Important: This document is to be read in conjunction with our customer agreement.

WEBSITE TERMS AND CONDITIONS

This Terms and Conditions Agreement (“Agreement”) shall govern your relationship with the VLE Teacher Ltd., a Hong Kong corporation, vis-a-vis your use of vleteacher.com (“Website”) in any capacity whatsoever. In this Agreement, the terms “Company” or “we” or “us” or “our” refer to VLE Teacher Ltd. Your access to and use of all information on this website, including without limitation, purchase of the product(s) is provided subject to the provisions contained herein.

We reserve the right to amend this Agreement at any time, in our sole discretion, and without any notice to anyone. Your use of the website following any amendments will represent your implied consent to be bound by these terms and conditions as amended. You are advised to visit this web page often to remain updated on the latest changes in this Agreement.

Description of Services

1. We offer multiple services through this website in order to facilitate buying and selling of downloadable digital products, including without limitation, online e-learning courses, question banks, learning objects for VLE/LMS, and other like services.

2. Once downloaded, these digital products can be directly installed on your computer system.

3. The ownership of these digital products rests with their respective creators till the time they are not successfully sold to the buyers. Apart from selling proprietary products, we also allow other content creators to sell their creations through this website.

4. The user also has an option to subscribe to the digital products, instead of downloading them. However, in such cases, the digital products shall run from our servers for which we may collect certain personal information from the users for authentication and verification purposes.

Eligibility

5. Our products and services are meant for adults over the age of eighteen (18) years. By proceeding to purchase or sell through our website, you represent and warrant that you are over 18 years of age and otherwise not legally prohibited from entering into a valid agreement.

Registered Users

6. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

7. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

8. On registration, we provide you with a password to access your account.

9. On registration you agree to pay for our services as set out on our website.

10. We reserve the right to temporarily suspend and/or permanently terminate your registration at any time in case of your breach of the provisions contained herein.

11. Upon prior approval from the administrator(s) of the website, any member can become a seller on the website.

Financial Terms Governing Sales by Content Creators

12. The listings on the website are free.

13. The price for each product is the recommended retail price. The content creators are free to fix their price after conforming to the prescribed minimum and maximum retail price as applicable from time to time. The content creators may also offer the products for free on the website on the payment of a one-off fee as applicable from time to time.

14. For regular sales of downloadable products, the selling price shall be distributed among the content creator and the Company in the ratio of 7:3, i.e., the content creator shall keep 70% of the selling price and the Company shall be entitled to the remaining 30% of the selling price.

15. In case the sales involve subscriptions, the selling price shall be distributed among the content creator and the Company in the ratio of 3:7, i.e., the content creator shall keep 30% of the selling price and the Company shall be entitled to the remaining 70% of the selling price.

16. All payments to and from the website shall be routed through PayPal without any charge. However, if you want bank transfers for the commission due, we shall charge a transfer fee (please contact us for the applicable transfer fee).

17. All the commissions are paid out once a month on the first day of every month (or the first working day after the first day of the month if it falls on a weekend or Hong Kong national holiday). However, in order to avoid any potential scams and avoidance of commission, the commission for a product sold through the website is only released forty-six (46) days after the transaction has been completed, and the withdrawals can be made only on the next due date for withdrawals.

18. All prices are in United States Dollars (USD).

19. There shall be no sales tax on the products sold through the website. Any applicable local or national or international taxes, including without limitation, VAT, on the sales through the website shall be the sole responsibility of the content creators.

20. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

21. Notwithstanding anything to the contrary contained herein, if the content creator also offers to sell the same creation on any other online or offline platform, including without limitation, their own website, the rate of commissions shall be halved, i.e., they shall be entitled to 35% for downloads & 15% for subscriptions. Further, no sales shall be permitted through the website in case the content creators are selling the same products at a price lesser than offered on the website.

Site Access

22. When you visit our website, we give you a limited licence to access and use the information available through the website exclusively for your personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

23. Except as permitted under the Hong Kong Copyright Ordinance, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

24. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Terms Governing Products of Content Creators

25. When a content creator submits their product, it will go through a selection process and the Company’s decision regarding the eligibility of the product shall be final and binding on the content creator.

26. The content creator warrants that they own the product(s) offered for sale on or through the website, or otherwise have all the rights and permissions to sell the respective product(s) on or through the website.

27. The content creator warrants that the product(s) offered for sale on or through the website do(es) not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

28. The content creator warrants that they may pay all royalties, fees, and any other amount owing to any person by reason of any product(s) listed on the website for sale.

29. The content creator warrants that they may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the website, except for the product(s) and/or any other content posted by them.

30. The content creator warrants that the product(s) is/are free from worms, viruses, malware, spyware, Trojans or any other technological nuisance that may destroy or disrupt any hardware or software functionality.

31. We may delete any product that violates this Agreement or which, in our sole judgment, may be offensive, illegal or violate the rights, or harm, or threaten the safety of any person. We assume no responsibility for monitoring the website for offensive product(s) or conduct of the content creators. However, we reserve the right, without obligation, to monitor the website and/or any of the product(s) so offered for sale through the website. Nonetheless, we assume no responsibility for the product(s), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such product(s) or content.

32. You purchase the product(s) from this website at your own sole risk. We shall not be liable for the suitability, legality, accuracy or non-infringements of such product(s).

33. The buyers understand, acknowledge, agree to and warrant that they are buying the products from the website for their own personal use and no commercial activity involving the products, including without limitation, resale in (a) original, (b) modified version, (c) adapted version, or (d) translated version, is permissible online or offline. Further, the buyers undertake and warrant not to donate, distribute or give it for free (freebie) any product purchased from the website, either through online or offline media.

34. The products purchased from the website are meant for use exclusively on a single computer system. No multiple copies of the products are allowed to be installed on different computer systems. However, modification of the products for exclusive personal use is permissible.

Hyperlinks

35. This website may, from time to time, contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

36. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents, including without limitation, any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

37. The copyright to all content on this website, including without limitation, applets, graphics, images, layouts and text belongs to the Company or we have a licence to use those materials.

38. All trademarks, brands and logos generally identified either with the symbols TM or ®, which are used on this website, are either owned by us or we have a licence to use them. However, in case the products being sold on the website belong to the content creators, such symbols belong to the respective content creators. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

39. As a content creator, you shall be solely responsible for seeking permission from the respective exam boards to produce and/or sell the products through this website.

40. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If, in future, we use your Comments in promoting our website or in any other way, we will not be liable for any similarities, which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

41. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

42. Whilst we take all due care in providing our products and/or services, we do not offer any warranty, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.

43. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

44. The Company cannot be held liable for any damage or loss suffered by anyone on account of buying any product belonging to the content creators on or through the Website.

45. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system, which arises in connection with your use of our website or any linked website.

46. From time to time we may host third party content on our website, such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material, and we are not responsible for any errors or omissions in such material.

Limitation of Liability

47. To the fullest extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the products and/or services again or payment of the costs of having those products and/or services supplied again.

48. We accept no liability for any loss whatsoever, including consequential loss suffered by you, arising from the products and/or services we provide.

Indemnity

49. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, including reasonable legal fees arising from or in connection with your use of our website or any feature thereof.

Jurisdiction

50. These terms and conditions are to be governed by and construed in accordance with the laws of Hong Kong and any claim made by either party against the other, which, in any way, arises out of these terms and conditions, will be heard in Hong Kong and you agree to submit to the jurisdiction of the courts situated in Hong Kong.

51. If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

52. We undertake to take all due care with any information, which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.

53. Our compliance with privacy legislation is set out in our separate Privacy Policy, which may be accessed from our home page.

This Terms & Conditions agreement was last updated on September 14th 2012.