These Instructor Terms were last updated May 15, 2022.
You agree to these Instructor Terms when you sign up to become an instructor on the GMAX Learn platform (“Terms”). These Terms provide information regarding the GMAX Learn platform that is relevant to teachers and are incorporated by reference into our Terms of Use, which govern your use of our Services. Any capitalized terms not defined in these Terms will be defined according to the Terms of Use.
As an instructor, you are contracting directly with GMAX regardless of whether another GMAX subsidiary facilitates payments to you.
1. Instructor Obligations
Lectures, quizzes, coding exercises, practice exams, assignments, resources, answers, course landing page material, labs, assessments, and announcements are all your responsibility as an instructor (“Submitted Content”).
You represent and warrant that:
- You will give and keep correct account information;
- You hold or have the relevant licenses, rights, consents, permissions, and authorization to allow GMAX Learn to use your Submitted Content in accordance with these Terms and the Terms of Use;
- Your Submitted Content will not infringe on or misappropriate the intellectual property rights of any third parties;
- You have the necessary qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and provide the services that you provide through your Submitted Content and use of the Services; and you will provide a level of service that meets the industry’s and instruction services’ standards in general.
You warrant that you will not:
- post or give any content or information that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, inaccurate, infringing, defamatory, or libelous;
- through the Services or to any user, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other kind of solicitation (commercial or otherwise);
- utilize the Services for purposes other than providing students with tutoring, teaching, or instructional services;
- engage in any activity that would necessitate obtaining licenses from third parties or paying royalties to them, such as paying royalties for the public performance of a musical piece or sound recording;
- pretend to be someone else or get unauthorized access to someone else’s account;
- interfere with or otherwise obstruct the delivery of services or material by other instructors; or
- frame or embed the Services (for example, to embed a free version of a course) or circumvent the Services in any other way;
- abuse resources of GMAX Learn, including assistance
2. License to GMAX E-Learning
You allow GMAX Learn the rights to offer, market, and otherwise use your Submitted Content as set forth in the Terms of Use. This includes the ability to add subtitles to Submitted Content or otherwise edit it to make it more accessible. You also provide GMAX Learn permission to sublicense these rights to your Submitted Content to other parties, including students directly and through resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.
You have the right to delete all or any portion of your Submitted Content from the Services at any time, unless otherwise agreed. GMAX Learn’s right to sublicense the rights in this section to new users will expire 60 days after the Submitted Content is removed, unless otherwise agreed. However, (1) student rights granted prior to the removal of Submitted Content will continue in line with the terms of such licenses (including any lifetime access grants), and (2) GMAX Learn’s right to use such Submitted Content for marketing reasons will survive termination.
For quality control and to supply, sell, promote, demonstrate, or operate the Services, we may record and use all or part of your Submitted Content. To the extent permitted by applicable law, you grant GMAX Learn 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 GMAX Learn content, and you waive any privacy, publicity, or other similar rights.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to follow GMAX Learn’s Trust & Safety policies, as well as any other content quality standards or policies that GMAX Learn may establish from time to time. You should review these policies on a regular basis to ensure that you are following any changes. You acknowledge that your usage of the Services is contingent on GMAX Learn’s approval which we reserve the right to give or deny at our sole discretion.
We reserve the right to remove content, suspend rewards, and/or prohibit instructors at any time and without warning for any reason, including if:
- Our policies or legal terms (including the Terms of Use) are broken by an instructor or content.
- content that does not meet our quality standards or has a detrimental influence on the learning experience of students;
- an instructor acts in a way that could harm GMAX Learn or bring it into public discredit, scorn, scandal, or ridicule;
- an instructor hires a marketer or other commercial partner who is in violation of GMAX Learn’s policies;
- an instructor engages in unfair competition by using the Services, such as by promoting their off-site company in a manner that is inconsistent with GMAX Learn’s policies; or as decided by GMAX Learn in its sole discretion.
3.2 Relationship to Other Users
Because instructors do not have a direct contractual relationship with students, the only information you’ll get about them comes from the Services. You promise not to use the data you receive for any reason other than providing your services to those students on the GMAX Learn platform, and that you will not collect more personal data from students or keep their personal data outside of the GMAX Learn platform. You promise to hold GMAX Learn harmless from any lawsuits related to your use of students’ personal information.
3.3 Anti-Piracy Efforts
To assist safeguard your content from unlawful use, we work with anti-piracy suppliers. You hereby appoint GMAX Learn and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, including through notice and takedown processes (under applicable copyright laws such as the Digital Millennium Copyright Act) and other efforts to enforce those rights. You authorize GMAX Learn and our anti-piracy vendors to file notices on your behalf to protect your copyright interests.
You agree that GMAX Learn and our anti-piracy providers will maintain the above rights unless you withdraw them by sending an email to suppport@gmaxent.com from the email address connected with your account with the subject line “Revoke Anti-Piracy Protection Rights.”
4. Pricing
4.1 Price Setting
You will be invited to choose a base price (“Base Pricing”) for your Submitted Content from a selection of possible price tiers when creating Submitted Content available for purchase on GMAX Learn. Alternatively, you can make your Submitted Content available for free. Under the provisions of our Promotions Policy, as a premium instructor, you will be eligible to participate in some promotional activities (“Promotional Programs”).
We will list your Submitted Content for the Base Price or the closest local or mobile app equivalent if you do not decide to participate in any Promotional Programs (as detailed below). We may set a different discounted or list pricing for your Submitted Content if you choose to participate in a Promotional Program.
You grant us permission to share your Submitted Content for free with our employees, select partners, and in the event that we need to restore access to accounts that have previously purchased your Submitted Content. You are aware that you will not be compensated in these circumstances.
4.3 Promotional Programs
As mentioned in our Promotions Policy, GMAX Learn offers many optional marketing programs (Promotional Programs) in which you can choose to join. These solutions can help you enhance your GMAX Learn revenue potential by determining the best price point for your Submitted Content and offering it through subscription collections.
Participation in these programs is free, and you can alter your participation status at any time; however, changes you make will not apply to already active campaigns, and certain programs may have extra termination criteria.
5. Payments
5.1 Revenue Share
We compute the gross amount of the sale as the amount actually collected by GMAX Learn from the student when a student purchases your Submitted Content (“Gross Amount”). From this, we subtract any Transaction Taxes, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
If you have not chosen to participate in any of GMAX Learn’s Promotional Programs, your revenue share will be 50% of the Net Amount, less any relevant deductions such as student refunds. If we change this payment rate, we’ll let you know by sending you an email or putting a notice on our Services.
Regardless of the currency in which the sale was made, GMAX Learn pays all instructors in NGN (save for some countries, which pay in USD). GMAX Learn is not liable for any foreign currency translation costs, wire transfer fees, or other processing fees you may pay.
5.2 Receiving Payments
You must have a Nigerian Bank Account or PayPal, in good standing and keep us updated of the details or right email linked with your account in order for us to pay you on time. You may also be asked to supply any identifying information required for payment of amounts owed, and you agree to allow us to deduct relevant taxes from your payments. If we do not receive sufficient identifying information from you, we reserve the right to withhold payments or apply additional penalties. You understand and agree that any taxes due on your earnings are ultimately your responsibility.
We reserve the right not to pay out monies if fraud, intellectual property rights infringement, or other legal violations are discovered.
5.3 Refunds
You accept and agree that, as stated in the Terms of Use, students have the right to a refund. Instructors will not be compensated for transactions for which a refund has been given in accordance with the Terms of Use.
If a student requests 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) require the instructor to refund any amounts refunded to students for the instructor’s Submitted Content if no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts.
6. Trademarks
You may use our trademarks when we authorize you to do so while you are a published instructor and according to the restrictions below.
You must:
- Only use the pictures of our trademarks that we provide, as outlined in any rules we may issue;
- Only use our trademarks in connection with the advertising and sale of your Submitted Content available on GMAX Learn or your participation in GMAX Learn;
- and promptly stop using them if we ask you to.
You must not:
- utilize our trademarks in a derogatory or deceptive manner;
- imply that we promote, sponsor, or approve of your Submitted Content or services by using our trademarks; or
- use our trademarks in a way that is illegal or in connection with a topic or substance that is obscene, indecent, or illegal.
7. Deleting Your Account
You have the liberty, to any time reach out to us to delete your account. Before we delete your account, we’ll make commercially reasonable efforts to make any remaining scheduled payments owed to you. If students have already enrolled in your Submitted Content, you acknowledge that your name and Submitted Content may be accessible to those students after your account is removed. If you need assistance or are having trouble deactivating your account, you can can contact us via our support center at support@gmaxent.com
8. Miscellaneous Legal Terms
8.1 Updating These Terms
We may alter these Terms from time to time to explain our practices or to reflect new or different practices (for example, when we add new features), and GMAX E-Learning maintains the right to modify and/or change these Terms at any time in its sole discretion. If we make a major change, we will notify you by email to the email address indicated in your account or by posting a notice on our Services. Unless otherwise specified, changes will take effect the day they are posted.
Continued use of our Services after the changes take effect means you agree to the changes. All prior Terms will be superseded by any amended Terms.
8.2 Translations
Any version of these Terms written in a language other than English might be given for your convenience, and you understand and agree that if there is a conflict, the English language will take precedence.
8.3 Relationship Between Us
We agree that we do not have a joint venture, partnership, employment, contractor, or agency relationship.
8.4 Survival
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to GMAX Learn), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
9. How to Contact Us
Contacting our Support Team is the best approach to get in touch with us. Your questions, complaints, and criticism on our Services are welcome.