[UPDATED: 6th August 2019]
As an instructor, you are contracting directly with WahEasy.com (a web platform in the Malaysia) and its assets (mobile app and more).
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before signing-up as an instructor (“Teacher”, “Tutor”) on website (the “Service”) operated by WahEasy.com (“us”, “we”, or “our”).
1. Instructor Obligations
As an instructor, you are responsible for all Intellectual property of the content that you post, including lectures, quizzes, exercises, videos, 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;
- 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 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 libelous 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 WahEasy.com resources, including support services.
2. License to WahEasy.com
You grant WahEasy.com the rights 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.
You have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, WahEasy.com’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) WahEasy.com’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 WahEasy.com 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 WahEasy.com’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
You agree to abide by WahEasy.com’s policies and other course quality standards or policies prescribed by WahEasy.com from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to WahEasy.com’s approval, which we may grant or deny at our sole discretion.
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:
- a course falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behavior that might reflect unfavorably on WahEasy.com or bring WahEasy.com into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates WahEasy.com’s policies; or
- as determined by WahEasy.com 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 WahEasy.com platform, and that you won’t solicit additional personal data or store students’ personal data outside the WahEasy.com platform. You will indemnify WahEasy.com against any claims arising from your use of students’ personal data.
4.1 Price Setting
When creating a course, you will be liaising with WahEasy.com to determine pricing together. You are prompted to select a base price for your course. You will also allow us your permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. We require these to successfully create promotional materials. You understand that you will not receive compensation in these cases.
5.1 Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by WahEasy.com from the student (“Gross Amount“). From this, we subtract any Transaction Fees & Taxes, any mobile platform fees applied to mobile application sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
Your revenue share will depend on actual case-to-case negotiation less any applicable deductions, such as student refunds. If we change payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
WahEasy.com makes all instructor payments in Malaysian Ringgit (MYR).
5.2 Receiving Payments
For us to pay you in a timely manner, you must own a local bank account in good standing and must keep us informed of the correct bank details associated with your account. 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 we receive the fee for a course. Unless agreed otherwise.
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 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. Deleting Your Account
You can delete your instructor account any time by liaising with our sales team. 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.
7. Miscellaneous Terms
7.1 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 Waheasy.com 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.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to WahEasy.com), 3.2 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 6 (Deleting Your Account), and 7 (Miscellaneous Terms).
By signing-up as an instructor, you confirm that you have read and understand the above and agree to be bound by it.