Legal

Instructor Terms

These Instructor Terms were last updated June 2, 2020

When you sign up to become an instructor on the VideoLearn platform, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the VideoLearn platform relevant to instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an instructor, you are contracting directly with VideoLearn (a website by TechnoDezi Pty (LTD)), regardless of whether another VideoLearn subsidiary facilitates payments to you.

  1. Instructor Obligations

    As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content").

    You represent and warrant that:

    • you will provide and maintain accurate account information;
    • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize VideoLearn to use your Submitted Content as specified in these Terms and the Terms of Use;
    • your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
    • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
    • you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
    • You warrant that you will not:
    • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
    • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
    • use the Services for business other than providing tutoring, teaching, and instructional services to students;
    • 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 the Services (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 instructors from providing their services or courses; or
    • abuse VideoLearn resources, including support services.
  2. License to VideoLearn

    You grant VideoLearn the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

    Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, VideoLearn's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) VideoLearn's right to use such Submitted Content for marketing purposes shall survive termination.

    We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant VideoLearn permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or VideoLearn's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

  3. Trust & Safety
    3.1 Trust & Safety Policies

    We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

    • an instructor or course does not comply with our policies or legal terms (including the Terms of Use);
    • a course falls below our quality standards or has a negative impact on the student experience;
    • an instructor engages in behaviour that might reflect unfavourably on VideoLearn or bring VideoLearn into public disrepute, contempt, scandal, or ridicule;
    • an instructor engages the services of a marketer or other business partner who violates VideoLearn's policies; or
    • as determined by VideoLearn in its sole discretion.
    3.2 Relationship to Other Users

    Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the VideoLearn platform, and that you won't solicit additional personal data or store students' personal data outside the VideoLearn platform. You will indemnify VideoLearn against any claims arising from your use of students' personal data.

    3.3 Anti-Piracy Efforts

    We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint VideoLearn and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant VideoLearn and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

    You agree that VideoLearn and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to videolearn@technodezi.co.za with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.

  4. Pricing
    4.1 Transaction Taxes

    If a student purchases a product or service in a country that requires VideoLearn to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we 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. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play).

  5. Payments
    5.1 Revenue Share

    If you have not opted into any of VideoLearn's optional Promotional Programs, your revenue share will be 85% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.

    VideoLearn makes all instructor payments in South African Rand (ZAR) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in ZAR).

    5.2 Receiving Payments

    For us to pay you in a timely manner, you must own a South African bank account and must keep us informed of the correct bank account details. 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 48 hours after requesting a payout from VideoLearn. Payment to virious banks could take a while and we cannot guarantee same day payouts.

    As an instructor, you are responsible for determining whether you are eligible to be paid by a South African 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.

    5.3 Refunds

    You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

    If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's courses.

  6. Trademarks

    While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.

    You must:

    • 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 VideoLearn courses or your participation on VideoLearn; 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 courses 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.
  7. Deleting Your Account

    Delete your instructor account by sending an email to videolearn@technodezi.co.za. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted.

  8. Miscellaneous Legal Terms
    8.1 Updating These Terms

    From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and VideoLearn 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.

    8.2 Translations

    Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

    8.3 Relationship Between Us

    You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

    8.4 Survival

    The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to VideoLearn), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).

  9. How to Contact Us

    The best way to get in touch with us is to contact our Support Team. We'd love to hear your questions, concerns, and feedback about our Services.