User Policy Agreement
Published on 1 January 2024.
This GSourcers website is published “as is” without any warranty of any kind, express or implied, as to the operation of our site, the accuracy of the information or the products or services referred to on the GSourcers website and we shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information which it may contain. For the purpose of these terms of use, the user of the site is advised that such use of the website is carried out at their own risk and expense.
Copyright in all pages on this site is owned by GSourcers (Pty) Ltd or its licensors, except where otherwise indicated by a third party’s proprietary notice. Images, trademarks, and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without the prior written permission of their respective owners. “GSourcers” is accordingly protected under the laws of the Republic of South Africa.
Content and information provided by third parties other than GSourcers (Pty) Ltd will be identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.
GSourcers accepts no responsibility for any content on the website (belonging to a third party who is in no way associated with GSourcers) to which a hypertext link from the GSourcers site exists, or for the Processing of Personal Information (as defined by the Protection of Personal Information Act 4 of 2013 (“POPI”)) by such a third party who operates such website. Any such links are provided “as is” with no warranty, express or implied, for the information provided within them.
Contract Introduction:
This user account policy outlines the requirements, policies and terms governing your use of this website. By creating an account, logging in and browsing this website, you agree to these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which governs how we collect, use, share, and store your personal information. By clicking “Sign up” “Join GSourcers,” “Sign Up,” or similar, you agree to register, access, or use our Services (as described below), and you agree to enter into a legally binding contract with GSourcers (even if you are using our services on behalf of a company). IF YOU DO NOT AGREE TO THIS CONTRACT (“CONTRACT” OR “USER AGREEMENT”), DO NOT CLICK “JOIN NOW” (or similar), and DO NOT ACCESS OR OTHERWISE. use any of our services. If you want to end this contract, you can do so at any time by closing your account and no longer using our Services.
User Registration:
In order to register with the Website you are required to submit your legal email address and password.
The admin team will receive an email that there is a new user waiting for approval. One of the team members will contact you to provide additional information so you can be verified. Once your user account is verified after you reply the verification mail we send you, the admin will be able to Approve or Deny your registration.
Part of your user registration is to read and accept all of our terms of usage policy.
Terms of Use
These Terms of Use (“Terms”) were last updated on December 10, 2023. Please make sure to review these Terms very carefully as they serve as an enforceable contract between us and contain crucial information about your legal rights, remedies, and obligations. GSourcers’ mission is to improve lives through learning. We enable anyone anywhere to create and share educational content (instructors) and to access that educational content to learn (learners). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and instructor community. These Terms apply to all your activities on the GSourcers website, the GSourcers mobile applications, and other related services (“Services”). If you publish a course on the GSourcers platform, you must also agree to the Instructor Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using GSourcers as part of your employer’s GSourcers Business learning and development program, you can consult our GSourcers Business Privacy Statement. Our Instructor Terms, Privacy Policy, and other GSourcers policies applicable to your use of our Services are incorporated by reference into these Terms. Our website and apps cause communications about your browsing and app activities and app usage to be sent from you to third parties who provide services to GSourcers. By using our Services, you consent to these communications.- Accounts
- Content Enrollment and Access
- Payments, Credits, and Refunds
- Content and Behavior Rules
- GSourcers’ Rights to Content You Post
- Using GSourcers at Your Own Risk
- GSourcers’ Rights
- access, tamper with, or use non-public areas of the platform (including content storage), GSourcers’ computer systems, or the technical delivery systems of GSourcers’ service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the GSourcers platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as GSourcers); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
- Subscription Terms
- use the Interactive Sessions for any purpose other than to perform the activities as instructed by GSourcers’ labs.
- provide web, database, or forum access, or engage in cryptocurrency mining, on or through the Interactive Sessions.
- exceed the usage limitations outlined on our Support Page;
- access or use the Interactive Sessions in any commercial production environment.
- take any action in the Interactive Sessions that results in a disruption or interference of our Services or the stability of our infrastructure; or
- use any data or information other than simulated, anonymous, non-personal, non-live data or information when accessing or using the Interactive Sessions.
- Miscellaneous Legal Terms
- Dispute Resolution
- The claiming party shall send to the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Sending a Claim Statement tolls the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You should send your Claim Statement to GSourcers by email to legal@gsourcers.com, and you can also send it by certified mail to GSourcers Attn: Legal. GSourcers will send Claim Statements and respond to you at the email address associated with your GSourcers account, unless you request otherwise.
- When either of us receives a Claim Statement, the parties will attempt in good faith to resolve it informally. If we’re unable to resolve it within 60 days from receipt, then we each have the right to initiate a formal claim against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.
- Updating These Terms
- How to Contact Us
Privacy Policy
This Privacy Policy was last updated on December 10, 2023.
Thank you for joining GSourcers. We at GSourcers (“GSourcers”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights regarding your personal data.
Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use GSourcers websites, mobile applications, APIs, or related services (the “Services”). It also applies to prospective customers of our business and enterprise products.
By using the Services, you agree to the terms of this Privacy Policy. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.
Table of Contents
- 1. What Data We Get
- 2. How We Get Data About You
- 3. What We Use Your Data For
- 4. Who We Share Your Data With
- 5. Security
- 6. Your Rights
- 7. Jurisdiction-Specific Rules
- 8. Updates & Contact Info
1. What Data We Get
We collect certain data from you directly, like information you enter yourself, data about your consumption of content, and data from third-party platforms you connect with GSourcers. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using. All data listed in this section is subject to the following processing activities: collecting, recording, structuring, storing, altering, retrieving, encrypting, pseudonymizing, erasing, combining, and transmitting.
1.1 Data You Provide to Us
We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.
When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:
Category of Personal Data | Description | Legal Basis for Processing |
Account Data | In order to use certain features (like accessing content), you need to create a user account, which requires us to collect and store your email address, password, and account settings. To create an instructor account, we collect and store your name, email address, password, and account settings. As you use certain features on the site, you may be prompted to submit additional information including occupation, government ID information, verification photo, date of birth, race/ethnicity, skill interests, and phone number. Upon account creation, we assign you a unique identifying number. |
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Profile Data | You can also choose to provide profile information like a photo, headline, biography, language, website link, social media profiles, country, or other data. Your Profile Data will be publicly viewable by others. |
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Shared Content | Parts of the Services let you interact with other users or share content publicly, including by uploading courses and other educational content, posting reviews about content, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted. |
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Learning Data | When you access content, we collect certain data including which courses, assignments, labs, workspaces, and quizzes you’ve started and completed; content and subscription purchases and credits; subscriptions; completion certificates; your exchanges with instructors, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course and related content requirements. |
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Student Payment Data | If you make purchases, we collect certain data about your purchase (such as your name, billing address, and ZIP code) as necessary to process your order and which may optionally be saved to process future orders. You must provide certain payment and billing data directly to our payment service providers, including your name, credit card information, billing address, and ZIP code. We may also receive limited information, like the fact that you have a new card and the last four digits of that card, from payment service providers to facilitate payments. For security, GSourcers does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data. |
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Instructor Payment Data | If you are an instructor, you can link your PayPal, Payfast, or other payment account to the Services to receive payments. When you link a payment account, we collect and use certain information, including your payment account email address, account ID, physical address, or other data necessary for us to send payments to your account. In some instances, we may collect ACH or wire information to send payments to your account. In order to comply with applicable laws, we also work with trusted third parties who collect tax information as legally required. This tax information may include residency information, tax identification numbers, biographical information, and other personal information necessary for taxation purposes. For security, GSourcers does not collect or store sensitive bank account information. The collection, use, and disclosure of your payment, billing, and taxation data is subject to the privacy policy and other terms of your payment account provider. |
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Data About Your Accounts on Other Services | We may obtain certain information through your social media or other online accounts if they are connected to your GSourcers account. If you log in to GSourcers via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, account ID number, login email address, location, physical location of your access devices, gender, birthday, and list of friends or contacts. Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us. If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party. |
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Sweepstakes, Promotions, and Surveys | We may invite you to complete a survey or participate in a promotion (like a contest, sweepstakes, or challenge), either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as part of participating, such as your name, email address, postal address, date of birth, or phone number. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply. |
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Communications and Support | If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, messages, location, GSourcers user ID, refund transaction IDs, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy. |
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The data listed above is stored by us and associated with your account.
1.2 Data We Collect through Automated Means
When you access the Services (including browsing content), we collect certain data by automated means, including:
Category of Personal Data | Description | Legal Basis for Processing |
System Data | Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types. |
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Usage Data | Usage statistics about your interactions with the Services, including content accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, referrer, and other data regarding your use of the Services. |
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Approximate Geographic Data | An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address. |
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The data listed above is collected using server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by us and associated with your account.
1.3 Data From Third Parties
If you are a GSourcers Business enterprise or corporate prospect, in addition to information you submit to us, we may collect certain business contact information from third-party commercial sources.
2. How We Get Data About You
We use tools like cookies, web beacons, and similar tracking technologies to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.
2.1 Cookies and Data Collection Tools
We use cookies, which are small text files stored by your browser, to collect, store, and share data about your activities across websites, including on GSourcers. They allow us to remember things about your visits to GSourcers, like your preferred language, and to make the site easier to use. To learn more about cookies, visit https://cookiepedia.co.uk/all-about-cookies. We may also use clear pixels in emails to track deliverability and open rates.
GSourcers and service providers acting on our behalf (like Google Analytics and third-party advertisers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, “Data Collection Tools“) when you access and use the Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data (as detailed in Section 1) when you use the Services. In some cases, we tie data gathered through those Data Collection Tools to other data that we collect as described in this Privacy Policy.
2.2 Why We Use Data Collection Tools
GSourcers uses the following types of Data Collection Tools for the purposes described:
- Strictly Necessary: These Data Collection Tools enable you to access the site, provide basic functionality (like logging in or accessing content), secure the site, protect against fraudulent logins, and detect and prevent abuse or unauthorized use of your account. These are required for the Services to work properly, so if you disable them, parts of the site will break or be unavailable.
- Functional: These Data Collection Tools remember data about your browser and your preferences, provide additional site functionality, customize content to be more relevant to you, and remember settings affecting the appearance and behavior of the Services (like your preferred language or volume level for video playback).
- Performance: These Data Collection Tools help measure and improve the Services by providing usage and performance data, visit counts, traffic sources, or where an application was downloaded from. These tools can help us test different versions of GSourcers to see which features or content users prefer and determine which email messages are opened.
- Advertising: These Data Collection Tools are used to deliver relevant ads (on the site and/or other sites) based on things we know about you like your Usage and System Data (as detailed in Section 1), and things that the ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.
- Social Media: These Data Collection Tools enable social media functionality, like sharing content with friends and networks. These cookies may track a user or device across other sites and build a profile of user interests for targeted advertising purposes.
You can set your web browser to alert you about attempts to place cookies on your computer, limit the types of cookies you allow, or refuse cookies altogether. If you do, you may not be able to use some or all features of the Services, and your experience may be different or less functional. To learn more about managing Data Collection Tools, refer to Section 6.1 (Your Choices About the Use of Your Data) below.
3. What We Use Your Data For
We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity. We retain your data for as long as it is needed to serve the purposes for which it was collected.
We use the data we collect through your use of the Services to:
- Provide and administer the Services, including to facilitate participation in educational content, issue completion certificates, display customized content, and facilitate communication with other users (Account Data; Shared Content; Learning Data; System Data; Usage Data; Approximate Geographic Data);
- Process payments to instructors and other third parties (Student Payment Data; Instructor Payment Data);
- Process your requests and orders for educational content, products, specific services, information, or features (Account Data; Learning Data; Student Payment Data; System Data; Communications and Support);
- Communicate with you about your account by (Account Data; Shared Content; Learning Data; Sweepstakes, Promotions, and Surveys; System Data; Communications and Support):
- Responding to your questions and concerns;
- Sending you administrative messages and information, including messages from instructors, students, and teaching assistants; notifications about changes to our Service; and updates to our agreements;
- Sending you information, such as by email or text messages, about your progress in courses and related content, rewards programs, new services, new features, promotions, newsletters, and other available instructor-created content (which you can opt out of at any time);
- Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app);
- Manage your account and account preferences and personalize your experience (Account Data; Learning Data; Student Payment Data; Instructor Payment Data; System Data, Usage Data, Cookie Data);
- Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse (Account Data; Student Payment Data; Instructor Payment Data; Communications and Support; System Data; Approximate Geographic Location);
- Verify the identity of instructors (Account Data; Instructor Payment Data);
- Solicit feedback from users (Account Data; Communications and Support);
- Market products, services, surveys, and promotions (Account Data; Learning Data; Sweepstakes, Promotions, and Surveys; Usage Data; Cookie Data);
- Market Subscription Plans to prospective customers (Account Data; Learning Data; Cookie Data);
- Learn more about you by linking your data with additional data through third-party data providers and/or analyzing the data with the help of analytics service providers (Account Data; Data About Your Accounts on Other Services; Usage Data; Cookie Data);
- Identify unique users across devices (Account Data; System Data; Cookie Data);
- Tailor advertisements across devices (Cookie Data);
- Improve our Services and develop new products, services, and features (all data categories);
- Analyze trends and traffic, track purchases, and track usage data (Account Data; Learning Data; Student Payment Data; Communications and Support; System Data; Usage Data; Approximate Geographic Data; Cookie Data);
- Advertise the Services on third-party websites and applications (Account Data; Cookie Data);
- As required or permitted by law (all data categories); or
- As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services (all data categories).
4. Who We Share Your Data With
We share certain data about you with instructors, other students, companies performing services for us, GSourcers affiliates, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.
We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:
- With Your Instructors: We share data that we have about you (except your email address) with instructors or teaching assistants for educational content you access or request information about, so they can improve their content for you and other students. This data may include things like your country, browser language, operating system, device settings, the site that brought you to GSourcers, and certain activities on GSourcers, like enrolled courses and course review. We will not share your email address with instructors or teaching assistants. (Account Data; System Data; Usage Data; Approximate Geographic Data)
- With Other Students and Instructors: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable. (Account Data; Profile Data; Shared Content)
- With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, fraud and abuse prevention, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service. (All data categories)
- With GSourcers Affiliates: We may share your data within our corporate family of companies that are related by common ownership or control to enable or support us in providing the Services. (All data categories)
- With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to GSourcers. Depending on your location, we may share your data with these trusted partners. (Account Data; Learning Data; Communications and Support; System Data)
- With Credit-Granting Organizations for Continuing Education: If you take a course to fulfill a continuing professional education requirement, we may share that information upon request of the organization granting the continuing education credit. (Account Data; Learning Data)
- With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools like Google Analytics and data enrichment services like ZoomInfo, we share certain contact information or de-identified data. De-identified data means data where we’ve removed things like your name and email address and replaced it with a token ID. This allows these providers to provide analytics services or match your data with publicly-available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner. (Account Data; System Data; Usage Data; Cookie Data)
- To Power Social Media Features: The social media features in the Services (like the Facebook Like button) may allow the third-party social media provider to collect things like your IP address and which page of the Services you’re visiting, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy. (System Data; Usage Data; Cookie Data)
- To Administer Promotions and Surveys: We may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey. (Account Data; Sweepstakes, Promotions, and Surveys)
- For Advertising: If we decide to use an advertising-supported revenue model in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools (as detailed in Section 2.1), to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and to undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt out from participating ad networks’ behavioral advertising, see Section 6.1 (Your Choices About the Use of Your Data) below. Note that if you opt out, you’ll continue to be served generic ads. (System Data)
- For Security and Legal Compliance: We may disclose your data (all data categories) to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
- Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
- Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
- Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
- Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues;
- Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of GSourcers, our users, employees, members of the public, or our Services;
- We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy; or
- Required or permitted by law.
- During a Change in Control: If GSourcers undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence). (All data categories)
- After Aggregation/De-identification: We may disclose or use aggregated or de-identified data for any purpose.
- With Your Permission: With your consent, we may share data to third parties outside the scope of this Privacy Policy. (All data categories)
5. Security
We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it’s important to protect your password and to contact us if you suspect any unauthorized access to your account.
GSourcers takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and GSourcers, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact our Support Team with any concerns.
6. Your Rights
You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain third parties. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data. Parents who believe we’ve unintentionally collected personal data about their underage child should contact us for help deleting that information.
6.1 Your Choices About the Use of Your Data
You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.
- To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.
- If you’re located in the European Economic Area, you may opt out of certain Data Collection Tools by clicking the “Cookie settings“ link at the bottom of any page.
- The browser or device you use may allow you to control cookies and other types of local data storage. To learn more about managing cookies, visit https://cookiepedia.co.uk/how-to-manage-cookies. Your wireless device may also allow you to control whether location or other data is collected and shared.
- To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages.
- Apple iOS, Android OS, and Microsoft Windows each provide their own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings on that platform.
If you have any questions about your data, our use of it, or your rights, contact us at legal@gsourcers.com.
6.2 Accessing, Updating, and Deleting Your Personal Data
You can access and update your personal data that GSourcers collects and maintains as follows:
- To update data you provide directly, log into your account and update your account at any time.
- To terminate your account:
- If you are a student, visit your profile settings page and follow the steps detailed here.
- If you are an instructor, follow the steps detailed here.
- If you have any issues terminating your account, please contact our Support Team.
- Please note: even after your account is terminated, some or all of your data may still be visible to others, including without limitation any data that has been (a) copied, stored, or disseminated by other users (including comments on content); (b) shared or disseminated by you or others (including in your shared content); or (c) posted to a third-party platform. Even after your account is terminated, we retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.
- To request to access, correct, or delete your personal data, please use our online form here. You can also submit these requests by emailing legal@gsourcers.com or writing to us at GSourcers, Attn: Privacy/Legal Team, 600 Harrison Street, 3rd floor, San Francisco CA 94107. Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.
6.3 Our Policy Concerning Children
We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Individuals younger than 18 years of age, but of the required age for consent to use online services where they live (for example, 13 in the US or 16 in Ireland), may not set up an account, but may have a parent or guardian open an account and help them access appropriate content. Individuals younger than the required age for consent to use online services may not use the Services. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.
Parents who believe that GSourcers may have collected personal data from a child under those ages can submit a request that it be removed to legal@gsourcers.com.
7. Jurisdiction-Specific Rules
If you live in Africa and beyond, you have certain rights related to accessing and deleting your data, as well as learning who we share your data with. You have the right to make a formal complaint with the appropriate government agency.
7.0. Users in South Africa: POPI and Consumer Rights
You have the right to request that GSourcers does not sell your personal information. GSourcers searches for your information that made public either by yourself or other channels like social networking sites, announcements, news and pages. Because of the amount of information on the web, we mine the relevant data in a meaningful way to help the companies looking to recruit or buy from you to find you easily and in the most confidential manner.
The platform may gather and share your professional published public domain personal information with companies who are looking for someone with your skill sets and professional background. This sharing is considered a sale under the POPI and Consumer Rights.
GSourcers respects your choices. As a consumer, you have the right to opt-out of the sale of your personal information. Please use this opt-out form to verify your request and complete the opt-out process. For more information of consumers’ rights under POPI and Consumer Rights and how GSourcers collects and uses your consumer personal information, please visit our Consumer Privacy Notice.
GSourcers has members from across the African continent and beyond. So this Privacy Policy describes what data we collect, how we process it, how we use it and how we delete it. If you have any questions, please reach us at support (at) gsourcers.com, we’ll be glad to assist. This Privacy Policy applies to all services offered by GSourcers.com including our mobile apps or anything in the future.
While we thank you for visiting this website, we also promise to respond to any questions or requests as soon as we can. We promise not to bombard you with emails, phone calls or letters and feel free to tell us to stop at any time by simply contacting us by email to: info @ gsourcers.com.
GSourcers (Pty) Ltd (with its websites www.gsourcers.com) is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, GSourcers is committed to the appropriate protection and use of personal information (sometimes referred to as “personal data”, “personally identifiable information” or “PII”) that has been collected online.
Within the Privacy Policy, GSourcers (Pty) Ltd, being the operator of this Web site (“Website”), will be referred to as “Company,” “we” or “us.” We are committed to complete permission-based marketing, while safeguarding your privacy online. Please read our privacy policy (“Policy”) to understand how your personal information will be treated as submitted on the Website.
Where we collect your information
We collect limited information from different parts of the Website. First, the Company may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Generally, we use cookies to measure certain traffic patterns, which areas of the Company web site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users’ habits are similar or different from one another so that we can make each new experience on the Website a better one. We may use this information to better present the content that users will see on our site.
Second, through our website you may submit personally identifiable information when you request a “free quote” or use our “contact us” pages.
What Data does GSOURCERS.COM collect and how do we collect it?
If you register
When you register with GSourcers.com to use our service we may collect your name and email address. We require this data in order to allow you to access the content in our website or in our server through any of our applications as a free or paid user. At the time of payment, we are working with third party (PAYFAST) vendor to process the payment for us. They may collect your address, email address, telephone number, credit, or debit card details. GSourcers.com does not store your payment information.
At the time of support, when you reach us through email or chat or phone call to get any support from us, we may collect certain information to support you. Those data will be deleted in 6 to 9 months once you delete your account with us.
When parsing public web data
At the time of parsing public web data, we look at publicly available data / information on various publicly available websites and process business data on them. Only public pages are looked at and only publicly available online data that can be found by a search engine. On those public pages, we look for business data such as names, personal or professional emails, social networks URLs, etc.
How we use your data
We use this information to process your registration, provide our service, provide statements of account and communicate with you on any matter relating to your account and the provision of our service in general. The GSourcers website and mobile app let you use our services directly through your browser or phone. While you use the browser extension, it collects the domain names visited in an anonymized fashion. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us further develop and improve our service.
These statistics will not include any information which can be used to identify you. We may also wish to provide you with information about special offers related to our service or any other service or products which we think may be of interest to you. If you would rather not receive this information, you can always opt out. We will use all reasonable efforts to safeguard your personal information, but you should be aware that the Internet is not secure and so we cannot guarantee the security or integrity of any personal information transferred from or to you through your use of this service. Your Rights You have the following rights in relation to the personal data that we hold about you:
- To access your personal data, and some related information as described in the section below “know if we have information concerning you and what that information is”
- To require any inaccurate personal data to be rectified, completed including by means of providing a supplementary statement.
- To require us to delete the personal data in certain circumstances.
- To require us to restrict or block the processing of your personal data in certain circumstances (when processing is restricted, we can still store your personal data, but may not use it further)
- To obtain from us your personal data, in a structured, commonly used, and machine-readable format in certain circumstances.
Further, you may have the right to require us to transmit your personal data directly to another person where it is technically feasible to do so.
- To object to our use of your personal data for direct marketing purposes at any time and you may have the right to object to our processing of some or all of your personal data (and require them to be deleted) in some other circumstances
Where we are processing your personal data based on your consent to such processing, to withdraw your consent at any time
Update, correct and delete your information
If you are a direct user of our service, you can log in to your account and update your information directly there. If your business data was found online, you can contact us to update or delete it. Know if we have information concerning you and what that information is, you have the right to obtain confirmation as to whether personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information:
- If you’re in our database o Exactly what data we hold
- The purposes of the processing
- How long the data will be kept
- Where exactly on the web that information has been found
- All other information as mentioned in article 15 of the GDPR
- To get started, reach out at info (at) gsourcers.com. Disable the processing and permanently remove all your data
If you are a user of our service, you can log in to permanently destroy your account. If your business data was found online, you can contact us to update or delete it. If you have any concerns, please reach out first so we can have a chance to help. If you feel we are not doing enough, you have the right to contact your local supervisory authority.
Duration of the processing
For users of our service, we process your data if your account stays active and after 3 years of inactivity. Once your account is deleted or after 3 years of inactivity, we remove almost everything within a few days and all remaining artefacts within 3 months. If you have paid for GSourcers.com, we might keep some information regarding your company for longer to comply with our legal obligations.
If your data was found online, we process it if it stays online. We make sure to regularly come back where we found it, if it is not there anymore or if we believe that your personal data that we hold is inaccurate, we remove it from our databases and stop all processing. Cookies Policy Cookies are text files stored on your device which allow us to track and identify our visitors, their usage of the site and website preferences. You can configure your device not to accept our cookies if you wish, although certain features of our site may not work if you do this.
We use cookies to enhance your experience and maintain website stability. Cookies enable us to provide our live chat feature and analyse site traffic.
We also share information about your use of our site with our analytics and advertising partners. By continuing to visit this site you agree to our use of cookies.
Do other parties use cookies in connection with GSourcers?
Yes, we allow a few trusted partners to use cookies in our services. Here is the current list of the third parties using cookies on GSourcers.com services.
- Google Analytics
- Stripe
Use of personal information
The Company is not in the business of selling consumer or personal products. The collection of any material from the website will not be used for consumer or personal reasons unless a request is made for employment. The Company is in business to sell its products and services to other businesses. By submitting a request for a free quote or by collecting information already published on the public domain, using emails, the contact us page you grant the Company the right to use the collected information for marketing business-to-business products and services. Said marketing efforts include but not limited to contacting you by telephone and/or by emailing to discuss our product offerings and services.
Those submitting requests for employment through our “contact us” page will be contacted by telephone or email if a need for their services is required.
Security
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us. Once we receive your transmission, we will take reasonable efforts to ensure its security on our systems.
How to unsubscribe
You may receive email confirming your request for information or in response to your message or inquiry, as well as receive email regarding promotional marketing of products and services from the Company. To unsubscribe from any Company email list, please follow the unsubscribe instructions which should be included with any email message sent.
Acceptance of Policy
By accessing this Website and/or submitting any information to us, you agree to this policy. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. All policy changes will take effect immediately upon their posting on the Website. Therefore, you should check this page regularly to review the policy in effect at that time. Your continued use of the Website will mean that you accept these changes. If you do not agree to the terms of this policy, please do not submit any personal information on this Website.
South Africa Residents Privacy Rights (POPI)
PROTECTION OF PERSONAL INFORMATION ACT (POPI)
GSOURCERS PTY LTD
In terms of Section 18 of the POPI Act :
CONSENT TO PROCESS INFORMATION: ALL USERS OF THIS WEBSITE, EMPLOYEES, VENDORS, FREELANCERS AND CANDIDATES FOR BUSINESS OR EMPLOYMENT PURPOSES
Collection, Storage, Retention and Destruction of Information:
Personal details are used to comply with legislation as well as ensure that, in terms of the operational needs of the company, we have the information required to function both as a buyer of services, an employer and as a business. Information given will only be used for the purposes for which it is collected (specified hereunder), will be stored securely and, in accordance with the Section 24.1.b. of the Companies Act, will be retained for a period of seven (7) years after last entry unless a longer period of retention is required by other public regulation. Information will be destroyed after expiry of the legally required retention period or, where appropriate, retained for a longer period to continue with the purpose of recruitment or re-recruitment.
Reason why the Information is Required:
Voluntary – requested for operational functions of the company:
Perform appropriate checks on job history, criminal record, educational / skills qualifications/ registrations/ licences as well as credit history where such is required and permitted by the National Credit Act
Refer candidates for employment with client companies; buy the services of individual contractors or employ staff within our own environment
Direct marketing regarding products and special offers that might become available to candidates/employees through GSourcers (Pty) Ltd. However, this particular purpose is a choice. The candidate/independent consultant/employee may opt out from having their information used for such a purpose.
Ensure benefits are properly administrated (Healthcare, Retirement Funding etc.,)
Ensure a timeous and accurate payroll function.
Mandatory – required by legislation:
Keep records in accordance with the Basic Conditions of Employment Act
Report to government in terms of the Employment Equity Act, the Skills Development Act and the Employment Services Act, when promulgated etc.,
Pay over Skills Development Levies
Pay over contributions in terms of the Unemployment Insurance Fund and the Compensation for Occupational Injuries and Diseases Act
Pay over tax to the Receiver of Revenue
Right to Object:
In terms of S11(3) of the POPI Act, every data subject has the right to object to the processing of his or her personal information. In the event of such an objection a hold will be put on all such processing for that data subject and the proper process will take place to resolve the cause of the objection.
Accuracy of Information and Onus:
The Protection of Personal Information Act requires that all personal details supplied must be complete, not misleading, accurate and up to date. It must be properly maintained as well as protected. Whilst we, as a company, take responsibility for processing and protection of the information it is your responsibility as a data subject to ensure that the information is complete and accurate and that you advise us of any change of personal details so that it can be accurately maintained.
Storage of Information:
Information will be stored electronically in a centralized data base, which, to widen the job seeking opportunities, will be accessible to the GSourcers. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure or audited regularly regarding the safety of the information. Where data is stored electronically out of the borders of South Africa, such is done only in countries which have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations that those imposed by POPI.
Permanent Staff:
Management, HR Practitioners, Payroll Department, Core Benefits Provider, Medical Aid/Cover provider, Retirement Funding Provider, Auditors, Legal Practitioners, Government Departments (e.g., Department of Labour).
Candidates/Assignees:
Management, HR Practitioners, Payroll Department, Core Benefits Provider, Medical Aid/Cover provider, Data Capturers, Account Managers, Auditors, Legal Practitioners, Government Departments (e.g., Department of Labour) and, specifically where the candidate or assignee is being referred for a position, client companies will be given sufficient information on which they can base their decision to employ.
Payroll Outsource:
The processing of payroll is outsourced to an offshore company. Limited information is electronically transferred to that company, but this information is used only for the purposes of accurate payroll function.
Complaints:
Complaints can be addressed to the Information Officer (info@gsourcers.com) or the Regulator appointed in terms of the POPI Act.
Access to the Information by the Data Subject:
The subject of the personal information may request access to the information stored in order that they can assure themselves that the data is accurate.
So, by accessing this website, you declare that all information supplied is accurate, not misleading and complete and that you will advise the company of any change. You hereby give permission for your personal information to be collected, processed as stated above, stored securely, and destroyed at the appropriate time. You acknowledge that you have supplied the personal information required, that you understand the purposes for which it will be used and are aware that it will be processed for these purposes and no other.
From time to time, the company may have certain products or special offers. The company may use any of the information supplied for this purpose or any other marketing reason. You understand that should you opt in at this stage, you can opt out at any point in the future.
How to take control of your cookies?
You can remove or block certain cookies using the settings in your browser. If you choose to reject cookies, you may still use our services through your access to some functionality may be restricted.
What rights can you exercise?
You have legal rights available to you regarding data access, rectification, erasure, restriction of processing and objection to processing, as well as the right to data portability, amongst others. In addition, you can withdraw any consent you may have given to data processing at any time and have the right to lodge a complaint with a supervisory authority.
- Right to object
You have the right to file an objection at any time to any processing of your personal data pursuant to the POPI Act and other Data Protection Regulations. - Right of access
You can request to receive clear and transparent access to information regarding the processing of your personal data. - Right to rectification
You have the right to demand that we correct any of your personal data that is incorrect and complete any personal data that is incomplete. - Right to erasure
In certain cases, we are obliged to delete your personal data once you have requested this. - Right to restriction of processing
In certain cases, you can demand that restrictions be placed on the processing of your personal data. - Right to data portability
Any data disclosure report you’ve requested can also be sent to third parties. - Right to withdraw consent
You can withdraw any consent you have given to data processing at any time. - Right to lodge a complaint
You have the option of submitting an official complaint to the supervisory authority.
Contact information
Should you have any questions regarding this privacy policy you may contact via support @ gsourcers.com
7.1 Users in California
Users who are California residents have certain rights under the California Consumer Privacy Act, (“CCPA”). If you are an eligible California user, included in these rights are:
- “Right to Know” — You have the right to request to know more about the categories and specific pieces of personal information that we have collected about you and access a copy of your personal information.
- “Right to Correction” — You have the right to have inaccurate personal information about you corrected.
- “Right to Deletion” — You have the right to request deletion of personal information that we have collected about you.
- “Right to Non-Discrimination” — If you choose to exercise any of your rights under CCPA, GSourcers will treat you like all other users. In other words, there is no penalty for exercising your rights under CCPA.
- “Right to Opt-Out” – You have the right to opt out of the sale or sharing of your personal information.
CCPA has a specific definition of a “sale” and “sharing” and while GSourcers does not, in the traditional sense, sell your personal information or the personal information of any of our users, we do use cookies that make non-personally identifiable information available to select third parties, including for cross-context advertising. To opt out of such a “sale” and “sharing,” click on the “Do Not Sell or Share My Personal Information” link at the bottom of this page.
To exercise any of these rights under CCPA, please email legal@gsourcers.com or write to us at GSourcers, Attn: Privacy/Legal Team, 600 Harrison Street, 3rd floor, San Francisco CA 94107. CCPA allows you to designate an authorized agent to make these requests on your behalf. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify you and/or your agent’s identity before fulfilling your request.
Additionally, for more information about the personal information we collect and how we collect it, please see the sections above entitled “What Data We Get” and “How We Get Data About You.”
To learn about the business and commercial purposes for which your personal information is collected and the categories of service providers who have access to your personal information, please see the sections above entitled “What We Use Your Data For” and “Who We Share Your Data With.”
As a California resident, you also have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, send an email to legal@gsourcers.com with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.
Since there is no widely accepted standard for the browser initiated Do Not Track signal, we do not currently recognize or respond to Do Not Track signals.
7.2 Users in Nevada
GSourcers does not sell its users’ personal information or personal data. Nonetheless, Nevada residents have the right to submit a request that we do not sell your covered personal information, which you can do by emailing legal@gsourcers.com or writing to us at GSourcers, Attn: Privacy/Legal Team.
7.3 Users in Australia
If you are an Australia resident and you have a complaint, you may refer it to the office of the Australian Information Commissioner (“OAIC”). You can contact OAIC by visiting www.oaic.gov.au; forwarding an email to enquiries@oaic.gov.au; telephoning 1300 363 992; or writing to OAIC at GPO Box 5218, Sydney NSW 2001. You may contact our privacy team at legal@gsourcers.com to make a complaint about a breach of the Australian Privacy Principles which will be responded to within 30 days.
7.4 Users in the European Economic Area (“EEA”) and United Kingdom (“UK”)
If you are in the EEA or UK, you have the right to request access to your data in a portable format and to request the rectification, erasure, restriction of processing, or objection to processing of your personal data. You may use the information in Section 6.2 to submit your request. Additionally, if you are in the EEA, UK, or Switzerland, you also have the right to lodge a complaint with your supervisory authority.
Personal data is also processed outside of the UK, Switzerland, and the EEA by our GSourcers group companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We use the Controller-to-Processor Standard Contractual Clauses adopted by the European Commission to facilitate transfers of personal data from the EEA to third countries and have entered into data processing agreements with our service providers and GSourcers group companies to restrict and regulate their processing of your data. By submitting your data or using our Services, you consent to this transfer, storage, and processing by GSourcers and its processors.
7.5 Data Privacy Framework (for EU/EEA, UK, and Swiss data subjects)
GSourcers, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. GSourcers, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. GSourcers, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
The Federal Trade Commission has jurisdiction over GSourcers Inc.’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).
We are committed to subject to the DPF Principles all personal data received from the European Union, UK and Gibraltar, and Switzerland. The types of personal data collected are described in Section 1 of this Privacy Policy. The purposes for which we collect and use personal data are described in Section 3 of this Privacy Policy. The type of third parties to whom we disclose personal data are described in Section 4 of this Privacy Policy. We remain responsible for any of your personal data that is shared under the Onward Transfer Principle with third parties for external processing on our behalf. Additionally, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. GSourcers, Inc. shall remain liable under the DPF Principles if its agent processes personal information in a manner inconsistent with the DPF Principles, unless GSourcers, Inc. proves that it is not responsible for the event giving rise to the damage.
Individuals have the right to access their personal data, and instructions on doing so are provided in Section 6.2 of this Privacy Policy. Individuals may also limit the use and disclosure of their personal data as described in Section 6.1.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, GSourcers, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, should first contact GSourcers at legal@gsourcers.com.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, GSourcers, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, to the International Centre for Dispute Resolution/American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://go.adr.org/dpfeufiling.html for more information or to file a complaint. The services of ICDR-AAA are provided at no cost to you. Under certain conditions, you may invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms as more particularly detailed here: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2
7.6 Users Outside of the U.S.
To provide the Services to you, we must transfer your data to the United States and process it there. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries.
8. Updates & Contact Info
When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.
8.1 Modifications to This Privacy Policy
From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.
As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.
8.2 Interpretation
Any capitalized terms not defined in this policy are defined as specified in GSourcers’ Terms of Use. Any version of this Privacy Policy in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.
8.3 Questions
If you have any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our privacy team (including our Data Protection Officer) at legal@gsourcers.com. You can also send postal mail to us at GSourcers, Attn: Legal.
Intellectual Property Policy
This Intellectual Property Policy was last updated on December 4, 2023.
GSourcers is a technology platform that enables anyone anywhere to create and share educational content. We host hundreds and thousands of courses on our online learning marketplace. Our marketplace model means we don’t review or edit the content for legal issues, and we aren’t able to determine the legality of the content. However, GSourcers respects the intellectual property rights of others and expects instructors on GSourcers to do the same. When instructors post content on GSourcers, they make the promise that they have the necessary authorization or rights to use that content.
Infringing activity is not tolerated on or through our platform.
This policy addresses what we do in the event of copyright takedown notices from content owners and trademark takedown notices from trademark owners with respect to the content on the GSourcers platform. The policy also addresses what we do when GSourcers instructors’ courses are copied on third-party platforms without their consent.
- Copyright Takedown Notices
- How to File a Copyright Takedown Notice
- Counter-Notification
- Trademark Takedown Notices
- How to File a Trademark Takedown Notice
- Infringement of your GSourcers Content on Third-Party Platforms
- Designated Agent Contact Information
Copyright Takedown Notices
GSourcers’ policy is to remove content from our service when it is reported as infringing in a copyright takedown notice received from the owner of the original content. It’s also our policy to remove all content from any instructor who’s determined to be a repeat infringer (for whom GSourcers has received more than two valid copyright takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.
How to File a Copyright Takedown Notice
If you’d like to report content on the GSourcers platform and if you are the owner or the designated agent of the owner of the rights to the content that you believe the content is infringing, the most efficient way is to use this copyright complaint form. You may also submit notices of alleged copyright infringement to our designated copyright agent, identified below.
Before you submit a copyright takedown notice, please remember these important things:
- We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the instructor who published the content you are reporting has received proper permission from the owner to use the content. We’ll ask you to provide an electronic signature to confirm that you’re the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization). If you don’t own the content that you’re reporting, you’re welcome to reach out to the owner and provide them with GSourcers’ copyright complaint form.
- Knowingly submitting a false or misleading copyright takedown notice is illegal and you could be held liable and must pay damages as a result. GSourcers reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
- Consider whether the use of your material in the content is “fair use.” Copyright law includes a “fair use” exception for certain uses of copyrighted content that are in the public interest. Before you submit a copyright claim, make sure that use of the copied content does not qualify as fair use. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether the content’s use of your material qualifies as fair use, you should look at:
- The purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms your material)
- The type of copyrighted work being used (whether your work is factual or creative)
- The portion being used (whether the content uses small, necessary excerpts of your material or substantial portions of it)
- The effect on the market for your material (whether potential buyers would purchase the content instead of your material)
- There are types of content that aren’t protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the copied content is indeed protected by copyright. If you need to report a trademark violation, please follow the steps outlined in the How to Submit a Trademark Takedown Notice section below.
- Your copyright claim must be sufficiently substantiated for us to be able to address it. This means:
- You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
- If you’re filing a notice on behalf of an organization, you include the name of the organization and your relationship to the organization.
- You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
- You provide sufficient information for us to locate the reportedly infringing content on the GSourcers platform (the URL on our website and the exact name of the course and instructor); and
- You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner’s behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
Counter-Notification
If we receive a valid copyright takedown notice, we’ll send a copy of that notice to the instructor who posted the reported content along with a notification that: (1) the content was reported for copyright infringement and (2) we’re removing the content from the GSourcers platform. We’ll also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your content has been reported for copyright infringement and removed from the GSourcers platform, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content, then you may send us a counter-notification.
Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and must pay damages as a result. GSourcers reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.
The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the GSourcers designated agent or the copyright team member who notified you. To be effective, a counter-notification must be in writing and include the following information:
- Your physical or electronic signature.
- Your name, address, and email address or telephone number.
- Identification of the content that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright takedown notice filed against your content; we always attach a copy when we notify you);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
- A statement that you consent to: (i) GSourcers sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant; and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the U.S.), or if you reside outside of the U.S., the jurisdiction of the United States District Court for the Northern District of California (headquarters of GSourcers).
Trademark Takedown Notices
GSourcers’ policy is to remove content from our platform when it’s reported and found to be infringing a third-party trademark. If you’re a trademark owner or a trademark owner’s authorized representative, you may submit trademark takedown notices to GSourcers. GSourcers reserves the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of another from its marketplace.
How to Submit a Trademark Takedown Notice
The fastest and easiest way to submit a trademark takedown notice to us is to use this trademark complaint form. Please note that a copy of your notice will be sent to the uploader of the content you are reporting.
Before you submit a trademark takedown notice, please remember these important things:
- Your trademark claim must be sufficiently substantiated for us to be able to address it. This means your communication must include substantially the following:
- Your complete contact information (full name, mailing address, and email or phone number);
- The specific word, symbol, etc. for which you claim trademark rights;
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
- The country or jurisdiction in which you claim trademark rights;
- The category of goods and/or services for which you assert rights;
- Precise location(s) in the reported course URL(s) where your registered trademark can be found;
- A description of how you believe this content infringes your trademark;
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”;
- The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”;
- The following statement: “I agree that GSourcers may forward my complaint, including my contact information, to the affected user.”; and
- Your electronic signature (“/s/” followed by your full name, e.g., “/s/ Jane Doe”) or physical signature.
- Submitting a false or misleading claim of infringement could result in liability for you. GSourcers reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
- Consider whether the use of your trademark in the content is “fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the content. Before you submit a trademark claim, make sure that use of your trademark in the content does not qualify as fair use.
Infringement of your GSourcers Content on Third-Party Platforms
We understand that when you post and make available your content on the GSourcers platform, you want to make sure that you won’t find that content offered on another platform without your permission. To help combat copyright infringement and piracy affecting courses of our instructors, we’ve partnered with an anti-piracy vendor to seek instances of infringement and to have them removed from most major search engines to stop traffic going forward.
In the event you find your course available on another platform without your permission, please fill out the third-party piracy reporting form so that we can pursue action.
Designated Agent Contact Information
GSourcers’ Designated Agent for notices of reported infringement can be contacted in the following manner:
- By filling out the copyright complaint form (for copyright takedown notices only)
- By filling out the trademark complaint form (for trademark takedown notices only)
- Via Email: legal@gsourcers.com
- Attn: Copyright Team
Services Agreement
This Agreement was last updated on December 7, 2023.
This Services Agreement (this “Agreement”) governs the access and use of one of more Services (as defined in Section 1 below) purchased from GSourcers, Inc., a Delaware corporation and/or its Affiliate(s) (collectively, “GSourcers”). By accepting this agreement or by using the services, customer acknowledges it has read, understands, and has the authority to enter into this agreement.
- Definitions. As used in this Agreement, the following terms have the meaning set forth below.
- “Affiliate”means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement.
- “Customer”means the party entering into this Agreement and or an Order Form with GSourcers.
- “Fees”means the amounts payable by Customer to GSourcers for access to the Services.
- “Order Form”means the ordering document mutually executed by GSourcers and Customer specifying: (i) the Service(s) purchased, (ii) the number of licenses purchased, (iii) Fees payable by Customer to GSourcers for provision of the Services, (iv) the subscription period of the Services to be provided by GSourcers to Customer, (v) billing and payment information, and (vi) any other applicable quantity specifications regarding Customer’s purchase of the Services.
- “Personal Data”means any data that Customer submits into the Services relating to an identified or identifiable natural person protected under data protection laws.
- “Services”means a platform that allows Customer to access online courses (“Courses”) and any related services offered by GSourcers that may be purchased by Customer and is set forth in the Order Form signed between parties.
- “Subscription Period”means the term agreed between the Parties as detailed in the Order Form.
- “GSourcers”means GSourcers, Inc., or one of its Affiliates.
- “Users”means the employees and contractors that Customer authorizes to access and use the Services.
- Provision of the Services. GSourcers agrees to make the Services available to Customer and its Users pursuant to the terms of this Agreement, and as specified in an Order Form. Where an Affiliate of Customer wishes to access or use the Services, such Affiliate must request Affiliate status and enter into its own separate Order Form governed by this Agreement, and then for purposes of that Order Form, the Affiliate shall be deemed the “Customer,” responsible for its performance and all obligations to GSourcers thereunder; provided, however, Customer shall be and remain responsible for the acts and omissions of any of its Affiliates.
- Terms of Use.
- Customer shall not, nor shall it permit its Users to: (i) use the Services in any manner that is unlawful or that infringes the rights of others; (ii) copy, distribute, resell, create derivative works from, hack, modify, or interfere with, including through the introduction of any computer code, file, or program that may cause damage to, the proper working of the Services, any of the Courses, or any third-party system made available through the Services; (iii) input any infringing, racist, hateful, sexist, pornographic, harassing, defamatory, libelous, or other similar inappropriate content into the Services or instruct GSourcers to include any such content in the Services; (iv) scrape, spider, or utilize other automated means of any kind to access the Services, including, but not limited to, accessing API endpoints for which Customer or its Users have not been provided authorization by GSourcers; (v) use the Services to build a competitive product to the Services; (vi) share login access to the Services among multiple individuals, transfer a User license (except in connection with a termination of employment), or otherwise permit any person other than the Users to use the Services; (vii) use GSourcers’ APIs in violation of the API License Agreement, which can be found at https://www.gsourcers.com/terms/api/, nor instruct a third party to access GSourcers’ APIs; (viii) use the Services for any purpose other than as a platform for supplementing learning and training of Users; or (ix) permit any individual who is legally incapable of giving consent for the use of online services or the collection and processing of their personal data to use the Services (e.g., individuals under 13 years old)
- Violations of Restrictions. If GSourcers determines that Customer or any of its Users has violated the restrictions set forth in Section 3 above (collectively, the “Terms of Use”), and if such violation is remediable GSourcers shall notify Customer of such violation. If Customer fails to cure such violation within ten (10) days, then GSourcers may terminate or suspend access to the Services for Customer or the relevant Users. Separately, GSourcers may remove or edit inappropriate content or activity identified by or reported to GSourcers.
- Fees. Customer will pay the Fees as set forth in one or more Order Forms. Unless stated otherwise in an Order Form, all fees are payable in ZAR or US dollars. Any future incremental add-on or renewal orders after the initial subscription period (as set forth in an Order Form) shall be subject to the subscription standard price in effect at time of purchase. In the event that Customer is late in making payments, GSourcers reserves the right to charge the greater of 1.5% interest per month or the maximum interest permitted by law, and Customer will be liable for all third-party collection costs.
- Taxes. The Fees are stated exclusive of all federal, state, local, and foreign taxes, levies, and assessments of any nature, including value-added, use, or withholding taxes. Customer agrees to bear and be responsible for the payment of all such taxes, levies and assessments imposed on Customer arising out of this Agreement, excluding any tax based on GSourcers’ income, gross receipts, business and occupation tax, and employment-related taxes. If tax withholding is required, Customer will pay the required amount to the relevant governmental authority and produce a withholding tax certificate to GSourcers while remitting the residual to GSourcers.
- Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to a party (the “Receiving Party”) by the disclosing party (the “Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Confidential Information will not, however, include any information that: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (ii) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (iii) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (iv) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (v) is independently developed by the Receiving Party without use of or reference to the Confidential Information. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law provided that the Receiving Party will use reasonable efforts to seek confidential treatment for such Confidential Information, and, if and as permitted by law, will provide prior notice to the Discloser to allow the Discloser to seek protective or other court orders.
- Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees: (i) not to disclose any Confidential Information to third parties, and (ii) not to use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.
- Processing of Personal Data. Customer agrees that GSourcers may process Personal Data as necessary for: (i) storage and processing in accordance with the Agreement and applicable Order Form(s); (ii) processing initiated by Users in their use of the Services; and (iii) processing to comply with other documented reasonable instructions provided by User (e.g. via email or support tickets) where such instructions are consistent with the terms of the Agreement. To the extent that Customer is subject to data privacy law, then Customer agrees to request from GSourcers a data protection agreement prior to providing any Personal Data to GSourcers. Customer will have sole responsibility for the legality of Personal Data and how Customer acquired Personal Data, including providing legally adequate notices to and obtaining any necessary consent from its employees, agents, or third parties to whom it extends the benefits of the Services.
- Term and Termination.
- The Agreement will commence on the Effective Date, and will continue until all Order Forms hereunder have expired or have been terminated. The term of an Order Form will be specified as the Subscription Period therein and unless otherwise stated in such Order Form, the Subscription Period will renew automatically, unless terminated by either party by giving at least 30 days written notice prior to the end of the Subscription Period.
- Termination for Material Breach. Either party may terminate this Agreement and any applicable Order Form(s) in the event that the other party materially breaches this Agreement, by providing 30 days’ written notice, unless such breach is cured during such 30-day notice period. In the event that Customer terminates this Agreement or any Order Form due to material breach by GSourcers, then Customer will be entitled to receive a pro-rated refund for Services not rendered past the termination date. The parties agree that those provisions that by their nature are intended to survive the termination of this Agreement shall survive the termination notwithstanding the cause of termination.
- Irrespective of any cure periods stated in this Agreement, GSourcers reserves the right in its sole discretion to terminate or suspend access to the Services for Customer or the relevant Users at any time if immediate action is required to prevent or protect against fraud or to address imminent potential harm or damages.
- Trial Subscriptions. Services may be made available on a trial basis (“Trial Subscription”) to Customer for a period of up to 14 days, or a longer period agreed between the parties (“Trial Period”). Trial Subscriptions are subject to the terms and conditions of this Agreement, except however that: (i) Trial Subscriptions may only be used to evaluate and facilitate Customer’s decision to purchase a subscription to Services; (ii) Trial Subscriptions are provided by GSourcers on an AS IS and AS AVAILABLE basis without warranties of any kind and (iii) GSOURCERS’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTIONS, CLAIMS AND DAMAGES IN CONNECTION WITH ANY TRIAL IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). At the end of the Trial Period, Customer must sign an Order Form and pay the applicable Fees, and this Agreement terminates as related to the Trial Subscription. Customers continued use of the Services after a Trial Period is subject to this Agreement. If Customer provides GSourcers with any feedback, Customer agrees that GSourcers owns and may use in any manner and without limitation, attribution or compensation in any form, all feedback Customer provides. All such feedback shall be deemed GSourcers’s Confidential Information.
- WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE AGREED BY THE PARTIES, GSOURCERS PROVIDES THE SERVICES AS-IS AND DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, THE COURSES, AND ANY THIRD-PARTY SYSTEMS OR PLATFORMS ACCESSIBLE THROUGH THE SERVICES, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR AVAILABILITY.
- Limitation of Liabilities.
- NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR (ii) IN THE AGGREGATE, ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO GSOURCERS IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.
- Notwithstanding the limitation of liability set forth above: (i) any indemnified liability and any liability arising from violation of the Terms of Use will not be limited, and (ii) each party’s liability arising from breach of its confidentiality obligations hereunder, will be limited to three times the Fees paid or payable by Customer to GSourcers in the 12 months prior to the date the relevant claim arose.
- Indemnification.
- GSourcers’s Indemnification Obligations. GSourcers agrees to defend Customer for any third-party claim arising from an allegation that the Services infringes a third party’s intellectual property rights (“Claim Against Customer”), and indemnify Customer from any proven damages, reasonable attorney fees, and associated reasonable costs and expenses (“Losses”) incurred by Customer as a result of a Claim Against Customer. In the event that the Services become subject to a third-party intellectual property claim, or GSourcers believes that the Services will become subject to such a claim, then GSourcers may elect to: (i) modify the Services so that they are no longer allegedly infringing, (ii) obtain a license for Customer’s continued use of the Services, or (iii) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states GSourcers’s sole liability to Customer with respect to a claim that any part of the Services infringes the intellectual property rights of a third party. GSourcers shall have no liability for any claim in respect of any Services to the extent that (i) the Services are used by Customer outside the scope of the rights granted in the Agreement or in a manner or for a purpose other than that for which it was supplied or (ii) the Services are modified by or on behalf of Customer.
- Customer’s Indemnification Obligations. Customer agrees to defend GSourcers for any third-party claim arising from Customer’s or its Users’ violation of the Terms of Use (“Claim Against GSourcers”), and indemnify GSourcers from any Losses incurred by GSourcers as a result of a Claim Against GSourcers.
- Requirements for Indemnification. In order for the indemnification obligations hereunder to apply, the party seeking indemnification must: (i) promptly tender a claim for indemnification, (ii) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (iii) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense. Notwithstanding the foregoing, a party may not consent to entry of any judgment or enter into any settlement that imposes liability or obligations on the other party or diminishes the other party’s rights, without obtaining the other party’s express prior consent, such consent not to be unreasonably withheld or delayed.
- Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
- Publicity. Customer grants GSourcers the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on GSourcers’s website and in other promotional materials.
- Force Majeure. Neither party will be liable for any delay in the performance of its obligations hereunder during, and to the extent caused by, a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, interruption or failure by a third-party hosting or Internet provider or utility provider, governmental actions, or denial of service attacks.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.
- Governing Law Venue, and Attorney’s Fees. This Agreement and any disputes arising under it will be governed by the laws of the Republic of South Africa without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Johannesburg, Gauteng. In the event of any dispute between the parties regarding the terms of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
- Team Plan. “Team Plan”means an online learning platform delivering on demand Courses for businesses and their employees available through self-service sign-up. For Customers purchasing Team Plan only, an electronic Order Form must be submitted online. Order Forms will renew automatically, unless terminated by either party by giving at least 30 days written notice prior to the end of the then-current term or by disabling auto-renewal within the Services.
- Third Party Transactions. If Services are purchased by a customer of an authorized reseller of GSourcers, this Agreement continues to apply, other than terms related to pricing, billing, invoicing and payment, and instead the terms of purchase shall be as agreed to between Customer and Reseller. If Services are purchased by a customer of a third party partner of GSourcers, Sections 2 (Provision of the Services), 3 (Terms of Use), 4 (Violations of Terms of Use), 8 (Processing of Personal Data), 11 (Warranties and Disclaimers), 12 (Limitation of Liabilities), and 18 (Governing Law, Venue, and Attorneys’ Fee)of this Agreement applies.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. Where GSourcers has provided you with a translation of the English language version of this Agreement or any document referenced in this Agreement, the translation is provided for your convenience only and the English language versions of any such document, will control. This Agreement, or any part thereof, may be modified by GSourcers at any time, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.
- Contracting Party, Governing Law, and Currency for South African Customers. As of this Agreement and any disputes arising under it will be governed by the laws of South Africa, and both parties consent to the exclusive jurisdiction and venue of courts in Gauteng, South Africa for all disputes arising out of this Agreement. In addition, if Customer is located in South Africa, notwithstanding Section 18 above, then any dispute, claim, or any non-payment (any of which shall be treated as a dispute) whether present or future, whatsoever between the parties under, arising out of, relating to or in connection with this Agreement shall be settled by mandatory arbitration in accordance with the provisions of the Arbitration Act No. 42 of 1965 to provide for the settlement of disputes by arbitration tribunals in terms of written arbitration agreements and for the enforcement of the awards of such arbitration tribunals.
Coaching Marketplace
Last updated: January 3, 2023
GSourcers is a marketplace that allows professionals to coach others in their informal learning efforts via the platform. By becoming a coach, you accept to help leaners to achieve their online learning goals by providing active training guidance, feedback, and support until they obtain a certificate of completion.
These Terms (“Policy”) therefore regulate your use of the GSourcers Coaching Platform, located at www.gsourcers.com – operating on desktop computers, laptops, tablets, and smartphones. When these Terms mention “GSourcers”, “we”, “us”, or “our”, it refers to the GSourcers company you are contracting with.
BY ACCESSING THE GSOURCERS WEBSITE OR BY UTILIZING THE GSOURCERS SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES. THE GSOURCERS SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
- Scope of GSourcers Services
- Students are fully responsible for selecting the right course for their needs. Before engaging a Coach, Students are strongly advised to review and consider each Coach’s self-reported credentials, education, and teaching experience, along with reviews from other students. Students are advised to rate them.
- For children under the age of twelve, all Coaching sessions should be supervised by one of the parents or a legal guardian.
- As the provider of the GSourcers Platform, GSourcers does not create, own, provide, manage, deliver, or supply any Listings. Coaches are responsible for their Listings (Bio description). When Students and Coaches make, or accept a booking, respectively, they are entering into an agreement directly with each other. GSourcers is not and does not become a party to such contractual relationship, except as specified in the Payments Terms.
- For Coaches: if you choose to use the GSourcers Platform as a host, your relationship with GSourcers is limited to being an independent Coach, and not an employee, agent, joint venture or partner of GSourcers for any reason, and act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of GSourcers.
- To promote the GSourcers Platform and to increase the exposure of Listings to potential Students, Listings may be exhibited on other websites, in applications, within emails, and in online and offline advertisements.
- To accommodate Coaches and Students who speak different languages, web content and Listings may be translated, in whole or in part, into other languages. GSourcers cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. Please contact the GSourcers support at support@gsourcers.comfor any request in changing translations.
- Due to the dynamic nature of the Internet, GSourcers cannot guarantee the continuous and uninterrupted availability and accessibility of the GSourcers Platform. From time to time, GSourcers may restrict the availability of the GSourcers Platform or certain features thereof, if this is necessary in carrying out site maintenance measures that would assure the proper or optimized functioning of the GSourcers Platform.
- GSourcers may arrange to collect payment from students on behalf of Coaches. Although students must have a valid payment method on file before booking sessions with Coaches, GSourcers does not guarantee payment will be successfully collected from students; nor is responsible for any losses or damages to Coaches due to non-payment by students for any reason whatsoever. Should GSourcers not be able to collect payment from a student on behalf of a Coach, it is the sole responsibility of the Coach to try to collect payment from the student.
- The GSourcers Platform is an online marketplace that enables registered “Users” (Students and Coaches) seeking Coaching services to connect, communicate and transact directly with those seeking to provide Coaching services (“Listings”). Coaches are considered as independent contractors hired by Students, thus Coaches determine the methods, materials, and all details of the sessions.
- Site Usage: You agree that while using GSourcers services you agree to:
- Not use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity)
- Not engage in activity that is false or misleading.
- Not infringe upon the rights of others.
- Not do anything that violates the privacy of others.
- Not help others break these rules.
- Not transmit (a) any material, non-public information about companies without the authorization to do so; (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication.
- Not engage in spamming or flooding.
- Not arrange communications, accept payments, or book sessions outside of the GSourcers platform for students that you receive from GSourcers.
- Not do anything nasty or illegal.
- Not do anything that exploits, harms, or threatens to harm children, yourself, our service, or anyone else.
- To allow all your communications (oral and written) and content to be monitored live, recorded, and reviewed for quality control by GSourcers employees.
- Follow all instructions and recommendations from GSourcers employees.
- Reply to all messages from students and GSourcers employees.
- Reply to all messages from students and GSourcers employees in a reasonable time frame as determined by GSourcers.
- GSourcers enforcement policy: If you violate any of the terms of service, your account may be temporarily suspended for any length of time or terminated at the sole discretion of any GSourcers employee.
- Use of Services and Your Responsibilities.
You may only use the Services pursuant to the terms. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy, and export control. Use of the Services is void where prohibited.
- Registration Information. You may be required to provide information about Yourself to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your username and password and agree not to disclose such to any third party.
- Your Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to GSourcers and that such use does not violate or infringe on any rights of any third party. Under no circumstances will GSourcers be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred because of the use of, access to, or denial of access to Content. Although GSourcers is not responsible for any Content, GSourcers may delete any Content, at any time without notice to You, if GSourcers becomes aware that it violates any provision of these Terms, or any law.
- Recordings. You are responsible for compliance will all recording laws. The host can choose to record GSourcers classroom meetings. By using the Services, you are giving GSourcers consent to store recordings for any or all GSourcers classroom meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar.
- Prohibited Use. You agree that you will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts GSourcers’ networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of GSourcers or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or GSourcers’ security systems. (ix) use the Services in violation of any GSourcers policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
- Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with GSourcers. You may not offer or enable any third parties to use the Services purchased by You, display on any website, or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially like the Services.
- RESPONSIBILITY FOR END USERS.
You are responsible for the activities of all End Users who access or use the Services through your account, and you agree to ensure that any such End User will comply with the terms of this Agreement and any GSourcers policies. GSourcers assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact GSourcers at support@gsourcers.com. GSourcers may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content, or terminating accounts and/or User profiles. Under no circumstances will GSourcers be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred because of the use of, access to, or denial of access to any data or content.
- OBLIGATIONS FOR CONTENT. GSourcers will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. GSourcers will notify You if it becomes aware of unauthorized access to Content. GSourcers will not access, view or process Content except (a) as provided for in this Agreement and in GSourcers’ Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. GSourcers has no other obligations with respect to Content.
- Eligibility, Users Verification.
- To access and use the GSourcers Platform or register a GSourcers account, you must be at least 18 years old, and hence able to enter legally binding contracts.
- For Students who are younger than 18 years old, a parent or legal guardian must be present when the student signs up and when they are in session with a Coach.
- Verifying a User’s credentials is complicated on the Internet, and we do not assume any responsibility for the confirmation of any User’s identity. In any event, to ensure transparency and prevent fraud, and we may, but no obligation to (i) ask Users to provide a proof of government identification or other types of information intended to help verify the identities and backgrounds of Users, (ii) screen Users against third party databases, and (iii) where we have adequate information to identify a User, obtain reports from public records of criminal convictions.
- Account Registration
You must register an account (“GSourcers Account”) to access and gain full access to the “GSourcers Online Classroom.”
- You can register a GSourcers Account using an email address and creating a password, or through your third-party social networking accounts, such as Facebook or Google (“SNS Account”).
- During the registration process, you must provide veritable and current information. We strongly advise you to always keep your GSourcers Account and public GSourcers Account profile page up to date.
- Privacy
- To help you get the most out of our platform, we collect User submitted personally identifiable information (“PII”) and non-personally identifiable information (“non-PII”) when you use the GSourcers Platform. We may collect information you provide when you create or edit your profile, upload content (photographs, images, videos, essays, lessons, etc.), provide profile descriptions or comments, participate in interactive features of the GSourcers Platform, connect or communicate with us via third party social media sites, send us an email, request technical support or otherwise communicate with us or communicate with other Users through the GSourcers Platform. This information is retained by us solely for the purpose of documentation and software development.
- GSourcers is committed to protecting your online safety and privacy. GSourcers will not be responsible for errors and omissions (E&O) for any user of our system. As a user, you acknowledge that GSourcers will not have liability for any damages to you or to any third parties due to data breaches. PII and non-PII are never shared with anyone except for the following purpose: among GSourcers staff for software development and communication, or as legally required.
- We reserve the right to have non-exclusive and royalty-free license to Coach photographs/images/videos/text/documents that are uploaded to Coach profiles, for the purpose of sharing/promoting/advertising Coach profiles on any/all GSourcers’ social media accounts* (Facebook, Twitter, LinkedIn, Instagram, Snapchat, or other), and in referral emails or any/all other means of sharing/promoting/advertising.*Corresponding privacy policies apply.
- Explicitly, phone numbers, email addresses, website, and social media accounts are not allowed to be included in any of the fields displayed on your profile.
- Tracking Technologies
- GSourcers uses technologies such as cookies, tags, and scripts, to analyse trends, administer the GSourcers Platform, track users’ movements around the GSourcers Platform, and gather demographic information about our Users as a whole.
- GSourcers uses cookies to help enhance user experience based on User attributes like your location and account preferences. No PII is stored in our cookies. You have the option to disable or delete cookies at the individual browser level at any time, but please note that this action may limit your use of the GSourcers Platform
- GSourcers collects certain information automatically and store it in log files and combine with other information that are collected from Users. Such information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This is for enhancing services that you receive, and to improve marketing, analytics, and/or site functionality.
- By agreeing to GSourcers’ Terms of Use when you first sign up as a Coach or student, you give your consent for GSourcers to collect the above-mentioned information.
- By signing up as a Coach or Student, you agree to receive promotional and administrative (i.e. updates) emails from GSourcers from which you can unsubscribe at any time.
- Service Fees
- GSourcers may charge fees to Coaches in consideration for usage of the GSourcers platform. If changes to service fee policies are made, the revised Terms will be posted on the GSourcers Platform; and updates will be made to the “Last Updated” date at the top of these Terms.
- Payments
- Coaches
- GSourcers pays its Coaches out via FNB eWallet, PayFast or PayPal, therefore, to get paid for your Coaching sessions, you will need to create and connect a PayPal or PayFast account. To connect your account to the platform, go to your Payment Gateway in your Dashboard.
- GSourcers processes all payments from students on your behalf 48 hours after a session is complete. Within 24 hours of being processed by PayPal, the payment will appear in your PayPal Dashboard via your Payment Gateway. You can see your payment history by clicking on “View Stripe Dashboard”. Once processed by PayPal, the payment will take up to 7 days to reach your connected bank account. An exception is made for Coaches outside South Africa who use the session package or assignment review features, or if a student applies a coupon/credit to their session. In this case, the payment will be processed by PayPal on the first business day of the month.
- PayPal payments to Coaches are processed on the first business day of the month. A minimum balance of $40 USD is required before a PayPal payment is initiated. Payments are handled as “Paying for an item or service”. GSourcers pays the processing and currency conversion fees as a sender. When a Coach receives money, PayPal charges the Coach fees and deducts the fees from the sent amount. The fees vary from country to country. See Fees | Merchant and Business | PayPal US
- As required by the South African Revenue Services (SARS), GSourcers collects sales tax on all services rendered to Coaches residing in South Africa.
- Students
- Students can pay for Coaching services via credit card or debit VISA/Mastercard. To connect your credit card to the platform, go to your Payment Methods in your Dashboard. Payments are held 48 hours before a session occurs, however are processed 48 hours following the conclusion of a scheduled session. If a session is requested with less than 24 hours until its start time, payment will be held at the time of the booking request.
- All paid sessions will incur a minimum $0.50 charge regardless of session duration. All paid sessions that are extended beyond the original session time will incur a $0.50 processing fee for each extension period.
- Students will see a processing fee applied to booked sessions. This applies to all sessions where a credit card is used for payment. Students who book a session using a coupon, gift card or use existing credits in their account will not incur this charge.
- Students are not allowed to stack (use more than one) coupon or discount code at a time. Only one coupon or discount optionis allowed per Coaching session. GSourcers has the right to reject coupons or discount codes at any time, at their own sole discretion without any notice required.
- Refund Policy
- If a student is not satisfied with a Coaching session, a request for a refund must be made within 24 hours of a session ending. The request must be made by submitting a support ticket to accounts@gsourcers.com. All refund requests will be investigated and approved or denied at the sole discretion of GSourcers. In the instance where a refund request is approved, payment to the Coach will be cancelled. The amount of the refund will be determined at the sole discretion of GSourcers and will be returned to the student’s original method of payment within 5 to 10 business days. GSourcers is not responsible for issues beyond our control and will not approve refunds for: bad internet connection, incompatible devices, blocked browser access, etc.
- If a student purchases a package from a Coach, but does not use all of the package, they may be eligible for a refund. The amount of the refund will be reduced by the amount of any discount that the student received for any sessions taken using the package. All packages expire 1 (one) year after the purchase date. Expired packages are non-refundable.
- For AI Coach, no refunds will be given for monthly subscriptions. Pro-rated refunds can be given for an annual subscription up to but not including the current month of use. The request for refund must be made by submitting a support ticket to accounts@gsourcers.com.
- No-show Policy
- Coaches
- If a Coach is absent from a session, the session will be credited back to the student if:
- The student ends the session early and marks the Coach as a “no-show”. In this case, the amount of the session will automatically be returned to the student’s original payment method within 5 to 10 business days.
- The student does not mark the Coach as a “no-show” and a request is made by the student within 24 hours of the session ending. The request must be made by submitting a support ticket to accounts@gsourcers.com. The amount of the session will be returned to the student’s original method of payment within 5 to 10 business days. If three or more sessions are missed by the Coach, the Coaches ranking will be affected in the search engine results and they may be subject to a bad review.
- Students
- If a student does not show up to a session, their session and any associated fees will be forfeited and paid out to the Coach. It is at the Coach’s discretion to reschedule and make up the missed session.
- Students may reschedule or cancel a session up to 24 hours before the scheduled start time. Students who cancel a session less than 24 hours before the scheduled start time, show up late or miss a session may be billed the full amount of the session. Coaches, at their own discretion, may offer to extend a session or reschedule a session at no extra charge to accommodate students who cancel a session less than 24 hours before the scheduled start time, show up late or miss a session.
- Technical
- Online Classroom
- If a student and Coach experience technical issues in the online classroom, and the session runs for less than five minutes, the student will be refunded the full amount of the session. The Coach will not be compensated for this time.
- If a student and Coach experience technical issues in the online classroom, and the session runs for more than five minutes, the student will be charged the prorated amount until the session ends. The Coach will be compensated for the prorated amount.
- Disclaimer
- The views or opinions expressed by Coaches or Students are entirely their own and do not necessarily reflect the views or opinions of GSourcers.
- Feedback
- GSourcers encourages both positive and negative feedback to better improve the GSourcers Platform. You can submit your feedback to support@gsourcers.com. We are always willing to listen to our customers.
- General Provisions
- If you have any questions about these Terms, please email us at support@gsourcers.com
Instructor Terms
These Instructor Terms were last updated December 3, 2023.
When you sign up to become an instructor on the GSourcers platform, you agree to abide by these Instructor Terms (“Terms“). These Terms cover details about the aspects of the GSourcers platform relevant to instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren’t defined in these Terms are defined as specified in the Terms of Use.
As an instructor, you are contracting directly with GSourcers, Inc. (a private limited company in the Republic of South Africa), regardless of whether another GSourcers subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- you own or have the necessary licenses, rights, consents, permissions, and authority to authorize GSourcers to use your Submitted Content as specified in these Terms and the Terms of Use;
- 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 teach and offer the services that you offer through your Submitted Content and use of the Services; and
- you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous 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) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students;
- 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;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other instructors from providing their services or content; or
- abuse GSourcers resources, including support services.
2. License to GSourcers
You grant GSourcers the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize GSourcers to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, GSourcers’ right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) GSourcers’ right to use such Submitted Content for marketing purposes shall survive termination.
We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant GSourcers permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or GSourcers’ content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by GSourcers’ Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by GSourcers from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to GSourcers’ approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- an instructor or content does not comply with our policies or legal terms (including the Terms of Use);
- content falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behaviour that might reflect unfavourably on GSourcers or bring GSourcers into public disrepute, contempt, scandal, or ridicule.
- an instructor engages the services of a marketer or other business partner who violates GSourcers’ policies;
- an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates GSourcers’ policies; or
- as determined by GSourcers in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The GSourcers platform allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage, and you are required to comply with our Co-Instructor Relationship Rules and Guidelines when taking such actions. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your GSourcers account and Submitted Content. Violations of GSourcers’ terms and policies by your co-instructor or teaching assistant may also impact your GSourcers account and Submitted Content. GSourcers is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the GSourcers platform, and that you won’t solicit additional personal data or store students’ personal data outside the GSourcers platform. You agree to indemnify GSourcers against any claims arising from your use of students’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint GSourcers and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant GSourcers and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that GSourcers and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to takedowns@GSourcers.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4. Pricing
4.1 Price Setting
When creating Submitted Content available for purchase on GSourcers, you will be prompted to select a base price (“Base Price“) for your Submitted Content from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free. As a premium instructor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).
If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent (as detailed below). If you opt to participate in a Promotional Program, we may set a different discounted price or list price for your Submitted Content as described in the Promotions Policy.
When a student purchase using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by GSourcers and fixed periodically into a table of corresponding price tiers by currency (“Price Tier Matrix“). Since the Price Tier Matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time. The Price Tier Matrix and additional information on GSourcers’ pricing tiers are available here.
When a student purchases through a mobile application, the mobile platform provider’s pricing matrix will control, and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.
You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires GSourcers 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).
4.3 Promotional Programs
GSourcers offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our Promotions Policy. These programs can help increase your revenue potential on GSourcers by finding the optimal price point for your Submitted Content and offering them through subscriptions collections.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns and certain programs may have additional requirements on termination.
5. Payments
5.1 Revenue Share
When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by GSourcers from the student (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% service and processing fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
If you have not opted into any of GSourcers’ optional Promotional Programs, and except for sales through instructor-generated coupon codes or course referral links as described below, your revenue share will be 37% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email or by posting a notice through our Services.
If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.
GSourcers makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. GSourcers is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
5.2 Instructor Coupons and Course Referral Links
The GSourcers platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at GSourcers’ current price, or for free, as permitted within the Services. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation. Additional information and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies.
Where a student applies your coupon code or referral link at checkout, your revenue share will be 97% of the Net Amount less any applicable deductions, such as student refunds.
5.3 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal, PayFast or a Bank Account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax or stamped bank letter documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your 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 you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an instructor, you are responsible for determining whether you are eligible to be paid by a U.S. 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.
If we cannot settle funds into your payment account after the period set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
5.4 Refunds
You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s Submitted Content.
6. Trademarks
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
You must:
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish.
- only use our trademarks in connection with the promotion and sale of your Submitted Content available on GSourcers or your participation on GSourcers; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Deleting Your Account
Instructions on how to delete your instructor account are available here. 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 students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support Center.
8. Miscellaneous Legal Terms
8.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and GSourcers reserves the right in its sole discretion to modify and/or make changes to these Terms 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.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
8.2 Translations
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
8.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.4 Survival
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to GSourcers), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
9. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Recruiting activities by members and non-members
These GSourcers recruiting Terms (collectively, “Recruiting Terms”) form a part of, and are incorporated into, the GSourcers Terms of Use (the “Agreement”), and apply to any Employer that accesses or uses the GSourcers advert, messaging, profile and resume service offering, or that otherwise indicates its acceptance of these Terms. By agreeing to the recruiting Terms, you also agree to the GSourcers Terms of Use.
Any capitalized terms that are used but not defined in these recruiting Terms have the meaning set forth in the Agreement.
1. The Program
Use of the GSourcers Resume/CV Search Program (“Program” or “recruiting”) by an individual / Job Seeker who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable GSourcers best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. You agree and acknowledge that the Program pricing and offerings are subject to change. Purchasing additional subscriptions or plans, or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans associated with your account, resulting in pro rata charges to account for the new date. If you purchase a new plan in India during the duration of your current plan, the new plan will begin after your current plan ends. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners or other individuals, through GSourcers, for purposes of filling your Job Listings. You shall not use the GSourcers Resume Search Program for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Please note that contacts expire six months from the date of subscription purchase. Contacts that you receive via a special offer expire six months from the date you redeem that offer, unless otherwise stated in the offer. Contact information provided by GSourcers, including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a resume, in order to circumvent the resume contact system. Use of such a product or system will result in your immediate termination from the Program. In addition, as a feature of the RECRUITING, GSourcers may send emails to Resume Owners on your behalf indicating that your Job Listing is potentially a match for their resume. In some circumstances, GSourcers may limit the number and/or frequency of times you may contact a Resume Owner or any individual through the Site. For example, if you contact a Resume Owner, and the Resume Owner does not express interest or contact you back, you may not be able to contact them again for a period of time.
IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying GSourcers the amount indicated on the Site for the purpose of GSourcers facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to GSourcers, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all GSourcers Site Rules and policies, including the GSourcers Privacy Policy and any policies pertaining to Relay Services. GSourcers does not guarantee that the email address is still in use, that such message will be received, read, or acted upon by any potential Resume Owner or job seeker, or that any individual or Resume Owner’s resume or information thereof is valid, accurate or complete in any respect. GSourcers may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. GSourcers does not allow its Program, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the Program service in such manner. GSourcers defines “spam like manner” as sending requests for job positions to persons who are, as indicated by GSourcers experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. GSourcers reserves the right to disable GSourcers Resume Search contact service for any user who, in GSourcers’ sole discretion, violates these RECRUITING Terms, including the foregoing term. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that GSourcers suspects to be malicious or spam, or for any or no reason. The only acceptable use of the recruiting is for you to contact a Resume Owner or individual through GSourcers regarding a Job Listing or potential employment. No other uses of the recruiting are permitted. Scraping or data mining the GSourcers Resume Search database, which may include any Job Seeker Resume, or using the GSourcers Resume Search database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Resume Search if we suspect that your use may adversely affect GSourcers’ system, you are using the Resume Search in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of GSourcers (including but not limited to any job aggregation website or any job posting websites) you may not use the GSourcers Resume Search database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the GSourcers Resume Search database may result in GSourcers blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those Resume Owners without notice and you consent to the same. GSourcers may limit the number of devices each account is logged into. Each Resume subscription or plan is solely for the individual use of the person to whom it is assigned, and may not be shared with other users. If you have a plan in India, you agree that adding seats to the plan does not add additional contacts to the subscription plan; if you add a seat on a day after the subscription plan has started, the price you pay for that seat is prorated, however, the number of contacts remains unaffected. For plans in India, once the time period on your subscription plan expires, so will any remaining contacts; no unused contacts will carry over to your new plan.
In the event phone numbers are provided by the Resume Owner in the resume, GSourcers does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call Resume Owner regarding relevant job opportunities only. It is your sole responsibility to comply with all guidelines, as well as other laws against automated telephone dialling systems or laws governing phone or mobile communications in your applicable jurisdiction.
Information contained in Resume Owner resumes is self-reported by Job Seekers, may be outdated or inaccurate, and is not verified by GSourcers. Any filtering, sorting, matching, or ranking tools available to you as part of the Resume Search Program rely on this Job Seeker-provided information and/or information you provide to GSourcers about your job requirements or preferences. The appearance of a given Job Seeker’s resume in search results or as a match is not a guarantee that the Resume Owner has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, GSourcers does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. You are solely responsible for determining or verifying any Resume Owner provided information or any publicly available information, including whether a Resume Owner / Job Seeker has a certain license, certification, or security clearance. In a product on the Site, you may see a verification of a Job Seeker’s skills, certifications, or other qualifications. GSourcers does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.
In the Republic of South Africa, GSourcers may make publicly available information aggregated from various sources searchable by third parties (like Employers) through the Program. We make that information available on a limited basis and for a limited time to help Employers find and connect with potential job seekers about an Employer’s Job Listings or job opportunities, and such information may not be used for any other purpose. You may remove your publicly available information from the Program and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site, submit this form.
2. Cancellation
Once you have requested that GSourcers contact a Resume Owner, you may not revoke such request. Cancellation of your use of the RECRUITING shall be in accordance with any cancellation policies listed on the Site.
GSourcers reserves the right to cancel any subscription at any time and for any or no reason. GSourcers may immediately cancel, update or modify the Program or these recruiting Terms in our sole discretion at any time without liability and your use of the Program after notice that the Program or these recruiting Terms have changed indicates acceptance of the updated recruiting Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these recruiting Terms.
3. Your Information
You represent and warrant that all information you provide to GSourcers is correct and current. You represent to GSourcers that you are an Employer interested in considering the Resume Owner as a potential employee.
4. Disclaimer and Limitation of Liability
GSOURCERS’ PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, GSOURCERS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO GSOURCERS IS VALID, THAT ANY EMAIL SENT BY GSOURCERS AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. FURTHER, GSOURCERS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUME IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUME DESCRIBES AN APPLICANT’S SKILLS, QUALIFICATIONS, OR ABILITIES. GSOURCERS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE GSOURCERS, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. GSOURCERS DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE RECRUITING TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE RECRUITING TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GSOURCERS BY YOU FOR THE GSOURCERS RESUME SEARCH SERVICE GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged if, and as, indicated by the Site. Upon your request, GSourcers may in its sole discretion pause your subscription or plan and associated cost, and upon GSourcers unpausing the subscription or plan, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription plan are available on the Site. If your billing address is in the Republic of South Africa, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euro, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. This choice of currencies will be fully subject to GSourcers’ discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees GSourcers incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all GSourcers products and services. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION OR PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of GSourcers and only in the form of credit for GSourcers services. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to GSourcers may be shared by GSourcers with companies who work on GSourcers’ behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to GSourcers and servicing your account. GSourcers may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. GSourcers shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and GSourcers shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by GSourcers. Except for plans in India, if you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and GSourcers will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
6. Indemnification
You shall indemnify, defend and hold harmless GSourcers, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Program, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these RECRUITING Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the Program, such as an Applicant Tracking System (ATS).