Educator Terms & ConditionsJuly 26, 2021 2021-08-30 17:28
Educator Terms & Conditions
THIS IS AN AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND EDUONDEMAND.ASIA, A COMPANY LOCATED IN SELANGOR, MALAYSIA. WHEN YOU SGIN UP TO BECOME AN EDUCATOR ON EDUONDEMAND.ASIA PLATFORM, YOU HAVE AGREED TO ABIDE BY THESE EDUCATOR T&C. THESE TERMS COVERED THE DETAILS OF EDUONDEMAND.ASIA PLATFORM RELATED TO EDUCATOR WHICH THESE TERMS WILL GOVERN THE USE OF OUR SERVICES.
As an educator, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements on our EduOnDemand.asia platform.
You are obliged to:
- Provide and maintain accurate account information;
- Own or have the necessary licenses, rights, consents, permissions, and authority to authorize EduOnDemand.asia to use your content;
- Make sure that your content provided in EduOnDemand.asia will not infringe or misappropriate any third party’s intellectual property rights;
- Have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offered; through; and
- Ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You will not:
- Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory content or information on EduOnDemand.asia;
- Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through EduOnDemand.asia or to any user;
- Use EduOnDemand.asia for business other than providing tutoring, teaching, and instructional services to learners;
- Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- Frame or embed EduOnDemand.asia (such as to embed a free version of a course) or otherwise circumvent the Services;
- Impersonate another person or gain unauthorized access to another person’s account;
- Interfere with or otherwise prevent other educators from providing their services or content; or abuse EduOnDemand.asia resources, including support services.
You grant EduOnDemand.asia the rights to offer, market, and otherwise exploit your content. This includes the right to add captions or otherwise modify your content to ensure accessibility. You also authorize EduOnDemand.asia to sublicense these rights to your content to third parties, including to learners directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.
EduOnDemand.asia may record and use all or any part of your content for quality control and for delivering, marketing, promoting, demonstrating, or operating the EduOnDemand.asia. You grant EduOnDemand.asia permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling EduOnDemand.asia, your content, or EduOnDemand.asia ‘s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
EduOnDemand.asia reserve the right to remove content, suspend pay outs, and/or ban educators for any reason at any time, without prior notice, including in cases where:
- an educator or content does not comply with our policies or legal terms;
- content falls below our quality standards or has a negative impact on the student experience;
- an educator engages in behaviour that might reflect unfavourably on EduOnDemand.asia;
- an educator engages the services of a marketer or other business partner who violates EduOnDemand.asia policies;
- an educator uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates EduOnDemand.asia ‘s policies; or
- as determined by EduOnDemand.asia in its sole discretion.
4.1 Price Setting
When creating content available for purchase on EduOnDemand.asia, you will be prompted to select a base price (“Base Price“) for your content from a list of available price tiers. Alternatively, you may choose to offer your content for free. As a senior educator, you will also be given the opportunity to participate in certain promotional programs for EduOnDemand.asia.
You also give us permission to share your content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your content. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a learner purchases a product or service in a country that requires EduOnDemand.asia to remit national, state, or local sales or use taxes, EduOnDemand.asia will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
5.1 Revenue Share between Educator and EduOnDemand.asia
When a learner purchases your content, we calculate the gross amount of the sale as the amount actually received by EduOnDemand.asia from the learner (“Gross Amount“). From this, we subtract any Transaction Taxes, or any mobile platform fees applied to mobile provider checkout sales and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
EduOnDemand.asia makes all educators payments in Malaysian Ringgit (RM) regardless of the currency with which the sale was made. EduOnDemand.asia is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in RM).
5.2 Mode of Payments
For us to pay you on time, you must own a PayPal or a legitimate bank account and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 30 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an educator, you are responsible for determining whether you are eligible to be paid by a Malaysian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a learner asks for a refund after we have paid the relevant educator payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the educator or (2) where no further payments are due to the educator or the payments are insufficient to cover the refunded amounts, require the educator to refund any amounts refunded to learners for the educator’s content.
While you are a published educator and subject to the requirements below, you may use our EduOnDemand.asia trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- only use our trademarks in connection with the promotion and sale of your Submitted Content available on EduOnDemand.asia; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your content or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
If you wish to delete your educator account, please proceed to do so. EduOnDemand.asia will use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if learners have previously enrolled in your content posted, your name and that content may remain accessible to those learners after your account is deleted. If you need help or encounter difficulty deleting your account, you can email us at email@example.com.
From time to time, EduOnDemand.asia may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features). EduOnDemand.asia reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Thank you for registering yourself as EduOnDemand.asia Educator. Hence, we need your consent to hereby release, waive, forever discharge and covenant not to sue EduOnDemand.asia in the future.
You hereby hold harmless and release and forever discharge EduOnDemand.asia from all claims, demands and causes of action as EduOnDemand.asia Educator, your heirs, representatives, executors, administrators or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization as you, Educator of EduOnDeman.asia am posting your contents on EduOnDemand.asia at your own free wills and your descendants or beneficiaries did not have the rights to claim towards EduOnDemand.asia in the later days or when you passed away.
You acknowledge, understood and agreed that this waiver of liability and indemnity agreement is made in complete satisfaction the causes of action, claims and demands mentioned herein and understand that you are giving up substantial rights, including your right to sue; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be understood and applied by you, as EduOnDemand.asia Educator and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of Selangor and Malaysia and unconditional release of all liability to the greatest extent allowed by law.