER accepts and acknowledges that PCEM shall collect and store data and information, as hereinafter defined, for the access and use of the SERVICES.

3. The LEARNER grants and permits PCEM to collect and store technical data, personal, and professional data and information received by PCEM in providing its SERVICES.
4. Consequently, if such data and/or information provided to PCEM are known or found to be inaccurate, misrepresented, or false, PCEM shall not be responsible for any damage, liability, loss, or any other consequence that the LEARNER may incur as a result of these inaccuracies, misrepresentations, or falsities.

7. The LEARNER allows and permits PCEM to use these collected data and information relative, but not limited, to the following purposes:

• To assist PCEM in the general administration of its SERVICES;
• To assist PCEM in the technical administration of its SERVICES;
• To assist PCEM in providing the technical support for its SERVICES;
• To assist PCEM in monitoring the access and use of its SERVICES;
• To assist PCEM in improving and enhancing the provision of its SERVICES;
• To assist PCEM in the management and regulation of its SERVICES.

8. PCEM shall not disclose any of the aforementioned data and information received from the LEARNER to any third party except if such disclosure is demanded by a governmental or regulatory body, mandated by subpoenas or court orders, or necessary for any other legal purpose/s.

9. The LEARNER accepts and acknowledges that PCEM has placed industry accepted standards in providing security measures for its SERVICES. Nonetheless, the LEARNER accepts and acknowledges that PCEM cannot fully ensure the reliability and security for its SERVICES in anticipation of any security and/or data breach of its system. In the event of a security and/or data breach, PCEM shall not be responsible and incur any liability for any unauthorized access or use by any third party of the breached data and information of the LEARNER.

10. The LEARNER accepts and acknowledges that periods of downtime, unanticipated or anticipated, may be expected in the access and use of the SERVICES. The downtime period of the SERVICES may be caused by any of the following reasons:

• In cases of unanticipated power outages, system failures, malfunctions or other interruptions outside the control of PCEM;
• In cases of downtime, announced or otherwise in order to permit PCEM to conduct maintenance or to make modifications in its SERVICES, provided that if unannounced, the downtime shall not exceed a period of twenty four (48) hours unless the circumstances so warrant and an announcement to this effect is made;
• In cases of any security breach, data breach, or any other breach that PCEM, in its discretion, may determine to create risk if there be continued access and use of the SERVICES;
• In cases that the downtime of the SERVICES be required for legal or regulatory reasons;
• In case that the SERVICES be thereafter prohibited by law.

The LEARNER accepts and agrees that PCEM shall incur no liability for any damage, liability, loss, or any other consequence that the LEARNER may incur arising from the causes of the downtime and also a result of the downtime period of the SERVICES.  In all circumstances, PCEM aims to keep such downtime period to a minimum and therefore shall not issue refunds to the LEARNER.

11. The LEARNER accepts and acknowledges that PCEM is the owner of the copyrighted materials, trademarks, and other intellectual properties (collectively, the “PROTECTED MATERIALS”) made available to him relative to the access and use of the SERVICES. As such, the LEARNER accepts and agrees that he cannot, in any manner, post, modify, copy, reproduce, republish, sell, sub-license, upload, broadcast, make available, disseminate, or distribute (collectively, “PROHIBITED ACTS”) the PROTECTED MATERIALS to any third party.

Consequently, in the event that the LEARNER commits any of the PROHIBITED ACTS, the LEARNER accepts and agrees that:

•   PCEM shall automatically suspend and revoke the access and use of the SERVICES of the LEARNER;
•   PCEM shall ban the LEARNER from future access and use of the SERVICES;
•   PCEM shall not issue a refund for all payments made by the LEARNER;
•   PCEM shall exhaust all available legal actions, rights, remedies, causes of actions, and claims or defenses, whether civil or criminal in nature, against the LEARNER.

12. PCEM reserves the right, at its own discretion, to modify or replace any part of these TERMS. It shall be the sole responsibility of the LEARNER to check if the TERMS have been modified or changed. After the changes to the TERMS have been made, the continued access and use of the SERVICES by the LEARNER shall constitute as his implied acceptance.

-Nothing Follows-