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Our Terms and Conditions were last updated on 2 March 2023.
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
• “Application” means the software program provided by the Company downloaded by You on any electronic device, named OpenAcademy.
• “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• “Account” means a unique account created for You to access our Service or parts of our Service.
• “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to.
• “Country” refers to Malaysia.
• “Content” refers to content such as text, images, videos or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Mobile App Terms and Conditions Generator.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• “Creator” means the content creator using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
WHEREAS the Company is engaged in developing and maintaining an electronic learning application, hereinafter referred to as “Product”, and is to appoint Creator to develop, co-develop, produce and co-produce content, hereinafter referred to as “Content” will be used as a means to be monetised or revenue-generating within the Product.
AND WHEREAS the Creator is an independent contractor and industry expert, and has offered to create, develop and produce Content and will be remunerated based on the terms set out within this Agreement.
When You create a Creator account with Us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You will be able to select the amount of credit(s) per month charged per user for access to your content.
Account Type | Minimum Credit Charged | Maximum Credit Charged | Recommended Range |
|---|---|---|---|
Creator Account | 15 credits per user. Totals to 1USD. | 100 credits per user. Totals to 7USD. | 15 – 60 credits per user. |
Once you have decided and selected the credit amount, that will be the amount reflected upon your Creator account once it has been activated.
In order for you to change the amount, directly reach out to us, OpenAcademy, to put in a request on this matter.
The changing of credit amount will only be allowed after a minimum period of four (4) months.
You shall be entitled to receive a payment from the Company for each calendar month.
You will be subjected to the below remuneration package and any form of termination or variation to this Agreement shall be communicated by both parties in writing:
Type | Description | Payout Terms/ Threshold | Duration |
|---|---|---|---|
Creator Credits | A credit payout of 0.035USD per one (1) credit generated from the total amount of credit subscription received on the OpenAcademy app.
(E.G., 500 credits = 500 x 0.035USD = 17.5USD) | Payout eligibility threshold is reach a total of 500 credits or 35 subscribers, whichever comes first. These thresholds help us make a more informed decision about whether your account meets our policies and guidelines. | Payment eligibility threshold will only activate after the first 6 months of signing on as a Creator. After the initial 6 months, the payment eligibility threshold will be required to be met in order for monthly payout to be initiated.
Payment will be initiated every 28th of the month. |
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree (a) to use all Confidential Information only to the extent necessary to enable you in producing Content in adherence to this Partnership; (b) not to disclose or provide any Confidential Information to any person or entity without the Company's prior written consent; and (c) not to copy or reproduce any of the Confidential Information. Ownership of all right, title and interest in the Confidential Information shall remain at all times with the Company, and nothing in this Agreement shall give any right, title or interest in, or license to, any such Confidential Information to the Creator (or any other person or entity).
All forms of data and information of the Product or obtained by the Product through any means shall be made available and accessible only to the Company. Should aggregated data and information be released to the Creator for any reason, all data and information is to be kept confidential notwithstanding the duration of this Agreement.
This Agreement does not bind the Company and you in an employment relationship and is purely on contractual terms.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Keep in mind we continuously check Creator Profiles to make sure they continue to meet our policies and guidelines over time.
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of us, OpenAcademy via email and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
(1) Content IP – Covers the learning materials, content (i.e. transcripts) that the Creator has designed. This IP will be solely owned by the Creator and the Creator is free to use these materials with any other distribution touch points (e.g. webinar, corporate trainings) or is re-record and edited in another video format.
(2) Medium IP – Covers the videos (output of the recordings) that are produced for and distributed through the OpenAcademy platform, the production/recording can be recorded by the Company or recorded by the Creator. The Company will solely own the videos produced. The Creator is not permitted to redistribute these videos.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
The Company agrees to indemnify the Creator and holds the Creator harmless from and against any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorney’s fees and costs, (other than those mutually agreed upon in writing expenses and costs to be borne by the Company in the ordinary course of its or its agents’ fulfillment of product development services under this Agreement) to the extent caused by or arising out of or relating to the work, errors, omissions and/or operations of the other party.
The Company and Creator also acknowledge that the publishing of each Content may be approved, barred or prohibited from being published on the Product by a governing body or organisation thus indemnify each other from any claims, demands, losses, damages, fees and costs should any parts or entirety of the Content produced for the Product be barred and prohibited from being published on the Product by this said governing body or organisation.
The Creator agrees to not hold the Company accountable for any act of piracy committed to the Content published on the Product and committed by any external party. The Company will, to the best of its ability, place security preventive measures for the Product as to evite any act of piracy from occurring.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Except as expressly stipulated otherwise in this Agreement, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Laws of Malaysia.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.
If you have any questions about these Terms and Conditions, You can contact us by sending us an email: [email protected].