Last updated: November 1, 2023
Welcome to Teach Exchange (the "Platform"), operated by Teach Exchange Inc. ("we," "us," or "our"). By accessing or using our Platform at https://www.teachexchange.ca, you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using our Platform.
If you do not agree to these Terms, please do not use our Platform. By accessing or using our Platform, you represent that you have read, understood, and agree to be bound by these Terms.
In these Terms, the following definitions apply:
To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you are at least 18 years old.
4.1 Ownership of Content: You retain all ownership rights to the Content you upload to the Platform. Nothing in these Terms transfers ownership of your Content to Teach Exchange or any other user.
4.2 License to Teach Exchange: By uploading Content to the Platform, you grant Teach Exchange a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, modify, and distribute your Content solely for the purpose of operating, promoting, and improving the Platform, and to sell your Content to other users on your behalf. This license exists only for as long as your Content remains on the Platform.
4.3 Authorization to Sell: By uploading Content to the Platform, you expressly authorize Teach Exchange to sell your Content to other users on your behalf and to collect payment for such sales, including any applicable Platform Fee.
4.4 Representations and Warranties: You represent and warrant that:
5.1 Platform Fee for Free Members: For Free Members, Teach Exchange will collect a Platform Fee of 20% of the sale price for each sale of your Content. By uploading Content as a Free Member, you expressly authorize Teach Exchange to collect this fee from the proceeds of sales of your Content.
5.2 Platform Fee for Premium Members: Premium Members are not subject to the Platform Fee and will receive 100% of the sale price for each sale of their Content, subject to payment processing fees.
5.3 Payment Processing: All payments are processed through our secure payment processors. Payment processing fees may apply and are separate from the Platform Fee.
5.4 Withdrawals: Members may withdraw their earnings according to our withdrawal policy, which may include minimum withdrawal amounts and processing times.
5.5 Taxes: You are responsible for all taxes associated with your use of the Platform and the sale of your Content. Teach Exchange is not responsible for withholding or paying any taxes on your behalf.
You agree not to upload, share, or sell Content that:
You further agree not to:
We reserve the right to suspend or terminate your account and access to the Platform at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
Upon termination, your right to use the Platform will immediately cease, and we may delete or remove your Content from the Platform. However, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8.1 Disclaimer of Warranties: THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEACH EXCHANGE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM.
You agree to indemnify, defend, and hold harmless Teach Exchange and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be conducted in English and shall take place in Toronto, Ontario, Canada.
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
If you have any questions about these Terms, please contact us at support@teachexchange.ca.