Welcome to SkillBean, a software and/or application and its website to provide training needs of individuals, employees and officers of companies, and members of the public. In accessing and availing the services of SkillBean, SkillBean may store, manage, organize, collect, analyze, review information, including but not limited to personal or non-personal information. All users of the SkillBean and visitors are referred to as “users” or “you”.
This User Agreement covers all text, articles, documents, photographs, images, illustrations, data, statistics, analysis, and all other content, information, and materials (collectively, “Content”) available on or through the Services, whether posted, uploaded, transmitted, sent or otherwise made available by us, our training partners, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked, stored, collected, organized, retrieved, downloaded by you and/or other users.
This User Agreement are modified from time to time. You have to check back on this page for any modifications or revisions on the same. Your continued access and/or use of the Services constitute your acceptance of such modifications or revisions.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, pursuant to this User Agreement, or posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the “Agreement”), we reserve the right, in addition to other remedies, to terminate, discontinue, suspend, and/or restrict your account/profile, to access and/or use the Service, with or without notice.
Intellectual Property Rights
We own all intellectual property rights and/or licenses on the Services, its platform and/or software (“Software”). Using our Services does not give you ownership of any intellectual property rights in our Services or Software. Copying or reproducing the Software available on this site for further reproduction or redistribution is prohibited. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from the Services unless you obtain permission from its owner, or are otherwise permitted by law.
Should you upload, submit, store, send or receive Content using our Services, you retain ownership of intellectual property rights you hold in such Content. However, you give us, and those we work with, license to use, host, store, reproduce, modify, create derivative works, communicate, display, distribute such Content for the limited purpose of operating and improving our Services.
Using the Services
You are solely responsible for all usage or activities on the Services by you and by those you authorize or allow to use, or provide access to, the Services. This includes authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Services reside or are accessible. Moreover, you bear sole responsibility for evaluating the merits or risks associated with the use of the Content obtained through the Services.
In addition to all other limitations and disclaimers in this User Agreement, we disclaim any liability or loss in connection with the advise/opinion/view or Content obtained on or through the Services. We do not endorse or warrant any of our training partner’s ability, qualification, competence, skill, talent or the authenticity or accuracy of any advice/information given. You are strongly advised to perform your own investigation prior to selecting a training partner by confirming with appropriate licensing or certification authorities to verify listed credentials and education.
Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Services, are the views, opinions and responsibility of those who post or provide the Content, which we neither control nor endorse. You acknowledge and agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Services, including Content that violates the Agreement. Therefore, we disclaim any liability with regard to any actions resulting from your participation in any Service, and you agree to waive any claims against Storm Learning, Inc. relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against Storm Learning, Inc. relating to the same.
Without prior written consent, you may not, nor may you enable, authorize, assist, or promote that others, directly or indirectly, do any of the following for any reason:
- access and/or use anyone else’s profile or registration information, or access, visit and/or use the Service by use of another person’s account/profile and/or registration information, and/or obtain Content other than yours;
- authorize or permit anyone else to access and/or use your registration information or profile, or access and/or use the Service by use of your account/profile;
- make any commercial, advertising, promotional, or marketing use of the Service and/or Content, except as permitted by law or as expressly permitted in writing by us or the owner, respectively;
- post, upload, transmit, send or otherwise make available on or through the Service any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, use any abusive, intimidating, bullying, harassing, hateful, violent, offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate language, or that may encourage, suggest, promote activities that constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or foreign law, rule or regulation, on or through the Service;
- commit any fraudulent or illegal transaction on or through the Service;
- post, upload, transmit, send or otherwise make available on or through the Service any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
- post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, or any other personal or proprietary right of any user or third party;
- interfere with our Services, such as using a browser, or disrupt, hack, damage, disable, impair, tamper or interfere with, the Service including without limitation any Content, and post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
We reserve the right to take any technical, criminal, civil, administrative, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the said Agreement, to seek damages, including attorney’s fees, to the fullest extent permitted by law.
Limitation of Liability
The Services and its Software are provided “as is” and on an “as available” basis. We exclude any all representations, warranties, express and implied, including but not limited to any warranties of accuracy, reliability, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, or representation, whether oral, in writing or in electronic form.
We do not represent, warrant or guarantee that access to the Services will be uninterrupted, timely, error free, or that there will be no loss of transmitted, stored, uploaded Content, and we will not be liable in the event of any such occurrence.
We are not responsible for incomplete, incorrect, lost, delayed, late, misdirected, or incompletely received communications or messaging from you or users for any reason, including by reason of hardware, software, network failure, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device or account/profile, or any other cause or combination thereof.
We shall not be liable for lost profits, revenues, or data, financial losses, direct or indirect, special consequential, exemplary or punitive damages, foreseen or otherwise, arising out of or in connection with the use of the Services or this site or application, and/or allegedly sustained arising out of the Agreement, the Services, access or use thereof, including damage to your computer, mobile or other device, reliance on, any Service or Content available therein. In no event shall our liability to you exceed the amount you paid to use the particular Service.
You agree to defend, indemnify, and hold us free and harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from the access or use of the Services and/or handling, storage, transmission, access, use of the Content. In case any such claims/actions or suits are filed against us, you shall fully pay for the legal services required by us to protect ourselves and shall assume any unfavorable judgment that may be rendered against us.
Regardless of where you access, visit and/or use the Services, the Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to conflict of laws rules. In the event of any dispute arising from or relating in any way to this Agreement or Service, the exclusive venue is Pasig City, Philippines, and you irrevocably agree to submit to the jurisdiction of its proper courts.
If any term or provision of this Agreement is found to be invalid or unenforceable for any reason, it shall be adjusted rather than avoided, if possible, so as best to accomplish the objective of the Parties to the extent possible. In any event, the remaining terms and provisions shall be deemed valid and enforceable. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision, unless in writing, signed by us. Nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
- Information we collect
- Personal Information; Generally
The Service collects personally identifiable information with your specific knowledge and consent when you register for the Service, which includes, but not limited to, the following information: your name, office or residential address, contact information, gender, age, marital status, qualification data and other information you voluntarily choose to provide to us. This likewise includes data that you upload, transmit, send, store using the Services (Content). Collectively referred to as, “personal information”.
- Payment Information
- Traffic Data
We automatically collect certain data when you access or use the Services, such as your IP address, location, duration of your access or usage, the type of browser you use, the device type you use, the pages on our sites that you have visited, and the advertisements that you have clicked on. Such information are associated with your SkillBean account. We use the information we collect to provide, maintain, protect and improve the Services or to develop new ones.
- How We Collect Information
We collect information when users access and/or use the Services, which includes:
- Registration with SkillBean;
- Storing/submitting/sharing information and any other personal information;
- Use of the Services, such as searching and purchasing for courses or viewing our training partners;
- Commenting or responding to surveys, questionnaires and the like;
- Installation of certain applications and software we make available;
- Cookies, web beacons, website analytics services and other tracking technology;
- Contacting us.
- Tracking Tools
Web Beacons are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services. The information collected by Web Beacons allows us to analyze how many people are using the Services, for what purpose, or using advertisers’ websites. We may also use third-party website analytics services, for example, to register mouse clicks, mouse movements, scrolling activity. These generally do not collect personal information, and used to make the Services easier to use.
Mobile device identifiers are data stored on your mobile device that may track mobile data and activities occurring on and through it, as well as applications installed on the device. It enable the collection of personal information and traffic data to help us learn more about our users’ demographics and internet behaviors. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device.
- Use of Information
We also use your information to:
- provide you with the products, services and information you request;
- respond to correspondence we receive from you;
- send you information of our products or Services;
- contact you when necessary or requested;
- customize and tailor your experience of the Services;
- prevent, detect and investigate security breaches and potentially illegal or prohibited activities.
Advertisers and/or third party service providers that appear on the site may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to our site’s cookies.
- Disclosure of Information
If you choose to purchase merchandise, products and/or services, including without limitation Content, on or through features on the Service, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification.
We may also need to disclose your personal information or any other information we collect about you, if we determine in good faith that such disclosure is needed to comply with applicable law, regulation, court order or other legal process; to protect the rights, property or safety of SkillBean or another party; to enforce the Agreement with you; to respond to claims that your posting or Content violates third-party rights.
We may disclose information that is not personal information at our discretion. We may transfer your information to another company in connection with a merger, acquisition or other change of ownership or control of Storm Leaning, Inc. We will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
- Security of Information
The security of your information and data while using our Services is very important to us. Our Services employ a variety of safeguards, including encryption, to protect the confidentiality, integrity and availability of your personal information. This includes those set out under Sec. 20 of the Data Privacy Act of 2012, such as reasonable and appropriate organizational, physical and technical measures for the protection of personal information against any accidental, natural or unlawful destruction, alteration and disclosure, and unlawful access, use or processing. But because no system of physical or electronic security is impenetrable, we cannot guarantee the complete security of the information you send to us, the Content you upload, transmit, store, use, share or the security of our servers, networks or databases. By using the Services you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit and/or use the Service, including without limitation your personally identifiable information and other Content, and we are not responsible for any loss of such information or the consequences thereof.
If you elect to store information or the Content through a device where others may access it, we are not responsible for any loss of such information or consequences thereof, or events beyond our reasonable control including acts of government, computer crashes, computer hacking etc.
In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we shall promptly notify you and the National Privacy Commission.
- Controlling Your Information
If you are a registered user of the Services, you can modify inaccuracies or delete the personal information you have included in your profile, or Content you have stored, organized, collected, transmitted, received on or through the Services, change your username and password, by logging in and accessing your account. If you wish to close your account, please e-mail us at [email protected] We will delete your account and related information at your request as soon as reasonably possible. However, deletion from our backup systems will take a period of one (1) year, subject to the requirement of law, to resolve disputes, prevent fraud, enforce the Agreement and take actions permitted by law.
This Service is not intended for use by children. No one under age 18 is allowed to register for the Service. If you are a parent or legal guardian of a minor, you may access and/or use the Services on behalf of such minor.