Terms and Conditions for Instructors

Last updated: December 06, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.burmesehearts.com website (the “Service”) operated by BurmeseHearts (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an 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 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.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BurmeseHearts.

BurmeseHearts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BurmeseHearts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 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 do not agree to the new terms, please stop using the Service.

Instructor Terms & Conditions
Key Definitions
“Base Price” means the course price set by the Instructor.
“Base Currency” means the currency of the Base Price.
“Base Exchange Rate” means a system-wide rate used by the Company for foreign currency conversion and does not include any fee or mark-up by the Company. The rate is established using one or more third parties such as Open Exchange Rates and is fixed periodically (e.g. monthly) to prevent daily price fluctuations. 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.
“Sale Price” means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, the Company will determine the Sale Price based on the applicable Base Exchange Rate and Cost Adjustment Factor.
“Sale Currency” means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
“Cost Adjustment Factor” means applicable local taxes and other fees associated with currency conversions. In regions that use a common currency, e.g., the EU, the Cost Adjustment Factor uses a weighted average of country specific tax rates to ensure the same prices to end customers across the region.
“Net Amount” means the amount actually received from Students for Your Course, less any refunds paid, applicable sales or other taxes (VAT in EU), and any amounts paid in connection with Marketing Programs that You participate in.
Pricing
As an Instructor, You will be solely responsible for determining the Base Price You charge Students for Your Courses. You agree to charge only for Your own Submitted Content. The Company will handle billing and other fee interaction with Users. When the Sale Currency is different than the Base Currency, BurmeseHearts will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor.
If You choose to participate in any of the Company’s Marketing Programs, the fee You receive from the Company will be in accordance with the terms of the particular Marketing Program that applies to the sale of Your Course. Otherwise You will receive the following:
Generally, the Company will pay You fifty percent (50%) of the Net Amount received for Your Course. The Net Amount equals the amount actually received from Students for Your Course, less any refunds paid, applicable sales or other taxes (if any), applicable fees for mobile application sales from either the Apple App Store or Google Play, and any amounts paid in connection with Marketing Programs that You participate in. The Net Amount will typically be based on the Base Price, but Company reserves the right to increase or decrease the Base Price in connection with the Company’s marketing and promotional efforts (including through Marketing Programs).
You will be able to increase Your portion of the fee by promoting Your Courses by using a coupon code that You have requested BurmeseHearts by email at learn@burmesehesrts.com. For those Users that input Your coupon code at the time they enroll in Your Course, You will receive one-hundred percent (100%) of the Net Amount, less a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%).
You authorize the Company to perform the appropriate calculations, deduct and retain the transaction fee, and pay You the Net Amount as indicated above.
Marketing Programs include, but are not limited to, Company’s Deals Program and Marketing Boost Program. You acknowledge that the amounts paid for Marketing Programs are not fixed, and the Company has the sole discretion to determine those amounts and which Courses to offer as part of Marketing Programs. Further, the Company does not guarantee any minimum level of success in connection with any Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. As part of Your participation in Marketing Programs, You give Us permission to share Your Course, and information about You and the Course with BurmeseHearts employees and selected partners, for which you will not receive compensation. If You do not wish to participate in Marketing Programs, log into Your account and opt out of them.
Agreement
As an Instructor you are contracting directly with BurmeseHearts, a ccompany in the Myanmar. Instructors do not have a direct contractual relationship with Users. Additionally, although we may utilize other BurmeseHearts subsidiaries to facilitate your payments, your contract remains between you and BurmeseHearts.

Payments
Users are entitled to refunds pursuant to Our general Terms of Service and You agree that Company may deduct such refunds from subsequent amounts owed to You. Company will issue remit to You any amounts remaining after the foregoing deductions and adjustments, in MMK. So that Company can pay you in a timely manner, you must have a PayPal and/or Bank account in good standing and keep BurmeseHearts apprised as to the correct email address associated with your PayPal account. Payment will be made within forty-five (45) 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.
Taxes
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, BurmeseHearts 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. BurmeseHearts may at its own discretion increase the Sale Price where BurmeseHearts is of the view that VAT may be due and BurmeseHearts will have a liability to account for such. You will indemnify and hold BurmeseHearts harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
All other countries
For sales of any of Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). BurmeseHearts is unable to provide you with tax advice and You should consult your own tax advisor.

Optional Marketing Programs
BurmeseHearts Optional Marketing Program(s) for Paid Courses
1. BurmeseHearts Deals Program: Targeted Price Testing to Drive Sales of Your Course(s)
The “BurmeseHearts Deals Program” is the BurmeseHearts Marketing Program that utilizes highly segmented discounting via email and other channels designed to price test and find the optimal price for Your Course(s). Typical deals offered under the BurmeseHearts Deals Program include both Percentage Promotions (e.g., 50% off) as well as Fixed-Price Promotions (e.g., $10, $19 or $29 deals).
BurmeseHearts Deals Programs Terms & Conditions:
BurmeseHearts Deals Program offers may be promoted Products the Site, or third party websites. BurmeseHearts Deals Program offers are typically available for less than a month, but You acknowledge that the actual duration and amount discounted may vary.
BurmeseHearts Deals Programs come in two primary formats:
Percentage Promotions: By participating in Percentage Promotions, You agree that We may offer Your Course(s) in limited time deals and price tests for a discount of up to and including 75% off the Base Price.
Fixed-Price Promotions: By participating in Fixed-Price Promotions, You agree that We may offer Your Course(s) in limited time deals and price tests for a Sale Price that will be less than the Base Price, but will not fall below $10. Unlike Percentage Promotions, the Sale Price may represent a discount exceeding 75% depending on the applicable Base Price.
By participating in the BurmeseHearts Deals Program, You acknowledge that Your revenue share may vary, but will be 50% of Net Amount in most cases.
2. BurmeseHearts Marketing Boost Program: A Multi-Channel Marketing Program to Drive Sales of Your Course
BurmeseHearts has a network of many of partner sites (“Affiliates”) and established relationships with third-party deal sites (“Deal Partners,” and with Affiliates, “External Partners”). We also have an entire team dedicated to using advanced digital marketing tactics (such as paid advertising) that spends hundreds of thousands of MMK marketing instructor courses each month! The “BurmeseHearts Marketing Boost Program” is the BurmeseHearts Marketing Program that promotes Courses through Affiliates and Deal Partners.
There is no upfront cost to put this full-scale marketing attack to work selling Your Course(s), and it’s a terrific way to increase exposure and sales.
BurmeseHearts Marketing Boost Program Terms & Conditions:
When an External Partner promotes Your Course, a portion of the fee for each Student that the External Partner refers to Your Course will be paid to the External Partner.
When BurmeseHearts, at its option, purchases and places advertisements for Your Course on third party websites, and tracks the resulting sales through appropriate means (including, but not limited to, tracking pixels, cookies and the like) (“Paid Advertising”), there will be fees associated with such activities.
By participating in the BurmeseHearts Marketing Boost Program, You agree that BurmeseHearts: (i) may employ External Partners and Paid Advertising to promote Your Courses; and (ii) may deduct External Partner fees or Paid Advertising fees before calculating the amount remitted to you. You acknowledge that Your revenue share may vary, but will be 25% of Net Amount in most cases.
3. BurmeseHearts For Business Content Subscription: An Opportunity to Join a Select Group of Courses Offered to BurmeseHearts’s Corporate Customers
BurmeseHearts is pleased to invite You to join its “Content Subscription Program,” in which select Courses are offered in a bundled monthly subscription offering to BurmeseHearts’s corporate or enterprise customers (“Enterprise Customers”). Although not all of Your Course(s) will be included in the Content Subscription Program, the Content Subscription Program is a terrific way to be a part of BurmeseHearts’s growing business-to-business offering and generate incremental revenue.
Content Subscription Program Terms & Conditions
By participating in the Content Subscription Program, You agree to make all of Your Course (s) eligible for inclusion in the Content Subscription Program offerings. BurmeseHearts may elect which of Your Courses to include in the specific Content Subscription Program for an Enterprise Customer, and may change the selection of Courses in each Content Subscription Program from time to time, in its sole discretion, in response to the needs and requests of Enterprise Customers. The Sale Price for Courses included in the Content Subscription Program are at Company’s discretion.
You understand and agree that by participating in the Content Subscription Program, You may not unpublish or make your courses private during the term of your participation.
Termination
You may elect to terminate Your participation in the Content Subscription Program at any time. BurmeseHearts will cease to offer Your Course(s) as a part of the Content Subscription Program within 6 months of termination. Thereafter, Your Course(s) will no longer be offered to new Enterprise Customers as part of the Content Subscription Program, but any Enterprise Customer which purchased a Content Subscription Program while Your Course(s) were included will continue to be able to access and enroll in those Course(s) for as long as they remain a paying Enterprise Customer.
Fees Earned
You will earn fees for all enrollments in Your Course(s) offered through the Content Subscription Program. These fees will be calculated as follows:
Each month, BurmeseHearts will calculate the Net Amount from all Enterprise Customers attributed to the Content Subscription Program (“Total Amount”).
BurmeseHearts will track the total number of whole minutes when all Students in a Content Subscription Program are viewing any Course (“Aggregate Minutes”), and the percentage of the Aggregate Minutes that Your Course(s) are viewed (“Your Percentage”).
Your fee for Your Course(s) offered in that Content Subscription Program will be 50% of Your Percentage of the Total Amount for that Content Subscription Program.
Any fees under the Content Subscription Program will be paid according to the standard payment terms.