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May 2024

Terms of Service

Thank you for using Hibiscourse!

These Terms of Service («Terms») are a binding legal agreement between you and Hibiscourse that govern the right to use the websites, applications, and other offerings from Hibiscourse (collectively, the «Hibiscourse Platform»). When used in these Terms, «Hibiscourse,» «we,» «us,» or «our» refers to the Hibiscourse entity set out on Section 7 Contracting Entities with whom you are contracting.

The Hibiscourse Platform enables users («Members») to publish, offer, search for, and book services. Members who publish and offer services are «Providers» and Members who search for, book, or use services are «Participants.» Providers offer courses, seminars, excursions, tours, and room lettings, and a variety of education and other services (collectively, «Services,» and each Service offering, a «Listing»). As the provider of the Hibiscourse Platform, Hibiscourse does not own, control, offer or manage any Listings or Services. Hibiscourse is not a party to the contracts entered into directly between Providers and Participants, nor is Hibiscourse an education service provider, travel agency, or insurer. Hibiscourse is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service («Payment Terms»).

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Hibiscourse payment entities (collectively «Hibiscourse Payments«).

1 Participant Terms

1.1 Searching and Booking on Hibiscourse

Searching

You can search for Provider Services by using criteria like the type of Provider Service, type of listing, venue, dates, and preferences. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous enrollments and saved listings, Provider requirements (e.g. minimum or maximum participants), and more.

Booking

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Hibiscourse’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, «Total Price»). If you choose to pay using a currency that differs from the currency set by the Provider for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Hibiscourse via Hibiscourse Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts. When you receive the booking confirmation, a contract for Provider Services (a «Enrollment») is formed directly between you and the Provider. By making a Enrollment you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Enrollment, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Enrollment. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Enrollment including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Providers work with a co-provider or as part of a team to provide their Provider Services.

Enrollments for Courses and Other Provider Services

A Course or other Provider Service Enrollment entitles you to participate in, attend, or use that Provider Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Course or Provider Service. Except where expressly authorized, you may not allow any person to join a Course or Provider Service unless they are included as an additional guest during the booking process.

1.2 Cancellations, Enrollment Issues, Refunds and Booking Modifications

Cancellations, Enrollment Issues, and Refunds

In general, if you cancel a Enrollment, the amount refunded to you is determined by the Providers's cancellation policy that applies to that Enrollment. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Enrollment, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Provider cancels, or you experience a Enrollment Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Hibiscourse by contacting our customer service.

Booking Modifications

Participants and Providers are responsible for any booking modifications they agree to make via the Hibiscourse Platform or direct Hibiscourse customer service to make on their behalf («Booking Modifications»), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

1.3 Your Responsibilities and Assumption of Risk

Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any venue, all areas and facilities where the Provider Service is located that the Provider and Participant are legally entitled to use in connection with the venue («Common Areas»), or any Course or other Provider Service. For example, this means: (i) you are responsible for leaving a venue (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional participant who is a minor or if you bring a minor to a Provider Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Your Assumption of Risk

You acknowledge that many Provider Services carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Hibiscourse Platform and any Content (as defined in Section 9), including your stay at any venue, participation in any Provider Service, use of any other Provider Service, or any other interaction you have with other Participants whether in person or online. This means it is your responsibility to investigate a Provider Service to determine whether it is suitable for you. For example, Provider Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Provider Services.

2 Provider Terms

2.1 Offering on Hibiscourse

Provider

As a Provider, Hibiscourse offers you the right to use the Hibiscourse Platform in accordance with these Terms to offer your Course, Seminar, Excursion, Tour, or other Provider Service with our vibrant community of Participants - and earn money doing it. It’s easy to create a Listing and you are in control of how you offer - set your price, availability, and rules for each Listing.

Contracting with Participants

When you accept a booking request, or receive a booking confirmation through the Hibiscourse Platform, you are entering into a contract directly with the Participants, and are responsible for delivering the Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Hibiscourse’s service fee (and applicable local taxes) for each booking. Hibiscourse Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Participants must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

Independence of Providers

Your relationship with Hibiscourse is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Hibiscourse, except that Hibiscourse Payments acts as a payment collection agent as described in the Payments Terms. Hibiscourse does not direct or control your Provider Service, and you understand that you have complete discretion whether and when to provide Provider Services, and at what price and on what terms to offer them.

2.2 Managing Your Listing

Creating and Managing Your Listing

The Hibiscourse Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Participant or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Provider Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions.

Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Provider Services. Some jurisdictions require Providers to register, get a permit, or obtain a license before providing certain Provider Services (such as short-term lettings, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Provider Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Participants who stay at your venue. Some jurisdictions have laws that create tenancy rights for Participants and additional obligations for Providers. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Participants and others in compliance with applicable privacy laws and these Terms, including our Provider Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

Search Results

The ranking of Listings in search results on the Hibiscourse Platform depends on a variety of factors, including these main parameters:

  • Participant search parameters (e.g. number of Participants, destination, time and duration, price range),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Provider Service, Provider status, length of time the Listing has been live on the Hibiscourse Platform, Participant engagement and popularity),
  • Participant experience (e.g. customer service and cancellation history of the Provider, ease of booking),
  • Provider and Listing requirements (e.g. minimum or maximum participants, booking cut-off time), and
  • Participant preferences and history (e.g. previous enrollments, viewed and saved Listings, location from where the Participant is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Hibiscourse may allow Providers to promote their Listings in search or elsewhere on the Hibiscourse Platform by paying an additional fee.

Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Hibiscourse Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Participants to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Hibiscourse Platform in violation of our Off-Platform Policy.

Provide Services as a Team or Organization

If you work with a co-provider or provide as part of a team, business, or other organization, you are responsible and liable as a Provider under these Terms for the acts and omissions of each entity and individual who participates in providing your Provider Services and you are responsible for informing personnel engaged by you to deliver any Provider Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Hibiscourse to transfer a portion of your payout to a co-provider or other Providers, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

Your Assumption of Risk

You acknowledge that providing services carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Hibiscourse Platform, offering Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Hibiscourse Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Provider Services and that you are not relying upon any statement of law made by Hibiscourse.

2.3 Cancellations, Enrollment Issues, and Booking Modifications

Cancellations and Enrollment Issues

In general, if a Participant cancels an enrollment, the amount paid to you is determined by the cancellation policy that applies to that Enrollment. As a provider, you should not cancel on a Participant without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Participant without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Participant experiences an Enrollment Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) an Enrollment is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Participant, and by any other reasonable costs we incur as a result of the cancellation. If a Participant receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Hibiscourse exceeds your payout, Hibiscourse (via Hibiscourse Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Hibiscourse’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of an Enrollment and/or the issuance of refunds to Participants. If we reasonably expect to provide a refund to a Participant under one of these policies, we may delay release of any payout for that Enrollment until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation.

Booking Modifications

Providers and Participants are responsible for any Booking Modifications they agree to make via the Hibiscourse Platform or direct Hibiscourse customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

2.4 Taxes

Provider Taxes

As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes («Taxes»).

Collection and Remittance by Hibiscourse

In jurisdictions where Hibiscourse facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorize Hibiscourse to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Hibiscourse are identified to Members on their transaction records, as applicable. Hibiscourse may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Hibiscourse is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

Tax Information

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Hibiscourse may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting.

3 General Terms

3.1 Reviews

After each Provider Service, Participants and Providers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Hibiscourse for accuracy and may be incorrect or misleading.

3.2 Content

Parts of the Hibiscourse Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Hibiscourse a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Hibiscourse Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Hibiscourse pays for the creation of Content or facilitates its creation, Hibiscourse may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Hibiscourse the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Hibiscourse may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Hibiscourse does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

3.3 Fees

Hibiscourse may charge fees (and applicable Taxes) to Providers and Participants for the right to use the Hibiscourse Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Participants before making a Booking. Except as otherwise provided on the Hibiscourse Platform, service fees are non-refundable. Hibiscourse reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

3.4 Hibiscourse Platform Rules

Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect:

  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings.
  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the Hibiscourse Platform:

  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Hibiscourse Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Hibiscourse Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Hibiscourse Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Hibiscourse Platform.

Only use the Hibiscourse Platform as authorized by these Terms or another agreement with us:

  • You may only use another Member’s personal information as necessary to facilitate a transaction using the Hibiscourse Platform as authorized by these Terms.
  • Do not use the Hibiscourse Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
  • You may use Content made available through the Hibiscourse Platform solely as necessary to enable your use of the Hibiscourse Platform as a Participant or Provider.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • Do not request, make, or accept a booking or any payment outside of the Hibiscourse Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
  • Do not require or encourage Participants to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after an enrollment, unless authorized by Hibiscourse.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Provider Services unless you are actually using the Provider Services.
  • Do not use, copy, display, mirror or frame the Hibiscourse Platform, any Content, any Hibiscourse branding, or any page layout or design without our consent.

Honor your legal obligations:

  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your room letting that violates our rules for parties and events, as incorporated by reference herein.
  • Do not use the name, logo, branding, or trademarks of Hibiscourse or others without permission, and only as set forth in our Trademark Guidelines.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Hibiscourse trademarks, logos or branding. See our Trademark Guidelines for additional details.
  • Do not offer Provider Services that violate the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

Reporting Violations

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Hibiscourse. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Hibiscourse. If you reported an issue to local authorities, Hibiscourse may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

3.5 Content Notifications and Content Moderation

You acknowledge that Hibiscourse has no general obligation to monitor Content provided by and stored on behalf of Members, or to actively seek facts or circumstances indicating illegal activity or the incompatibility of Content with the rights of third parties, these Terms, or Hibiscourse’s Policies and Standards. However, Hibiscourse reserves the right to carry out voluntary own-initiative investigations to detect, identify, and remove or disable access to illegal or incompatible Content, and to take any necessary measures in accordance with these Terms.

You agree to cooperate with and assist Hibiscourse in good faith, and to provide Hibiscourse with such information and take such actions as may be reasonably requested by Hibiscourse with respect to any investigation undertaken by Hibiscourse regarding Content on the Hibiscourse Platform or the use or abuse of the Hibiscourse Platform.

Hibiscourse provides Members and third parties, including designated trusted flaggers according to Article 22 of Regulation (EU) 2022/2065, («Notifiers») with the means to notify Hibiscourse of allegedly illegal Content (including copyright infringements) on the Hibiscourse Platform by using our electronic notification form («Content Notification»).

As part of its own initiative investigations and the review of Content Notifications, Hibiscourse uses various processes and tools to identify, review, and moderate Content. This may include human review, automated review, or a combination of both. If automated means have been used to review Content, and Hibiscourse has subsequently taken action with respect to that Content, Hibiscourse will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Hibiscourse and its Members do not preclude such notice.

Hibiscourse is entitled to suspend the processing of Content Notifications for a reasonable period of time, if the Notifier in question frequently submits notifications that are manifestly unfounded. Where appropriate, Hibiscourse will issue a warning prior to such a suspension. When deciding on a suspension, Hibiscourse will take into account all relevant facts and circumstances apparent from the information available to Hibiscourse, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the Notifier; and (iii) the intentions pursued by the Notifier, insofar as they can be determined by Hibiscourse.

3.6 Complaint Handling System

If you are a Member with your country of residence or establishment within the EEA and Hibiscourse takes any of the measures according to Section 13.3 on the grounds that Content provided by you is illegal or incompatible with these Terms, you may submit a complaint against such a measure through our internal complaint handling system.

Hibiscourse’s complaint handling system is also available to Members and third parties with their country of residence or establishment within the EEA who have submitted a Content Notification according to Section 12.3 of these Terms, if the notification has been rejected in whole or in part by Hibiscourse.

A complaint may be submitted via our complaint handling system for a period of six (6) months, beginning in the case of Section 14.1 with the day on which a Member is informed about the measure taken and in the case of Section 14.2 with the day on which the Notifier is informed about the rejection of their Content Notification.

Hibiscourse is entitled to suspend the processing of complaints from Members and Notifiers for a reasonable period of time, if the Member or Notifier in question frequently submits complaints that are manifestly unfounded. Where appropriate, Hibiscourse will issue a warning, prior to such a suspension. When deciding on a suspension, Hibiscourse takes into account all relevant facts and circumstances apparent from the information available to Hibiscourse, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the Member or Notifier, insofar as can be determined by Hibiscourse.

Members addressed by measures according to Section 14.1 and Notifiers that have submitted Content Notifications which have been rejected by Hibiscourse, are entitled to select a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065 in order to resolve disputes relating to those measures, including complaints that have not been resolved by means of our complaint handling system. Both parties will engage, in good faith, with the selected dispute settlement body to resolve the dispute. Hibiscourse reserves the right to refuse to engage with the dispute settlement body if a dispute regarding the same Content and grounds for alleged illegality of the Content or its alleged inconsistency with these Terms has already been resolved or is already subject to an ongoing procedure before a competent court or before another competent out-of-court dispute settlement body.

For all other inquiries and complaints that are not subject to Hibiscourse’s complaint handling system, Members can contact our customer service.

Copyright Notifications

If you believe that Content on the Hibiscourse Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

3.7 Termination, Suspension and other Measures

Term

The agreement between you and Hibiscourse reflected by these Terms is effective when you access the Hibiscourse Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. Hibiscourse may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Hibiscourse may also terminate this agreement immediately and without notice and stop providing access to the Hibiscourse Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Hibiscourse, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Member Violations

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Hibiscourse believes it is reasonably necessary to protect Hibiscourse, its Members, or third parties; Hibiscourse may, with or without prior notice:

  • suspend or limit your access to or use of the Hibiscourse Platform and/or your account;
  • suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
  • cancel pending or confirmed bookings; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Hibiscourse determines in its sole discretion, you will be given notice of any intended measure by Hibiscourse and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If an enrollment is canceled under this Section, the amount paid to the Provider will be reduced by the amount we refund or otherwise provide to the Participant, and by any other costs we incur as a result of the cancellation.

Legal Mandates

Hibiscourse may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

Effect of Termination

If you are a Provider and terminate your Hibiscourse account, any confirmed booking(s) will be automatically canceled and your Participants will receive a full refund. If you terminate your account as a Participant, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Hibiscourse Platform has been limited, or your Hibiscourse account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Hibiscourse Platform through an account of another Member.

Survival

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

Modification

Hibiscourse may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Hibiscourse Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Hibiscourse Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Hibiscourse Platform will constitute acceptance of the revised Terms.

3.8 Resolving Complaints and Damage Claims

If a Member provides valid evidence that you, or your participants(s) have:

(i) damaged the complaining Member’s, or the Venue owner’s (where the Venue owner is not also the Provider), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or

(ii) caused loss of booking income for bookings via the Hibiscourse Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a («Damage Claim»),

the complaining Member can notify Hibiscourse and/or seek compensation through the Contact Form. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Hibiscourse and Hibiscourse determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Hibiscourse via Hibiscourse Payments can collect the amount of the Damage Claim from you. You agree that Hibiscourse may seek to recover from you under any insurance policies you maintain and that Hibiscourse may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Hibiscourse requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Provider Services.

3.9 Hibiscourse’s Role

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. While we work hard to ensure our Members have great experiences using Hibiscourse, we do not and cannot control the conduct of Participants and Providers. You acknowledge that Hibiscourse has the right, but does not have any obligation, to monitor the use of the Hibiscourse Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Hibiscourse Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Hibiscourse administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for Providers), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Hibiscourse in good faith, and to provide Hibiscourse with such information and take such actions as may be reasonably requested by Hibiscourse with respect to any investigation undertaken by Hibiscourse regarding the use or abuse of the Hibiscourse Platform. Hibiscourse is not acting as an agent for any Member except for where Hibiscourse Payments acts as a collection agent as provided in the Payments Terms.

3.10 Member Accounts

You must register an account to access and use many features of the Hibiscourse Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Hibiscourse Platform under the laws of Switzerland, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Hibiscourse if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

3.11 Disclaimer of Warranties

We provide the Hibiscourse Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Participant, Provider, Provider Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Hibiscourse Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being «verified» (or similar language) indicate only that the Member or Listing or Hibiscourse has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Hibiscourse cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

3.12 Limitations on Liability

Neither Hibiscourse (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Hibiscourse Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Hibiscourse Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Hibiscourse Platform, or (iv) publishing or booking of a Listing, including the provision or use of Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hibiscourse has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Providers under these Terms, or make payments under the Hibiscourse Provider Damage Protection, in no event will Hibiscourse’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Hibiscourse Platform, any Content, or any Provider Service, exceed: (A) to Participants, the amount you paid as a Participant during the 12-month period prior to the event giving rise to the liability, (B) to Providers, the amount paid to you as a Provider in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Swiss Franks (CHF 100).

These limitations of liability and damages are fundamental elements of the agreement between you and Hibiscourse. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

3.13 Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Hibiscourse’s option), indemnify, and hold Hibiscourse (including Hibiscourse Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Hibiscourse Platform, (iii) your interaction with any Member, stay at a venue, participation in a Course or other Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

3.14 Contracting Entities

Based on your country of residence or establishment and what you are doing on the Hibiscourse Platform, Section 7 Contracting Entities below sets out the entity with whom you are contracting. If we identify through the Hibiscourse Platform, an entity other than the one set out in Section 7 Contracting Entities as being responsible for a product, feature or transaction, the entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Hibiscourse company you contract with (as set out in Section 7 Contracting Entities) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

3.15 Applicable law and Jurisdiction

These Terms are governed by and construed in accordance with Swiss law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Swiss law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of Hibiscourse's place of business in Switzerland. If Hibiscourse wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Swiss courts.

4 Miscellaneous

4.1 Other Terms Incorporated by Reference

Our Provider Damage Protection, Rebooking and Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Hibiscourse Platform, are incorporated by reference, and form part of your agreement with Hibiscourse.

4.2 Interpreting these Terms

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Hibiscourse and you pertaining to your access to or use of the Hibiscourse Platform and supersede any and all prior oral or written understandings or agreements between Hibiscourse and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Hibiscourse. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

4.3 No Waiver

Hibiscourse’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

4.4 Assignment

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Hibiscourse's prior written consent. Hibiscourse may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.

4.5 Notice

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Hibiscourse via email, Hibiscourse Platform notification, messaging service (including SMS), or any other contact method we enable you to provide.

4.6 Third-Party Services

The Hibiscourse Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Hibiscourse is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

4.7 Stripe Service Agreement

Payment processing services for Providers on Hibiscourse are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Provider on Hibiscourse, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Hibiscourse enabling payment processing services through Stripe, you agree to provide Hibiscourse accurate and complete information about you and your business, and you authorize Hibiscourse to share it and transaction information related to your use of the payment processing services provided by Stripe.

4.8 Google Terms

Some translations on the Hibiscourse Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Hibiscourse Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

4.9 Hibiscourse Platform Content

Content made available through the Hibiscourse Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Hibiscourse and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Hibiscourse Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Hibiscourse grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Hibiscourse Platform and accessible to you, solely for your personal and non-commercial use.

4.10 Force Majeure

Hibiscourse shall not be liable for any delay or failure to perform resulting from abnormal and unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

4.11 Emails and SMS

You will receive administrative communications from us using the email address or other contact information you provide for your Hibiscourse account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Hibiscourse Account.

4.12 Contact Us

If you have any questions about these Terms please email us.

5 Business Providers

If you declare that you use the Hibiscourse Platform to offer Provider Services to consumers for purposes relating to your trade, business, craft or profession (“Business Provider”), these following additional terms will apply to you:

As a Business Provider you commit to only offer Provider Services on the Hibiscourse Platform that comply with the applicable rules of Swiss law.

In order to meet mandatory statutory requirements you will be required to provide at least the following information (where applicable) to Hibiscourse in order to offer Provider Services as a Business Provider on the Hibiscourse platform:

  • your name, address, telephone number and email address;
  • a copy of your identification document or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014;
  • your payment account details;
  • the trade register in which you are registered and your registration number or equivalent means of identification in that register.

You will not be able to offer Provider Services on the Hibiscourse Platform until Hibiscourse has been able to assess that the information is reliable and complete. We may require you to provide additional documentation as determined by us for the purposes of enabling us to assess the reliability and completeness of your information.

You are responsible for the accuracy of the information provided and are required to keep your information up-to-date at all times. If we obtain sufficient indications or otherwise have reason to believe that any item of information is inaccurate, incomplete or not up-to-date, you will be asked to remedy the situation without delay. If you fail to update your information within the timeframe provided by us, we may suspend your use of the Hibiscourse Platform, until you have provided the required information. If we suspend our services for these reasons you have the right to lodge a complaint via our complaint handling system or with a certified out-of-court dispute settlement body in accordance with Section 14 of these Terms.

5.1 Access to Data

Business Providers have access to personal and other data in their Hibiscourse account and dashboard which is provided by the Business Provider, their Participants or generated through the use of the Hibiscourse Platform and which is necessary for the performance of their Provider Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

6 Additional Distribution Channels

Hibiscourse operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Hibiscourse published on third party websites from time to time.

7 Contracting Entities

Listing services for courses, seminars, excursions, tours, room lettings, and materials:

Hibiscourse
c/o Die Digitalen GmbH
Rautistrasse 60
8048 Zürich
Switzerland

Payment services between Providers and Participants:

Stripe Payments Europe, Limited (SPEL)
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
D02 H210
Irland

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