Terms of Service

BARMENTOR.PH’s Terms of Use

These Terms of Use (“Terms”) were last updated on 01 April 2020.

BARMENTOR.PH aims to improve the bar review experience through online mentoring. We value the goals and aspirations of law graduates and law students to pass the Philippine Bar Exam.

With the use of technology, we have created an online learning tool, device, or platform (the “Platform”) which provide for online lessons, interactions, resources, and similar services (the “Services”). The terms and conditions herein shall apply to our Platform or Services.

Wherever you may be accessing or using the Services, you unconditionally agree to be bound by these terms and conditions herein and to the laws of the Republic of the Philippines. It is your responsibility to comply with any applicable local laws where you may be located.

Your access and/or continued access of the Platform or Services indicates unequivocally and unconditionally your consent to be bound by the terms and conditions herein, and which constitute a legally binding contract between you and us.

1. Accounts

1.1. Your account is your responsibility.

1.2. You are responsible for any activity associated or connected with your account, including purchases. Your account activities shall be deemed to have been made by you, including any damage or harm that may result thereof, such as violations of these terms and/or the law, including intellectual property, privacy, cyberlibel, among others. For third-party harm or damage, we shall not intervene in any disputes. Do note that technology is available to track and locate your account’ activity, including IP address tracking, among others.

1.3. You should thus keep your password safe and avoid using another person to use your account.

1.4. Your creation of an account is a clear and manifest representation on your end that you are of legal age and may be subject to court processes. You also express declare that, at the time of creating the account, you are either a law graduate or a law student for at least 2 years in the immediately preceding years, in the Philippines.

1.5. You undertake to provide and continue to submit accurate and complete information, including a valid email address and mobile number, whether or not upon request, through channels provided, such as an email notice. We reserve the right to request some additional information from you to confirm your identify and whether you are indeed the account owner.

1.6. Your request for password recovery shall be subject to you providing your login credential, such as your username. If we receive information on the death of a user, the account shall be closed.

1.7. You have ownership of any content that you posted, including reviews, questions, and comments. You hereby grant us authority to share or distribute your content through any media or platform, for whatever activity, without need of consideration or payment. This license is worldwide, non-exclusive, royalty-free, with the right to sub-license, and includes the right to copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods, whether now existing or may be developed in the future. You represent that you are the owner or that you have the rights, powers, and/or interests over your content.

1.8. You can terminate your account at any time. It is advised that you review our Privacy Policy in relation to the deletion of an account.

2. License to Use

2.1. Your enrollment of a course means you get a license to use and access, unique personally and specifically to you, in order to view or use the Services, and no other. Courses are licensed, and not sold, to you. You cannot transfer, lend, resell, lend, lease, donate, and perform any other similar act, your license to use to another person or entity, whether or not for value or consideration.

2.2. Your license to use is valid only for the calendar year when you purchased it, regardless of when you bought the course. To illustrate, if you purchase a course on April or September, your license to use both courses will expire by the end of December for that same year.

2.3. Your license is limited, non-exclusive, and non-transferable, solely for your personal, non-commercial, and educational use. All other uses are strictly prohibited. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent/lease, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course or lessons, unless with express written consent from our authorized representative. These are also applicable to any content that is accessible or processed via our APIs.

2.4. We thus reserve the right to suspend or revoke any license to use and access, as well as suspend or delete any account, at any point in time, which we have been determined to be in violation of these terms and/or the law, without need of prior notice.

3. Payments

3.1. You agree to pay using a valid payment method. For card payment, you hereby categorically and specially authorize us to charge your debit or credit card or process them via third-party payment methods, such as Paypal.

3.2. You hereby unconditionally agree to update your account in case of issues in the processing of your payment, within thirty (30) das notice. We reserve the right to suspend or revoke your access if no payment is received after due date.

4. Our Rights

4.1 We own the Platform or Services, including the website, present and future apps and services, as well as our assets, such as logos, trademarks, audiovisual presentations, videos, API, code, content. Basically, our intellectual property is exclusively ours. You cannot and should not tamper with them, nor use them without authorization.

4.2. You shall not access, tamper with, or use non-public areas of the Platform, Services, and technical delivery systems of our service providers.

4.3. You shall not interfere, disable, tamper, nor try to circumvent any of the features of the Platform or the Services related to security, firewall, and other protection measures, nor should you probe, scam or test the integrity or vulnerability of our systems.

4.4. You shall not copy, alter, modify, edit, create a derivative work of, reverse engineer/assemble or perform similar acts to, including any attempt thereto, for purposes of discovering any source code or content on the Platform or Services.

4.5. You shall not access or search, including any attempt thereto, by any means except via our publicly available search tools, nor shall you scrape, use spiders/robots, and similar means, to access the Platform or Services.

5. Additional Legal Terms

5.1. The Terms, including references, and the Privacy Policy constitute the entire agreement between you and us. If any the provisions thereon are declared invalid or unenforceable by a competent court, the remaining provision shall remain in force and effective, as well as binding and enforceable.

5.2. Our non-action on any violation does not mean that we are waiving any of our rights, nor do we intend for laches to set in. We reserve the right to purse a legal action in the future when circumstances warrant.

5.3. Unless otherwise excluded, all the provisions herein shall survive after the expiration and/or termination of the Terms or the legal relationship between you and us.

5.4. Disclaimers: Technology has its limitations. The Platform or Services my be down for some reason, such as maintenance, technical difficulties, applications and programs malfunctioning, due to an external attack, and analogous thereto. You unconditionally agree that you do not have any cause of action nor will you pursue any legal action in these cases.

THE PLATFORM OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATION NOR WARRANTIES ON THE SUITABILITYY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURANCE OF THE SERVICES AND/OR THE CONTENT, AND THUS EXPRESSLY DISCLAIM ANY WARRANTINES OR CONDITION, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM THE USE OF THE SERVICE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

Nothing in the content should be taken as legal advice nor professional opinion. The discussions are for general information and education purposes only. You are advised to consult a legal professional for any specific concern or case.

We reserve the right to cease, modify, change, or alter any feature of the Platform or Services at any time and for any reason, without prior notice. You shall not us liable for any damages that might result in such changes in the features.

5.5. Limitation of Liability: To extent allowed by law, we shall not be liable for any indirect, incidental, punitive or consequential damages, including loss of data, revenue, profits, business opportunities, employment, or personal injury or death, whether arising out of or in connection with contract, warranty, quasi-delict, tort, product liability or otherwise, regardless of any prior advanced notice of the possible damage or harm. If for any reason we and/or our representatives are adjudged liable, including any third parties, partners or affiliates, the liability shall be limited to the greater of Five Thousand Pesos (Php5,000.00) or the amount that you have paid in the immediately preceding 12months before the accrual of the cause of action.

5.6. Indemnification: If you perform any act that results in us and our agents, including third-parties, being exposed to harm or damage, whether or not actual, you unconditionally agree to indemnify, defend if so requested/demanded, and hold free and harmless us and our agents, including third-parties, from any third-party claims, demands, losses, damages, expenses, attorney’s fees, and any other causes of action resulting form you actions, omissions, violations, and similar thereto.

5.7. Notices or other communication shall be in writing and coursed through the email associated with your account or via your declared residential/mailing address.

5.8 No joint venture, partnership, employment, independent contract, nor agency is created by you and us.

5.9. Conflict Resolution: In case of dispute or conflict with the provisions herein, your and/or our representatives hereby acknowledge and agree to first personally meet to explore solutions for an amicable settlement within 30 days from service of a written notice by the concerned party to the other. This duty to amicably settle includes the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for purposes of reaching a mutually acceptable compromise agreement.

The above-mentioned settlement dispute shall be a pre-conditional requirement prior to filing any legal action before the proper courts or tribunal. The Parties thus hereby unconditionally agree that non-compliance with this section shall result in the dismissal of any action filed with any and all costs, expenses, and attorney’s fees to be shouldered and reimbursed by the non-complying party to the other.

5.10 Jurisdiction and Costs of Suit: In the event that the conflict remains unresolved after compliance with the immediately preceding section, you and us both hereby unconditionally agree and consent to resolve their controversy by submitting to the sole and exclusive jurisdiction of the proper and competent arbitration tribunal constituted by the Philippine Dispute Resolution Center Inc. (PDRCI) at Taguig City, following the latter’s requirements, rules, and procedure.

Should a party be compelled to engage the services of a legal counsel and/or incur costs and expenses to litigate or enforce any contractual obligation, including preparations of filing an action, against the second party, the first party shall be indemnified or reimbursed by the second party for any and all amounts for litigation costs and expenses, including attorney’s fees. This includes defending against any demand, claim, action, or suit due to the second party’s non-performance of the obligations by the second party.

5.11 Governing Law: These terms are governed by the laws of the Republic of the Philippines. Any interpretation and construction of the provisions hereof shall be based on laws, jurisprudence, and rules under Philippine Law.

5.12 We reserve the right you update the Terms. For any changes relating to the Conflict Resolution provisions, your access and continued use of the Platform or Services indicate your unconditional acceptance to the revisions, modifications, additions, and deletions of the previous Terms.

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