Teacher Agreement

Last updated on October 15, 2018

WELCOME TO PACAOM.COM. THE PACAOM PLATFORM (HEREAFTER AS THE “SITE ”). THE SITE IS OWNED AND OPERATED BY, PACAOM, LLC. (HEREAFTER “PACAOM”). PLEASE READ THESE TEACHER AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING PACAOM.COM AND ANY SERVICES OFFERED THROUGH PACAOM.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF PACAOM. FOR PURPOSES OF THIS AGREEMENT, "YOU" OR "TEACHER" MEANS THE PERSON USING THE SERVICE TO PROVIDE COURSES.

If you would like to register as a Teacher, this agreement contain the terms and conditions of Your participation as a Teacher via PacaOm's Services.

PacaOm is always looking for ways to improve the Site and the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of this Agreement. It is Your responsibility to return to this Agreement from time to time to review the most current Agreement.

  1. Account Eligibility
    1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. PacaOm may reject your use of service, or cancel an existing Account, for any reason, in our sole discretion.

    2. You acknowledge that PacaOm will use the email address you provide as the primary method for communication.

    3. You are responsible for keeping your password secure. PacaOm cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to immediately notify PacaOm of any unauthorized use of your password or any breach of security.

    4. You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. To provide courses on PacaOm platform you must provide and maintain valid payment information.

    5. The access rights granted to you under this Agreement are non-transferable without our express written consent.

    6. We reserve the right to refuse service to anyone, for any reason, at any time.

    7. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

    8. A breach or violation of any term in the Terms will result in an immediate termination of your services.

    9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by PacaOm, is governed by its Privacy Policy.

  2. PacaOm Rights
    1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

    2. We reserve the right to refuse service to anyone for any reason at any time.

    3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the services offered via PacaOm platform, or the Materials uploaded or posted to a course, violate these Terms of Service.

    4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any PacaOm customer, PacaOm employee or member will result in immediate Account termination.

    5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.

    6. You may not use the PacaOm service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.

    7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PacaOm.

  3. Teacher Obligations
    1. The courses that Teachers post in the listings must be courses of your own creation featuring your own Materials. By posting them with the listing, Teachers are each representing and warranting the posted courses and all materials do not infringe on anyone else’s copyright or intellectual property rights.

    2. The photos, images, videos, graphics, written content, audio files, information that you displayed on the site must be of your own creation (“Materials”). By posting them on the Site, you are each representing and warranting the posted Materials do not infringe on anyone else’s copyright or intellectual property rights.

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

    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;

    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. Teachers represent and warrant that they have obtained Customer’s authorization to send them e-mails for the Teacher’s marketing or promotional purposes.

    8. You will not impersonate another person or gain unauthorized access to another person's Account;

    9. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;

  4. Intellectual Property and Teacher Content
    1. We do not claim any intellectual property rights over the Materials you provide to the PacaOm service. All Materials you upload remains yours.

    2. By uploading Materials, you agree: to allow other internet users to view the Materials you post publicly to the platform; and that Shopify can, at any time, review all the Materials submitted to its Service, although PacaOm is not obligated to do so.

    3. You retain ownership over all Materials that you upload to PacaOm platform. You are responsible for compliance of the Materials with any applicable laws or regulations.

  5. PacaOm Service, Fees & Payments
    1. PacaOm reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. PacaOm reserves the right to alter this Agreement or other PacaOm policies at any time, so please review the policies frequently.

    2. Prices for using the Services are subject to change upon 30 days notice from PacaOm. Such notice may be provided at any time by posting the changes to the Site or the teacher portal of your PacaOm account via an announcement.

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

  7. Taxes
    1. 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, PacaOm 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. PacaOm may at its Own discretion increase the Sale Price where PacaOm is of the view that VAT may be due and PacaOm will have a liability to account for such. You will indemnify and hold PacaOm 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 (more information on taxes in South Korea and Japan here), 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). PacaOm is unable to provide You with tax advice and You should consult Your own tax advisor.

  8. Cancellation and Termination
    1. We reserve the right to modify or terminate the PacaOm Service or your Account for any reason, without notice at any time.

    2. If You wish to delete Your Teacher Account, email us to support@pacaom.com and then follow the specific instructions indicated to you in PacaOm’s response. 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).