Information about Hobby Society

Terms of use

Terms and Conditions applicable to a seller of Service

Hobby Society Pty Ltd ABN 12 615 842 852 ('Hobby Society', 'us', 'we', 'Our'), operates online platforms www.hobbysociety.com.au and www.hobbysociety.com, allowing Consumers to engage in communication with members and find teaching and leasing services. By visiting or using the Site, you agree to be bound by its Terms and Conditions.

Please read this agreement carefully before using Hobby Society's Services.

Definition

'Content'
means the textual, visual or audio content that is encountered as part of your experience on the Site. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
'Post'
means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
'Service'
means all of the services offered for sale through the Site by a Provider.
'Provider'
means an individual or entity that offers a Service for sale on the Site.
'the Site'
means hobbysociety.com.au, hobbysociety.com and includes all web pages controlled by us.
'User'
means any person other than you who uses or visits the website for any purpose.
'you' 'yours'
means you, the party to this agreement.

Our contract

  1. The relationship between us is solely that:
    • in consideration of a fee charged by us, we provide for you an Internet market place at arms length;
    • we act as your agent solely in the collection of money paid by your customer;
    • we are not your partners or joint venturers.
  2. If you place a Provider Service for sale on the Site, you do so subject to these terms.
  3. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on the Site at the time that the contract was made.
  4. Although we are not a party to your contract with a consumer introduced to you via the Site, we shall remove Your Services from offer if a customer or site visitor has a valid complaint against you.
  5. Subject to this agreement and to the procedures set out in the Site, you may enter a Provider Service for sale through the Site.

Your Provider Service placement

You agree:
  1. to adequately and honestly reflect your skills qualifications, ID and safety documents and teaching experience in your profile. We reserve the right to perform sporadic checks and ask you to provide proof to us (e.g. copy of academic transcript).
  2. to adequately and honestly reflect the nature of your service e.g. the speciality of your class and method in your product description.
  3. to adequately and honestly reflect the condition and features of any space or equipment you have listed on the platform.
  4. to ensure that any equipment listed on the platform is owned by you.
  5. to ensure your is equipment is free of defects and has all safety guards fitted and is fit for safe use.
  6. to ensure that any space listed on the platform is owned by you.
  7. to ensure that your space is compliant with all applicable laws and construction codes.
  8. to provide the Services by yourself if you are representing yourself as an individual.
  9. immediately deactivate from sale or delete your account on the Site any Service which for any reason, you are unable to supply.
  10. to ensure that offered packages for group classes provide users with sufficient time to attend classes.
  11. to provide a clear refund policy to users, please refer to the Refund Policy for more information.

Complaints about Provider Services

You agree that you will at all times:
  1. reply promptly and in any event within 48 hours to any customer message or other correspondence;
  2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and refund and accept cancellation. However, you may also offer more favourable terms to your customers as per your own refund policy set out on your listing on the Site;
  3. when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on the Site and on your listing pages;
  4. provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

The selling procedure

  1. Hobby Society is not responsible for the fulfilment of your contract to sell a Provider Service.
  2. You agree that a service contract offered by you is a firm and binding contract as soon as your customer's payment has been received into your bank account.
  3. Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. The provider ensures that GST will be included in the price if applicable. GST will not be charged separately through Hobby Society.
  4. Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to consumers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the Consumer's Terms and Conditions on the Site at any time.
  5. Providers are responsible for arranging and paying tax.

Our commission and payment to you

  1. We sell Your Service at the price you place on it, subject to these terms and the requirements we set out on the Site from time to time.
  2. Our fees and commissions are payable on demand. Please check the Commission Scheme. You irrevocably authorise us to deduct them from the amount paid to us by your consumers.
  3. the Site selling system is an automated system which can be followed by you through your "Profile".
  4. The proportion of each sale receipt retained by us is as set out elsewhere on the Site or agreed in writing which takes precedence.
  5. We will pay you within 7 business days of confirmed payment of order.
  6. You will require a bank account, located in the Commonwealth of Australia to receive payments.
  7. Payout transactions will be sent to you via email and you can check history under your profile page.
  8. If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
  9. If an action by a consumer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
  10. If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
  11. If in our discretion we believe that your performance as a Provider results in a significant number of charges back and / or consumer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

Your Provider Service warranties

  1. You warrant that any Provider Service you place on the Site for sale:
    • is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
    • does not offend against the law of any country whose citizens might purchase it;
    • is not intended primarily to advertise any business, except your business, so far only as it is carried on through Hobby Society.
  2. You warrant that you own the copyright of any Provider Service you place on the Site for sale, or that you have the permission of the copyright owner:
    • to place the Provider Service on the Site for sale;
    • to receive the net proceeds of such sales as arise;
    • to defend the copyright in the Provider Service.

How we handle your Content

  1. If you Post Content to any public area of the Site it becomes available in the public domain. We have no control who sees it or what anyone does with it.
  2. You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through the Site, even though it may be critical.
  3. We will use that licence only for commercial purposes of the business of the Site and will stop using it after a commercially reasonable period of time.
  4. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  5. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
  6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  7. You will notify us of any security breach or unauthorised use of your account.
  8. In the interest of protecting our customers, Hobby Society reserves the right to decline listings.

Restrictions on what you may Post to the Site

  1. We invite you to Post Content to the Site for marketing your services. We have to regulate your use of the Site to protect our business and our staff, to protect other users of the Site and to comply with the law.
  2. You agree that you will not use or allow anyone else to use the Site to Post Content or undertake any activity which is or may:
    • be unlawful, or tend to incite another person to commit a crime;
    • be obscene, offensive, threatening, violent, malicious or defamatory;
    • be sexually explicit or pornographic;
    • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    • use a Posting to solicit responses unconnected with the purpose of the Site or the terms proposed by this agreement.

    Your Posting: restricted Content

    1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting or suspend your account which does not comply with these terms.
    2. In addition to the restrictions set out above, a Listing and Message must not contain:
    • hyperlinks, other than those specifically authorised by us;
    • personal details including phone numbers, address, email address;
    • keywords or words repeated, which are irrelevant to the Content Posted;
    • the name, logo or trademark of any organisation other than yours;
    • inaccurate, false, or misleading information;
    • material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old;
    • Please be aware that we don't currently support private contact details in listing descriptions. You can be contacted through private messaging once your listing has been approved.

    Security of the Site

    If you violate the Site we shall take legal action against you.
    You now agree that you will not, and will not allow any other person to:
    1. modify, copy, or cause damage or unintended effect to any portion of the Site, or any software used within it.
    2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    3. download any part of the Site, without our express written consent;
    4. collect or use any service listings, descriptions, or prices;
    5. collect or use any information obtained from or about the Site or the Content except as intended by this agreement;
    6. aggregate, copy or duplicate in any manner any of the Content or information available from the Site, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;
    7. share with a third party any login credentials to the Site.

    Copyright and other intellectual property rights

    1. All Content on the Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
    2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
    3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

    Interruption to Our Service

    1. We will do all we can to maintain access to the Site, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    2. You acknowledge that Our Service may also be interrupted for reasons beyond our control.
    3. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.
    4. We give no warranty that Our Service will be satisfactory to you.

    Our disclaimers

    1. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY CREATE LISTINGS FOR THEIR CLASSES, SPACES AND EQUIPMENT. ANY USER MAY LEARN ABOUT AND BOOK CLASSES OR LEASE SPACES OR EQUIPMENT WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT HOBBY SOCIETY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TEACHERS AND ANY USER, NOR IS HOBBY SOCIETY AN AGENT OR INSURER. HOBBY SOCIETY HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
    3. the Site contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    4. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Site.
    5. hobbysociety.com.au and hobbysociety.com websites and Hobby Society services are provided "as is". As to the Site and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
      • as to fitness of the Site and Our Service for a particular purpose;
      • as to availability and accessibility, without interruption, or without error;
      • any obligation, liability, or remedy in tort whether or not arising from our negligence.
    6. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a consumer.

    Your indemnity to us

    You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
    1. a claim by any person in respect of any Provider Service;
    2. protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
    3. any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
      • the deletion or amendment of any text or other content you have placed on the Site;
      • any payment we make on an ex gratia basis, arising from a contract between you and a customer;
      • legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
      • our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.


    Miscellaneous matters

    1. You undertake to provide us your current land address, e-mail address, telephone and your name as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
    2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    4. For the purposes of the Privacy Act 1988 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality.Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
    5. If you are in breach of any term of this agreement, we may:
      • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      • terminate your account and refuse access to the Site;
      • remove or edit Content, or cancel any order at our discretion;
      • issue a claim in any court.
    6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    8. When you visit the Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Site. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
    9. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    10. It shall be deemed to have been delivered:
      • if delivered by hand: on the day of delivery;I
      • f sent by post to the correct address: within 72 hours of posting;
      • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
    11. You acknowledge and agree that a substantial portion of the compensation Hobby Society receives for making the Site available to you is collected through the Commission described in Section 6 ('Our commission and payment to you'). Hobby Society only receives this Commission when a provider receives payment through the Site. Therefore, for 12 months from the time you identify or are identified by any party through the Site (the 'Non-Circumvention Period'), you must use the Site as your exclusive method to request, make, and receive all payments for users directly or indirectly arising out of your relationship with Hobby Society (the 'Hobby Society Relationship'). Not adhering to this policy might result in suspension of your account. We reserve the right to check from time to time with consumers adherence to the policy.
    12. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    13. This agreement does not give any right to any third party.
    14. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
    15. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    16. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
    17. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales, Australia.


    Terms and Conditions applicable to a Consumer of Service

    Hobby Society Pty Ltd ABN 12 615 842 852 ('Hobby Society', 'us', 'we', 'Our'), operates online platforms www.hobbysociety.com.au and www.hobbysociety.com, allowing Consumers to engage in communication with members and find teaching and leasing services. By visiting or using the Site, you agree to be bound by its Terms and Conditions.

    Please read this agreement carefully before using Hobby Society's Services.
    Definition
    'Content'
    means the textual, visual or audio content that is encountered as part of your experience on the Site. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
    'Post'
    means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
    'Service'
    means all of the services offered for sale through the Site by a Provider.
    'Provider'
    means an individual or entity that offers a Service for sale on the Site.
    'the Site'
    means hobbysociety.com.au, hobbysociety.com and includes all web pages controlled by us.
    'User'
    means any person other than you who uses or visits the website for any purpose.
    'you' 'yours'
    means you, the party to this agreement.

    Our contract

    1. Hobby Society is neither a consumer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
    2. The Site, application and services comprise an online platform through which Providers may create listings for their classes and you or a User may learn about and book classes with the Provider.
    3. The Site, application and services comprise an online platform through which Providers may create listings for their space and you or a User may lease the space for use in accordance with the intended purpose listed by the Provider.
    4. The Site, application and services comprise an online platform through which Providers may create listings for their equipment and you or a User may lease the equipment  for use in accordance with the intended purpose listed by the Provider.
    5. We welcome any comment or complaint about a Provider, which you make through the Site. We may act upon a complaint in our discretion, for the benefit of the body of Users of the Hobby Society platform.
    6. We are not responsible for supply of any Services you order or for the cancellation and refund procedure after a class or lease has started and the payment has been made to the Provider. Please refer to Hobby Society's Refund Policy. Please confirm with the Provider about their refund policy before booking.
    7. We are not responsible to you further than to take your money and pass it to the Provider.
    8. These terms and conditions regulate the business relationship between you and us. By using the Site free of charge, you agree to be bound by them.
    9. We provide a market place at arms length for the supply of Services. We are in no way responsible for:
      • your locating and ordering a Service;
      • your choice of a Service;
      • any aspect of the provision of the Servicer;
      • refund payment for any Services after the payment has been made to the Provider which is done usually two days after the first session;
      • any complaint about any Services.
    10. In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
    11. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on the Site at the time that the contract was made.


    Your account and personal information

    1. When you visit the Site, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
    2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.


    The buying procedure

    1. Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
    2. Prices listed on the Site by Providers are inclusive of any applicable sales tax.
    3. Services may be offered for sale subject to any discount or promotion arranged between Hobby Society and the Provider.
    4. Subject to discounts and promotions, Services are offered for sale at a fixed price, including GST if applicable.
    5. If for some reason the teacher is either unable to accommodate your booking request or no response is provided within 72 hours from the time the booking was requested the payment amount is fully refunded automatically back to your account.
    6. Services will be provided at the times and places specified in an email notification sent out to you after confirmation of the booking of a Service. You also can look up times and place of Service in the ‘Profile' section.
    7. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
    8. To make future use of the Site easier and faster for you, we will retain the personal and billing information you give to us. We will not retain information relating to your credit card. Your financial information never comes into our control and is securely processed by our payment service provider. For detailed about disclosure of personal information please see our Privacy Policy.


    Security card payment transactions

    We take care to make the Site safe for you to use.

    1. Card payments are not processed through pages controlled by us. We use the secure online payment service providers (www.stripe.com) who will encrypt your card or bank account details in a secure environment.
    2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store a token rather than credit card details on our systems.


    The Hobby Society guarantee

    To give you the utmost confidence in the Hobby Society booking experience, we offer you an after sales guarantee:

    1. For teaching services only, we provide a guarantee in case you are not satisfied with your trial class offered by the Provider. More information on the Refund Policy.
    2. This guarantee is subject to the following conditions:
      • the refund claim must be done within 48 hours from the class start date (e.g. Class date is August 11th, you can request a refund till August 13th 12:00am);
      • The claim can be lodged at 'Contact Us' form at the footer section of the Site with a booking ID and a valid reason for refund are required for processing the claim;
      • the claim form must be completed truthfully and accurately;
      • you must not have requested a charge back from your credit card company.
    3. The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.


    How we handle your Content

    1. If you Post Content such as review feedback or to any public area of the Site it becomes available in the public domains. We have no control who sees it or what anyone does with it.
    2. Once a transaction is concluded, the Consumer of a Service is strongly encouraged to complete a service review using any feedback features on the Hobby Society Website. Hobby Society will, from time to time, contact you to remind you to complete a Hobby Society Service review.
    3. Even if access to your content is only accessible after user registration it remains effectively in the public domain because someone has only to register and log in to access it. You should therefore avoid Posting unnecessary confidential information.
    4. We may decide to hide or edit class reviews if we believe it to be unreasonable and/or grossly unfair, poorly expressed, and detrimental to a Provider. We reserve this right on a case-by-case basis.
    5. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
    6. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through the Site, even though it may be critical.
    7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    8. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
    9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
    10. Please notify us of any security breach or unauthorised use of your account.


    Restrictions on what you may Post to the Site

    1. We invite you to Post Content to the Site in several ways and for different purposes. We have to regulate your use of the Site to protect our business and our staff, to protect other Users of the Site and to comply with the law. These provisions apply to all Users of the Site.
    2. You agree that you will not use or allow anyone else to use the Site to Post Content or undertake any activity which is or may:
    • be unlawful, or tend to incite another person to commit a crime;
    • consist in commercial audio, video or music files;
    • be obscene, offensive, threatening, violent, malicious or defamatory;
    • be sexually explicit or pornographic;
    • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    • use a Posting to solicit responses unconnected with the purpose of the Site or the terms proposed by this agreement;
    • request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
    • be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
    • include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
    • facilitate the provision of unauthorised copies of another person's copyright work;
    • link to any of the material specified in this paragraph;
    • use distribution lists that include people who have not given specific permission to be included in such distribution process;
    • send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content

  1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
  2. In addition to the restrictions set out above, a Posting must not contain:

    • hyperlinks, other than those specifically authorised by us;
    • keywords or words repeated, which are irrelevant to the Content Posted.
    • inaccurate, false, or misleading information.

Removal of offensive Content

  1. For the avoidance of doubt, this paragraph is addressed to any person who visits the Site for any purpose.
  2. We are under no obligation to monitor or record the activity of any User of the Site for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  3. If you are offended by any Content, the following procedure applies:
    • Your claim or complaint must be submitted to us in the form available on the Site through 'Contact Us' at the footer section
    • we shall remove the offending Content as soon as we are reasonably able;
    • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    • we may re-instate the Content about which you have complained or we may not.
  4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.


Security of the Site

If you violate the Site we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of the Site, or any software used within it.
  2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;
  3. download any part of the Site, without our express written consent;
  4. collect or use any product listings, descriptions, or prices;
  5. collect or use any information obtained from or about the Site or the Content except as intended by this agreement;
  6. aggregate, copy or duplicate in any manner any of the Content or information available from the Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  7. share with a third party any login credentials to the Site;
  8. Despite the above terms, we now grant a licence to you to:
    • create a hyperlink to the Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you're not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    • you may copy the text of any page for your personal use in connection with the purpose of the Site or a Service we provide.

Copyright and other intellectual property rights

  1. All Content on the Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
  2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.


Interruption to the Hobby Society service

  1. We will do all we can to maintain access to the Site, but it may be necessary for us to suspend all or part of our service for upgrades, maintenance or other reason. We may do so without telling you first.
  2. You acknowledge that our service may also be interrupted for reasons beyond our control.
  3. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Hobby Society service.
  4. We give no warranty that our service will be satisfactory to you.


Indemnity

  1. You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
  • your use of the Hobby Society service;
  • the breach or violation of this agreement by you;
  • the infringement by you of any intellectual property or other right of any person or entity;
  • your failure to comply with any law;
  • a contractual claim arising from your use of the Site and purchase of Service.


Our disclaimers

  1. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY CREATE LISTINGS FOR THEIR CLASSES, SPACES AND EQUIPMENT. ANY USER MAY LEARN ABOUT AND BOOK CLASSES OR LEASE SPACES OR EQUIPMENT WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT HOBBY SOCIETY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TEACHERS AND ANY USER, NOR IS HOBBY SOCIETY AN AGENT OR INSURER. HOBBY SOCIETY HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. the Site contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
  3. We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Site.
  4. The hobbysociety.com.au and hobbysociety.com Websites and Hobby Society services are provided 'as is'. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.


Disclaimers about the Service

  1. All of the Content on the Site relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
  2. We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
  3. So far as concerns Services you purchase through the Site, we are not liable for:
    • any Service complying with the requirement of any law or being available;
    • the Provider performing his contract;
  4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you;
  5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.


Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  2. For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
  3. If you are in breach of any term of this agreement, we may:
    • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
    • terminate your account and refuse access to the Site;
    • remove or edit Content, or cancel any order at our discretion;
    • issue a claim in any court.
  4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  5. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  6. When you visit the Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Site. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
  7. When you sign up with the site, you agree to receive marketing communications from us.
  8. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
  9. It shall be deemed to have been delivered:
    • if delivered by hand: on the day of delivery;
    • if sent by post to the correct address: within 72 hours of posting;
    • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
  10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
  11. This agreement does not give any right to any third party.
  12. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
  13. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  14. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales, Australia.


Refund Policy

To best protect our users and sellers, there are certain situations where refunds are granted:

For Customers:

  1. If a booking has been requested by a user and it has not been confirmed in time by the seller (within 72 hours after booking request), a full refund will be provided automatically.
  2. For classes, should you not be happy with the first class of your tutor you will get your money back. You have to lodge your request for refund within 3 days after the first class took place (e.g. class date is August 11th, you can request a refund till August 14th 12:00am). Please send an email to admin@hobbysociety.com with your booking ID number, class name and feedback to request a refund.
  3. Your booking has been confirmed yet the first class has not been started:
    • 2 weeks or more before the first class commencement date, 100% of booking amount will be refunded;
    • less than 2 weeks but more than 7 days before the first class commencement date, 85% of booking amount will be refunded;
    • Less than 7 days but more than 2 days before the first class commencement date, 50% of booking amount will be refunded;
    • 2 days or less than 2 days before first class commencement date, no refund will be provided;
    • If the class is cancelled by the seller or the Hobby Society support team under some circumstances, 100% refund will be transferred back to your payment account.
  4. Your booking has been confirmed and the first class or lease has been taken:
    • Refund for any remaining classes of the package is applied according to the seller's refund policy. Please check the seller's refund policy on the class page before booking.
    • If the seller hasn't stated clearly their refund policy on class page, the student should enquire through the 'Contact Teacher' form about the seller's refund policy.
  5. Processing fee: Processing fee is refundable in full if a refund has been processed over the full amount, as per above section.
  6. For partial refunds the pro-rated amount of the processing fee is refunded.

For sellers:

  1. you agree to provide a full refund should the user not be satisfied with the first class
  2. If a student cancels a confirmed booking before the start of the class:
    • If the cancellation date is 2 weeks or more before the first class commences (as per booking), the student will get all of their money back and no fee will be paid to the seller;
    • If the cancellation date is less than 2 weeks but more than 7 days before the first class commences (as per booking), 15% of the original payout amount will be credited to the seller;
    • If the cancellation date is equal to or less than 7 days but more than 2 days before the first class commences (as per booking), 50% of the original payout amount will be credited to the seller;
    • If the cancellation date is equal to or less than 2 days, 100% of the original payout amount will be credited to the seller.
  3. If the seller cancels the class, 100% refund will be transferred back to the student(s).
  4. If the site admin cancels the class:
    • In very rare cases, the Hobby Society support team might cancel a class. In this case, a full refund will be transferred back to the users who have not started their reservations  and we strongly encourage sellers to provide refund back to the students who have already started their reservations.
  5. Notifications
    • Once a class cancellation is received, we will send you an email to notify you that we have received your cancellation request. We will also notify you of the approval of your refund.
    • After your refund is processed a credit will be applied to your bank account within 7 business days.