Last Updated: October 6, 2020 07:44 PM
PLDT Smart Foundation Gabay Guro App Terms and Conditions
Welcome to the GABAY GURO APP, a one-stop-mobile application hub that will integrate e-learning contents for teachers, students and parents; access to Gabay Guro Community programs such as scholarships, livelihood programs, exclusive events; and links to Gabay Guro partners who support and advocate the Education Sector such as Paymaya, Microsoft etc. which is found at gabayguro.com.
By using the GABAY GURO APP and availing of the services it offers, you are accepting these terms and conditions pertaining to the use of the app in case we make changes to these terms and conditions that would change your rights and obligations in the use of this app, we shall notify you of such changes. Your continued use of our app following the posting of changes to these terms and conditions will be construed as your acceptance of the amended terms and conditions.
- Description. Gabay Guro App, is a one-stop-mobile application hub that will integrate e-learning contents; online and interactive resources for teachers, students and parents; access to Gabay Guro Community programs such as scholarships, livelihood programs, exclusive events; and link to Gabay Guro partners who support and advocate the Education Sector.
- Purpose and Capabilities.
- For the teachers:
- Usher digital transformation to the teaching community. To create a Smart-er and well-connected community of teachers and students using a digital platform.
- To provide mainly teachers and secondary would be students with up-to-date educational resources “at their fingertips”.
- To provide e-learning content, interactive technology and ready-to-use tools that are aligned with the DepEd and CHED curriculum.
- Through new modes of teaching and the latest technology, teachers are given new opportunities and new horizons to explore, so that they can continuously create, grow, and evolve their craft for the benefit of the students under their care.
- Access to exclusive & relevant online training sessions from credible resource speakers
- Access to livelihood programs
- Access to online bills payment/online banking system/Financial institutions
- Access to exclusive games, promos & rewards from Gabay Guro partners; and
- Access to other relevant resources partnered by Gabay Guro
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- For the students:
- Receive tasks and specified lessons/ worksheets for the day
- Receive assessments and scores
- Access classroom files/ notes
- Access classroom chat group
- Ability to create their own profile (Grades and Milestones)
- For the Parents:
- Check their kids/student profile
- Access to their kids’ tests and grades
- Consult with teachers (by schedule)
- Join interactive forums where in they will be able to post questions, comments, recommendations; and read articles from teachers and officers plus join PTA Projects.
- Registration, Passwords and Security. You represent and warrant that you are a legit teacher, parent and/or student in the Philippines. That you represent and warrant that you are the subscriber on record of all the PLDT, Smart, Sun, TNT, Paymaya, and/or DMPI accounts you may link to the App. You also represent and warrant that the information you provide through the Gabay Guro app: (a) is true, accurate, current and complete and (b) shall be maintained and promptly updated by you to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may, without notice, suspend or terminate your access to the App and refuse any and all current or future use of the App (or any portion thereof).
Please select a strong password that would not be obvious to another person who may try to guess your password. Change your password regularly as an added precaution. You are responsible for maintaining the confidentiality and security of your unique username and password combination; you are fully responsible for all activities that are performed on the App once successfully logged in using your username and password combination. You agree to immediately notify us of any unauthorized access or use of your Gabay Guro App account or any other breach of security. Without limiting any rights which Gabay Guro App may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the App and your Mobile/ Bro/ Home/ Paymaya accounts linked, including without limitation, suspending or terminating your Gabay Guro App account, asking you to change your password, or requesting additional information to authorize any or all transactions made on the App through your Gabay Guro App Account. Notwithstanding the above, the App may authorize transactions made by anyone who may have accessed your Gabay Guro App account using your registered username and password combination. In no event and under no circumstances shall PLDT, Smart, Sun, TNT, Paymaya and/or DMPI be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of and through the App resulting from any type of access under this provision, (ii) any transaction resulting from any compromise of the confidentiality and security of your Gabay Guro App account username and password combination, and (iii) any unauthorized access to your Gabay Guro App account or use of your password. You may not use the App to transact on another’s behalf, unless you are the subscriber on record of the Mobile/ Bro/ Home/ Paymaya accounts linked.
The security of your personal data and account information is important to us. While there is no such thing as "perfect security" on the App, we will take reasonable steps to help ensure the safety of your personal data and account information. However, you understand and agree that such steps do not guarantee that use of the App is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that the use of our App or any portion of our App is protected from viruses, security threats, and other vulnerabilities.
- Password Reset. As the account user, you are solely responsible for the creation, use, and safekeeping of your password. In case you forget your password, you may reset it by supplying your authorized email address or any of your linked Mobile number and account number. Password reset instructions shall be sent to your email address. When you visit the unique link to reset your password, you will be asked to enter your new password and to retype this new password.
- Account Verification. You shall have a specified period of time as indicated in the verification instruction to verify your account. Verification instructions shall be sent to your email address or mobile number, as may be applicable.
- Log-in and using Gabay Guro App Account. You shall login using your verified username and password.
- Linking your Mobile/ Bro/ Home/ Paymaya accounts to your Gabay Guro App Account. You shall be able to link multiple postpaid and prepaid PLDT, Smart, TNT, Sun, Paymaya accounts to your Gabay Guro App account. You shall be required to verify your ownership of all the Mobile/ Bro/ Home/ Paymaya accounts that you will link to your Gabay Guro App Account. When linking your Mobile/ Bro/ Home/ Paymaya accounts to your Gabay Guro App account, you will be asked to enter the one-time pin that will be sent to your mobile number (for Mobile and Broadband accounts) or to your registered contact email/number (for Home accounts) as an additional security measure.
You must verify your ownership of the Mobile/ Bro/ Home/ Paymaya accounts before we allow them to be linked to your Gabay Guro App account. PLDT, Smart, Sun, TNT, Paymaya and/or DMPI will not be liable for any loss or damages that may ensue, arise, or result from your lack of action or omission to do verification. If a Mobile/ Bro/ Home account has already been linked, that particular Mobile/ Bro/ Home account can no longer be linked by any other user to another Gabay Guro App account. You can unlink a Mobile/ Bro/ Home/ Paymaya account from your Gabay Guro App account at any time. If a Mobile/ Bro/Home/ Paymaya account is delinked successfully, the user shall be informed via email and text messaging.
- Force Majeure. Neither Gabay Guro App nor PLDT, Smart, Sun, TBT, Paymaya and/or DMPI and its advocacy programs shall be responsible for damages, delays, non-performance or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, flood, typhoon, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- DISCLAIMERS. YOUR USE OF THE APP AND ITS SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE APP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WHILE WE TRY OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, GABAY GURO app, PLDT, SMART, SUN, TNT, PAYMAYA AND/OR DMPI DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APP. SOME INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE APP MAY BE OUT OF DATE, AND GABAY GURO APP, PLDT, SMART, SUN, TNT, PAYMAYA AND/OR DMPI DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- LIMITATIONS OF LIABILITY. Gabay Guro App does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your devices, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing the App, or your downloading of any information or materials from the App. We do not guarantee continuous, uninterrupted or secure access to the App or its services, and operation of the App may be interfered with by numerous factors outside of our control. IN NO EVENT WILL GABAY GURO APP, OR ANY OF THE OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS OF PLDT, SMART, AND/OR DMPI, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APP, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, ANY APPS LINKED TO THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE APP SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS APP SERVICE.
- Indemnity. You agree to defend, indemnify and hold Gabay Guro app, PLDT, Smart, Sun, TNT, Paymaya and/or DMPI free and harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with: (a) the use of the App or the Internet or your placement or transmission of any message or information on this App by you (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the Republic of the Philippines or any other country; (e) any claim or damages that arise as a result of any user information that you provide to Gabay Guro app or from any other party's access to and use of the App with your unique username, password or other appropriate security code.
- Release. In the event that you have a dispute with one or more other users of the App, you release Gabay Guro App, PLDT, Smart, Sun, TNT, Paymaya and/or DMPI (and each of our officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Applicable Laws and Venue - The laws of the Philippines will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within the Philippines by its residents. Any action to enforce these Terms and Conditions will be brought exclusively in the Philippine courts in Makati City, and all parties expressly agree to be subject to the jurisdiction of such courts. This App is controlled and operated by HIGHLY SUCCEED from its offices within the Philippines. PLDT and Smart make no representation that the materials or services made available through the App are appropriate or available for use in other locations, and do not guarantee access to them in territories where any of the contents of this App are illegal or prohibited. If you choose to access this App and its services from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
- General. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall continue to be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by PLDT, Smart, Sun, TNT, Paymaya and DMPI in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other user does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 9 (Limitations of Liability), 10 (Indemnity), and 11 (Release) shall survive any termination or expiration of these Terms and Conditions, your access to the App or use of the Services.
- Entire Agreement. These Terms and Conditions are the entire agreement between the user on the one hand and PLDT, Smart, Sun, TNT, Paymaya and/or DMPI on the other and supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please log-off and do not continue accessing the App.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please contact us through the email address provided in the Contact Us Page.
- Copyright Notice. All App design, content, graphics, text selections, arrangements and all software are Copyright © 2020, PLDT Smart Communications Foundation/ Gabay Guro. ALL RIGHTS RESERVED.