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Instructor T&C’s

These Instructor T&C’s were last updated 03, October 2020.

  1. Definitions:
  1. Gogi – Gogi Club (Pty) Limited
    1. Goji platform – website www.gojiclub.com
    1. Terms and Conditions -T&C’s
    1. Gogi member – customers who subscribe to instructor’s courses on Gogi platform
    1. Course – two or more training videos with a set goal such as ……
    1. Submitted Content – videos, training content, resources, and announcements of Services
    1. Services – providing training, rehabilitation, coaching, and instructional services

By registering to become an instructor with Gogi on Goji platform”), you agree to abide by the T&C’s.

  •  Instructor Obligations
    • As an instructor, you are responsible for all Submitted Content.
  • You warrant that:
  • you will provide and maintain accurate account information.
    • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Goji to use your Submitted Content as specified in these T & C’s
    • your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights.
    • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to provide personal training that you offer through your Submitted Content; and
    • you will respond promptly to Gogi members and ensure a quality of service that corresponds with the standards of the personal training industry.
  • You warrant that you will not:
    • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory content, or information.
    • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) the to any user or on the Submitted Content.
    • use the Gogi platform for any other purpose other than providing training, rehabilitation, coaching, and instructional services to Gogi members.
    • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording.
    • upload the Submitted Content to another platform.
  • License to Gogi
    • You grant Gogi the right to offer, market, and otherwise use your Submitted Content, and to sublicense it to Gogi members.  This includes the right to add captions or otherwise modify content to ensure accessibility.
    • Unless otherwise agreed, you will not remove all or any portion of your Submitted Content from the Gogi Platform at any time.
    • You hereby grant Gogi permission to use all or any part of your Submitted Content for marketing, promoting, demonstrating, or operating the Gogi platform.
  •  Policies
    • Instructors agree to abide by Goji’s course quality standards or policies prescribed by Gogi from time to time. Instructors should check these policies periodically to ensure compliance with any updates to them. Instructors understand that the use of the Gogi platform is subject to Goji’s approval, which we may grant or deny at our sole discretion.
    • Gogi reserves the right to remove courses, suspend pay-outs, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
      • an instructor or course does not comply with the T&C’s
      • a course falls below Gogi’s quality standards or has a negative impact on Gogi member’s experience;
      • an instructor engages in behaviour that might reflect unfavourably on Gogi or bring Gogi into public disrepute, contempt, scandal, or ridicule;
      • an instructor engages the services of a marketer or other business partner who violates Goji’s policies; or
      • as determined by Goji in its sole discretion.
  •  Co-Instructors and Teaching Assistants
  • As an instructor you are allowed to employ a co-instructor or teaching assistant. In these circumstances, the co-instructor or teaching assistant must comply with these T&C’s. The instructor and not Gogi will be responsible for the employment and payment of the co-instructor or teaching assistant.
  • Relationship with Gogi members
    • Instructors don’t have a direct contractual relationship with Gogi members.  The information of the Gogi members subscribed to the Submitted Content will be provided to the instructor. Instructors agree that they will not use Gogi member’s information for any purpose other than providing Services to those Gogi members on the Goji platform, and that you won’t solicit additional personal data or store Gogi member’s personal data outside the Goji platform. Instructors will indemnify Goji against any claims arising from the use of Gogi member’s personal data.

4. Pricing

  •  Price Setting
    • When creating a course (three or more training sessions), you will be prompted to select a price for your course. Alternatively, you may choose to offer your course for free or on promotion.
    • When a member purchases using a foreign currency, we will convert the relevant Price or into the member’s applicable currency using a system-wide foreign currency conversion rate set by Goji.
    • Instructors give us permission to share their courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased their courses. Instructors understand that they will not receive compensation in these cases.
  • Transaction Taxes
    • If a member purchases a product or service in a country that requires Goji to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple’s App Store or Google Play).
  • Payments
  • Revenue Share
    • When a member purchases your course, we calculate the gross amount of the sale as the amount received by Goji from the member (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, any referral coupon promotional discounts, a 15% Goji fee and 5% charity donation to calculate the net amount of the sale (“Net Amount“).
    • Your revenue share will be 80% of the Net Amount less any applicable deductions. If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email.
    • Goji makes all instructor payments South African Rands (ZAR) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees.
    •  Receiving Payments
      • For us to pay Instructors in a timely manner, they must own a bank account or  PayPal account in good standing and must keep us informed of the correct email associated with the account. Instructors must also provide any identifying information or tax documentation necessary for payment of amounts due, and agree that we have the right to withhold appropriate taxes from payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that Instructors are ultimately responsible for any taxes on their income.
      • Depending on the applicable revenue share model, payment will be made within 60 days of the end of the month in which (a) we receive the fee for a course
      • As an instructor, you are responsible for determining whether you are eligible to be paid by a South African company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
  • Refunds
    • Should a Gogi Member demand a refund for any reason, Goji will issue the member with credit. The instructor is liable to make payment to Goji or the amount of the course refunded will be subtracted from the amount owed to the instructor.
  • Deleting Your Account  
  • We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if members have previously enrolled in your courses; your name and that Submitted Content will remain accessible to those members after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us.
  • Indemnification
  • Instructors hereby indemnify Gogi for any harm, loss, damages suffered by a Gogi member as a result of the instructor’s Submitted Content.
  • Instructors hereby indemnity Gogi for any claim that may be made against Gogi by any third party for breach of Copyright or any intellectual property or of any claim whatsoever.
  1. Updating These T&C’s
    1. From time to time, we may update these T&C’s to clarify our practices or to reflect new or different practices (such as when we add new features), and Goji reserves the right in its sole discretion to modify and/or make changes to these T&C’s at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
    1. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised T&C’s shall supersede all previous T&C’s.
  1.  Relationship Between Us
    1. Instructors and Goji agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
  1.  Survival
    1. The following sections shall survive the expiration or termination of these T&C’s: Sections 2 (License to Goji), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal T&C’s).
  1. Variation
  1. No variation of these T & C’s will be valid unless reduced to writing and signed by both parties.