We are Anargyroi: FMS Foundation, Inc. (“Company”, “we”, “us”, “our”), a company organized and registered under the laws of the Philippines with office address at Room 118 St. Martin de Porres Building, University of Santo Tomas, Espana, Sampaloc, Manila, National Capital Region 1008.
We operate the website https://www.anargyroifoundation.org/, as well as any other related products and services that refer or link to these terms and conditions (the “Terms and Conditions”) (collectively, the “Site”)
You can contact us by phone at (+63 2) 8553 1611 loc. 8566, email at developmentoffice@anargyroifoundation.org, or by mail to Room 118 St. Martin de Porres Building, University of Santo Tomas, Espana, Sampaloc, Manila, National Capital Region 1008, Philippines.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the Company, concerning your access to and use of the Site. You hereby represent and warrant that by accessing and continuing to access the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. You hereby waive any right to receive specific and personal notice of each such change or modification. For each change or modification, the Company shall update the “Last updated” date of these Terms and Conditions. It is your sole responsibility to periodically review these Terms and Conditions. Your continued use of the Site after the date such revised Terms and Conditions are posted would constitute your express representation and warranty that you have read, understood, and agreed to be bound by the changes or modifications in the Terms and Conditions.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to your using the Site.
The information provided when using the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in and used in our Site, including all source codes, databases, functionalities, software, website designs, audio, video, texts, photographs, and graphics in the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
Your use of our Site
Subject to your compliance with these Terms and Conditions, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
(a) access the Site; and
(b) download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Site, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please address your request to: developmentoffice@anargyroifoundation.org. In the event we grant you the permission to post, reproduce, or publicly display any part of our Site or Content, you must, at all times, observe our intellectual property rights including, but not limited to, identifying us as the owners or licensors of the Site, Content, or Marks and ensuring that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. For the avoidance of doubt, the mere making of a request shall not entitle you to make use of the Site, Content, or Mark under this section. You would only be entitled to such use upon receipt of our written permission. Any subsequent written permission would not constitute as our waiver for any acts done prior to the date of such written permission.
We reserve all rights not expressly granted to you in and to the Site, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and would entitle us to terminate immediately your right to use the Site without notice.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Site to understand the: (a) rights you give us in relation to the use of the Site; and (b) your obligations in posting or uploading any content through the Site.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Site (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You further agree that we shall own the Submissions and be entitled their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions, you:
By using the Site, you represent and warrant that:
(i) you are not under the age of 13;
(ii) you are not a minor in accordance with the law of the jurisdiction where you reside, or if a minor, you have received parental consent and permission to use the Site;
(iii) you have the legal capacity and you agree to comply with these Terms and Conditions;
(iv) you will not access the Site through automated or non-human means such as, but not limited to a bot, script, or otherwise;
(v) you will not use the Site for any illegal or unauthorized purpose;
(vi) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site shall only be used solely for personal, non-commercial use or internal business purpose. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us through a written confirmation.
As a user of the Site, you agree not to:
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. For the avoidance of doubt, violation of any provision above is covered by the Indemnity provision under Item 16 of this Terms and Conditions.
You agree that we may access, store, process, share, and use your Contributions without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). You hereby understand that such Third-Party Websites and Third-Party Content are not investigated, monitored, verified, or checked for accuracy, appropriateness, or completeness by the Company. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites. You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites including, but limited to, damage arising from purchase of products or services from Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor your use of the Site for violations of these Terms and Conditions; (2) in our sole discretion, take appropriate legal action against anyone who violates the law or these Terms and Conditions, including without limitation, to reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting from any of our acts mentioned above.
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON WITH OR WITHOUT CAUSE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS, OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE, IN OUR SOLE DISCRETION, YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING OR PRIOR NOTICE..
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting in our termination of your account.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you or consent from you. You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting from your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions shall governed by and interpreted in accordance with the laws of the Republic of the Philippines. In the event of a dispute arising from these Terms and Conditions, it is hereby agreed that the Company and you irrevocably consent that the courts of the Philippines shall have exclusive jurisdiction to resolve the dispute, subject only to the exception where the suit is brought by the Company in a court of different jurisdiction under Item 12.
You agree to irrevocably submit all disputes related to these Terms and Conditions or the legal relationship established by these Terms and Conditions to the jurisdiction of the Philippine courts. The Company shall likewise maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms and Conditions are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting from the correction of errors.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
including our subsidiaries, affiliates, and all of our respective trustees, officers, agents, partners, and employees against and from all liabilities, third-party claims, damages, losses, and expenses (including legal fees and expenses) arising out of: (1) your use of the Site; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain the information and data that you transmit to the Site, as necessary, for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You hereby irrevocably and unconditionally waive any and all rights or claims against us to claim, seek, or recover any damages, whether direct, indirect, consequential, incidental that is relating to or resulting from any loss or corruption of any such data..
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Any failure or delay on our part to exercise any right, remedy, power, or privilege shall not operate as a waiver thereof. Any waiver must be in writing and signed by our authorized representative. A written waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion.
These Terms and Conditions operate to the fullest extent permissible by law. In any case any one or more of the provisions contained in this Terms and Conditions shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
We may assign any or all of our rights and obligations hereunder to any party at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site.
You agree that these Terms and Conditions will not be construed against us by virtue of having prepared them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Anargyroi: FMS Foundation, Inc.
Room 118 St. Martin de Porres Building, University of Santo Tomas
Espana,Sampaloc, Manila, National Capital Region 1008
Philippines
Phone: (+63 2) 8553 1611 loc. 8566
anargyroifoundation@gmail.com
Anargyroi: FMS Foundation, Inc.(AFI) commits itself to advancing and maintaining academic excellence in medical education for the benefit of the UST-FMS community and future Thomasian doctors.
Photos by UST Fotomasino – The Thomasian Photographers’ Guild
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