Oboe Academy Online Kft.
Terms and Conditions for Users 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 15. 06. 2021. 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.
- Services provided by the Website are accessible for the consumers (hereinafter: Consumers), organisations that cannot be considered as consumers, self-employed persons and legal persons (hereinafter together as: Users). The TaC applies to all Users, with the exception to those regulations that could only be applied to consumers.
- 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.
- For those who resort the services of Oboe Academy as instructors, the Terms and Conditions on Instructors shall apply.
- 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.
- With registration the User is able to survey its calendars, manage its appointments, survey its previous orders, send direct messages to the Instructors and gather separate information on the services already put in the basket by the User, together with the hours and services already ordered with a link directed to them.
- The services are only accessible with an active User account, without one it is not possible to have access to the services of the Instructors.
- Only those Users could receive an Instructor qualification, whom were validated as such by Oboe Academy.
- Only those with validation granted by Oboe Academy are eligible to pursuit Instructor activities on the Website.
- The User is able to modify its personal data given during registration in its personal account at any time. Please, supervise and modify your data if needed before each and all subsequent orders.
- If the User would like to delete its account, it can be done by clicking on the button found at the bottom of Account / Details menu. In case of a User, the system will automatically check if it has an already booked lesson while in case of an Instructor the system will check the booked and 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 User has to set the time zone that is to be applied to it. If the User 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 all claims arising 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 user at any time.
- With the acceptance of this TaC, the User 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 User:
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 User;
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 a User 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.
- The legal relationship between the User and Oboe Academy is governed by Hungarian law.
IV. Protection of copyrights
- Users 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, one 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 use the services. 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 Users.
- 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.
- The features and specifications of the extendable lessons are provided by the descriptions at the Website given by the Instructors.
- With the use of the services, the User not becomes entitled to use the trademarks, business names, logos etc. of Oboe Academy or its contractual partners.
A. Booking lessons
- After choosing a service, the User has to finalize the order with credit card payment on the system that pops up automatically on the Website.
- The following services are available on the Website:
a. Private lessons with one of the Instructors presented under the Team menu and chosen by the User;
b. coaching and video analysis meant to improve individual special skills;
c. reed making;
d. packages of the above (basic, advanced and premium).
- Wider descriptions of the services are provided on the Website.
- The User can put the chosen services in the basket and decide whether to continue browsing or to inspect the content of the basket by clicking on it. If the User would like to finish browsing, then it has to click on the payment button in the basket and finalize its order. After this, a window will pop up automatically, where the User has to give the required data in order to reach the payment interface. The User is able to modify the content of the basket and to delete unsought services from it. We advise the User to double-check the content of the basket before all orders!
- If the User finalized its order by mistake, or it was not coming from the User, please contact Oboe Academy without hesitation at email@example.com.
- Online payment is done via the interface owned by the payment service provider; thus, Oboe Academy is not able to see or get to know data regarding the bank account, credit card or any other data given by the User regarding the payment. In this case, Oboe Academy is not a data controller.
- The User could find information on its previous bookings in its personal account.
- The User is obliged to give the following data in order to have access to the services of the Website:
- Data given during registration:
- account name.
- e-mail address,
- date of birth,
- Data required for online payment:
- e-mail address,
- account name,
- phone number,
- data of contact person in case of a company client,
B. Booking conditions
- The booking is finalised with the online payment of the chosen services.
- In case of a finalized order, the chosen service will appear in the calendar of the User, and it will be able to contact the chosen Instructor directly, who is entitled to answer these contacts as well. The link to the interface where the lesson will be held is given after payment as well.
C. Payment conditions
- The User can pay online via credit card payment.
- Credit card payment is done through the system of Barion. Credit card data will not reach Oboe Academy. Barion Payment Zrt. as a service provider is under the supervision of the Hungarian National Bank, its authorization number is: H-EN-I-1064/2013.
- In order to find more details about the activity and data processing of Barion Zrt. please follow: https://www.barion.com/en/privacy-notice/
- Prices presented on the Website are final and they contain VAT and all other expenses. Changes of the prices that occur after booking a service will not affect the price of the closed order.
- Oboe Academy will issue an electronic invoice in PDF format regarding the order, which will be sent as an attachment to the e-mail given by the User. The User is not entitled to request an invoice in any other way.
VI. Protection of minors
- Persons must be over 18 years old in order to register on the Website. It is mandatory for age verification to give the date of birth during registration.
- If the User is under 18 years old, Oboe Academy suggests to ask for the assistance of a major relative to interpret the TaC, and the legal guardian or parent to perform the registry, booking and payment of the services. Please note that the supervision of the lessons is the exclusive obligation of the legal guardian.
VII. 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.
- Oboe Academy is only responsible for the operation of the Website as an online intermediary interface. The accessible services are not provided by Oboe Academy, thus the selection of lessons, attendance and all other questions arising from the particular lesson is governed by the description given by the relevant Instructor. The detailed portrayal of every Instructor can be found on the Website.
- Oboe Academy is not obliged to reimburse any payments due to quality objections.
- The User is obliged to take direct liability for any and all claims and demands of the Instructor arising from the behaviour of the User presented on the lessons and the Website, including if the Instructor intends to enforce such a claim against Oboe Academy. The User cannot enforce any claims against Oboe Academy that arise from the behaviour of the Instructor.
VIII. Exclusion of rights of termination and withdrawal
- Please note that the general right of withdrawal and termination within 14 days of the Consumer regulated by Section 20 of the Government Decree 45/2014 (II. 26.) on the Detailed Rules of Contracts between Consumers and Undertaking (hereinafter: Decree) cannot be exercised in the following cases:
a) in case of service contracts if the service was performed completely, if the undertaking has started performance with the previous, explicit consent of the consumer and the consumer were given notice that after the completeness of the performance it will lose its right of withdrawal;
b) in case of a product or service, whose price or fee depends on the fluctuation of the cash market which is uncontrollable by the undertaking;
c) in case of non-prefabricated products, if it was produced according to the order or request of the consumer, or in case of a product that was unequivocally personalized for the consumer;
d) in case of perishable or short-term preservation products;
e) in case of those sealed package products that could not be returned due to hygienic or health reasons after they are unpacked;
f) in case of products that due to their nature will be inextricably mixed with other products after deliverance;
g) in case of alcoholic beverages whose price or fee depends on the fluctuation of the cash market which is uncontrollable by the undertaking and whose price was set by the parties during the conclusion of the sales contract, but the performance of the contract is started only after 30 days elapsed from the effective date;
h) in case of business contracts, whereas the undertaking seeks up the consumer according to the explicit request of the consumer in order to perform urgent repair or maintenance works;
i) in case of sealed voice-, or tele recordings and the sale of computer software if the consumer opened the package after delivery;
j) in case of newspaper, journal, periodicals, with the exception of subscription contracts;
k) in case of contracts concluded on public auctions;
l) in case of accommodation contracts with the exception of residential services, transportation, car rental agreements, catering or service contracts in terms of free-time activity services, if an exact term or deadline of performance was set in the contract;
m) in case of digital data content which was lent via non-physical media, if the undertaking has started performance with the previous, explicit consent of the consumer and the consumer were given notice that after the completeness of the performance it will lose its right of withdrawal;
- Services accessible via the Website of Oboe Academy fall under points l), m) and a) of the list above, as these services are connected to free-time activity services and performance is bound to an exact deadline. Appointments booked by the Consumer shall be considered as a deadline set by the contract. On the other part, the Instructor chosen by the registered Consumer already starts its performance with reservation of the date booked. The selection and booking of the exact appointment by the Consumer shall be considered as an explicitly and previously given consent to performance and that the Consumer has taken notice that it will lose its right of withdrawal after such performance was started. Moreover, the Consumer notes that it will lose its right of notice as well after the service was performed completely.
- Regarding the above, with the acceptance of the present TaC, the Consumer explicitly notes that the right – which, according to the Decree cited above the Consumer is generally entitled to – of withdrawal within 14 days from a contract was concluded is lost with the order and booking of a service. The User may exercise its rights of withdrawal and termination according to the rules set out in section IX
IX. 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.
- It is not possible to cancel or modify the appointment within 24 hours from the start of the lesson. Oboe Academy is not obliged to pay back the price ff the User fails to attend on the lesson.
- Before cancellation, please note that the time of the lesson could be modified in the User’s private account without any consequences. The detailed explanation of modification can be found in the account under the „reschedule” button, while information on cancellation could be find under the „cancellation” button. The reschedule button will automatically vanish and cannot be used from the 24th hour before the lesson starts.
- 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.
- 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.
- However, please do note that the advertised packages are containing a discount price in terms of the lessons due to the higher number of hours bought. With exercising the right of termination, the User loses its right for the discount, thus, the full price of the lessons that were already performed of the package will be substantiated from the total fee. With the acceptance of the present TaC, the User explicitly states that it understands this regulation and considers as bounding to itself.
- Oboe Academy is entitled to terminate the contract in case the User severely breaches the resolutions set by this TaC, whereas the rules above will be applied as well, i.e. a part of the already payed price will be repaid to the User, with the full 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.
X. Data protection
XI. Complaint handling
- The User 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 in front of the Conciliation Board at the Consumer’s place of residence and if the dispute could not be solved this way, the Consumer may file the case to the territorially competent district court, unless the Consumer’s residence is not in Hungary, whereas the competent court shall be considered as the competent court at the place of residence of Oboe Academy.
- If the User did not receive a satisfying answer for its complaint, it can file it to the following Conciliation Boards.
Conciliation Board of Baranya Megye
address: 7625 Pécs, Majorosy Imre u. 36.
postal address: 7602 Pécs, Pf. 109.
phone: (72) 507-154
fax: (72) 507-152
chairman: Dr. Bodnár József
e-mail: email@example.com, firstname.lastname@example.org
Conciliation Board of Bács-Kiskun Megye
address: 6000 Kecskemét, Árpád krt. 4.
phone: (76) 501-525, (76) 501-532
fax: (76) 501-538
chairman: Dr. Horváth Zsuzsanna
Conciliation Board of Borsod-Abaúj-Zemplén Megye
address: 3525 Miskolc, Szentpáli u. 1.
phone: (46) 501-091, 501-870
fax: (46) 501-099
chairman: Dr. Tulipán Péter
Conciliation Board of Budapest
address: 1016 Budapest, Krisztina krt. 99.
phone: (1) 488-2131
fax: (1) 488-2186
chairman: Dr. Baranovszky György
Conciliation Board of Csongrád Megye
address: 6721 Szeged, Párizsi krt. 8-12.
phone: (62) 554-250/118 mellék
fax: (62) 426-149
chairman: Dr. Horváth Károly
Conciliation Board of Győr-Moson-Sopron Megye
address: 9021 Győr, Szent István út 10/a.
phone: (96) 520-202; 520-217
fax: (96) 520-218
chairman: Horváth László
Conciliation Board of Hajdú-Bihar Megye
address: 4025 Debrecen, Petőfi tér 10.
place of proceeding: 4025 Debrecen Vörösmarty u. 13-15.
phone: 06-52-500-710, 06-52-500-745
chairman: Dr. Hajnal Zsolt
Conciliation Board of Heves Megye
address: 3300 Eger, Faiskola út 15.
postal address: 3301 Eger, Pf. 440.
phone: (36) 416-660/105
fax: (36) 323-615
chairman: Dr. Gordos Csaba
Conciliation Board of Jász-Nagykun-Szolnok Megye
address: 5000 Szolnok, Verseghy park 8.
phone: (56) 510-610
fax: (56) 370-005
chairman: Dr. Lajkóné dr. Vígh Judit
Conciliation Board of Komárom-Esztergom Megye
address: 2800 Tatabánya, Fő tér 36.
phone: (34) 513-010
fax: (34) 316-259
chairman: Dr. Rozsnyói György
Conciliation Board of Nógrád Megye
address: 3100 Salgótarján, Alkotmány út 9/a
phone: (32) 520-860
fax: (32) 520-862
chairman: Dr. Pongó Erik
Conciliation Board of Pest Megye
address: 1119 Budapest, Etele út 59-61. II. emelet 240.
chairman: dr. Csanádi Károly
Conciliation Board of Somogy Megye
address: 7400 Kaposvár, Anna utca 6.
phone: (82) 501-000
fax: (82) 501-046
chairman: Dr. Novák Ferenc
Conciliation Board of Szabolcs-Szatmár-Bereg Megye
address: 4400 Nyíregyháza, Széchenyi u. 2.
phone: (42) 311-544, (42) 420-180
fax: (42) 420-180
chairman: Görömbeiné dr. Balmaz Katalin
Conciliation Board of Tolna Megye
address: 7100 Szekszárd, Arany J. u. 23-25.
phone: (74) 411-661
fax: (74) 411-456
chairman: Dr. Gáll Ferenc
Conciliation Board of Vas Megye
address: 9700 Szombathely, Honvéd tér 2.
phone: (94) 312-356
fax: (94) 316-936
chairman: Dr. Kövesdi Zoltán
Conciliation Board of Veszprém Megye
address: 8200 Veszprém, Budapest u. 3.
phone: (88) 814-111
fax: (88) 412-150
chairman: Dr. Vasvári Csaba
XII. 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.
Withdrawal / termination declaration form, click here to download:
(only fill and send in case of the intention of withdrawal / termination)