Supplementary Terms – Mentor Terms

1. Supplementary terms

These terms and conditions (Mentor Terms) apply in addition to, and form part of, our General Terms of Use and Education Terms. If there is any inconsistency between these Mentor Terms and either of our General Terms of Use or our Education Terms, these Mentor Terms will prevail to the extent of the inconsistency. Capitalised terms which are defined in our General Terms of Use have the same meaning in these Mentor Terms.

2. Listing Fees

We do not charge any upfront fees to list a course on the Marketplace. Instead, we charge deferred listing fees and service fees for services provided by us to you in connection with your course (Course Listing Fees) which are payable out of the revenue generated from sales of your course on the Marketplace.

Our current service packages are as follows:

Base

Set your courses & coaching
Copywriting for sales page
Copywriting for emails
Youtube Ads set up
Facebook Ads set up
Google Ads set up
Email(s) out to database
Webinars
Own private coaching group
$25,000 in Ad Spend
Ads professionally managed

$30,000

Micro Celebrity

Set your courses & coaching
Copywriting for sales page
Copywriting for emails
Youtube Ads set up
Facebook Ads set up
Google Ads set up
Email(s) out to database
Webinars
Own private coaching group
$60,000 in Ad Spend
Ads professionally managed

$75,000

Hero

Set your courses & coaching
Copywriting for sales page
Copywriting for emails
Youtube Ads set up
Facebook Ads set up
Google Ads set up
Email(s) out to database
Webinars
Own private coaching group
$120,000 in Ad Spend
Ads professionally managed

$150,000

The package will be agreed between you and us for each course prior to listing on the Marketplace.

3. Collection of course revenue

If you list a course on the Marketplace, you appoint us as your agent to collect, on your behalf, any revenue generated from the sale of your courses on the Marketplace.

4. Deduction of fees and disbursement of funds

While there remains any monies due and owing by you to us, you agree and consent to us deducting our Course Listing Fees, and any other monies which you owe to us, from the revenue collected for sales of your courses on the Marketplace.

We will provide you with invoices each time we deduct our Course Listing Fees, including any applicable GST or other VAT as required by law.

On a periodic basis determined by us, we will disburse to your nominated bank account any balance remaining after deducting our Course Listing Fees and other monies owing by you to us from time to time. You acknowledge and agree that we may require you to create or hold an account with a third party payment provider (such as PayPal) for the purposes of receiving funds from us.

5. Pricing

5.1 Setting and varying prices

We will advise and agree with you on the price to be charged for a course you list on the Marketplace. If you wish to vary the price of a course, please contact us and we will discuss the analytics and other relevant circumstances with you to jointly determine whether a pricing change is desirable.

5.2 Marketplace purchases in foreign currencies

If a course purchaser purchases your course on the Marketplace using a currency which is not your preferred currency, you agree that we will automatically convert any funds disbursable to you into your preferred currency. Currency conversions will be undertaken by us using third party banking and foreign exchange partners. We do not warrant or guarantee that the rate of exchange will be the best possible rate.

5.3 Promotions and marketing campaigns

You agree to participate in any reasonable promotions or other marketing campaigns that we may run from time to time, including those which involve providing a reasonable discount to the price charged to course purchasers on the Marketplace. Promotions may also require work on behalf of the mentor in the form of running webinars, podcasts and recording videos.

Exclusivity

Except for courses already on listed on competing online platforms at the time of listing on the Marketplace (which can remain on the other platforms), you must not, without our prior written consent, sell, licence, distribute, or otherwise commercialise a course listed on the Marketplace on any other completing online platform, including on your own website, through social media, or direct marketing.

Without limiting any other action that we may take for breaches of our Terms, we reserve the right to delete a course which you have listed on the Marketplace if we become aware that this obligation has been breached. If we do so, you must pay any associated deletion fees as if you had deleted the course.

For courses already listed and which remain on a competing online platform after being listed on the Marketplace, you agree not to decrease the price or run promotions or discounts on the competing platform/s without first notifying us and agreeing to do the same on the Marketplace.

6. Licence to Serve course Content

Please refer to our General Terms of Use for general terms relating to our licence to Serve user-created content, referred to as User Content, to you and other users in connection with the delivery of our Services to you and other users.

The licence you grant us to Serve User Content which comprises the Content of a course that you have listed on the Marketplace is subject to:

1. the settings of the relevant course listing (which will be the default settings determined or varied by us from time to time in our discretion, unless otherwise configured by you);
2. your right to delete courses under these Mentor Terms (refer to the section ‘Deleting a course’ below), in which case our licence is limited to Serving the relevant User Content for the deleted course only to those users who purchased it prior to the course being deleted by you.

7. Course Content

Courses listed on the Marketplace must be intended for education and general information purposes only.

Each course must be prepared to a professional standard in keeping with the relevant industry. We reserve the right to delete a course and remove it from the Marketplace if we consider, in our sole absolute discretion, that it does not meet an appropriate standard of quality.

You acknowledge and agree that:

1. unless you are permitted by law to do so (for example, you are a qualified accountant), you must not provide any advice of any kind, whether legal, financial or otherwise, in the Content of any course listed on the Marketplace, or otherwise to any person in connection with such courses, or your use of our Services generally;
2. you have the appropriate qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your courses and your use of our Services;
3. each course must contain a prominent and legible disclaimer at the beginning of each video, in the course listing on the Marketplace, and on all course materials (if any), to the effect of the following:

“All statements, suggestions, recommendations, content and other information contained in our course and its associated materials (if any) are provided for educational and general information purposes only. Before acting on any course content, we recommend that you seek independent legal, accounting, tax, financial, business, technical and other professional advice from appropriately qualified professional advisors.”

It is important that you understand the difference between education and advice. The table below gives some general examples which are non-exhaustive and non-prescriptive:

Courses listed on the Marketplace must be intended for education and general information purposes only.

You acknowledge and agree that:

1. unless you are permitted by law to do so (for example, you are a qualified accountant), you must not provide any advice of any kind, whether legal, financial or otherwise, in the Content of any course listed on the Marketplace, or otherwise to any person in connection with such courses, or your use of our Services generally;
2. you have the appropriate qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your courses and your use of our Services;
3. each course must contain a prominent and legible disclaimer at the beginning of each video, in the course listing on the Marketplace, and on all course materials (if any), to the effect of the following:

It is important that you understand the difference between education and advice. The table below gives some general examples which are non-exhaustive and non-prescriptive:

Likely to be education

Making a suggestion
Providing factual information
Providing general principles
Referring to categories, classes, groups or types of things
Suggestion to make certain types of legal, financial, or other decisions
Suggestion to consider investing in real estate generally
Suggestion to consider investing in certain types of businesses, projects or developments generally
Suggestion to consider investing in real estate investment trusts or funds generally

Possibly Advice

Making a recommendation (other than to seek independent advice)
Providing a subjective opinion
Providing actionable steps to be followed without regard to personal circumstances
Referring to a specific things
Recommendation to make specific legal, financial, or other decisions
Recommendation to purchase a specific parcel of real estate (i.e. by stating street address)
Recommendation to invest in a specific business, project, or development
Recommendation to invest in a specific real estate investment trust or fund

We recommend that you obtain independent legal advice in relation to the content of your courses before listing them on the Marketplace. We accept no responsibility or liability for any advice that you unlawfully provide in your courses without holding the relevant qualifications, licences or permissions as required by law.

8. Intellectual Property

8.1 Third Party IP Rights

You must not, at any time, infringe upon any person’s IP Rights. You represent and warrant to us that all course Content is your original work, or you have obtained the necessary licences, rights, consents or permissions to use such Content in your courses.

If we receive notice from a third party that a course you have listed on the Marketplace potentially infringes on their IP Rights (such as copyright):

1. we will notify you in writing;
2. we will investigate the validity of the third party claim by any means we consider appropriate in the circumstances;
3. if we are satisfied as that the claim is valid, we reserve the right to do the following:
  - hide the offending course from public view in the Marketplace pending further investigations and/or discussions with you;
  - delete the offending course and remove the listing from the Marketplace (which will have the same effect as if you had voluntarily deleted the course); or
  - such other actions which we consider appropriate in the circumstances.

8.2 Anti-Piracy

Our interests are aligned with yours in relation to the issue of piracy. We adopt modern and advanced methods of preventing piracy of your course Content by course purchasers and other persons. However, it is not possible to eliminate piracy.

Provided we take reasonable steps to prevent piracy, you acknowledge and agree that we are not responsible or liable to you or any other person if your course Content or other User Content is subject to piracy.

8.3 Use of our Branding

While you have a course listed in the Marketplace, we grant you a revocable, non-exclusive, non-transferable, worldwide licence to use our name and branding for the purpose of promoting your course Content on the Marketplace.

We will notify you from time to time which branding assets you may use. We reserve the right to require you to solely use the branding assets created by us.

You must not use our name or branding in a way that damages, or would be likely to damage, our reputation or goodwill, or otherwise infringes upon our IP Rights.

9. Deleting a Course

You may delete any course listing from the Marketplace at any time by giving us at least thirty (30) days’ written notice. We will remove the course listing from the Marketplace on or before the expiry of such period of notice.

If you delete a course, you acknowledge and agree that the deleted course will remain accessible by all course purchasers for a period of at least twelve (12) months after their respective dates of purchase.

The licence you grant us to Serve the relevant course Content will survive the expiry or earlier termination of our agreement with you and will automatically expire twelve (12) months after the date of purchase of the last sale of the course prior to deletion.

You further acknowledge and agree that we may charge you, and you must pay, the following for each deleted course:

1. for courses deleted within three (3) months of being listed on the Marketplace, a fixed course deletion fee of $2,500.00; and
2. a pro-rata amount of the Course Listing Fees which you would otherwise have paid if not for the deletion of the course, as determined by us in our discretion having regard to the following (as they relate to the deleted course):
  - the period of time for which the course has been listed;
  - any costs we have incurred;
  - any services we have provided to you; and
  - any other matters which we consider relevant.

We will issue you with a tax invoice for the above amount/s which you must pay to us in full within seven (7) days.