Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on ExamSimul's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on ExamSimul's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by ExamSimul at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on ExamSimul's web site are provided 'as is'. ExamSimul makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ExamSimul does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall ExamSimul or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ExamSimul's Internet site, even if ExamSimul authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on ExamSimul's web site could include technical, typographical, or photographic errors. ExamSimul does not warrant that any of the materials on its web site are accurate, complete, or current. ExamSimul may make changes to the materials contained on its web site at any time without notice. ExamSimul does not, however, make any commitment to update the materials.
ExamSimul has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ExamSimul of the site. Use of any such linked web site is at the user's own risk.
8. Author Terms & Conditions
a. Key Definitions
"List Price" means the list price that may be negotiated between Author and ExamSimul but set by ExamSimul.
"Currency" is the EURO which is the only valid currency across the site.
"Author Fee" shall mean Net Amount less any refunds paid to Author.
"Amount Charged" means the amount actually received by ExamSimul for purchases by Students for Your Course.
"Amount Refunded" means refunded amount back to student.
"Affiliate Fee" means the amount that will be paid to our affiliate partners including ExamSimul's own Ad Program.
"Credit Card Fee" means the transaction processing fee charged by Teachable (our SaaS CMS provider)
"Teachable Fixed Fee" means the fee that is charged by Teachable if our paid plan is lower than a certain level.
"Teachable Transaction Fee" means the fund distribution & management fee charged by Teachable (our SaaS CMS provider)
"School Earning" means the net amount that remains to ExamSimul.
As an Author You are contracting directly with ExamSimul.
c. Your Relationship with Students
As an Author at ExamSimul, you do not have a direct contractual relationship with any student. You may receive information about students such as email, name, surname, signup source etc. if they enroll in your courses. You understand and agree that You will indemnify ExamSimul for any issues arising out of Your use of any Student Related Data.
As an Author at ExamSimul, You represent, warrant, and covenant that:
- You will visit ExamSimul, sign up, and ExamSimul will set your profile as "Author" which will enable you to upload your video lectures, course material etc.
- You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize ExamSimul, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Author Terms;
- Your submitted content must not infringe or must not be misappropriate any intellectual property right of a third party;
- You have the required competence, skills, knowledge, licences and certifications to deliver your courses.
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
- You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require ExamSimul to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Author Terms;
- You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
- You will not impersonate another person or gain unauthorized access to another person's Account;
- Your use of the Services are subject to Master of Project Academy's approval, which We may grant or deny in Our sole discretion;
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
- You will not interfere with or otherwise prevent other Authors from providing their services or Courses;
- You will maintain accurate Account information;
- You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
- You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Author Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
e. License to ExamSimul
You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Master of Project Academy permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
f. Restricted Persons We Cannot Do Business With
You hereby warrant that You are not a Restricted Person ("Restricted Person"). For purposes of the Author Terms, You are a Restricted Person if You or any officer, director, or controlling shareholder of the entity on behalf of which You are using the Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If You become a Restricted Person during the term of these Author Terms, You shall notify ExamSimul within twenty-four (24) hours, and ExamSimul shall have the right to terminate any further obligations to You, effective immediately and with no further liability to You, but without prejudice to Your outstanding obligations to ExamSimul.
You agree that You shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
As an Author, You will be working with ExamSimul for determining the List Prices You charge Students for Your Course(s). ExamSimul will set the final prices of your course after discussions with you. You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). ExamSimul will handle billing and other fee interaction with Students. ExamSimul reserves the right to make changes to the List Prices of courses at any time.
As part of Your participation on ExamSimul, You give Us permission to share Your Course, and information about You and the Course with ExamSimul employees and selected partners, for which You will not receive compensation.
ExamSimul offers certain programs that can help you market your Courses (“Promotion Activities”). Promotion Activities may include, but are not limited to, fixed price promotion, percentage discount promotion, fixed amount promotion. As a ExamSimul author, you are participated in ExamSimul's "Promotion Activities" automatically. When ExamSimul will run a promotion activity, your course(s) may be involved in promotion activities without getting any permission from You.
You acknowledge that the amounts paid by Students for Courses sold through Promotion Activities are not fixed, and ExamSimul has the sole discretion to determine those amounts and which Courses to offer as part of such Promotion Activities. Further, ExamSimul does not guarantee any minimum level of success in connection with the Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You.
In case you need any coupon code for your course(s) you can mail at info@ExamSimul.com at any time and out support team will be providing your coupons to you for your own marketing or promotion activities.
We will pay You the agreed percentage of the earnings left after refunds, affiliate fees, credit card fees, teachable fixed fees and teachable transaction fees for Your Course. If ExamSimul changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.
So that ExamSimul can pay you in a timely manner, you must have a PayPal account in good standing and keep ExamSimul apprised as to the correct email address associated with your PayPal account. Payment will be made within forty-five (50) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.
As an author, you are responsible for determining whether you are eligible to be paid by a EU company.
As an author, you acknowledge and agree that Students have the right to receive a refund (vouchers cannot be refunded), as set forth in ExamSimul's 1 (one) day money back guarantee policy. Neither authors nor ExamSimul shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after ExamSimul has sent an Author payment for that Course, ExamSimul reserves the right to either
(1) deduct the amount of such refund from the next payment to be sent to that Author, or
(2) require that Author to refund any amounts refunded to Students for Author's Course to the extent no additional payments are due from ExamSimul to Author such payments due to the Author are insufficient to cover the amounts refunded to Students.
You understand and agree that You are responsible for any taxes on Your income. With regard to sales tax on the sale of Your Courses, the following applies:
1. European Union
In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, ExamSimul will collect and remit the VAT with the help of Teachable (our SaaS for CMS) to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. ExamSimul may at its Own discretion increase the List Prices where ExamSimul is of the view that VAT may be due and ExamSimul will have a liability to account for such. You will indemnify and hold ExamSimul harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Author Fee or otherwise.
2. All Other Countries
For sales of any Courses or Submitted Content in countries other than the European Union, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Courses (which may be different to the tax authority in Your own location). ExamSimul is unable to provide You with tax advice and You should consult Your own tax advisor.
k. Account Removal
If You wish to remove Your Author Account, please email at info@ExamSimul.com and we will remove your account. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to removing Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s).
9. Governing Law
Any claim relating to ExamSimul's web site shall be governed by the laws of the State of Italy without regard to its conflict of law provisions.