Terms Of Service

 

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Anybe Platform, you agree to comply with and be bound by these Terms of Service.

 

By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

 

Last Updated: December 1, 2019

 

Thank you for using Anybe!

 

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Anybe (as defined below) governing your access to and use of the Anybe website, including any subdomains thereof, and any other websites through which Anybe makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Anybe Services"). The Site, Application and Anybe Services together are hereinafter collectively referred to as the “Anybe Platform”. 

 

When these Terms mention “Anybe,” “we,” “us,” or “our,” it refers to the Anybe you are contracting with. Account as determined by either your express selection or by Anybe’s assessment of your residence using various data attributes associated with your Anybe Account.

 

Our collection and use of personal information in connection with your access to and use of the Anybe Platform is described in our Privacy Policy.

1.1 The Anybe Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Guide” and the services they offer are “Experience service”) to publish such Experiences on the Anybe Platform and to communicate and transact directly with Members that are looking for booking such Experience service (Members using Experience are “Guests”). Experience service may be activities in various categories, coaching, master classes in various and a variety of other related services.

 

1.2 As the provider of the Anybe Platform, Anybe does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply Experience service, nor is Anybe an organizer or retailer of master classes in various professions. Guides alone are responsible for their Experience Services. When Members make or accept a booking, they are entering into a contract directly with each other. Anybe is not and does not become a party to or other participant in any contractual relationship between Members. Anybe is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

 

1.3 While we may help facilitate the resolution of disputes, Anybe has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Experience Services, (ii) the truth or accuracy of Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Anybe does not endorse any Member, Experience Services Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Anybe about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in a master classes or use other Experince Services, or communicate and interact with other Members, whether online or in person. 

 

1.4 If you choose to use the Anybe Platform as Guide (as defined below), your relationship with Anybe is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Anybe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Anybe. Anybe does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Coach Services. You acknowledge and agree that you have complete discretion whether to list Experience Services or otherwise engage in other business or employment activities.

 

1.5 To promote the Anybe Platform, Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Member Content may be translated, in whole or in part, into other languages. Anybe cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Anybe Platform may contain translations 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.

 

1.6 The Anybe Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Anybe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Anybe of such Third-Party Services.

 

1.7 Due to the nature of the Internet, Anybe cannot guarantee the continuous and uninterrupted availability and accessibility of the Anybe Platform. Anybe may restrict the availability of the Anybe Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Anybe Platform. Anybe may improve, enhance and modify the Anybe Platform and introduce new Anybe Services from time to time.

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Anybe Platform or register an Anybe Account. By accessing or using the Anybe Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

 

2.3 Anybe may make access to and use of the Anybe Platform, or certain areas or features of the Anybe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

 

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. 

 

2.5 The access to or use of certain areas and features of the Anybe Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Anybe Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

 

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Anybe 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.

Anybe reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Anybe Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Anybe Platform will constitute acceptance of the revised Terms.

4.1 You must register an account ("Anybe Account") to access and use certain features of the Anybe Platform, such as publishing or booking an Experience. If you are registering an Anybe Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

4.2 You can register an Anybe Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Anybe Account and your SNS Account at any time, by accessing the "Settings" section of the Anybe Platform.

 

4.3 You must provide accurate, current and complete information during the registration process and keep your Anybe Account and public Anybe Account profile page information up-to-date at all times.

 

4.4 You may not register more than one (1) Anybe Account unless Anybe authorizes you to do so. You may not assign or otherwise transfer your Anybe Account to another party.

 

4.5 You are responsible for maintaining the confidentiality and security of your Anybe Account credentials and may not disclose your credentials to any third party. You must immediately notify Anybe if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Anybe Account. You are liable for any and all activities conducted through your Anybe Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5.1 Anybe may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Anybe Platform ("Member Content"); and (ii) access and view Member Content and any content that Anybe itself makes available on or through the Anybe Platform, including proprietary Anybe content and any content licensed or authorized for use by or through Anybe from a third party ("Anybe Content" and together with Member Content, "Collective Content").

 

5.2 Subject to your compliance with these Terms, Anybe 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 any Collective Content made available on or through the Anybe Platform and accessible to you, solely for your personal and non-commercial use.

6.1 Anybe may charge fees to Guides ("GuidesFees") and/or Guests ("Guests Fees") (collectively, "Service Fees") in consideration for the use of the Anybe Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

 

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Coach or Сustomer prior to publishing or booking a master class. Anybe reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

 

6.3 You are responsible for paying any Service Fees that you owe to Anybe. The applicable Service Fees (including any applicable Taxes) are collected by Anybe Payments. Anybe Payments will deduct any Coach Fees from the master class Fee before remitting the payout to the Coach. Any Customer Fees are included in the Total Fees collected by Anybe Payments. Except as otherwise provided on the Anybe Platform, Service Fees are non-refundable.

7.1. You should carefully review the description of any master class or other Experience Service you intend to book to ensure you (and any additional Customers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Guide has specified in their master class. At your sole discretion you may want to inform the Guide of any medical or physical conditions, or other circumstances that may impact your and any additional Guest’s ability to participate in any any master class or other Experience Service. In addition, certain laws, like the minimum legal drinking age in the location of the any master class or other Experience Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an any master class or other Experience Service.

 

7.2 Before and during any master class or other Experience Service you must at all times adhere to the Guide’s instructions.

 

7.3 You may not bring any additional individuals to master class or other Experience Service unless such an individual was added by you as an additional Guest during the booking process on the Anybe Platform.

8.1 Guides and Guests are responsible for any modifications to a master class booking that they make via the Anybe Platform or direct Anybe customer service to make ("Booking Modifications"), and agree to pay any additional Guide Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

8.2 Guests can cancel a confirmed booking at any time pursuant to the cancellation policy, and Anybe Payments will refund the amount of the Total Fees due to the Guests in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Guide under the applicable cancellation policy will be remitted to the Guide by Anybe Payments pursuant to the Payments Terms.

8.3 If a Guide cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. 

8.4 If inclement weather creates an unsafe or uncomfortable scenario for Guests, Guide may modify or cancel an Experience Service. If there is a substantial change in the itinerary or the Experience Service needs to be cancelled, Anybe will work with the Guide and/or Guests to provide Guests an alternative date for the Experience Service, an appropriate refund or a rebooking.

8.5 In certain circumstances, Anybe may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Anybe's Extenuating Circumstances Policy or (i) where Anybe believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Anybe, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

8.6 If an Experience suffers a master class pursuant to the Guest Refund Policy, Anybe may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.

9.1 Within a certain time frame after master class, Guests and Guides can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Anybe. Ratings and Reviews are not verified by Anybe for accuracy and may be incorrect or misleading.

 

9.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

 

9.3 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Anybe Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

10. Damage to Equipment, Disputes between Members

The Customer undertakes to carefully handle the equipment and property of the Guide