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Terms & Conditions

Terms of Use

These Terms of Use (“Terms”) were last updated on August 10, 2020.

Vlearny’s mission is to improve lives through learning. We enable anyone anywhere to create and share educational courses (instructors) and to enrol in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the Vlearny website, the Vlearny mobile applications, our TV applications, our APIs and other related services (“Services”).

If you publish a course on the Vlearny platform, you must also agree to the Instructor Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using Vlearny as part of your employer’s Vlearny For Enterprise learning and development program, you can consult our Vlearny for Enterprise Privacy Statement.

  1. Accounts

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use Vlearny.

You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Vlearny will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Students and instructors must be at least 18 years of age to create an account on Vlearny and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enrol in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Vlearny account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Instructor Terms, you may be requested to verify your identity before you are authorized to submit a course for publication on Vlearny.

You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.

  1. Course Enrolment and Lifetime Access (for active accounts only)

When you enrol in a course, you have active account, active membership, you get a license from us to view it via the Vlearny Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.

Under our Instructor Terms, when instructors publish a course on Vlearny, they grant Vlearny a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from Vlearny to view the course via the Vlearny platform and Services, and Vlearny is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, Vlearny grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Vlearny authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enrol in a course (for active accounts only). However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our policies. The lifetime access is not applicable to subscription and /or memberships, add-on features, enterprise courses and services associated with a course. For example, translation captions of courses may be disabled by instructors at any time, and instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.

Instructors may not grant licenses to their courses to students directly, and any such direct license shall be null and void and a violation of these Terms.

  1. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, Vlearny offers a zero to 15 day refund or credit for most course purchases.

3.1 Pricing

The prices of courses on Vlearny are determined based on the terms of the Instructor Terms and our Promotions Policy. In some instances, the price of a course offered on the Vlearny website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card, wallet or process other means of payment for those fees. Vlearny works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.

3.3 Refunds and Refund Credits

If the course you purchased is not what you were expecting, you can request, within 30 days of your purchase of the course, that Vlearny apply a refund to your account. We reserve the right to apply your refund as a refund credit (through points) or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners, the platform from which you purchased your course (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 30-day (or such defined period at the time of purchase) guarantee time limit has passed. However, if a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. Vlearny also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.

To request a refund, please send the email to our support team. As detailed in the Instructor Terms, instructors agree that students have the right to receive these refunds.

If we decide to issue refund credits to your account, they will be automatically applied towards your next course purchase on our website, but can’t be used for purchases in our mobile or TV applications. Refund credits may expire if not used within the specified period, and have no cash value.

At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund.

3.4 Gift and Promotional Codes

Vlearny or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for prepaid credits applied to your Vlearny account, which then may be used to purchase eligible courses on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific courses. Prepaid credits can’t be used for purchases in our mobile or TV applications.

These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Vlearny account. Gift and promotional codes offered by Vlearny may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, Vlearny may determine which of your credits to apply to your purchase.

  1. Content and Behavior Rules

You can only use Vlearny for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any course for publication on Vlearny. course for publication on Vlearny.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Vlearny complies with copyright laws. Check out our Intellectual Property Policy for more details.

Vlearny has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms.

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Rights Policy.

  1. Vlearny’s Rights to Content You Post

You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Vlearny to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Terms.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Vlearny to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

  1. Using Vlearny at Your Own Risk

Anyone can use Vlearny to create and publish courses and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Vlearny at your own risk.

Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enrol in a course, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Vlearny has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

  1. Vlearny’s Rights

We own the Vlearny platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

You may not do any of the following while accessing or using the Vlearny platform and Services:

  • access, tamper with, or use non-public areas of the platform (including content storage), Vlearny’s computer systems, or the technical delivery systems of Vlearny’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Vlearny platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Vlearny); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
  1. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Vlearny. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

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.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, the Instructor Terms and the Promotions Policy).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site, any instructors is making misleading statements in their course, may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Vlearny or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent to using our Services, for example, if you enroll in a health and wellness course like yoga, physiotherapy, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Vlearny, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Karnataka, INDIA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Bengaluru, Karnataka, INDIA.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to legal@vlearny.com).

8.7 Relationship Between Us

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

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

  1. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue on mutual benefit basis. If that doesn’t work will follow the law of the land India.

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

9.1 Small Claims

Either of us can bring a claim in small claims court in Bengaluru, Karnataka, India jurisdiction only.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and Vlearny agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

Any disputes that involve a claim of less than $5,000 or equivalent INR (Indian Rupees) must be resolved exclusively through binding non-appearance-based arbitration. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $5,000 USD must be resolved the arbitration hearing has to be in-person.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

  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 Vlearny 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.

The best way to get in touch with us at support@vlearny.com.

Privacy Policy

Vlearny is committed to protect and respect your privacy. This Privacy Policy describes the types of information we may collect from you or that you may provide us when you visit the Vlearny website www.vlearny.com It further elaborates our practices for collecting, using, maintaining, protecting and disclosing such information.

This Privacy Policy applies to the information we collect:

(i)  through our services, (ii)  in text and electronic messages between you and our services, and (iii)  via any application or information you download from our websites, which provide dedicated non-browser-based interactions between you and our services. This Privacy Policy does not apply to any information collected by us offline or via third-party sites that may be accessed through hyperlinks on our services.

By accessing or using our Services, you agree to this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES.

We safeguard your personally identifiable information (“Personal Information”) that you submit to us and let you stay in control at every touchpoint of our Website.

For further details, please read the information below:

Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, without disclosing any of your Personal Information, you can visit Vlearny.com web pages and seek information.

Cookies and Other Tracking Technologies

Some of the Vlearny.com Webpages make use of “cookies” and other user-footprint tracking technologies to understand your preferences and the level of experience. A “cookie” is a small text file that may be used, for example, to collect information about Web site activity. Some cookies are meant to recall Personal Information that was previously submitted or indicated by a Web site visitor. Some browsers have the options to block or unblock cookies and even to remove them permanently. You may set notification with your browser to get notified when you receive a cookie, or may choose to block cookies. However, if you choose to block cookies, you need to re-enter your original user ID and password to get access to certain parts or information of the Website.

Third-Party Services :

Third parties mostly partnered employers or recruiters or recruiting agencies, make certain services available on www.Vlearny.com in order to acquire the right talents that they need. You understand and agree that we can’t exercise our whole control on their privacy practices and terms and conditions. However, we are committed to sharing your information, including personal information, only after getting your consent, i.e. once you have applied for a job or expressed your interest. Vlearny will exercise reasonable steps to ensure that these third-party service providers are obligated to protect your Personal Information.

Vlearny is under no obligation to share your Personal Information with any third-parties that are not legally bound to us.

Your Consent

By using this Web site, you consent to the terms of our Online Privacy Policy.

Information security

We try to adopt the right security measures to stay immune against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to your personally-identifying information to employees who need to know that information in order to operate, develop or improve our services.

We may restrict access to your personally-identifying information to employees who need to know that information in order to operate, develop or improve our services.

Updating your information

We allow you to update and correct your personally identifying information at any point of time to let you uninterruptedly access and avail yourself of our services.

Children

Vlearny will not contact children under the age of 16 years for any offer or marketing objectives without a parent’s prior consent.

Information Sharing and Disclosure

Vlearny does not rent, sell, or share personal information about you with other people (save with your consent) or non-affiliated companies except to provide products or services you’ve requested. With your due permission, we share your information under the following circumstances.

We share your information with trusted partners who work on behalf of or with us under confidentiality agreements so that they can communicate with you about offers.

We may use your information to respond to subpoenas, court orders, or legal process to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Vlearny terms of use, or as otherwise required by law.

We may transfer information about you if ‘Vlearny’ is acquired by or merged with another company. In such a situation, Vlearny will inform you in advance as the management and safety of your personal information becomes a subject matter of the successive entity.

Vlearny may display targeted advertising based on your Personal Information.

Vlearny does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

We comply with the Information Technology Act, 2000 and Rules made thereunder to ensure the protection and preservation of your privacy.

Social Media Features

Our websites include Social Media Features, such as the interactive mini-programs that run on our Websites. These features may collect your IP address, which pages you are visiting on our Websites and may set cookies to enable the features to function properly. Social Media Features are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy policy of the company providing it.

Uploaded content privacy features

We try to protect all the uploaded contents from download or mishandling. But honestly speaking in today’s time of internet era it is highly impossible to ignore the cyber threat completely. Vlearny would not be held responsible for any such activity if happens. Hence, it is advised to record the videos in such a way so that your name, or logo (not very much encouraged), or any identifying text in intro and outro of the lessons.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Changes to this Privacy Policy

‘Vlearny’ is entitled to update, change or modify this policy at any time.

Your continued use of the Services after such modifications will constitute your: (a) acknowledgement of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy.

Disclaimer: Vlearny does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. Vlearny uses the maximum care as is possible to ensure that all or any data/information in respect of the electronic transfer of money does not fall in the wrong hands. However, keeping in mind about the online threats in case any dispute happens, Vlearny will not be responsible for the damages that happened to the user due to the cyber attack.

'Course Guidelines' for Instructors

Vlearny welcomes courses across a wide range of categories, including photography, business, formal education, professional courses, and many more. To ensure a consistent quality contents, our quality team routinely reviews all courses and may remove those that are not in accordance with our guidelines (see below). We believe these guidelines allow us to foster genuine courses for sharing and learning.If your course has been removed for violating our course guidelines, you may be notified by the Vlearny team, and in certain cases, you may have the opportunity to update it to see it reopened.

 

Course Guidelines 

All classes on Vlearny must do the following:

Course Curriculum for school/ college students:

If you are making a course for school/ college students then you are advised to follow a generic syllabus (refer and do little bit research on internet about that country education board/ University curriculum) so that course can be offered and accepted by many students.

Foster learning for the sake of learning: 

All classes on Vlearny are, first and foremost, educational. Classes that guarantee or promise a specific outcome or are geared primarily towards helping students achieve a static or monetary reward (e.g. follower count on a platform, a specific income) are not permitted.

 

Include a course end exam and lesson length and quality: 

All Vlearny courses are expected minimum of 4 hours duration and each lesson of 15-20 minutes.

The “Course End Exam (Course name)” as a separate session (Quiz) which will have minimum 50 Single/ multiple choice questions for final passing grade (50%) and to get the final certificate. This is to ensure that our education quality and our students perform the best.

 

Uploading the course videos:

Videos should be compressed before uploading to the server and/or given link for upload.

 

 Minimum standards requirement for educational value and fast acceptance: 

  • Courses must contain an introduction video that outlines what students can expect to learn in the class, who is the teacher and his/ her qualification.
  • Lessons must be planed course outline. Classes may not consist simply of a walkthrough, review, or demo of a certain website or tool without any added knowledge-based value from the teacher.
  • All Vlearny classes must contain Section Name, lesson titles that reflect the educational content in that lesson.
  • Lesson names and Lesson Videos uploaded has to be same/ similar for easy identification.
  • Lessons and demonstrations must be instructionally narrated by the teacher, and focus on the skills required to complete the class project with specific tips, insights and best practices included.
  • Each class or video section should only be uploaded once. Classes that are overly repetitive and used in many courses (with less change) in content, for the sake of course count increase, should be removed.
  • Marketing or self-promotion (e.g., business or website logos, name or personal brand mentions) of the teacher within the class should be limited to the intro and outro videos only.
  • Instructors self-video window will be placed in bottom right corner only.
  • Classes should be made for Vlearny, and not branded for any other online teaching platforms. Teachers should not direct students to competing educational platforms.
  • Instructors can not upload the Live Recording of any class as a course due to the global quality issue. It is strictly not allowed.

 Additional Rules on Teaching: 

  • You are fully responsible for the ownership of the content you share on Vlearny, and we have a zero-tolerance policy for violations of intellectual property rights or impersonation. Even if you own the content that you are publishing to Vlearny, you may not publish classes that you are not directly teaching yourself. This includes, but is not limited to, content that is copyrighted or trademarked by another party and PLR (Private Label Rights) content.
  • Instructor/teacher owns the intellectual property rights, but if Vlearny team is engaged in editing/modifying/ finalising and/or changing the appreaence of the submitted course content, then Vlearny will become the intellectual property rights owner of that content, and instructors will not have any rights to claim/use/reuse/misuse/distribute of the same modified/updated content.
  • If you are teaching as a company or as part of a collective of multiple teachers working together as a single entity, the owner of the account (the individual associated with the email account on file) remains responsible for any account strikes pertaining to policy violations. Please note that Vlearny cannot split royalties or referral bonuses between multiple instructors or parties. In the event of a disagreement over content ownership between parties, Vlearny will not be dragged and/or involved in any legal matter.
  • You must have the proper authorization for any supplemental material that you’ve included (such as images, pdf, notes, or music tracks).
  • Classes that prompt students to make additional payments outside of the Vlearny platform in order to complete, show completion or participate in a course are prohibited.
  • Certain class topics are not permitted on Vlearny:
    • Courses focused on passive income business strategies, or amassing fast followers
    • Instructors can not upload the Live Recording of any class as a course due to the global quality issue. They need to record separately.
    • Courses about dating, romance, or relationships
    • Courses about teaching on other educational platforms
    • Courses that show students how to resell existing products or services (such as drop- Courses or multi-level marketing)
    • Courses about medical content or that are related to the medical field (e.g., holistic medicine, dieting, nutrition, weight management)
    • Courses that focus on or consistently reference any of the following: religion, spirituality, politics
    • Courses about fitness and/or exercise*
    • Courses focus on beauty regimens or cosmetology*

*If any then the instructor and owner of the account registered on Vlearny will be sole responsible for any consequences happen with the students. Vlearny will not be responsible for this.

In addition to thorough reviews by our quality team, may be taken into account when determining whether or not a course meets our guidelines.

 

Instructor's Revenue Share

There is no fee to create and host a course on Vlearny, and you can publish as many free (not encouraged much) and paid courses as you like. We believe in a sustainable partnership, where instructors are rewarded for creating amazing content and bringing students to the platform, and Vlearny is rewarded for driving new students to our instructors.

 

On Single Course Purchases:

  • Organic Traffic Sales: 50% on net revenue share on organic sales where no Instructor Coupon/affiliate link is used. Organic sales occur after a user browses the Vlearny marketplace for courses, or makes a purchase during limited promotional offers.
  • Through “Instructor Coupon Code“: In case Instructors want to get the discount coupons for their own students then they can write a request email to get the “Instructor coupon code”. Any sales made through that code instructors will get 10% of net revenue share irrespective of the membership and/or subscription levels sold by them. This coupon code is applicable only for the “Membership/ Subscription” Sales and not for individual course sales. This commission is more and above the instructor’s regular revenue share for applicable any other model, and will be paid with their monthly commission paid time.
  • Paid User Acquisition Channel Sales: 25% to 35% instructor revenue share in most cases. In order to optimize your sales, we partner with affiliates across our global networks or pay for advertising for your course. Depending on the partner or the costs of the advertising, the revenue share may vary but will be 25% in most cases to acquire those new users.

On Subscriptions “Assured Royalty” program (Applicable only for individual instructors) : 

 

Vlearny honours every instructor’s effort to make this platform a success. We also believe they are our flag carrier and true stakeholders in making of Vlearny global. Vlearny instructors can earn revenue from subscribed users based on a royalty system. Each month, a maximum of 30% of net revenue from Vlearny’s total net membership subscription revenue earned (Single course sales are different and mentioned in above, and should not be included in net membership subscription net revenue calculation. That is more and above of this to the instructors) for that month goes to a ‘royalty pool’ for Instructors. The remaining revenue goes towards marketing and promoting courses by the company professionals (not by the third-party), supporting and investing in the website and platform, and running the day-to-day operations of our business. It is obvious that if any Tax paid to the local governing authority of that country, commissions paid for the membership sold by the third-party sales and/or marketing consultant, commissions paid to instructors for membership sales through “instructors coupon code” separately, and/or commission, if paid, to third party marketing/ institutional channel for enhancement of the sales, will be considered and deducted at the time of calculating net revenue of membership sales.

Through our assured royalty model, not applicable for institutes and/or companies, active instructors are paid out based on their total number of courses on the platform each month. For example, if Vlearny gets $6000 revenue through subscriptions sales in one month, $1000 is paid to third party consultants, instructors coupons, Tax etc (so net revenue from membership sales is $6000 – $1000 = $5000) and 500 eligible courses are there in our platform from 300 active instructors, then maximum  30% X $5000 / 500 = $3 revenue (maximum) is for each course is calculated. Now if one instructor has 5 courses (and each course has a minimum of 10 active students enrolled) uploaded in the platform then (s)he will get 5 X $3 = $15 straight away one-time payment for all new subscribers for that particular month, irrespective of that the students watching their courses or not. This gives a fair chance to all instructors to earn equally provided they create and upload their best quality courses.

Terms & Conditions: (i) as memberships are generally of annual memberships, in case instructor wishes to stop the relationship with Vlearny then the active courses and / or already sold courses, maybe individual course sale and/or access through existing memberships)  will be available for students. Course will be unavailable from the platform latest by 12 months from the date of requesting to stop such relationship (ii) any course will be eligible only if the courses are a minimum of the 4 hours of duration, not a free course, and each course has a minimum of 10 active students enrolled. Below 4 hours of uploaded video course contents, and less than 10 active students at any point in time, of course, will not be eligible for this royalty. (iv) eligible courses count is based on all unique courses. One course may be reflected in a different category for the representation and category marking, but unique and same courses will be considered as one and will not be counted in multiples. (v) For any courses under this assured royalty program, and/or royalty received for any course, irrespective of any time period and/or active/inactive status of the instructor,  instructors accept that Vlearny will have unconditional rights for lifetime of the company to produce, reproduce, share, sales, digitally store, resale, change the price of any amount, licensing to the third-party access, own subsidiary companies to generate sales, and Vlearny will be the rights holder for the content; also, instructors are free to use their same contents anywhere they want and Vlearny will not have any objections  (vi) This assured royalty model is applicable and/or given to the individual instructors who uploads courses through their individual login. The assured royalty model is not applicable for the courses uploaded through Education institute and/or Company vlearny login ids. (vii) Most Importantly, Vlearny will not share any total and/or partial company revenue details (earned from subscriptions/ memberships) due to confidentiality. The calculation as mentioned will be done by the company at the stipulated time and final revenue share of each instructor will be shared. Vlearny reserves the rights to decide the percentage of revenue share to be deckared for the “Assured Royalty Pool” and it may varies month to month due to the business conditions and business decissions made by Vlearny management.  Importantly, Changes, dispute resolution, and/or implementation of this is solely on Vlearny management. Any request and dispute resolution in this regard will not be accepted. Instructors have the option to opt out for the assured royalty program anytime in case (s)he is not happy with the policy. 

Can I Opt-out from the Assured Royalty Program?

By default, all active instructors are eligible to get the royalty for all eligible courses, in case, any instructor does not want to abide by the above rules /policies/ has any doubt on Vlearny, he/she can send a request to opt-out from this program sending an email to instructorsupport@vlearny.com, and he/she will not get any future royalty. Please note that this program is to help the instructor to get some revenue from Vlearny side as a gesture and Vlearny expects the mutual faith and understanding to run this program. Any decision and dispute resolution will be solely on Vlearny management decision and will be full and final.

On the subscription model, the size of the royalty pool fluctuates from month-to-month. The fluctuations are based on new subscribers, as well as the costs of operating the website (such as video hosting), our marketing and promotion of courses, third party consultant’s fees and/or commissions paid additionally for coupon codes, Tax etc. Still, it is always true that the more students buy our subscriptions, the higher the share of the monthly royalty pool you will earn. 

You must accumulate a minimum of INR 100 (and not carry forward) of royalty across all of your courses every calendar month in order to receive a payment for that month. Please note, ‘Free’ courses will not be counted towards royalty payments calculation.

On special courses like bundled courses, certificate, diploma or degree courses:

 

Vlearny can create anytime and any number of types of courses in a combination of one or multiple instructors’ courses together and/or adding new from own or third-party content/ courses or lessons in full or parts. This is to provide students with more course offering and increasing the chance of more acceptable course sales. In that case, the basic sales approach would be either one time (single course) sales and/or subscription-based approach. If it is in combination with one instructor’s different courses then above mentioned single course and subscription revenue share with the instructor will remain unchanged. But if the course was designed of multiple instructors’ course contents then for single time course purchase, net 50% revenue Vlearny will keep, and remaining net 50% revenue will be divided equally among all instructors for that particular special course. In case, the commission is paid to the partner institution then that amount will be considered and deducted for net revenue calculation and share.

In case of subscription or membership sales of these special courses, it will be shared as per the above mentioned upto 30% royalty pool concept among all the active individual instructors’ personal revenue share. Institutes and/or companies will not be eligible for this assured royalty program mentioned above.

Reporting & Revenue Tracking:

Instructors can track all one-time incoming sales in their Revenue Report. However, the subscription type of revenue (royalty) share model includes a lot of manual engagement, and Vlearny’s decision will be final. Also, Vlearny holds complete rights for revenue share distribution in case of any dispute, no request and/or foul play will not be accepted under any condition.

Pay-out Day:

We provide, may provide, 15-30 Days money-back guarantee to our students. Every month between 7th. And 10thof the day the pay-out is given to the instructors. For example, any sales happened during the calendar month, Say May, the pay-out will be provided on 7th. July.

Master Service Agreement

This Agreement was last updated on September 28, 2020.

This Master Services Agreement (“Agreement”) governs the access and use of Vlearny for Business and Vlearny for Government.

  1. Definitions. As used in this Agreement, the following terms have the meaning set forth below.
  2. a) “Affiliate”means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
  3. b) “Customer”means the party entering into an Order Form with Vlearny, or otherwise signing up to use the Services.
  4. c) “Courses”means the online courses provided by Vlearny as part of the Services.
  5. d) The “Fees”means the amounts payable by Customer to Vlearny for access to the Services.
  6. e) “Order Form”means the ordering document mutually executed by Vlearny and Customer, including electronic orders submitted by Customers purchasing the Team Plan version of the Services, specifying: (1) the Fees payable by Customer to Vlearny for provision of the Services, (2) the duration of the Services to be provided by Vlearny to Customer, (3) the number of Users authorized to access the Services, and (4) other billing and payment information regarding Vlearny’s provision of the Services to Customer.
  7. f) “Personal Data”means any personal data that Customer submits into the Services.
  8. g) The “Services”means Vlearny for Business or Vlearny for Government, a platform for online education provided by Vlearny that includes the Courses.
  9. h) “Vlearny”means Vlearny, Inc., or one of its affiliates.
  10. i) “Users”means the employees and contractors that Customer authorizes to access and use the Services.
  11. Provision of the Services. Vlearny agrees to make the Services available to Customer and its Users pursuant to the terms of this Agreement, and as specified in an Order Form. In the event that Customer is purchasing a subscription to the “Team Plan” version of the Services, then Customer acknowledges and agrees that certain features generally available in the Services may not be available to Customer.
  12. Restrictions. Customer shall not, nor shall it permit its Users to:
  13. a) Copy, distribute, create derivative works, hack, or modify the Services or any of the Courses,
  14. b) Input any inappropriate, infringing, offensive, racist, hateful, sexist, pornographic, defamatory or libelous content into the Services,
  15. c) Scrape, spider, or utilize other automated means of any kind to access the Services, including but not limited to accessing API endpoints for which Customer or its Users have not been provided authorization by Vlearny,
  16. d) Use the Services for benchmarking or any other similar competitive purposes, or in order to build a competitive product to the Services,
  17. e) Share login access to the Services among multiple individuals, transfer a User license (except in connection with a change of job assignment or termination of employment), or otherwise permit any party other than the Users to use the Services,
  18. g) Introduce any computer code, file, or program that may damage the Services,
  19. h) Use the Services in any manner that is unlawful or that infringes the rights of others, or
  20. i) Permit any individual that is under the age of 13 years old to use the Services.
  21. Violations of Restrictions. In the event that Vlearny determines that Customer or any of its Users has violated the restrictions set forth in Section 3 above, Vlearny reserves the right to terminate or suspend access to the Services for Customer or the relevant Users.
  22. Fees. Customer will pay the Fees as set forth in one or more Order Forms. Unless stated otherwise in an Order Form, all fees are payable in US dollars. In the event that Customer is late in making payments, then Vlearny reserves the right to charge the greater of 1.5% interest per month or the maximum interest permitted by law, and Customer will be liable for all third-party collection costs.
  23. Taxes. The Fees and other amounts required to be paid hereunder do not include any amount for taxes, including any applicable sales, use, excise, or other transaction-based tax (“Taxes”) or levy (including interest and penalties). Customer agrees to pay all amounts payable under this Agreement free and clear of all deductions or withholdings or rights of counter claim or set-off, unless required by law. If a deduction or withholding is so required, then Customer agrees to pay such additional amount as to ensure that the net amount received and retained by Vlearny equals the full amount that Vlearny would have received had the deduction or withholding not been required. Customer shall reimburse Vlearny and hold Vlearny harmless for Taxes or levies to which Vlearny is required to collect or remit to applicable tax authorities. This provision does not apply to Vlearny’s income, franchise and employment taxes or any taxes for which Customer is exempt provided Customer has furnished Vlearny with a valid tax exemption certificate. To the extent a taxing authority changes their position or taxing policy requiring Vlearny to collect a Tax or levy from Customer, Vlearny will add the Tax or levy to the Customer invoice.
  24. Confidentiality.
  25. a) Scope of Confidentiality. Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without use of or reference to the Confidential Information. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law so long as the Receiving Party gives the Disclosing Party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.
  26. b) Non-Use and Non-Disclosure. Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to: (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.
  27. c) Processing of Personal Data. Notwithstanding the provisions of this section, Customer agrees that Vlearny may process Personal Data as necessary for: (1) storage and other processing necessary to provide, maintain, and update the Services, and (2) the provision of customer and technical support to Customer regarding the Services. To the extent that Customer is subject to a local data privacy law (including but not limited to the General Data Protection Regulation or the Karnataka Consumer Privacy Act), then Customer agrees to request from Vlearny a data protection agreement prior to providing any Personal Data to Vlearny.
  28. Term and Termination.
  29. a) Duration of Term. This Agreement will commence on the Effective Date, and will continue until all Order Forms hereunder have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the Vlearny for Business Team plan that have disabled auto-renewal within the Services, Order Forms will renew automatically for additional terms of one year, unless terminated by either party by giving at least 30 days written notice prior to the end of the then-current term.
  30. b) Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days written notice, unless such breach is cured during such 30 day notice period. In the event that Customer terminates this Agreement or any Order Form due to material breach by Vlearny, then Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date. Sections 5-11 and 15-18, as well as any accrued rights to payment, will survive any termination or expiration of the Agreement.
  31. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, VLEARNY PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.
  32. Limitation of Liabilities. NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO VLEARNY IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.
  33. Indemnification.
  34. a) Vlearny’s Indemnification Obligations. Vlearny agrees to defend Customer for all third party claims arising from an allegation that Customer’s use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights (“Claim Against Customer”), and indemnify Customer from any damages, reasonable attorney fees, and costs incurred by Customer as a result of a Claim Against Customer. In the event that the Services become subject to a third-party intellectual property claim, or Vlearny believes that the Services will become subject to such a claim, then Vlearny may elect to: (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states Vlearny’s sole liability to the Customer with respect to a claim that any part of the Services infringes the intellectual property rights of a third party.
  35. b) Customer’s Indemnification Obligations. Customer agrees to defend Vlearny for all third-party claims arising from Customer’s violations of Sections 3(a) and 3(b) of this Agreement (“Claim Against Vlearny”), and indemnify Vlearny from any damages, reasonable attorney fees, and costs incurred by Vlearny as a result of a Claim Against Vlearny.
  36. c) Requirements for Indemnification. In order for the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (3) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense.
  37. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Upon learning of any violation of this restriction, Customer agrees to promptly notify Vlearny’s legal department, by emailing legal@Vlearny.com.
  38. Publicity. Customer grants Vlearny the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on Vlearny’s website and in other promotional materials.
  39. Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, failure by a third party hosting provider or utility provider, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.
  40. Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed), except, however, that either party may assign this Agreement and all Order Forms under this Agreement without the other party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
  41. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.
  42. Governing Law Venue, and Attorney’s Fees. This Agreement and any disputes arising under it will be governed by the laws of the State of Karnataka without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Bengaluru, Karnataka, India. In the event of any dispute between the parties regarding the terms of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
  43. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly cancelled. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by Vlearny at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.
  44. Contracting Party, Governing Law, and Currency for Indian Customers. As of August 10, 2020, if Customer is located in India, then Customer is contracting with Vlearny India LLP under this Agreement. In such case, notwithstanding Section 17 above, this Agreement and any disputes arising under it will be governed by the laws of India, and both parties consent to the exclusive jurisdiction and venue of courts in Bengaluru, India for all disputes arising out of this Agreement. In addition, if Customer is located in India, notwithstanding Section 17 above, then any dispute, claim, or any non-payment (any of which shall be treated as a dispute) whether present or future, whatsoever between the parties under, arising out of, relating to or in connection with this Agreement shall be settled by mandatory arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties and both parties consent to such mandatory arbitration. Either party may serve the other party with a notice in writing specifying the existence and nature of the dispute and the intention to refer the dispute to arbitration. If the parties are unable to agree on a sole arbitrator within 30 days of such notice, each Party shall appoint an arbitrator, and the arbitrators so appointed shall jointly appoint the third arbitrator. The award determined through arbitration shall be final and binding. The venue of such arbitration shall be in Delhi. The proceedings shall be conducted in English. Notwithstanding Section 5 above, if Customer is located in India, then all fees payable by Customer will be in Indian Rupees.

Vlearny Points Program Terms & Conditions

Vlearny Points Program Terms & Conditions

The Vlearny points program (“Program”) is offered to anyone with a Vlearny account at the sole discretion of Vlearny Technology LLP. Participation in the Program is automatic. You will earn Vlearny points (“Points”) any time you complete certain activities that are eligible for receiving Points (each an “Eligible Activity”). For example, Vlearny may designate enrolling in a certain course as an Eligible Activity; as soon as you enroll in that course you will receive the Points allocated for that Eligible Activity. Remember, to earn the Points the activity must be an Eligible Activity and you must complete all steps associated with the Eligible Activity. There are a few additional rules and terms that apply to the Program:

  • The Program is void if prohibited by law.
  • Vlearny may change or terminate the Program at any time, with or without notice to you. However, any Points earned prior to termination shall continue to be available until the expiry and/or till your membership or subscription account is active.
  • If the Eligible Activity has conditions – such as an expiration date, or restrictions on how Points can be used – you must comply with those conditions.
  • If you try to hack, tamper or otherwise “game” the Program, you lose all Points and may be barred from the Program or from the Vlearny site.
  • Points are automatically applied to courses and other products and services you order through the Vlearny site (subject to any restrictions). You do not have the ability to select how the Points are applied.
  • Now students and/or instructors both can use their ‘affiliate link’ (shown in your Vlearny profile dashboard and can earn points. You do not need to enrol separately for any affiliate program.
  • Any points earned through this link and if in case, that transaction is returned (e.g., if you refer your friend to buy a course through your affiliate link and he returned that purchase, then your same amount of credited points also will be deducted.
  • If you receive a permitted refund for a course or product or service that was ordered using Points, the refund will be in Points to your account for the appropriate amount. The original expiration date for the refunded Points will still apply.
  • Currently, those who buy courses through your affiliate link they will also get some bonus points for that purchase. Hence, there is no dissatisfaction either of you.
  • Points have no cash value (though currently it is set as $1=300 points for understanding purpose), and may not be traded or redeemed for cash, or assigned, sold or transferred to anyone else. However, if you purchase a course, product or service for yourself and/or someone else through your account your Points will be applied to that purchase.
  • If taxes are owed on your Points or their use or your participation in the Program, you are responsible for their calculation and payment.

If you have any questions about the Program, your account, or Vlearny, please contact support@vlearny.com

Instructor Terms & Conditions

“Instructor Terms & Conditions” are for instructors who are publishing their course on Vlearny. It contains the terms and conditions of your participation as an Instructor via Vlearny’s Services. This is a binding agreement between you and Vlearny and is incorporated by reference into Vlearny’s Terms of Use (“Terms of Use”).

  1. Key Definitions 

“Base Price”” means the course price set by the Instructor, and/or Vlearny.

“Base Currency” means the currency of the Base Price.

Dynamic “Exchange Rate” means a system-wide rate used by Vlearny for foreign currency conversion and does not include any fee or mark-up by Vlearny. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. In case of manual setting of the currency value, the following table is followed as of today and may subject to change time to time.However, Vlearny can refer the manual ‘exchange rate’ method also in order to complete sales and process.

Static “Rate conversion”: Vlearny uses the set of currency values with respect to the current dollar ($) rate and ‘Price Conversion Tier Matrix’ is used as a reference. This matrix is updated time to time and may vary.

“Instructor Revenue” shall mean Net Amount less paid refunds (if any).

“Gross Amount” means the amount received by Vlearny for purchases of Your Course by Students. Please note that for mobile application sales, mobile platforms apply fees such as Apple’s App Store or Google Play etc. will be extra.

“Net Amount” means Gross Amount, less (1) Taxes; (2) for web sales, a five percent (5%) administrative and handling fee,; and (3) any amounts paid in connection with Vlearny’s Marketing Programs.

“Pricing and Promotions Policy” means the policy available here: Pricing & Promotions Policy setting forth Vlearny’s pricing and promotional policy and terms.

“Sale Price” means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Vlearny will determine the Sale Price based on the applicable Base Exchange Rate.

“Sale Currency” means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.

All other capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Vlearny’s Terms of Use.

  1. Agreement 

As an Instructor, You are contracting directly with Vlearny Technology LLP, an online marketplace headquartered in Bengaluru, Karnataka India. Additionally, although we may utilize other Vlearny subsidiaries to facilitate your payments, your contract remains between you and Vlearny.

 

  1. Your Relationship with Students 

Instructors do not have a direct contractual relationship with Students. The only information You will receive about Students would be the ones which is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify Vlearny for any issues arising out of Your use of any Student Related Data.

  1. Obligations 

As an Instructor, You represent, warrant, and covenant that:

  1. You will visit www.Vlearny.com and complete the Instructor enrolment form and you by default agree to the pricing terms;
  2. You will be responsible for all Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Vlearny, 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 Instructor Terms;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services. Vlearny may ask for verification against any such information presented by you in this course. Failing to produce may lead to account detaivation and you will be responsible for the consequences, if any.
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  6. 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;
  7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  8. You will not engage in any activity that will require Vlearny 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;
  9. 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 Instructor Terms;
  10. 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;
  11. You will not impersonate another person or gain unauthorized access to another person’s Account;
  12. Your use of the Services is subject to Vlearny’s approval, which We may grant or deny in our sole discretion;
  13. 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;
  14. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. You are over the age of 18, and will assume responsibility and liability for Your performance and compliance hereunder.
  18. Your instructor account will be active till you upload/modify at least one new/existing course of any duration in 24 months, and/or you have an active instructor membership account. Failing to that your account will be considered as an inactive account. In such cases, Vlearny will have full rights to stop any royalty incurred during this inactive account period. This is to ensure the quality and standard of always fresh and updated course materials and your support to the students.
  19. Instrucotr owns the intellectual property rights, but if Vlearny team is engaged in editing/modifying/ finalising and/or changing the appreaence of the submitted course content, then Vlearny will become the intellectual property rights owner of that content, and instructors will not have any rights to claim/use/reuse/misuse/distribute of the same modified/updated content.

 

  1. License to Vlearny 

You hereby grant Vlearny a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit our privacy policy. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

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 Vlearny 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.

  1. Pricing 

As an Instructor, You will be responsible for determining the Base Price You charge Students for YourCourse(s) from the Price conversion Tier Matrix. 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). The Company will handle billing and other fee interaction with Students. When the Sale Currency is different than the Base Currency, Vlearny will determine the Sale Price using the most recently published Price conversion Tier Matrix. The Company reserves the right to make changes to the Price conversion Tier Matrix at any time.

You also give permission to Vlearny to change/update/modify the sale price of your submittent course content (including ‘zero’ amount) for promotional and other activity purpose.

As part of Your participation on Vlearny, You give permission to share Your Course, and information about You and the Course with Vlearny employees and selected partners, for which you will not receive compensation.

Vlearny offers certain programs that can help you market your Courses (“Marketing Programs”). Marketing Programs may include, but are not limited to, Vlearny’s Deals Program and Marketing Boost Program. The complete list and terms of the currently available Marketing Programs are available under our Pricing and Promotions Policy , which may be updated from time to time. If You choose to participate, the fee You receive from Vlearny will be in accordance with the terms of the particular Marketing Program that applies to the sale of Your Course. You may opt out of any Marketing Programs at any time, provided however, if you do opt-out of a Marketing Program, your Course will remain subject to any sales, campaigns, or promotions under any Marketing

Programs that apply to Your Course that are active at the time you opt-out until the completion of such sales, campaigns, or promotions. In addition, you acknowledge and accept that certain sales, campaigns or promotions may be limited in applicability and not all sales, campaigns, or promotions will apply to Your Course.

You acknowledge that the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and Vlearny has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, Vlearny 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. If You do not wish to participate in certain Marketing Programs, log into Your Account and opt out of them.

You may be able to increase Your sales by promoting Your Courses by using a coupon code that You have created on Vlearny. For additional information on Instructor created coupons please see Our Pricing & Promotions Policy.

  1. Payments 

If You do not opt into any of Vlearny’s optional Marketing Programs, we will pay You seventy six percent (76%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If Vlearny changes the Standard Revenue Share, we will provide you thirty (30) day notice via email or prominent notice on the Services.

So that Company can pay you in a timely manner, you must have a PayPal account, Payubiz account or your bank account (for wires) in good standing and keep Vlearny apprised as to the correct email address associated with your PayPal or Payubiz account. Payment will be made within forty-five 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 Instructor, you are responsible for determining whether you are eligible to be paid by an Indian company.

  1. Refunds 

As an Instructor, you acknowledge and agree that Students have the right to receive a refund. Neither Instructors nor Vlearny 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 Vlearny has sent an Instructor payment for that Course, Vlearny reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor’s Course to the extent no additional payments are due from Vlearny to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

  1. Taxes 

You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Courses, the following applies:

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, Vlearny will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Vlearny may at its Own discretion increase the Sale Price where Vlearny is of the view that VAT/GST may be due and Vlearny will have a liability to account for such. You will indemnify and hold Vlearny harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.

 

All Other Countries 

For sales of any Courses or Submitted Content in countries other than the European Union, South Korea and Japan. 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). Vlearny is unable to provide You with tax advice and You should consult Your own tax advisor.

  1. Deletion of Your Account 

If You wish to delete Your Instructor Account, You may do so by following the steps provided in the following Instructor terms and condition page. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to deleting 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). Should You require any assistance or encounter any difficulty in deleting Your Instructor Account You may also contact us via email at support@vlearny.comand We will make commercially reasonable efforts to respond to Your request within 24 hours.

  1. Modifications to These Instructor Terms 

From time to time, we may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Vlearny reserves the right to modify and/or make changes to these Instructor 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 on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.

Intellectual Property Rights Policy

Copyright 

Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements. 

Vlearny respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.

Vlearny’s intellectual property policy is to (a) remove material that Vlearny believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by “repeat infringers.” Vlearny considers a “repeat infringer” to be any User that has uploaded Submitted Content to the Site and for whom Vlearny has received more than two takedown notices. Vlearny has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Vlearny’s own determination.

  1. Procedure for Reporting Claimed Infringement.

If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  • Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  • Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vlearny to locate the material;
  • Information reasonably sufficient to permit Vlearny to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Designated Agent Contact Information. 

Vlearny’s Designated Agent for notices of claimed infringement can be contacted at:

Via E-mail: legal@vlearny.com

  1. Counter Notification 

If you receive a notification from Vlearny that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Vlearny with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Company’s Designated Agent through one of the methods identified above, and include substantially the following information:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of India, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
  • A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
  1. False Notifications of Claimed Infringement or Counter Notifications. 

The Copyright Act provides that:

Any person who knowingly materially misrepresents under the Copyright Act (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Vlearny] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Vlearny reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

For the avoidance of doubt, only notices submitted under the Indian Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at legal@Vlearny.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Vlearny, the operation of the Site or any other matter should be sent to support@Vlearny.com

 

Trademark

Procedure for submitting a Trademark Infringement Notice

The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to the Designated Agent identified below. Please note that a copy of your notice will be sent to the party who posted the contentyou are reporting. Your communication must include substantially the following:

  • Your complete contact information (full name, mailing address and phone number).
  • The specific word, symbol, etc. in which you claim trademark rights.
  • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
  • The country or jurisdiction in which you claim trademark rights.
  • The category of goods and/or services for which you assert rights.
  • Information reasonably sufficient to permit us to locate the material on Vlearny that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
  • A description of how you believe this content infringes your trademark.
  • If you are not the rights holder, an explanation of your relationship to the rights holder.

The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”

The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”

Your electronic signature or physical signature.

Designated Agent Contact Information.

Vlearny’s Designated Agent for trademark infringement notices can be contacted at:

legal@Vlearny.com

Most importantly, Vlearny is a mediator of above mentioned disputes and under any circumstances, by either of the parties, Vlearny will not be blamed, targeted, asked for penalty for any disputes and/or, arouse due to the intellectual property rights infringement by the users of the site.

Pricing and Promotion Policy

This Promotions Policy was last updated on 10/8/2020.

This Promotions Policy (“Policy”) includes information about methods that Vlearny instructors can use to promote their courses, including instructor coupons, instructor/student’s affiliate link, course referral links and Vlearny’s optional marketing programs. This Policy is incorporated by reference into our Terms of Use and Instructor Terms. Any capitalized terms that aren’t defined in this Policy are defined as specified in the Terms of Use or Instructor Terms.

  1. Instructor Coupons & Course Referral Links

As an instructor, you may be able to increase your sales by promoting your course through a course referral link, affiliate link or coupon code. You may generate a coupon code for a discount or at Vlearny’s current price, as permitted within the Services. Note that the actual discount may be slightly higher due to rounding and currency conversion. When a student applies your discount coupon to a foreign currency transaction, we will apply a proportional discount in the student’s applicable currency.

Where a student applies your coupon code or course referral link at checkout, your revenue share will be approximately 70% (50% in monetary value and 20% in points) of the Net Amount less any applicable deductions, such as student refunds.

Alternatively, you may be able to generate upto 70%-off coupons to offer your paid course for free. These coupons may be subject to limits, and you may not sell free coupons on third-party websites or otherwise offer them in exchange for compensation.

  1. Promotional Programs

2.1 How the Promotional Programs Work

Vlearny offers premium instructors several optional marketing programs (“Promotional Programs”). The specific programs offered may change from time to time. In connection with the Promotional Programs, your courses may also be priced higher at Vlearny’s discretion.

Not all deals or programs will be available in all geographic territories or for all Vlearny courses. Vlearny has sole discretion to determine which courses to offer as part of the Promotional Programs and to set or update sale prices. Vlearny may remove any of your courses from the Promotional Programs at any time and in its sole discretion, with or without notice to you.

The discount amounts referenced below are approximate, as the actual discount may be slightly higher due to rounding and currency conversion. Vlearny does not guarantee any minimum level of success in connection with the Promotional Programs.

2.2 Vlearny Deals Program

The Vlearny Deals Program helps increase your revenue potential by enabling Vlearny to offer your course at a compelling discount and list price as part of targeted promotions. The Deals Program allows Vlearny to offer your course to students at a discounted price or list price no lower than $10 USD (or local equivalent), except in Australia, Brazil, India, Mexico, South Africa, and Turkey and sales to Vlearny’s resellers or distributors, where the price may be lower.

Deals Program deals may be promoted through the Services, communications to users, or third-party platforms, and the duration of the deals may vary.

By participating in the Deals Program, you agree that your revenue share will be 50% of the Net Amount of the sale less any applicable deductions, such as student refunds.

Price Conversion Tier Matrix for Geo-local equivalent:

 Currency Equivalent price in $

Currency

 

Equivalent price in $
USD ($) 1.00 TWD (NT$) 29.40
GBP (£) 0.76 ZAR (R) 17.61
JPY (¥) 105.80 INR (₹) 75.00
EUR (€) 0.85 PLN (zł) 3.74
SGD (S$) 1.37 TRY (₺) 7.31
MXN ($) 22.36 NOK (kr) 9.03
BRL (R$) 5.44 KRW (₩) 1186.34
CAD ($) 1.34 THB (฿) 31.19
AUD ($) 1.40 RUB (₽) 73.54
ILS (₪) 3.41 IDR (Rp) 14736
BLG Taka 85.00 Bhutan 75.08
Nepal 120.13 Chinese Yuan 6.97
HK ($) 7.75 NZ ($) 1.51
UAE Dirham 3.67 BAH Dinner (BD) 0.38

2.3 Marketing Boost Program

Vlearny has a network of tens of thousands of affiliate sites and established relationships with third-party deal sites. We also have a team dedicated to placing paid digital advertisements. Through the Marketing Boost Program, Vlearny leverages these partner sites and advertising platforms to promote your courses to new students at no up-front cost to you.

By participating in the Marketing Boost Program, you authorize Vlearny to employ third parties, including resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms (together, “Advertising”) to promote your course. In calculating your revenue, Vlearny may deduct fees associated with this Advertising from the Gross Amount before calculating the Net Amount of the sale.

By participating in the Marketing Boost Program, you agree that your revenue share will be 25% of the Net Amount of the sale less any applicable deductions, such as student refunds.

2.4 Vlearny for Enterprise Program

The Vlearny for Enterprise (VFE) collection (“Collection”) is a subscription-based course collection available to business customers, including private, public, non-profit, education institutes, and government organizations (“VFE Customers”), featuring a select group of Vlearny’s top courses for professional and personal development skills.

By opting into the Vlearny for Enterprise Program, you agree to make all of your courses eligible for inclusion in the Collection. We may elect whether to select your courses for inclusion in the Collection, and may change the selection from time to time at our sole discretion. Because the Collection is subscription-based, we may also select sale prices and offer free trials at our discretion. While your course is included in the Collection, you may not unpublish that course or make it private.

Revenue Share

By participating in the Vlearny for Enterprise Program, you agree that your revenue share will be calculated as follows:

  1. Each month, Vlearny will calculate the total monthly subscription fees paid to Vlearny on behalf of all current VFE Customers minus any applicable Transaction Taxes, foreign exchange fees, and third-party payment processing fees.
  2. Twenty-five percent (30%) of this amount will be allocated to instructors participating in the Vlearny for Enterprise Program (“Instructor Revenue Pool”) as further described below.
  3. Each month, Vlearny will calculate the total minutes of course content in the Collection consumed by all current VFE Customers (“Total Minutes Consumed”). For clarity, the Total Minutes Consumed does not include any consumption by access through a free trial, repeated viewing of the same course content.
  4. Each month, Vlearny will also calculate how many of the Total Minutes Consumed are attributable to each of your Courses that were included in the Collection that month (“Your Course Minutes”).
  5. To calculate your revenue share each month, Vlearny will divide the Instructor Revenue Pool by the Total Minutes Consumed, then multiply that per-minute amount by Your Course Minutes.
  6. By any chance, in case due to technical glitches or any other manual/ electronical reason, minutes consumption for that month is not able to calculate then Vlearny will share same 30% royalty pool among the eligible courses for VFE manually. The decision of this distribution will be solely on Vlearny.

Exclusivity

Once your course is included in the Collection, you agree that you will not begin to offer any pre-recorded courses that directly compete with or injure the sales of that course on any site or platform other than your own. For clarity, this doesn’t include literary works or in-person instructional trainings. If you choose to terminate your participation in the Vlearny for Business Program, you agree that this exclusivity provision will remain in place until we remove your course from the Collection.

Termination

You can choose to terminate your participation in the Vlearny for Business Program at any time. Vlearny will remove your courses from the Collection within 12 months of termination and will continue to pay you revenue share based on the then-current rates until your courses are removed from the Collection. Once your courses are removed from the Collection, VFE Customers will no longer be able to enroll in your courses and you will no longer earn Vlearny for Business Program revenue share, but any student of a VFE Customer who previously enrolled in your courses will continue to be able to access those courses for as long as the VFE Customer remains subscribed to Vlearny for Business.

2.5 Opting Out

Except as otherwise stated above, you can opt out of the Promotional Programs at any time. However, your course will remain subject to any applicable sales, campaigns, or promotions that are already active at the time you opt out, until those sales, campaigns, or promotions are completed.

2.6 “Active account” states if student and/or instructors account is active certail point of time or not. To be active a student should by at least one paid course on Vlearny, or active membership, or instructor will upload at least one new course on Vlearny in 12 months of his/her last course publication on Vlearny. In case of violation Vlearny can request for reactivation, and or terminate the student/instructor account.

  1. Modifications

We may update this Policy from time to time to clarify our practices or to reflect new or different practices. 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.

  1. How to Contact Us

If you have any questions about this Policy, please contact at: support@vlearny.com

Lifetime access for active students

One of the best things about Vlearny is that you can login to your account from virtually anywhere, whenever you want, and access your courses easily! We strongly believe that students will benefit from the limitless educational possibilities this feature presents.Once you enroll in a course, you’ll have access for life, provided that you are an active student, and Vlearny continues to have a license to that course.

‘Lifetime Access’ & ‘Active student’: Commonly Asked Questions

Below are answers to questions we often receive regarding lifetime access.

Will I continue to have access to the course even after I complete it?

Yes.

You will continue to have access to the course after you complete it, provided that you are an active student (means for one time purchase- you have purchased minimum 1 paid course of any amount (not free/gifted) in 24 months from the previous purchase; and for membership account it should be active membership till your subscription active date), and Vlearny continues to have a license (meaning that instructors did not withdraw the course from Vlearny platform, and/or course was not turned down from Vlearny platform due to any compliance/Intellectual Property Related  related conflicts) to the course.

So, if you wish to review specific content in the course after you finish it, or take it all over again, you can.

 

I bought the course on sale. Does this affect how long I have access to the course?

No. Your access to a course is not affected by the price you paid for it.

 

Do free courses offer lifetime access?

Yes. Our active students also receive lifetime access to free courses, provided their account remains in good standing and Vlearny continues to have a license to the course.

 

What if I used an instructor coupon and/or affiliates coupon, and/or students affiliate link to purchase the course? Does lifetime access still apply?

Yes. Students receive lifetime access to a Vlearny course regardless of what price they paid, or whether they used a coupon to enrol or not.

What happens if the instructor removes the course from Vlearny?

Our model means we do not own the copyright to the content of the courses; the respective instructors own these rights. On rare occasions, instructors may remove their courses from our marketplace, or, Vlearny may have to remove a course from the platform for policy or legal reasons. We will be unable to refund any amount used against these purchase under what soever reason and whatsoever circumstances.

However, If this does happen to a course you’re enrolled in, please contact our support team and we’ll be ready to help.

Please note: occasionally instructors may decide to unpublish their course and close it to additional enrolments. For example, an instructor might unpublish an older course until they’ve had a chance to update the course content. In situations where an instructor unpublishes their course, however, the course content remains on the platform and is still accessible to students who are enrolled in the course.

Can my courses ever be removed from Vlearny?

On rare occasions, Vlearny may be required to remove a course from the platform due to policy or legal reasons. If this does happen to a course you’re enrolled in, please contact us atsupport@vlearny.comand we’ll be ready to help.

 

What if that my account becomes inactive/ I became an inactive student?

 

Relax, In a rare case, if your membership expires and/or you did not buy any one time course in last 24 months from your last purchase, and you wish to reactivate your account and/or purchase new course, please send an email to support@vlearny.comso that we can help you.

Does an Institute or Company eligible for 'Assured Royalty' Program?

The “Assured Royalty” Program for “assured Royalty Pool” is only for individual instructors. Any course uploaded under educational Institute, coaching centre, and/or company login is not eligible for this. For more details you can send email to corporatesupport@vlearny.com

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