Hobbynes is an International Hobby Learning and sharing platform.  In these Terms of Service, the “Key Terms” deal with using Hobbynes, and the “Student Terms” and “Teacher Terms” set out the legal basis on which Hobbynes is provided. You (“user”, “teacher”, “student”) must accept these terms to use Hobbynes. Hobbynes treats the confidentiality of our user’s information seriously and handles all personal information in accordance with Indian privacy laws and the GDPR and other privacy laws, as set out in the Hobbynes Privacy Policy. On a simple rule, we protect our Users’ information, not exploit it.

Information Technology Act, 2000 (“IT ACT, 2000”), and regulations promulgated thereunder, and sections of numerous laws relevant to electronic documents/records revised by IT ACT, 2000 comprise this set of Terms and Conditions. No physical, electronic, or digital signature is required for the purposes of these Terms and Conditions.

Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under the IT ACT, 2000, requires the publication of rules and regulations, privacy policies, and user agreements for access or use of the website. This document is published and shall be construed in accordance with that rule.

A legally binding agreement between Hobbynes Tech LLP (“Hobbynes”, “we”, “our”, “us”) and the user is included in these terms of use. When you accept these terms of use (directly or indirectly in electronic form or through an electronic record), they will govern your use of the website (www.hobbynes.com), mobile application, or other services provided by Hobbynes.

Please take the time to go through these terms of service. By using this website, mobile application, or other services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth below. Please do not use our website, mobile application, or any other service if you do not accept the terms of these terms of service. By agreeing to this document, you provide Hobbynes your unqualified approval and agreement in accordance with Sections 43A and 72A of the IT ACT, 2000.

You and Hobbynes have agreed to these terms of service. The Terms are additional to any terms and conditions set forth by third party applications, like Zoom. In order for you to access and use the services, you must read and agree to these terms of use, as well as the privacy policy or other terms and conditions, as well as any other notices, disclaimers, and guidelines that appear on the our Services from time to time (collectively known as “Agreement”). 

I. KEY TERMS

The following terms are used regularly throughout these Terms and Conditions and have a particular meaning:

1. Account means a registered account within Hobbynes and includes both Student and Student accounts.
2. Agreement means the agreement formed in accordance with these Terms and Conditions between the Company and the User.
3. Application means the:
   1. Web application accessible from https://www.Hobbynes.com and/or
   2. Hobbynes mobile application available from the Apple® App Store®, Google Play® and other mobile application marketplaces.
4. Company means Hobbynes Tech LLP.
5. Custom Content means any content that is created and uploaded directly by a Teacher via Hobbynes.
6. Fee means any fees payable to the user for access to or use of Hobbynes.
7. Lesson means an instructional content provided via Hobbynes to develop particular skills.
8. Personal Information means information that identifies an individual, or makes an individual who is reasonably identifiable, whether the information is true or not.
9. Privacy Policy means the Company’s privacy policy as updated from time-to-time, accessible from here: www.hobbynes.com/privacy.
10. Site means the website found at https://www.Hobbynes.com, or such other URL used by the Company from time-to-time.
11. Student means a person that holds a Student account within Hobbynes for the purposes of viewing Hobbynes Consent.
12. Subscription Fee means either the monthly or annual fee charged for access to and use of Hobbynes.
13. Third Party Services means any of the Organisation’s third-party service account connected to and/or integrated with Hobbynes.
14. Hobbynes means the Company’s suite of tools, applications and services, known together as “Hobbynes”.
15. Hobbynes Content means either or all of Courses, Lessons, Live Classes and Custom Content.
16. User means either or both of a Teacher and a Student, as the use of the term in its context implies.
17. Teacher means a person who completes Hobbynes’s account registration process to sell Classes on the site.

II. INTERPRETATION

Unless specifically stated otherwise, every reference to the singular includes a reference to the plural and vice versa; and any reference to the masculine includes a reference to the feminine and vice versa. Headings and captions are provided for convenience only and have no bearing on how these Terms of Use are interpreted. Unless the context requires otherwise, every reference to a natural person includes his heirs, executors, and permissible assignees. Similarly, unless the context requires otherwise, any reference to a juristic person such as Hobbynes includes its affiliates, successors, and permissible assignees.

III. INTRODUCTORY TERMS

1. No interpretation of these Terms shall be based on the section headers, which are provided only for the purpose of arranging the different provisions under these Terms in a logical way. In addition, the parties have agreed that the headers will have no legal or contractual effect whatsoever.
2. These Terms and the Privacy Policy, as well as any updates or additions thereto issued by the Company at any time, govern the usage of the Services by the Users. If you continue to use our Services, you agree to the following Terms & Conditions of Use and our Privacy Policy. Users accept and recognize that these Terms, as well as this policy, have a co-terminus character, which means that the expiration/termination of any one will result in the termination of the other.
3. As a condition of using the Platform, the User agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and Company and that the User shall be subject to the rules, guidelines; policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be treated as part of these Terms. As a result of the User’s visit to any section of the Platform, the User recognizes and accepts that no signature or explicit act is necessary to make these Terms and the Policy binding on the User, and that the User’s visit represents the User’s complete and final acceptance of these Terms and the Policy.
4. It is understood that the Company has the entire and exclusive right to alter or modify these Terms at any time without notifying the User in advance and the User explicitly agrees that any such revisions or modifications shall take effect immediately. Users who do not accept the modifications must immediately discontinue using the Services. Your continued use of the Services will be interpreted as your agreement to the updated terms.

IV. DESCRIPTION

Hobbynes is an International Learning and sharing platform, born in Nordics. The company enables people from across the globe to pursue & share their hobbies from the comfort of their home, and at a time which is convenient to them. It specializes in offering a variety of interesting and engaging activities which people of any age can pursue according to their interest and passion. Kids can focus on developing valuable lifelong skills while adults and seniors can relive and relearn old hobbies through our platform.

V. STUDENT TERMS

The Student agrees and accepts that:

1. The Student is bound by the terms of this Agreement even if their account was set up by a parent.
2. It is the Student’s responsibility to follow the instructions relative to each Course/Live Class/Lesson and correctly perform any activities instructed in the said Course/Live Class/Lesson.
3. The Company shall not be liable for any claim based on injury, illness, death or damage to property that results from a Student’s use of Hobbynes.
4. The Student indemnifies Hobbynes against all costs, claims damages and expenses for any injury or damage caused to the person or property of a Third Party as a result of the Student’s use of Hobbynes.
5. Hobbynes may send the Student emails, text messages, push notifications and other alerts on behalf of the Company or Organisation connected with the Student’s account and Hobbynes services (subject to the student opting out); and
6. Any consent made by a Student through Hobbynes is valid and binding unless and until revoked by the Student. The Company and an Organisation may rely on a consent made through Hobbynes without any need to further verify the veracity of that consent.

VI. TEACHER TERMS

When you sign up to become a Teacher on the Hobbynes platform, you agree to abide by our terms. These Terms cover details about the aspects of the Hobbynes platform relevant to Teachers and are incorporated by reference into our Terms and Conditions, the general terms that govern your use of our Services. 

As a Teacher, you are contracting directly with Hobbynes Tech LLP.

As a Teacher, 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 understand and agree that Hobbynes is not an insurer, agent or employer for you as a Teacher. 

Hobbynes uses Zoom meetings as a third party application. As a Teacher you are required to have a zoom account. This zoom account will be added to Hobbynes account as a user and will be used for all future meetings set up by you for your classes exclusively by Hobbynes. By registering as a zoom user through Hobbynes, you agree to the terms and conditions set in by zoom and allow shared access permission to the zoom app. The Hobbynes Terms are additional to any terms and conditions set forth by Zoom.

If a Student purchases any of your Classes, any agreement you enter into with such Student is between you and the Student himself, and Hobbynes is not a party thereto. Notwithstanding the foregoing, Hobbynes is authorized to serve as your limited agent purely for the purpose of accepting payments from Students on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. 

You represent and warrant that:

1. You will provide and maintain accurate account information.
2. You own or have the necessary licenses, rights, consents, permissions, and authority to authorize Hobbynes to use your Submitted Content as specified in our Terms and Conditions.
3. Your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights.
4. 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
5. 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:

1. Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
2. 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.
3. Use the Services for business other than providing tutoring, teaching, and instructional services to students.
4. 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.
5. Impersonate another person or gain unauthorized access to another person’s account.
6. Interfere with or otherwise prevent other Teachers from providing their services or content.
7. Abuse Hobbynes resources, including support services, or
8. Share any Class Recordings made available to you by Hobbynes to any third parties.

VII. FEES AND PAYMENTS

Fees

The classes on Hobbynes are available at a fee quoted by the teacher of the class. This fee also includes service charge. The student is responsible to pay the fees in a timely manner. Fees may vary based on your course, location and other factors and only Hobbynes reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Please note that it may not be feasible to individually notify each teacher and student of fee increases. Continued use and enrollment in classes on Hobbynes imply consent to such fee adjustments.

Classes must be taken only after students make payments for the corresponding classes. Under no circumstances can the payments be made after a particular class is taken.  Visitors accessing the website and learning from outside of India should pay the fees in the currency shown at the time of payment.

Student terms

You agree to pay all fees, prices, and charges connected with the Services you have or will get from us, including any applicable taxes, cesses, or other levies. Our payment gateway accepts all major credit/debit cards. In addition, there may be additional payment options available at times. You agree to pay for the Services as soon as you register for a certain length of time. It is Hobbynes’s prerogative to discontinue any current or future Services.

Refunds will be given as per the Refund policy. Depending on the circumstances, Hobbynes may change its refund policy at any moment.

Teacher terms

Teacher Payment: Hobbynes will transfer the Enrollment Fees to Teacher’s Bank Account for each sale of a Class (or set of Classes, as applicable) to a Student within a reasonable period of time, minus Hobbynes’s service fees and any other taxes if applicable. Hobbynes has discretion to act on behalf of the Student, and to not transfer the Enrollment Fees to Teacher, if Student reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Hobbynes will review such cases independently, seeking input from the Student, and may decide at its sole discretion to issue a refund to the Student. All determinations of Hobbynes with respect to a refund shall be final and binding on the Student and the Teacher.

GST

For Teachers from India, they should inform Hobbynes whether they have a GST number or not - if yes, then Hobbynes will pay the GST collected from the students to the teacher and the teacher will be responsible to remit the same to the government. If the teacher does not have a GST registration, then Hobbynes will collect it from the student and remit it to the Government. The onus to share the GST registration number with Hobbynes lies on the teacher.

Additional Terms for Students

• Students shall also not directly make a deal with the teacher outside of Hobbynes. If found doing this, the student’s account can be suspended from the Service.

Additional Terms for Teachers

• Making a direct deal with the student is strictly prohibited and if the teacher is found doing this, their account can be suspended from the Service.

Certain Teacher Obligations

As a Teacher, Hobbynes may request you to provide with any information requested in order for Hobbynes to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Hobbynes has the sole discretion to select or reject any Classes we choose to publish on our platform. Additionally, Hobbynes has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Hobbynes has sole discretion as to which Teachers are accepted on our platform and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the platform for any reason. Hobbynes, may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

VIII. THIRD PARTY CONTENT

Links to third-party websites are offered exclusively as a convenience to you on the Services. You are no longer using the Services if you click on any of these links. These third-party websites have not been vetted by Hobbynes, and Hobbynes has no control over or responsibility for the content or availability of these third-party websites. Consequently, Hobbynes is unable to endorse or make any statements about them, or any content contained on them, or any outcomes that may be received from using them. You are solely responsible for your use of any third-party websites connected to the Services. There is no guarantee that other users will comply with the preceding rules or any other elements of these Terms of Use, and you agree to take full responsibility for any loss or injury that results from any such lack of compliance between you and us. Linking to any part of the Services is only permitted with Hobbynes’s prior written authorization and always subject to your compliance with the terms and conditions of this Agreement.

IX. INTELLECTUAL PROPERTY

Nothing in these Terms of Service grants you any right or permission to use any Hobbynes trademarks, service marks, logos, or other marks (collectively, “IPR”). Only with our express written consent will you be permitted to make any use of IPR. To the fullest extent permitted by law, you agree that we have exclusive and exclusive ownership of our separate IPRs, and that you will not challenge such ownership in any way. Your use of the Services and any contents within is subject to all applicable laws and regulations. You agree not to attempt to override, deactivate, hack, or otherwise tamper with any technology used to protect the Services or the data contained therein. In addition to copyright and other applicable laws, the Service is also protected by international treaties. As a collective work and/or compilation, the content shown on or via our Services is protected by copyright under copyright laws. You may not modify, copy, reproduce, distribute or republish the content on our Services or elsewhere in any form or by any means including, but not limited to, electronic, mechanical, photocopying or other methods.

X. DATA PROCESSING

With regards to the protection of personal data processed in conjunction with this Agreement, the Privacy Policy accessible here shall prevail.

XI. COMMUNICATIONS

When You use the Services or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

XII. INDEMNITY

You agree that you use Hobbynes and its services at your own risk. You acknowledge that Hobbynes is not responsible for the conduct or activities of any user and that the Hobbynes is not liable for such under any circumstances. You agree to indemnify Hobbynes for any loss, damage, cost or expense that the Hobbynes may suffer or incur as a result of or in connection with your use of Hobbynes or conduct in connection with Hobbynes, including any breach by you of this Agreement. In no circumstances will Hobbynes be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use Hobbynes (in circumstances of service downtime and interruptions), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Hobbynes knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

XIII. DISPUTES

All disputes shall be handled in accordance with the Hobbynes’s dispute resolution policy.

Where the Company does not have a relevant dispute resolution policy for a type of dispute, the following process shall apply:

1. Negotiation
   To address any disputes that may arise from or in connection with this Agreement, senior representatives from each party must meet (or communicate directly through the telephone or internet) alerting the other party of a disagreement and try to resolve the dispute through discussion.
2. Mediation
   If the dispute between the parties relating to or arising out of this Agreement is not resolved, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution
3. Courts
   Unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages, a party may not begin court proceedings in relation to a dispute relating to or arising from this Agreement until the procedures in the prior clauses have been exhausted.

XIV. GOVERNING LAW

This Agreement is governed by the laws of India and the state of Haryana. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

XV. STANDARDS

You agree to adhere to the Hobbynes community standards and principles. To meet these standards, you (in the current use “you” is specific to teachers in our Services only) must communicate with our community (fellow teachers, parents, and children) in a deliberate and professional manner, and must be an example of proper behavior for our students and conduct yourself in a professional manner. In addition, you promise to conduct yourself in a suitable way on social media, blogs, and other online forums. Behavior meant to antagonize, bully, belittle, or injure others is prohibited in any Hobbynes-affiliated online forums, as are postings or material that Hobbynes, in its sole discretion, deems unconducive to a respectful and inclusive community for everyone. If you engage in inappropriate behavior in an online forum, this includes, but is not limited to, posting online or speaking to the media on behalf of Hobbynes without first obtaining written permission from the organization; postings that Hobbynes determines are offensive or inappropriate based on race, gender identity or expression, national origin, disability or medical condition, veteran status or any other legally protected status shall not be allowed.

XVI. ENTIRE AGREEMENT

These Terms, read with the Policy, form the complete and final contract between the user and the company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

XVII. UPDATES

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. We suggest that you regularly check these Terms and Conditions to apprise yourself of any updates. Your continued use of our Services following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, Hobbynes grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Services.

XVIII. SEVERABILITY

‍If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

XIX. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. You may submit feedback my emailing us at [email protected]

XX. CONTACT US

If you have more questions related to any topics mentioned above then please contact us at:

WhatsApp: (+91) 9289 5544 38

Phone: (+91) 9289 5544 39 // (+47) 4552 6003

Email: [email protected]

 

This Privacy Policy was last updated on Monday, 02nd October 2023.