Terms And Policies
ZilLearn’s Services (as defined below) are provided by ZilLearn, Inc. incorporated in the United States of America (“USA“), unless otherwise specified. The General Terms and ZilLearn’s policies, including the Copyright, Trademark and Intellectual Property Policy, Privacy Policy, Cookie Policy and Trust and Safety Policy govern your access and use of the Services at all times, in addition to the Service-Specific Terms of Use, which will apply to you only in respect of those specific Services you are accessing and using (collectively, “Terms and Policies”). For instance, if you are accessing and using the Services as a Course Creator (as defined below), you will abide by the ZilLearn Creator Studio Terms of Use (as the applicable Service-Specific Terms of Use) as well as the General Terms and ZilLearn’s policies. For more information, please see https://about.zillearn.com.
By accessing and using ZilLearn’s Services, you acknowledge and agree to comply with and be bound by these Terms and Policies. The terms “ZilLearn”, “we”, “us”, and “our” refer to ZilLearn, Inc.. The term “You” or “your” refers to the institution, entity or individual who is accessing and using ZilLearn’s Services pursuant to these Terms and Policies.
Notwithstanding the foregoing, your contracting entity and governing law may be determined based on your location and/or the specific ZilLearn’s Services you are accessing and using. For instance, when you purchase ZilLearn Skills Subscription (as defined below), you are contracting with ZilLearn Pte. Ltd., incorporated in Singapore. You will comply with the applicable Terms and Policies associated with your purchase, access and use of ZilLearn Skills Subscription, as governed by the laws of the Republic of Singapore. Please read these Terms and Policies carefully before accessing and using any of the Services.
The key definitions that apply on the Services are described below:
- Learners: Institutions, entities or individuals who sign up with ZilLearn to access and use Courses (as defined below) on the Platform and to provide Content (as defined below) anywhere on the Services;
- Course Creators: Institutions, entities or individuals who sign up with ZilLearn to provide Courses on the Platform and to provide Content anywhere on the Services;
- Visitors: Institutions, entities or individuals accessing and using the Services in the course of browsing, without or prior to signing up with ZilLearn;
- Users: Institutions, entities or individuals who sign up with ZilLearn to access and use any of the Services, as well as provide Content anywhere on the Services, who may include Learners, Course Creators and Visitors on the Services;
- Courses: Instruction, tutoring and learning services, comprising lesson plans or outlines, attachments, hyperlinks, activities, quizzes, questions, descriptions and announcements that are created, uploaded, embedded, inserted, published, posted, submitted or otherwise made available by Course Creators as instruction, tutoring and learning services offered to Learners, on and/or outside of the Platform, as (i) Online Courses, (ii) Onsite Courses, (iii) Webinars, or (iv) Training Bundles. Any reference made to Courses (or to a Course) throughout these Terms and Policies shall refer to any one or more of these Course-types unless a specific Course-type is expressly referenced;
- Content: Courses, data and any other information, including without limitation, attachments, hyperlinks, answers, responses, discussions, descriptions, announcements, ratings, reviews and feedback that are created, uploaded, embedded, inserted, published, posted, submitted or otherwise made available by ZilLearn, our affiliates, partners, agents and Users anywhere on the Services;
- Channels: A profile page on the Platform for Users when they sign up with ZilLearn. For Course Creators, this is also where they can locate the Courses they have published and make administrative changes to the listing as needed;
- ZilLearn Learning Network: The homepage on the Platform which allows Learners to browse, search, access and use Courses, free-of-charge or for a fee. Learners have lifetime access to paid individual Courses for as long as ZilLearn has the appropriate license to continue providing such access, or a twelve (12) month or otherwise specified period of unlimited access and use to the Courses available via ZilLearn Skills Subscription (as defined below);
- ZilLearn Creator Studio: A centralized depository on the Platform which allows Course Creators to create and publish Courses, free-of-charge or for a fee, locate the Courses they have drafted, archived, created and published, as well as gather information about their Learners in each Course;
- ZilLearn Skills: An array of skills assessment tools on the Platform available to Users free-of-charge, which allows Users to identify their upskilling and reskilling needs by uploading their resumes for a skills gap evaluation, as well as to chart and track their personalized learning journey based on course recommendations in response to their career advancement aspirations;
- ZilLearn Skills Subscription: A learning subscription plan (formerly known as ZilLearn Plus) with three (3) plan options (Plus, Gold and Platinum) that is paid at the start of the subscription period;
- Services: The Website, Platform and any other services and functionalities available to Users, comprising ZilLearn’s proprietary and third party applications, software and codes used to host, transmit, process and enable (i) Learners to learn Courses via ZilLearn Learning Network; (ii) Course Creators to create and publish Courses via ZilLearn Creator Studio; (iii) Learners to connect with Course Creators regarding the access and use of Courses; (iv) Users to make use of skills assessment tools via ZilLearn Skills; (v) Users to connect with other Users via Channel walls; and (vi) Users to connect with ZilLearn regarding the access and use of Services.
A. GENERAL TERMS
1. Modifications of Terms and Policies
ZilLearn reserves the right at any time, in our sole and absolute discretion, to modify our Terms and Policies by posting the changes on our Services. Changes become effective immediately after posting on our Services. For any material changes to these Terms and Policies, we will take reasonable steps to notify you in advance of such changes. In all cases, your continued access and use of the Services after publication of such changes, with or without notification, constitutes binding acceptance by you of these modified Terms and Policies. Notwithstanding the foregoing, no revision to these Terms and Policies will apply to any disputes between you and ZilLearn that arose prior to the date of such revision.
Please contact us if you have any questions about our Terms and Policies. If you wish to contact us, please raise a ticket here.
2. User Accounts
2.1. Capacity and Authority
Access and use of the Services are restricted to individuals at least eighteen (18) years of age, or those who possess legal parental or guardian consent, and are fully able and competent to enter into and be bound by these Terms and Policies. By accessing and using the Services, you represent and warrant that (i) if you are an individual accessing the Services on your own behalf, you are at least eighteen (18) years of age, or in possession of consent by a legal parent or guardian and have the authority to enter into and be bound by these Terms and Policies; or (ii) if you are accessing and using the Services on behalf of an entity (such as in the course of your employment), you have authority to act on behalf of such entity to bind the entity to these Terms and Policies.
2.2. User Account Terms
In order to access and use the Services, you will register for a personal account by providing your name, a valid email address and password (“User Account”).
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your User Account, including username and password, and for all activities associated with or occurring under your User Account, where applicable. You must notify us immediately on learning of any unauthorized use of your User Account or any other breach of security. We may request some information from you to confirm that you are the owner of your User Account. Subject to these Terms and Policies and to the extent permissible under applicable laws, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your User Account, either with or without your knowledge, prior to you notifying us of unauthorized access to your User Account.
You further acknowledge and agree that you will not divulge or share access or information in respect of your User Account with any third party for any reason. Your User Account is non-transferable and no one else but you may access and use your User Account. In the event that you allow a third party, including a natural person who is a minor, to access and use your User Account (“Unauthorized User”), you represent and warrant that you will be fully responsible and liable for all actions of such Unauthorized User, including the consequences of all actions on the part of the Unauthorized User who breach these Terms and Policies.
You also acknowledge and agree that you will create, use and access only one User Account, and that you will not access the Services using multiple User Accounts. You represent and warrant that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete, failing which, we reserve the right at any time, in our sole and absolute discretion, to terminate, suspend or restrict your access and use of the Services.
2.3. Deletion of User Account
You may request to delete your User Account at any time, except where there are paid Learners enrolled in any of your Courses. If you need to delete your User Account, please contact us by raising a ticket here. It may take up to thirty (30) days from the point we receive your deletion request to have your User Account deleted.
3. Communications from ZilLearn
By accessing and using the Services, you acknowledge and agree that ZilLearn may communicate with you electronically, by posting a notice on the Services or sending an email to you, regarding security, privacy or administrative issues in respect of your access and use of the Services or these Terms and Policies.
4. Relationships on the Services
As a User on the Services, you acknowledge and agree that no direct licensing relationship is established between you, our affiliates, partners, agents and other Users when you access and use Courses on the Platform as a Learner, provide Courses on the Platform as a Course Creator, provide Content anywhere on the Services, or access and use any other Services. Any such direct licenses will be deemed null and void and a violation of these Terms and Policies.
Instead, it is ZilLearn (and where applicable, the relevant affiliate, partner, agent or User, via a sublicense granted to ZilLearn) that is providing you with a limited term, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use any of the Content or Services. Likewise, it is ZilLearn (via a sublicense granted by you) that is providing our affiliates, partners, agents and other Users with a limited term, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use your Content.
ZilLearn reserves the right to modify or revoke any license granted to you to access and use any of the Content or Services without prior notice in the event that we determine, in our sole and absolute discretion, that your access and use of any of the Courses or Services is in violation of these Terms and Policies.
5. Content and Behavior Rules
You acknowledge and agree to access and use the Services in accordance with these Terms and Policies.
You will not provide any Prohibited Content or engage in any Prohibited Behavior on the Platform or anywhere on the Services, as detailed in our Trust and Safety Policy here.
ZilLearn reserves the right at any time, in our sole and absolute discretion, to remove any Prohibited Content, or to terminate, suspend or restrict your access and use of any Services, if you provide Prohibited Content or engage in Prohibited Behavior on the Platform or anywhere on the Services.
6. License to ZilLearn
With respect to Content that you provide on the Platform or anywhere on the Services, and subject to these Terms and Policies, you acknowledge and agree that you will irrevocably permit ZilLearn (and our affiliates, partners, agents and other Users, via a sublicense granted by ZilLearn) the unfettered right to use, copy, transmit, translate, transform, transfer, sublicense, reproduce, redistribute, reauthorize, assign, promote, publicly perform, publicly display, modify, adapt, edit, create derivative works, reverse compile, reverse assemble, sell, rent, lend or otherwise commercially exploit such Content in accordance with the purposes for which it was provided, and for as long as it remains on the Platform or Services.
We may record all or any part of your Content for purposes of quality control, offering, delivering, marketing, promoting, demonstrating or operating the Services, or making enhancement to the Services for better accuracy and improved performance. By providing Content, you further acknowledge and agree that you will irrevocably permit ZilLearn (and our affiliates, partners, agents and other Users, via a sublicense granted by ZilLearn) the unfettered right to use your trademark, service mark, logo, name, likeness, voice and image for the agreed purposes.
To the extent that you provide Content, you represent and warrant to ZilLearn (and our affiliates, partners, agents and other Users) the following:
- You have all the necessary rights, licenses and clearances to provide such Content and permit ZilLearn (and our affiliates, partners, agents and other Users, via a sublicense granted by ZilLearn) to access and use such Content, and that you irrevocably waive any rights of privacy, publicity, copyright, trademark and intellectual property rights or other rights of a similar nature, to the extent permissible under applicable laws, in respect of such access and use;
- You will be responsible for the payment of any third party fees in respect of your provision of such Content;
- Such Content is accurate and reasonably complete;
- Such Content does not infringe or misappropriate any third party rights of privacy, publicity, copyright, trademark and intellectual property rights or other rights of a similar nature;
- Such Content does not constitute fraudulent statements, misrepresentations or unfair business practices; and
- Such Content does not contain information that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties.
Unless otherwise agreed, ZilLearn (and our affiliates, partners, agents and other Users) do not claim any copyright, trademark or intellectual property rights over your Content. You have the right to remove any of your Content from the Platform or Services at any time, except where there are paid Learners who have enrolled in the corresponding Courses. In such instances, you may elect to archive the Content instead so that it will immediately be unavailable to Learners who have not paid for it. Those who have paid will continue to have access and use of the archived Content. This is necessary to allow us to uphold the lifetime access guarantee we are providing to Learners for Courses they have paid.
In other instances, if you need to remove any of your Content with no paid Learners enrolled in the corresponding Courses, please contact us by raising a ticket here. It may take up to thirty (30) days from the point we receive your removal request to have the Content removed. Pending such removal, you may elect to archive the Content such that it will immediately be unavailable to all Learners (existing and new). If you elect not to archive, the Content will remain available to all Learners until it is fully removed.
7. Disclaimers
The Services are provided on an “as is” and “as available” basis using reasonable care and skill. You acknowledge and agree that your access and use of the Services is entirely at your own discretion and risk. ZilLearn (and our affiliates, partners, agents and other Users) make no representation or warranty about the suitability, reliability, availability, timeliness, security, completeness or accuracy of the Services, and expressly disclaim any warranties (express or implied), including implied warranties of merchantability, fitness for a particular purpose, as well as non-infringement of any copyright, trademark or intellectual property rights. ZilLearn (and our affiliates, partners, agents and other Users) make no representation or warranty that you will obtain specific results from your access and use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Use of any information downloaded or generated from the Services, as well as accessing hyperlinks included in the Services to third party websites, data or resources maintained or controlled by entities other than ZilLearn (and our affiliates, partners, agents and other Users) will be at your own discretion and risk. You acknowledge and agree that ZilLearn (and our affiliates, partners, agents and other Users) will not be responsible whatsoever for any harm suffered by you in any way due to any third party websites, data or resources, even where they are accessed from, or referred or linked to such websites, data and resources by the Services. You further acknowledge and agree that ZilLearn (and our affiliates, partners, agents and other Users) will not be responsible for the availability of such third party websites, data and resources, do not endorse any advertisement, product, service or material on or available from such websites, data or resources and are not liable for any loss or damage which may be incurred by you as a result of the availability of those websites, data or resources, or as a result of any reliance placed by you on the suitability, reliability, timeliness, security, completeness, accuracy, merchantability, fitness for a particular purpose, as well as non-infringement of any copyright, trademark or intellectual property rights of those websites, data or resources, or any advertisement, product, service or material on or available from such websites, data or resources.
You will connect to the Services using any supported internet browser and be solely responsible for obtaining access to the internet and the equipment necessary to access and use the Services, as well as any associated fees and costs. You acknowledge and agree that you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data, or any liability associated with your access and use of the Services or any such information downloaded or generated from the Services. In particular, you acknowledge and agree that no advice or information, whether written or oral, obtained by you from the Services, will create any representation or warranty by ZilLearn (or our affiliates, partners, agents or other Users) not expressly stated in these Terms and Policies.
ZilLearn reserves the right in our sole and absolute discretion, to cease making available certain features of the Services, make any changes to the Services or discontinue their availability, without prior notice or the need to provide you with any reasons whatsoever, and that we will not have any liability to you whatsoever for any such action. You acknowledge and agree that under no circumstances will ZilLearn (or any of our affiliates, partners, agents or other Users) be held liable for such interruptions or lack of availability of such Services.
We will also not be responsible for delay or failure of our performance in any of the Services caused by events beyond our reasonable control (including without limitation, wars, hostilities or sabotages, natural disasters, electrical, internet or telecommunication outages and government restrictions).
8. Limitation of Liability
You acknowledge and agree that ZilLearn (and our affiliates, partners, agents and other Users) will not be liable to you for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, or for any losses or damages arising from claims for defamation, errors, loss of data or interruption of data or personal data breach, loss of revenue, loss of business, whether based on contract, tort, statutory or other law, and whether or not even if ZilLearn (and our affiliates, partners, agents and other Users) have been advised or should have been aware of the possibility of such losses or damages, arising out of or relating to (i) any of these Terms and Policies; (ii) your access and use of or inability to access and use the Services; (iii) your reliance on information generated from the Services, including without limitation, reports, graphs, tables, charts, data, job and course listings, job and course matches, statements, assertions, predictions, recommendations, referrals, guidance or advice; (iv) any third party product, service, report or publication derived in part or in whole or otherwise citing, referencing or making use of the Services or the generated information thereof; (v) any interaction between you and any third party which you share the information generated from the Services with, who may rely on such information for any decision-making; (vi) any transaction between you and any advertiser whose advertisement may appear on the Services; (vii) any changes which ZilLearn may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); or (viii) the deletion of, corruption, or failure to store any information maintained or transmitted through your access and use of the Services. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the limitations may not apply to you.
In no event will the total liability of ZilLearn to you in any calendar year for all losses, damages and causes of action exceed, in the aggregate, the total amount paid by you to ZilLearn for products and services purchased during such calendar year (“Stated Limit“). You acknowledge and agree that insofar as such liability for supply of Services may not be excluded, then to the maximum extent permitted by applicable laws, such liability is limited, at ZilLearn’s exclusive option (“Supply Option“), to (i) resupply of the Services; or (ii) payment of the cost of having the Services supplied again. For the avoidance of doubt, the Supply Option may be exercised by us as an alternative to but not in addition to the Stated Limit.
Nothing in these Terms and Policies will exclude or limit liability for death or personal injury caused by the negligence of ZilLearn (and our affiliates, partners, agents and other Users).
9. Indemnity
You acknowledge and agree to indemnify, defend and hold harmless ZilLearn (and our officers, directors, agents, employees and assignees), our affiliates, partners, agents and other Users (and their respective officers, directors, agents, employees and assignees) from any and all claims, liabilities, expenses, losses and damages, including reasonable legal costs, made by any third party relating to or arising out of (i) your access and use of the Services in violation of these Terms and Policies; (ii) your access and use of the Services in violation of any law; or (iii) your Content in violation of any copyright, trademark or intellectual property right infringement.
10. Governing Law and Jurisdiction
ZilLearn’s Services are managed by ZilLearn, Inc., incorporated in the USA. Both ZilLearn, Inc. and you acknowledge and agree that any disputes arising out of or relating to these Terms and Policies, whether based on contract, tort, statutory or other law, will be governed by the laws of the State of Delaware, and that both ZilLearn, Inc. and you acknowledge and agree to submit to the exclusive jurisdiction of the courts for the State of Delaware.
Notwithstanding the foregoing, when you purchase ZilLearn Skills Subscription, you are contracting with ZilLearn Pte. Ltd., incorporated in Singapore. Both ZilLearn Pte. Ltd. and you acknowledge and agree that any disputes arising out of or relating to these Terms and Policies, whether based on contract, tort, statutory or other law, will be governed by the laws of the Republic of Singapore, and that both ZilLearn Pte. Ltd. and you acknowledge and agree to submit to the exclusive jurisdiction of the courts for the Republic of Singapore.
B. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY POLICY
1. Proprietary Material and Trademarks
The Services contain, without limitation, applications, software, codes, graphics, images, texts, layouts, arrangements, displays, illustrations, audio clips, video clips, presentation slides, HTML files, hyperlinks and any other materials protected by copyrights or other proprietary rights and laws, owned by ZilLearn (and our affiliates, partners, agents and Users) (collectively, “Proprietary Material“). Any use of such Proprietary Material other than as authorized by ZilLearn (and our affiliates, partners, agents and Users, via a sublicense granted to ZilLearn) is expressly prohibited without the prior written approval of ZilLearn (and where applicable, the relevant affiliate, partner, agent or User).
The trademarks, service marks, logos, names, likenesses, voices and images (collectively, “Trademarks”) used and displayed on our Services are the registered or unregistered Trademarks of ZilLearn (and our affiliates, partners, agents and Users), and are protected pursuant to the USA or foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them (in connection with or to transmit any unsolicited communications or emails, or in any other manner) without the prior written approval of ZilLearn (and where applicable, the relevant affiliate, partner, agent or User).
2. Use of Proprietary Material
You acknowledge and agree that you will download from the Services for use within the Services only Proprietary Material which ZilLearn (and where applicable, the relevant affiliate, partner, agent or User, via a sublicense granted to ZilLearn) has authorized you to download in accordance with these Terms and Policies and only for such use as may be authorized by ZilLearn (and where applicable, the relevant affiliate, partner, agent or User, via a sublicense granted to ZilLearn). Unless expressly authorized otherwise, you may not use, copy, transmit, translate, transform, transfer, sublicense, reproduce, redistribute, reauthorize, assign, promote, publicly perform, publicly display, modify, adapt, edit, create derivative works, reverse compile, reverse assemble, sell, rent, lend or otherwise commercially exploit any Proprietary Material for use within or outside of the Services.
Your further acknowledge and agree not to use any Proprietary Material in any way that is misleading, disparaging or otherwise detrimental to ZilLearn’s (and our affiliates’, partners’, agents’ and other Users’) goodwill, including in connection with any obscene, indecent or unlawful content, or indicating or suggesting that ZilLearn (or any of our affiliates, partners, agents or other Users) endorses, sponsors or otherwise approves of any of those content.
We reserve the right at any time, in our sole and absolute discretion, to require that you discontinue your use of any Proprietary Material, if it is believed that you are abusing the use of such Proprietary Material.
3. Infringing Content
If you believe that any Content provided on the Platform or anywhere on the Services infringes your copyright, trademark or intellectual property rights, please submit a report by raising a ticket here.
The report should contain the following details:
- Details of the copyright, trademark or intellectual property;
- Evidence of your ownership or exclusive licensing. ZilLearn will only be able to process claims that are submitted by the owner or exclusive licensee of such copyright, trademark or intellectual property; and
- Information on the allegedly infringing Content.
Please note that in many jurisdictions, it is an offense to submit a false or misleading claim of copyright, trademark or intellectual property right infringement.
For instance, on receiving a report from you regarding an allegedly infringing Course content provided by a Course Creator:
- we may request for specific supporting document from you;
- if the infringement is confirmed, (i) we will immediately suspend the Course so that it will no longer be viewable or accessible by Learners (existing or new); (ii) we will inform the Course Creator, who will then be given an opportunity to amend the Course, after which it can be moderated and made available to Learners again if it no longer contains any infringing content; and (iii) depending on the severity of the violation or the past behavior of the Course Creator, appropriate penalties will be imposed, as detailed in our Trust and Safety Policy here;
- if the infringement is not confirmed, we will perform further investigations, including contacting you for any additional evidence you can provide; and
- if there is no conclusive evidence of wrongdoing by the end of our investigation (which may take up to seven (7) days from the point we receive your report), we will inform you in writing of the outcome.
C. PRIVACY POLICY
ZilLearn is committed to protect the privacy of our Users and recognizes the importance of the personal information you have entrusted to us and believe that it is our responsibility to properly protect, manage, process and disclose your personal information. Our Privacy Policy can be found here.
In accessing and using the Services, you acknowledge and agree to abide by our Privacy Policy.
D. COOKIE POLICY
We use cookies on our Services to help us recognize you and your device, and store information about your preferences and past actions. We also use other tracking technologies to notify us when you click on a link in our promotional email that directs you to our Services and to monitor how you use our Services. Our Cookie Policy can be found here.
In accessing and using the Services, you acknowledge and agree to abide by our Cookie Policy.
E. TRUST AND SAFETY POLICY
ZilLearn is committed to create a safe environment for our Users when accessing and using the Services. Our Trust and Safety Policy can be found here.
In accessing and using the Services, you acknowledge and agree to abide by our Trust and Safety Policy.
In accessing and using the Services, you acknowledge and agree to abide by our Cookie Policy.
F. SERVICE-SPECIFIC TERMS OF USE
This section covers the Terms of Use for each of the core Services ZilLearn operates, namely, ZilLearn Learning Network, ZilLearn Creator Studio and ZilLearn Skills. By accessing and using any of these Services, you acknowledge and agree to be bound by the applicable Terms of Use specific to the Services you are accessing and using.
1. ZILLEARN LEARNING NETWORK TERMS OF USE
1.1. Purchasing of Individual Courses
1.1.1. Pricing of Individual Courses
- For individual Courses hosted and sold by ZilLearn on the platform: ZilLearn’s default and only sale currency is the United States Dollar (“USD”), in which all such individual Courses on the Platform will be published and displayed. Payment of these individual Courses will be made in the displayed currency.
- For individual Courses hosted (but not sold) by ZilLearn on the Platform: Such individual Courses will not have their selling prices displayed on the Platform. Payment for these individual Courses will be made directly to the Course Creators, outside of the Platform, where you will be redirected accordingly to complete your purchases.
1.1.2. Transaction Taxes for Purchase of Individual Courses
If you elect to purchase an individual Course, then you agree to be responsible for the payment of the Course fee and any applicable transaction tax associated with such access and use.
ZilLearn works with a third party digital sales cross-border transaction tax compliance service provider (“Transaction Tax Provider”) to ensure Value-Added Tax (“VAT”), Goods and Services Tax (“GST”), Sales Tax or other similar taxes (collectively, “Transaction Taxes”) compliance for the invoicing of individual Courses purchased via the Web Platform. For individual Courses purchased via the Platform iOS App or Android App, the respective App Stores will be responsible for ensuring such compliance. We have no control over the Transaction Tax Provider and respective App Stores and accept no legal responsibility or liability for the services that they provide.
Details of the Transaction Tax Provider and a link to their tax solutions can be found here.
Details of the iOS App Store and a link to their tax information for in-app purchases can be found here.
Details of the Android App Store and a link to their tax information for in-app purchases can be found here.
1.1.3. Payments for Individual Courses
ZilLearn works with a third party payment processing service provider (“Payment Provider”) which allows you to make payment for the individual Courses you purchase via the Web Platform using a variety of payment methods. Your use of the payment processing service will be subject to the Payment Provider’s terms and conditions of service. For individual Courses purchased via the Platform iOS App or Android App, the respective App Stores will be responsible for making the payment processing service available to you. We have no control over the Payment Provider and respective App Stores and accept no legal responsibility or liability for the services that they provide.
You may elect to pay in your local currency at the point of purchase if this option is available for your payment method, as determined by the Payment Provider and respective App Stores, including the applicable currency conversion rates, and subject to their terms and conditions.
When making a purchase for any individual Course, you acknowledge and agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to use the individual Course on the Platform, you acknowledge and agree to pay the corresponding fee within thirty (30) days of notification from ZilLearn. We reserve the right at any time, in our sole and absolute discretion, to disable your access and use of any individual Course for which we have not received adequate payment.
Details of the Payment Provider and a link to their terms and conditions of service can be found here.
Details of the iOS App Store and a link to their payment terms for in-app purchases can be found here.
Details of the Android App Store and a link to their payment terms for in-app purchases can be found here.
1.1.4. Refunds for Individual Courses Purchased
ZilLearn offers Learners a thirty (30)-day guarantee on individual Courses (applicable to Online Courses only; all other Course-types are not eligible) purchased via the Web Platform. This guarantee period of refund (“Refund Period”) commences on the date you paid for access and use of the individual Course and applies, provided you have not downloaded any of the Course content for offline learning, or accessed and used more than forty percent (40%) of the Course content.
For individual Courses purchased via the Platform iOS App or Android App, the Refund Period is determined by the refund policy of the respective App Stores. You will need to contact the respective App Stores for a refund. We cannot refund any payment you have made via the Platform iOS App or Android App.
Details of the iOS App Store and a link to their refund terms for in-app purchases can be found here.
Details of the Android App Store and a link to their refund terms for in-app purchases can be found here.
To activate a refund for any individual Course purchased via the Web Platform, you must do so during the Refund Period and there must be proof of a valid or authorized ZilLearn invoice that has been issued to you for the purchase. If you need our help to activate a refund for your payment made via the Web Platform, please contact us by raising a ticket here.
We reserve the right at any time, in our sole and absolute discretion, to terminate, suspend or restrict your access and use of the Service, if it is believed that you are abusing the refund policy.
Once a refund has been processed, you will no longer be able to access and use the individual Course from your User Account. Your learning progress will also be removed from your User Account.
1.2. Learner’s Obligations
As a Learner accessing and using ZilLearn Learning Network, you acknowledge and agree that:
- the answers to quizzes and responses provided by you to Course Creators as part of the Course requirements are your own work (except for open responses that explicitly permit collaboration);
- you will not make answers to quizzes and responses provided by you to Course Creators as part of the Course requirements available to anyone else (this includes answers provided by you and any official answers provided by Course Creators);
- you will not engage in any activities that may dishonestly or fraudulently improve or hurt your results or the results of others;
- you will comply with all the Course requirements that ZilLearn and Course Creators may stipulate or require, from time to time;
- you will not solicit personal information from any other Users; and
- you will comply fully with these Terms of Use.
2. ZILLEARN CREATOR STUDIO TERMS OF USE
2.1. Selling of Individual Courses
2.1.1. Pricing for Sale of Individual Courses
ZilLearn’s default and only sale currency is USD, in which your individual Courses will be provided and displayed on the Platform. As we do not currently support any other currency apart from USD, we do not maintain a pricing matrix for individual Courses. You will be responsible for setting the selling price of your individual Courses provided via the Web Platform, subject to a minimum of USD2 per Course.
The same individual Courses will also be provided via the respective App Stores, which may maintain a pricing matrix of their own. For instance, if an individual Course is Y price, but based on the pricing matrix of the App Store, the nearest price is Z price (rounded up from Y price), then the price of the individual Course as provided via the App Store will be Z price. Where the App Store does not maintain a pricing matrix, to ensure there is no price discrimination between one App Store and the other App Store, the final price as determined based on the pricing matrix of one App Store will automatically apply to the other App Store which does not maintain a pricing matrix, that is, the individual Course will be provided via both App Stores at the same price.
Payment for your individual Courses will be made in the displayed currency. Learners may elect to pay in their local currency at the point of purchase of any of your individual Courses if this option is available for their payment method, as determined by the Payment Provider and respective App Stores, including the applicable currency conversion rates, and subject to their terms and conditions.
2.1.2. Transaction Taxes for Sale of Individual Courses and ZilLearn Skills Subscription
When Learners purchase your individual Courses or ZilLearn Skills Subscription in jurisdictions that require ZilLearn to impose Transaction Taxes, our Transaction Tax Provider for sales via the Web Platform, or in the case of sales via the Platform iOS App or Android App, the respective App Stores, will collect and remit the Transaction Taxes to the relevant tax authorities, as detailed in the ZilLearn Learning Network Terms of Use. You acknowledge and agree to us increasing the selling price of your individual Courses where we determine that such taxes may be due.
2.1.3. Revenue Share for Sale of Individual Courses and ZilLearn Skills Subscription
If you provide individual Courses on the Platform for a fee, then you agree to the deduction of a revenue share that is due to ZilLearn from any revenue generated by you on the Platform from the sale of individual Courses.
We reserve the right at any time, in our sole and absolute discretion, to make changes to the revenue share deduction.
Below illustrates the revenue sharing arrangement:
- For every individual Course sold via the Web Platform: ZilLearn will deduct a revenue share of fifteen percent (15%) from the selling price (excluding any applicable transaction tax) of the individual Course. The net revenue generated by you is therefore eighty five percent (85%) of the selling price.
- For every individual Course sold via the Platform iOS App or Android App: The respective App Stores will deduct a revenue share of thirty percent (30%) from the selling price (excluding any applicable transaction tax) of the individual Course before ZilLearn deducts a further revenue share of fifteen percent (15%) from the remaining seventy percent (70%) of the selling price. The net revenue generated by you is therefore fifty nine point five percent (59.5%) of the selling price.
Any revenue generated by you on the Platform from the sale of ZilLearn Skills Subscription will be subject to a separate written agreement with us.
2.1.4. Receiving Payments for Sale of Individual Courses and ZilLearn Skills Subscription
ZilLearn’s default and only payout currency is USD, in which any revenue generated by you on the Platform from the sale of individual Courses will be paid to you via your Payout Account (as defined below): after a minimum of forty five (45) days from the point of sale has passed, to accommodate an up to thirty (30)-day refund period offered for the sale of any of your individual Courses. Such payments will be automatically scheduled on the first day of the month, subject to you having a de minimis balance of USD20 from all your revenue generated on the Platform from the sale of individual Courses.
If you are eligible to receive payments on the Platform from the sale of individual Courses via a third party payout processing provider which ZilLearn works with (“Payout Provider”), the following terms and conditions will apply:
- You will need to set up an account with the Payout Provider (“Payout Account“). As your Payout Account will be linked to your User Account, it can only receive payments from ZilLearn when your User Account is operational. In the event your User Account will be closed, your Payout Account will have to be unlinked from your User Account. Any unpaid monies will be transferred to your Payout Account, subject to the terms and conditions regulating final payout (as detailed below);
- Payments from ZilLearn to your Payout Account will be automatically scheduled on the first day of the month, subject to the minimum withdrawal limit, withdrawal fees, applicable taxes and payment processing timescales as publicized by the Payout Provider (which may differ depending on your country of residence). The minimum withdrawal limit will not apply in the case of a final payout upon closure of your User Account except that your account balance must not be in negative after deduction of withdrawal fees and applicable taxes, failing which, your User Account will be closed with no final payout to be made to your Payout Account;
- Your use of your Payout Account will be subject to the Payout Provider’s terms and conditions of service. We have no control over the Payout Provider and accept no legal responsibility or liability for the services that they provide. Your Payout Account may also be subject to other fees and charges as publicized by the Payout Provider; and
- Details of the Payout Provider and a link to their terms and conditions of service can be found here.
If you are eligible to receive payments on the Platform from the sale of individual Courses via any other means, other terms may apply to the receipt of such payments. We reserve the right at any time, in our sole and absolute discretion, to make changes to the payout arrangement.
Your eligibility to receive payments on the Platform from the sale of ZilLearn Skills Subcription will be subject to a separate written agreement with us.
2.1.5. Refunds for Sale of Individual Courses
You acknowledge and agree that Learners will have the right to receive refunds, as detailed in the ZilLearn Learning Network Terms of Use. You will not receive any revenue share from the sale of individual Courses or ZilLearn Skills Subscription for which refunds have been granted.
2.1.6. IRS Tax Compliance for Revenue Generated from Sale of Individual Courses and ZilLearn Skills Subscription
You are responsible and liable for the filing of tax returns and payment of taxes in any jurisdiction as applicable, in respect of all your revenue generated on the Platform from the sale of individual Courses and ZilLearn Skills Subscription.
ZilLearn, as the operator of the Platform, has a duty to comply with applicable tax reporting obligations, which may necessitate the collection of information about you and any revenue generated by you on the Platform. You acknowledge and agree to the sharing of this information with any relevant tax authorities for purposes of our compliance with such reporting obligations.
Specifically, as ZilLearn is based in the USA which necessitates compliance with the Internal Revenue Service (“IRS”) regulations, regardless of where you are located, you may be subject to applicable taxes in the USA (including without limitation, withholding taxes and income taxes) for revenue generated by you on the Platform in respect of your Courses being accessed and used by Learners in the USA.
ZilLearn works with a third party IRS tax compliance service provider (“IRS Tax Compliance Provider”) to ensure the fulfilment of applicable tax reporting obligations by ZilLearn to the IRS on behalf of individuals and entities who have generated revenue on the Platform.
Details of the IRS Tax Compliance Provider and a link to their tax compliance services can be found here.
2.2. Course Creator’s Obligations
As a Course Creator accessing and using ZilLearn Creator Studio, you acknowledge and agree that:
- you have the required qualifications, credentials and expertise to provide the services that you offer through your Courses;
- you will provide and maintain a quality of service that corresponds with your industry standards and teaching services in general;
- any data (including personal information) you receive from ZilLearn (or any of our affiliates, partners, agents and other Users, via a sublicense granted by ZilLearn) will only be used for the purpose of providing your Courses and ancillary services to Learners;
- you will not solicit additional personal information from any other Users or store any personal information provided by ZilLearn (or any of our affiliates, partners, agents and other Users, via a sublicense granted by ZilLearn) outside of the Service;
- you will not bid on any paid media which includes ZilLearn-branded keywords;
- you will not use the Service or engage with Learners in connection with a platform that competes substantially with ZilLearn’s products and services or in order to build a competing product or service; and
- you will comply fully with these Terms of Use.Skil
3. ZILLEARN SKILLS TERMS OF USE
3.1. Use of Generated Information
In delivering the Service and generating the information thereof, including without limitation, reports, graphs, tables, charts, data, job and course listings, job and course matches, statements, assertions, predictions, recommendations, referrals, guidance or advice, ZilLearn works with a third party data analytics service provider (“Data Analytics Provider”) which provides real-time data on job growth, skills in demand and labor market trends by leveraging a range of analytical, probabilistic and interpretive techniques. Such techniques represent methods for addressing fundamental uncertainty which may or may not prove effective or accurate and that the information generated directly or indirectly from the Service are inherently uncertain, or may contain omissions, inconsistencies or inaccuracies. Consequently, you acknowledge and agree that you (and any third party which you share the information generated from the Service with, such as recruiters, and current or prospective employers) will apply a due level of care and judgment in assessing the validity of the Service or any generated information thereof, and that you will be solely responsible for any decision by you and any of those third parties to accept such information for any decision-making.
You also acknowledge and agree that the information generated from the Service may be based on a number of external databases and sources which are subject to changes from time to time, such as a particular database or source may become unavailable or cost prohibitive with respect to our continued searching, as determined at any time, in our sole and absolute discretion. As real-time data is dynamic and unstructured in nature and presents unique challenges for coding and analysis, notwithstanding that we undertake to make reasonable efforts to remove duplicate job and course listings from the databases and sources, as well as to provide accurate coding, you further acknowledge and agree that given the intrinsic difficulty of this undertaking, it may not be possible to completely remove all duplicate job and course listings and/or prevent any miscoded data.
Details of the Data Analytics Provider and a link to their data analytics services can be found here.
3.2. No Endorsement by ZilLearn
You acknowledge and agree that the use of the Service or the generated information thereof does not constitute endorsement by ZilLearn of the generated information, or any third party product, service, report or publication derived in part or in whole or otherwise citing, referencing or making use of the Service or the generated information thereof. You also acknowledge and agree that you will not cite, reference or make use of any information generated from the Service, except with our prior written approval, and where it is determined, in our sole and absolute discretion, that it is in support of bona fide publication of summary analyses, reports, charts, tables or graphs undertaken within the fields of economic planning or development, workforce planning or development, curriculum development, labor market research, career exploration and planning, educational institution strategic planning, or other similar activity, subject to the proper requirements of citation and acknowledgment made for each reference, chart, table, graph or dataset made thereof, and provided that you will accrue no commercial benefit associated with such publication.
A listing of courses by their titles, course providers and with hyperlinks to the websites of third party course providers (in respect of external courses, or courses published outside of the Platform), are made available to you on the Service to provide you with relevant information on all courses recommended by the Service, whether they are published on or outside of the Platform, and to enable you to contact any of the third party course providers directly to make payment for and attend any of the external courses you are interested in. ZilLearn does not claim any copyright, trademark or intellectual property rights over the external courses, including the trademarks, service marks, logos, names, likenesses, voices and images of their third party course providers used and displayed on the Service. Consequently, ZilLearn makes no representation or warranty that the external courses, as well as the trademarks, service marks and logos of their third party course providers, are free from infringement of any copyright, trademark or intellectual property right.
You acknowledge and agree that such recommendation and accessibility to the websites of the third party course providers are provided to you solely for your interest and convenience. ZilLearn does not monitor or investigate any of those websites on a regular basis and makes no representation or warranty whatsoever in respect of the quality, suitability, functionality or legality of the external courses recommended by the Service, or any other external courses, data or resources you will find on those websites, for any purpose whatsoever. In addition, any recommendation of such external courses does not imply that ZilLearn endorses the third party course providers. Engagement of those third party course providers will be at your own discretion and risk and you acknowledge and agree that ZilLearn will not be responsible whatsoever for any such engagement, including any harm you may suffer, or any loss or damage you may incur as a result of any defect, error, fault or failure to perform with respect to the external courses provided by those third party course providers.
3.3. User’s Obligations
As a User accessing and using ZilLearn Skills, you acknowledge and agree that:
- you will not engage in any activities that may dishonestly or fraudulently improve your job and course matches and therefore your skills rating for any unlawful exploitation (commercial or otherwise);
- you will comply with all the instructions and requirements in relation to the manner of use of the skills assessment tools that ZilLearn may stipulate or require, from time to time;
- you will not use the Service in order to build a product or service that competes substantially with ZilLearn’s products and services;
- you will not solicit personal information from any other Users; and
- you will comply fully with these Terms of Use.
4. ZILLEARN SKILLS SUBSCRIPTION TERMS OF USE
4.1 Purchasing of ZilLearn Skills Subscription
4.1.1. Contracting Entity and Governing Law for Purchase of ZilLearn Skills Subscription
Unless otherwise specified, when you purchase ZilLearn Skills Subscription, you are contracting with ZilLearn Pte. Ltd., incorporated in Singapore. You will comply with the applicable Terms and Policies associated with your purchase, access and use of ZilLearn Skills Subscription, as governed by the laws of the Republic of Singapore.
Additionally, if you purchase the ZilLearn Skills Subscription (Gold) or ZilLearn Skills Subscription (Platinum), you will also comply with the ZilLearn Work Terms and Policies, as governed by the laws of the Republic of Singapore.
4.1.2. Pricing of ZilLearn Skills Subscription
ZilLearn’s default and only sale currency for ZilLearn Skills Subscription is the Singapore Dollar (“SGD”), in which any of the learning subscription plans will be published and displayed. Payment for ZilLearn Skills Subscription will be made at the start of the subscription period, in the displayed currency, which entitles you to a twelve (12) month or otherwise specified period of unlimited access and use to the Courses available via ZilLearn Skills Subscription.
Additionally, purchase of the ZilLearn Skills Subscription (Gold) or ZilLearn Skills Subscription (Platinum) may entitle you to a twelve (12) month or otherwise specified period of access to other redeemable add-on services provided by third party service providers (“Service Providers”) as and when available. Your use of those redeemable add-on services will be subject to the Service Providers’ terms and conditions of service. We have no control over any of the Service Providers and accept no legal responsibility or liability for the services that they provide.
Details of the current list of redeemable add-on services and the methods of redemption can be found here.
4.1.3. Transaction Taxes for Purchase of ZilLearn Skills Subscription
If you elect to purchase ZilLearn Skills Subscription, then you agree to be responsible for the payment of the subscription fee and any applicable transaction tax associated with such access and use. As a Singapore Goods and Services Tax (“GST”) registered entity, ZilLearn Pte. Ltd. is obligated to ensure compliance with the Singapore GST regulations for the invoicing of any ZilLearn Skills Subscription purchased.
4.1.4. Payments for ZilLearn Skills Subscription
ZilLearn works with a third party payment processing service provider (“Payment Provider”) which allows you to make payment for ZilLearn Skills Subscription that you purchase via the Web Platform using a variety of payment methods. Your use of the payment processing service will be subject to the Payment Provider’s terms and conditions of service. We have no control over the Payment Provider and accept no legal responsibility or liability for the services that they provide.
You may elect to pay in your local currency at the point of purchase if this option is available for your payment method, as determined by the Payment Provider, including the applicable currency conversion rates, and subject to their terms and conditions.
Details of the Payment Provider and a link to their terms and conditions of service can be found here.
If you are a Singaporean aged twenty-five (25) and above, you are eligible to utilize your SkillsFuture Credit to fully or partially offset your payment for ZilLearn Skills Subscription. When you elect to make a partial payment with your SkillsFuture Credit, you will be requested to make the remaining payment with the Payment Provider.
Details of SkillsFuture Credit and a link to the frequently asked questions (“FAQs”) for use of SkillsFuture Credit to subscribe for unlimited online courses and to check your SkillsFuture Credit balance can be found here.
4.1.5. Refunds for ZilLearn Skills Subscription Purchased
Unless otherwise specified, ZilLearn does not offer refunds or free trials for any purchase of ZilLearn Skills Subscription. If you cancel your learning subscription plan, the cancellation will only be effective at the end of the current subscription period. You will continue to have access to your learning subscription plan for the remainder of that subscription period.
G. CHANGES TO TERMS AND POLICIES
These Terms and Policies were published on February 25, 2020 and last updated on December 1, 2022.