Policies and agreements | SIMS

1. Introduction

These Terms of Use (“Terms”) govern the access to and use of Southern Institute of Maritime Studies Inc. online maritime learning platform (the “Platform”) by all users, including enrolled Trainees, Instructors, Assessors, IT Administrators, and other authorized personnel. Southern Institute of Maritime Studies Inc.  is a Maritime Training Institution whose programs comply with the Maritime Industry Authority (MARINA) Circular No. SC-2021-10 (Revised Guidelines on Seafarers’ Distance Learning and E-Learning) Southern Institute of Maritime Studies Inc. also adheres to the Philippines’ Data Privacy Act of 2012 (Republic Act 10173) in handling personal data. By using the Platform, you agree to these Terms and to all referenced policies and laws. Southern Institute of Maritime Studies Inc.  reserves the right to update these Terms at any time; continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

2. Definitions

• Trainee – an individual officially enrolled in a Southern Institute of Maritime Studies Inc. course, accessing the Platform for learning.
• Instructor – a qualified trainer or educator assigned to teach course material via the Platform.
• Assessor – a qualified person responsible for conducting evaluations, exams, and assessments of Trainees.
• IT Administrator – a person authorized by Southern Institute of Maritime Studies Inc.  to manage, configure, and maintain the Platform and user accounts.

These roles may overlap (e.g. an Instructor may also serve as Assessor), but each user must use only their own assigned account and privileges.

3. Account Registration and Security

Each user must register for an individual account using accurate, truthful personal information. Accounts are for the registered user’s sole use: you may not create or use multiple accounts without permission, nor share your login credentials with anyone. The password and any authentication devices are your personal responsibility. You must keep them confidential and use strong, unique passwords that you change regularly. Under the Data Privacy Act, your account information and activities are considered personal data and will be protected with reasonable organizational, technical, and physical safeguards. You must promptly notify Southern Institute of Maritime Studies Inc. support (or IT Administrator) if you suspect any unauthorized access or security breach involving your account. Southern Institute of Maritime Studies Inc.  may terminate or suspend accounts if registration information is false, if credentials are compromised, or if policies are violated.

4. Permitted and Prohibited Use

Users may use the Platform only to participate in Southern Institute of Maritime Studies Inc. -approved courses and related educational activities, in accordance with these Terms and all applicable laws. Any commercial or unauthorized use of the Platform or its contents is strictly prohibited. 

• Permitted Uses: Access and view course materials, participate in discussions, submit assignments and assessments, communicate with Instructors and peers, and otherwise engage in approved course activities. You may use content (videos, readings, slides) for your personal learning in the course.
• Prohibited Uses: It is forbidden to engage in cheating, plagiarism, or any academic dishonesty. You may not share your account or take assessments for someone else, nor assist others in cheating. Copying, distributing, or publishing course materials outside the Platform without written permission is prohibited. Tampering with course content, hacking, reverse-engineering the Platform, or using bots/automated scripts is forbidden. Do not post or transmit any unlawful, defamatory, or obscene content, or any material that violates intellectual property rights of Southern Institute of Maritime Studies Inc.  or third parties. Instructors and Assessors must not use trainee information or exam materials outside the scope of instruction and assessment. Any violation may result in disciplinary action, including suspension, expulsion from the course, or legal action.

5. Intellectual Property and Licensing

All course content, materials, software, and documentation on the Platform are owned or licensed by Southern Institute of Maritime Studies Inc.  and protected by Philippine and international intellectual property laws. Southern Institute of Maritime Studies Inc.  grants each user a limited, personal, non-exclusive, revocable license to access the Platform and use the content solely for learning or teaching as part of Southern Institute of Maritime Studies Inc.  courses.  This license does not transfer any ownership rights; you acknowledge that you receive no other rights in the content or software. You may not copy, modify, distribute, republish, or create derivative works from the Platform’s proprietary content except as expressly permitted in writing. Trainees retain ownership of content they themselves create (such as forum posts or assignments), but by submitting it to the Platform, they grant Southern Institute of Maritime Studies Inc.  a license to use, reproduce, and distribute that “User Content” for educational purposes. Southern Institute of Maritime Studies Inc.  may remove or disable content that infringes others’ IP rights or violates these Terms.  

6. Confidentiality

Each user must maintain the confidentiality of any sensitive information accessed through the Platform. This includes other users’ personal data, non-public course materials (such as exam questions or instructor notes), and any private communications or data. Southern Institute of Maritime Studies Inc. will keep user personal information confidential and secure as required by law, and we expect all users to do the same. No user may disclose or share confidential data without proper authorization. Any unauthorized disclosure of confidential information – for example, revealing exam answers or private trainee evaluations – is a serious breach of policy and may result in immediate suspension or termination of access and possible legal action.

7. Assessment and Examination Conduct

Assessment rules are strictly enforced to preserve academic integrity. All quizzes, exams, and graded activities must be taken honestly and only with permitted aids. During assessments, no unauthorized resources or collaboration is allowed, and all answers must be your own. Southern Institute of Maritime Studies Inc.  prescribes clear conditions for examinations and implements invigilation procedures to prevent cheating. Instructors and Assessors will use randomized question banks and secure timelines; Trainees must strictly adhere to all instructions (e.g. no sharing of questions or answers). Any instance of cheating, such as copying, using unapproved materials, impersonation, or facilitating another’s dishonesty, may lead to a zero score, course failure, or further sanctions in accordance with Southern Institute of Maritime Studies Inc.'s academic integrity policies.

8. Monitoring and Proctoring Tools

To ensure compliance during online assessments, Southern Institute of Maritime Studies Inc. may employ monitoring and proctoring technologies. For example, the Platform may require a live or automated proctor (webcam, audio monitoring, screen capture) during quizzes and exams. The system may record exam sessions and log activity (such as keystrokes or IP address). MARINA guidelines permit geo-fencing/geolocation during formative assessments to verify that Trainees are taking exams in authorized locations. By using the Platform, you consent to such monitoring. Any attempt to disable or obstruct these monitoring tools is prohibited and may be considered a breach of exam conduct rules.

9. Electronic Transactions and Signatures

The Southern Institute of Maritime Studies Inc. may conduct official transactions (enrollments, exam results, certificates, and consent to policies) electronically through the Platform. In accordance with the Philippines’ Electronic Commerce Act (RA 8792), all electronic records and signatures shall have the same legal effect as paper documents. Thus, clicking “I accept,” entering a PIN, submitting coursework online, or any other electronic act indicating your assent to these Terms or any digital agreement is fully binding. You acknowledge that digital acceptance, notices, and communications are valid and enforceable.

10. Data Processing and Privacy Rights

Southern Institute of Maritime Studies Inc.  is a “Personal Information Controller” under RA 10173. We collect and process personal information (e.g. name, contact, educational records) needed for course delivery and administration. Processing of your personal data is done lawfully (with your consent and for compliance with our contract) and in accordance with principles of RA 10173. Personal data are used only for declared purposes (course enrollment, certification, progress tracking, reporting to authorities, and similar legitimate academic needs). The Southern Institute of Maritime Studies Inc. will implement reasonable and appropriate technical and organizational measures to safeguard your data and shall not disclose it without your consent, except as required by law or MARINA regulations.

You have the rights guaranteed by RA 10173. In particular, you can request information on what personal data we hold and how we use it, and to obtain a copy of your data in a common format. You may request correction of inaccurate or outdated information, or request deletion/withdrawal of data that is unlawfully processed or no longer necessary. Upon such a request, the Southern Institute of Maritime Studies Inc. will act promptly in accordance with applicable legal requirements. If you believe your data privacy rights have been violated, you may file a complaint with the National Privacy Commission or seek legal remedies. Southern Institute of Maritime Studies Inc. full Privacy Notice provides additional detail on data collection, retention, and your rights under the law.

11. Suspension, Deactivation, and Data Retention

Southern Institute of Maritime Studies Inc.  reserves the right to suspend or deactivate any user account or access privileges if the user breaches these Terms or applicable policies. For example, violations of academic or IT policies may result in temporary suspension pending review, or permanent deactivation for serious misconduct. In addition, inactive accounts (e.g. Trainees who have completed or failed to re-enroll) may be automatically terminated after a specified period (commonly 1 year of inactivity) as part of our policy. Upon termination or expiry of an account, Southern Institute of Maritime Studies Inc.  will retain personal and academic records only as long as required by law or legitimate purposes. After the retention period, data will be securely deleted or anonymized. 

12. Limitation of Liability

To the maximum extent permitted by law, Southern Institute of Maritime Studies Inc.  and its officers, employees, affiliates and licensors shall not be liable for any indirect, incidental, special or consequential damages arising out of or related to your use of the Platform. Southern Institute of Maritime Studies Inc.  makes no warranties that the Platform will be error-free or uninterrupted. We are not responsible for third-party content or external links accessed through the Platform. If Southern Institute of Maritime Studies Inc.  is found liable, our total aggregate liability will not exceed any fees paid by you for the affected service. This limitation applies to all causes of action, even if Southern Institute of Maritime Studies Inc.  has been advised of potential damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Southern Institute of Maritime Studies Inc. , its officers, employees and agents from any claims, losses, liabilities, damages, costs or expenses (including attorneys’ fees) arising from or related to: (a) your violation of these Terms or any law; (b) your violation of any third-party rights (including privacy or intellectual property); or (c) your use or misuse of the Platform. This obligation survives termination of your access.

14. Governing Law and Dispute Resolution

The laws of the Republic of the Philippines govern these Terms. Any dispute arising in connection with these Terms, the Platform or its content shall be subject to the personal and exclusive jurisdiction of the Philippine courts. By agreeing to these Terms, you consent that all claims shall be resolved in the courts located in the Philippines. (Southern Institute of Maritime Studies Inc.  may choose, in its discretion, to invoke arbitration or other dispute resolution mechanisms where permitted by law.)

15. General Provisions

Southern Institute of Maritime Studies Inc.  may amend these Terms at any time by posting a revised version on the Platform. It is your responsibility to review the Terms periodically. Your continued access to or use of the Platform after any changes are posted constitutes acceptance of those changes. If any provision of these Terms is found unenforceable, it will be reformed only to the extent necessary and the remaining provisions will remain in full force. Failure of Southern Institute of Maritime Studies Inc.  to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.