Oboe Academy Online Kft.
Terms and Conditions for Instructors regarding online services
Oboe Academy Online Korlátolt Felelősségű Társaság
seat: 8200 Veszprém, Bem József utca 15.,
company registry: Veszprémi Törvényszék Cégbírósága,
company registration number: 19-09-521412,
tax number: 28769046-1-19,
Bank account: MagNet Magyar Közösségi Bank Zrt. (seat: 1062 Budapest, Andrássy út 98.) HUF account: IBAN: HU50 1620 0247 1001 2590 0000 0000; EUR account IBAN: HU05 1620 02471001 2600 0000 0000;
e-mail address: email@example.com
Represented by: Magyar Zsófia
Hosting service provider
Name: 3 in 1 Hosting Számítástechnikai és Szolgáltató Betéti Társaság
Seat: 2310 Szigetszentmiklós, Brassó utca 4/A.,
Contact: firstname.lastname@example.org; 0621 200 0040.
(hereinafter: Oboe Academy)
the present Terms and Conditions (hereinafter: TaC) are effective from the date […]. The TaC contains mandatory regulations regarding the online educational services provided by Oboe Academy through its website (www.oboeacademyonline.com), and for the persons who are browsing, or are registering to the website.
I. General provisions
- The present TaC applies to the registry and browsing of the website at the www.oboeacademyonline.com (hereinafter: Website) domain.
- The sole activity of Oboe Academy is to serve as an online intermediary between the pupils and teachers who register to the Website, functioning as a way to make personal contact possible between these persons. The teachers represented on the Website are not employees of Oboe Academy, they fulfil their activities on behalf of themselves, the Website is meant to be exclusively a conductor of such activity and it enforces high quality education with high quality requirements required from the teachers.
- Oboe Academy provides an online interface for musical education through the Website, connecting pupils and teachers, but it does not participate in the educational services directly, its economic activity focuses solely on providing the online interface and unified offers from the teachers, while overseeing the behaviour of the users.
- Only those are entitled to use the services of the Website as instructors, who were validated as an instructor by Oboe Academy (hereinafter: Instructors).
- The present TaC contains regulations solely on the activities of those who are using the Website as Instructors, and the rules set hereby are mandatory for the Instructors. For those who do not use the Website as Instructors, the provisions of the TaC made for Users (hereinafter: TaC regarding Users) shall be applied.
- According to Act V of 2013 on the Civil Code, the term consumer shall mean any natural person acting in front of Oboe Academy for purposes which are outside its trade, business or profession. According to the present TaC, it is considered to be the business activity of the Instructors approved by Oboe Academy to hold the lessons and packages advertised on the Website and to gain profit from them. According to this, the Instructors cannot be qualified as consumers, and in this manner those rights that are specifically have reference to the consumers (especially in terms of the right of withdrawal) are not accessible for them.
- The term User, marked with capital initial in the present TaC shall have the same definition and meaning set by the TaC regarding Users. For the purposes of the two referenced TaC, the Instructors are not considered to be Users.
- The services provided on the Website are only accessible with an active registration both for Users and Instructors.
- With the registration a User account is created. In order to register, please, click on the Login / Signup button presented on the Website and fill in the required data to create an account.
- Only those Users could receive an Instructor qualification, whom were validated as such by Oboe Academy. In order to be validated as Instructor, an application has to be sent to Oboe Academy in writing, with a description of the professional career and qualifications. Oboe Academy assesses the application, and informs the applicant regarding the result in writing.
- Only those with validation granted by Oboe Academy are eligible to pursuit Instructor activities on the Website.
- With registration and the validation, the Instructor is able to survey its calendars and the lessons that were booked by the Users and it could directly communicate with the Users who contact it.
- The Instructor is able to modify its personal data given during registration in its personal account at any time.
- The Instructor is obliged to give a short description for Oboe Academy about itself, together with its professional experience and specialization, which will be presented on the Website in order to make it possible for the Users to choose their Instructor with all necessary information handed over to them.
- If the Instructor would like to delete its account, it can be done by clicking on the button found at the bottom of Account / Details menu. In such a case, the system will automatically check whether the Instructor has booked or opened lessons. If such lessons are present, deletion of the account is improbable, the system denies it, otherwise a confirmatory question will pop up automatically which has to be checked in order to delete the account.
- After successful registration, the Instructor has to set the time zone that is to be applied to it. If the Instructor fails to set the time zone that is in conjunction with its state of residence, it is possible that the ordered lessons will not be presented in its calendar correctly as it might be based upon the wrongly stated time zone. Oboe Academy excludes liability for lessons lost from the failure of the designation of the correct time zone.
- The designated time zone can be modified under the Account details page by the Instructor at any time.
- With the acceptance of this TaC, the Instructor declares that it is aware of the resolutions set by the document and it approves the binding effect of these resolutions upon itself, moreover the instructor:
a. Declares, that it understands the language of the TaC;
b. Admits that the services of the Website are used solely by its own determination with knowledge about the rules to be applied for such usage;
c. Confirms, that personal data given by it are true and not deceptive, moreover they do not violate the rights of privacy of any third persons;
d. Acknowledges that it is possible that it will only have limited access or will not have any access at all to the services provided if it fails to grant all data required to use the services of the Website or it declines the applications required to do so;
e. Understands that it has to meet the requirements of behaviour demanded by Oboe Academy, moreover accepts that in case of breaching these requirements Oboe Academy is entitled to limit or forfeit the access of the Instructor;
f. Takes full responsibility for any damage caused against Oboe Academy or any other third persons by its behaviour or with the content uploaded by it or in any other way during the use of the services of the Website;
g. It is not to be considered as a waiver of rights nor an approval of an infringement if Oboe Academy forfeits to claim the performance of a right or it does not proceed to take the rightful steps against an Instructor for breaching the rules of this document (exclusion of waiver). Such scenario does not affect the rights granted to Oboe Academy by this TaC in any way.
19. The legal relationship between the Instructor and Oboe Academy is governed by Hungarian law.
IV. Protection of copyrights
- Users and Instructors that browse and use the Website are entitled solely for private usage. Private usage is free, but it is strictly forbidden – whether directly or indirectly, nor as a result – to use it for profit-making purposes.
- Exertion in terms of free usage is gratuitous and it does not require the approval of Oboe Academy, but nevertheless such usage could not be targeted to infringe the legitimate interests of Oboe Academy or for any purpose that is inconsistent with the object of free usage. Any use of the content of the Website other than this results in unjustified usage which is prohibited by law and Oboe Academy is entitled to proceed against it with any legal possibilities it has.
- Any usage with a business purpose behind it requires a written consent of Oboe Academy given previously.
- Even with a written consent granted by Oboe Academy, pictures, documents, definitions and any other content could only be taken over from the Website and / or its data base with a direct reference to Oboe Academy.
- Oboe Academy reserves all rights for all parts of its services, the Website and its domain, the secondary domains generated from it and for all electronic advertising places.
- It is forbidden to adopt the content or to decrypt the source code of the Website in any way, or to use any applications that are able to modify the entire or partial content of the Website.
- Oboe Academy’s sole activity is to operate the Website, which is meant to connect Users and Instructors in order for them to engage in musical education.
- In order to use the Website, the Instructor must have internet connection and a browser system. The Website is optimized to all widely known browsers. The Whereby program is optimized for the following browsers: Google Chrome, Safari, Internet Explorer, Mozilla Firefox and Vivaldi.
- The installation of Whereby software is mandatory in order to follow Instructor activities. Information on the software and on how to download it can be found here: https://whereby.com/. Oboe Academy excludes liability for any claims arising from errors that occur on the Website by the usage or functioning or absence of the software.
- The lesson in its entirety is not recorded, but parts of it may be recorded for video analysis. The Instructor will always ask previously for the consent of the User, whenever it intends to record a part of the lesson. These records are sent to the User by the Instructor after the lesson. The User is only entitled to use the record for its own sake, as to use it for business purposes is strictly forbidden, such usage could not result or aim whether directly or indirectly for gaining profit or financial advantages, moreover, without the explicit consent of the Instructor and Oboe Academy, it is forbidden to share the record before the public, especially but not limited to sharing on social media platforms and video sharing websites.
- Oboe Academy continuously upgrades the Website; thus, it might be possible that the services are slowed down temporarily or they become inaccessible. Oboe Academy is not liable for problems occurring from this, nor it is obliged to send information previously about it for the Instructors.
- The Website is accessible in English.
- Oboe Academy operates the Website from Hungary and it does not guarantee the possibility or the sufficient rapidity of foreign usage.
- With the use of the services and pursuing teaching activities, the Instructor not becomes entitled to use the trademarks, business names, logos etc. of Oboe Academy or its contractual partners.
A. Teaching activities
- After the Instructor is approved and accepted by Oboe Academy, the professional description of the Instructor is uploaded to the Website, whereas it can be seen by the users. The Users are free to choose from the Instructors, lessons and packages advertised on the Website by Oboe Academy.
- The Users can apply to lessons that are held in a time that is previously announced by the Instructor. After a successful order, the lesson will automatically appear in the calendars of the User and the Instructor.
- The Users finalize their orders via online credit card payment to Oboe Academy. After the User selected the services, online payment becomes accessible through an interface that automatically pops up on the Website.
- After booking, the User and the Instructor is able to communicate directly regarding the lesson to be held.
- The Instructor is solely responsible for the quality and punctuality of the lessons performed by it. Any complaints that arise from the quality or any other aspect of the lesson could result in the permanent or temporary cessation of Instructor status, moreover the User may be entitled for reimbursement of the fee of the already booked and payed lessons. Oboe Academy is entitled to determine and enforce the possible sanction unilaterally, after assessing the emerged complaint. The Instructor is obliged to take direct liability for any and all claims and demands of the User arising from the behaviour of the Instructor presented on the lessons and the Website, including if the user intends to enforce such a claim against Oboe Academy. The Instructor cannot enforce any claims against Oboe Academy that arise from the behaviour of the user.
- The User pays the price of the ordered services directly for Oboe Academy, while Oboe Academy will transfer the price with the service fee of Oboe Academy subtracted from it to the bank account given by the Instructor only after the ordered service was performed by the Instructor.
- Amount of the service fee of Oboe Academy: 17,5 % of the fees payed by the Users (per service).
- The deadline of payment regarding the fee the Instructor is entitled for is the 5th day of each month.
- It is the sole responsibility of the Instructor to gather information regarding the taxes, fees and all other expenses that may arise from its activities done and income gained under this TaC, moreover, the Instructor is obliged to pay those expenses directly according to the laws applicable to it. Oboe Academy is not responsible for any damages or claims that may arise if the Instructor fails to pay these taxes and fees.
- The Instructor is entitled to cancel the already booked lesson 24 hours before the lesson starts at the latest. In case of cancellation by the Instructor, the booked lesson is deleted both from the calendar of the Instructor and the User. The User receives an e-mail from Oboe Academy regarding the cancellation and it is asked to book a new appointment for the lesson from the still open hours represented in the calendar of the Instructor. If the Instructor fails to supersede the missed lesson, or cancels the new appointment too, the User is entitled to reimbursement of the fee. The Instructor is only entitled to exercise its right of cancellation if the reason of cancellation is exceptional and reasonable, thus particularly in the case of illness or other prohibitive circumstances that would make it impossible to hold the lesson.
- It is not possible to cancel the appointment within 24 hours from the start of the lesson. The Instructor is responsible for all damages and claims that arise if the Instructor fails to attend the lesson.
- The lesson could be cancelled in the Instructor’s private account without any consequences. The detailed explanation of cancellation can be found in the account under the „cancellation” button. The cancellation button will automatically vanish and cannot be used from the 24th hour before the lesson starts.
- The Instructor is obliged to confirm in writing the successful performance of the booked lessons to Oboe Academy not later than the last day of the relevant month. Oboe Academy is only able to transfer the Instructors fee after the confirmation letter was received by it. The Instructor is solely responsible for the consequences of a delayed confirmation.
- It is forbidden for the Instructor to modify the fee, range or any other essential specification of the services advertised on the Website. Oboe Academy has the sole right to determine and represent the possible services on the Website.
- The Instructor is obliged to give the following data in order to pursuit teaching activities on the Website:
- Data given during registration:
- account name.
- e-mail address,
- date of birth,
- Data required to transfer the fees after the successful lessons:
- bank account number,
- e-mail address,
- address or place of residence.
- In order to receive an instructor qualification, data regarding the teaching activities, professional qualifications, educational achievements and career must be sent by the Instructor to the following e-mail address: email@example.com, in the same time as the registration is made.
- The Instructor is obliged to provide itself with the technical and technological conditions required to hold the lessons. The Instructor is responsible for any damages or claims that arise from the lack of or failure of these requirements. These requirements are especially:
a. Equipment required for the lessons: personal desktop computer, laptop or smartphone, external or built-in webcam, USB microphone is advised in order to improve sound;
b. Lesson are held on the Whereby, which has to be downloaded by the Instructor to its computer or mobile phone. Whereby is accessible here: https://whereby.com;
c. For the lessons to run smoothly at least 2.0 Mbps outbound and 2.5 Mbps inbound or higher internet connection are necessary.
VI. Limitation of liability, Force Majeure
- Oboe Academy is not liable for damages caused by the usage or operation of the Website, nor for any of the following events:
a. non-arrival of data sent / received through the internet or network errors,
b. failure of the receiving devices or the error of communication lines,
c. loss of any data or content,
d. incorrect or false entry of any data (with special regard to delivery data),
e. harmful behaviour of any Consumer,
f. damages or disadvantages arising from the differences between the provisions of this TaC and any legal, religious or other rules that apply to a foreign Consumer. case of a foreign Consumer,
g. the failure of any software or website or any system,
h. results of unexpected accidents or technical errors, including force majeure, or the fees of the internet service provider of the User, the impossibility of performance arising from the coronavirus pandemic or the emergency phase or a quarantine obligation.
- Oboe Academy excludes its liability for cases that arise from the quality, way of performance or default of the booked lessons.
VII. Modification of booked lessons, termination of service
- The lessons already booked by the User could be modified and cancelled 24 hours before the start of the relevant lesson at the latest. In case of such cancellation, the price of the service is payed back to the User, with the subtraction of a 20 % service fee.
- The service contract may be terminated by the User with effect for the future (ex nunc effect) if the User orders one of the packages advertised on the Website. In such a case, a part of the already payed price will be repaid to the User, with the price of the lessons that were already performed and the 20 % service fee the Oboe Academy is entitled for subtracted from the total fee payed.
- The Instructor is not entitled to charge service fees after services that were terminated by the User according to the above.
- Regarding the above, with the acceptance of the present TaC, the Instructor declares expressly that it is not entitled to unilaterally terminate the contract concluded between it and Oboe Academy via withdrawal, as it can only be terminated for the future through the right of termination, and if the Instructor does not have an active or booked lesson.
VIII. Data protection
IX. Complaint handling
- The Instructor can file its complaint to Oboe Academy via the firstname.lastname@example.org e-mail address.
- In case a dispute arises, the parties may solve their case via peaceful negotiations. If the dispute could not be solved this way, the parties submit themselves to the jurisdiction of the court, whereas the competent court shall be the Hungarian court at the place of residence of Oboe Academy.
X. Closing provisions
- The present TaC overwrites any standard commercial practices standing between the user and Oboe Academy.
- Those commercial practices will not become part of the present TaC that are considered as widely known but not regulated by this TaC.
- In case that either one of the regulations of this TaC will be declared as null and void or ineffective in the future according to a final decision of the court or a provision of law, the other points of the TaC will not be affected by it, those will stay in effect with unchanged content.
- Oboe Academy reserves the right to amend the present TaC unilaterally. The future amendments will be effective from the date that the amended TaC is published on the website of Oboe Academy. Oboe Academy will send an information letter on the changes previously to the registered account of the User. Usage of the services and the Website after the amendment was published shall be considered as an acceptance of the amendment.
- The present TaC was made in English and Hungarian languages. In case of any differences between the texts, the Hungarian shall prevail.