Terms And Conditions

The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you ("User", "you," "your") and Dibwas Websoft Technologies LLP ("HobbyLancer.com", "Hobbylancer" "we", "us") (hereinafter collectively referred to as the "Terms of Service"). By visiting or using the services available from the domain and sub-domains of www.hobbylancer.com (the "Website"), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

Overview and Definitions

HobbyLancer is a platform where you can showcase your hobbies and talents to the world. You can learn new hobbies and/or earn from your talents. The Website contains features that enable Hobbyists and Buyers to do, among other things, the following:

Hobbyists: Create profile, choose related hobbies, create portfolio, Learn new hobbies. Hobbyists who want to sell products can create proposals for sale, manage orders and communicate with client, submit Quotes, negotiate with Buyers, obtain Job awards, obtain feedback from Buyers. The terms and conditions for services can be found here:

Portfolio - Click Here

Proposal - Click Here

Buyers: Create profile, view portfolio, proposals, contact Hobbyists, award Jobs to Hobbyists, manage Jobs, leave feedback for Hobbyists.

We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the "Services"). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:

Account: means the account created by the Website upon registration.

Buyer's Acceptance of Services: shall mean: (a) Buyer and the hobbyists agree as to the rightful recipient of the funds (b) Buyer and the hobbyists agree as to the rightful recipient of the services.

HobbyLancer Billing and Payment Services: means, collectively, the HobbyLancer Invoice Service.

Service Charges: means, as applicable, the Job, Handling, Withdraw.

Services: means, collectively, the HobbyLancer Billing and Payment Service.

Website: means the world wide web site operated by HobbyLancer.com at https://www.hobbylancer.com or any replacement URL.

Registration

(A) Eligibility

If you plan just to browse or learn new hobbies, you just need to be a legal entity. However if you wish to sale or bid on jobs, you must be an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Hobbylancer.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

(B) Registration

To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness. If you wish to Sale or do business on HobbyLancer, you will be required to provide documents as mentioned here. (https://www.hobbylancer.com/pages/required-documents-for-seller-verification)

(C) Accounts and Profiles

General. Once you have registered with the Website as a Registered User, the Website will create your Account with HobbyLancer.com and associate it with an account number. You may create a profile under your Account. You may even register using your Facebook or Google account. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Hobbylancer.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.

(D) Membership

Hobbylancer.com now provides only all premium membership to everyone for free.

(E) Taxes

Registered Users are responsible for payment and reporting of any taxes.

(F) Withdrawal

General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if HobbyLancer.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, HobbyLancer.com has the right to refuse to process such request.

(G) Refund

If any job assigned to hobbyist or any item purchased is not delivered to buyer by seller, buyer who has paid money can raise a support request to request refund. Company will review the request and will refund the full amount even the fees within 2 working days of the dispute resolution.

(H) Cancellation

Cancellation is not possible after payment is made. However on special grounds, we may consider the situation provided the seller agrees to cancel the project and refund money to buyer.

(I) Legal Relationship

HobbyLancer.com is not your agent with respect to any funds that have been transferred to HobbyLancer.com for any Assumed Payment Liabilities.

Representations, Disclaimers, Limitations And Exclusions:

(A) Registered User Representations and Warranties

All Registered Users represent, warrant, and agree:

1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. to be fully responsible and liable for any action of any user who uses your Account.
3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. not to allow any third party who is not authorized to do so to use your Account at any time.
5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. not to intercept or expropriate any system, data or personal information from the Website.
7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.

(B) Warranty Disclaimer

THE SERVICES PROVIDED BY HOBBYLANCER.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(C) Limitation of Liability

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(D) General Release

If you have a dispute with another Registered User, you release HobbyLancer.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(E) State Specific Release

This is as per State of West Bengal India rules

(F) Indemnity

You agree to defend, hold harmless and indemnify HobbyLancer.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by HobbyLancer.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against HobbyLancer.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the HobbyLancer Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

(G) Links

The Website may contain links to third-party web sites not under the control or operation of HobbyLancer.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

(H) Data

You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on HobbyLancer.com's part to store, backup, retain, or grant access to any information or data for any period.

Miscellaneous Terms And Conditions

(A) Compliance with Law

You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

(B) Modification and Waiver

HobbyLancer.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of HobbyLancer.com. No delay or omission by HobbyLancer.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

(C) Severability

If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(D) Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of HobbyLancer.com, and any attempt to do so will be null and void. HobbyLancer.com may assign these Terms of Service in its sole discretion.

(E) State Specific Legal Notice

Please feel free to contact HobbyLancer.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at info@hobbylancer.com.

(F) Force Majeure

Except for the payment of fees to HobbyLancer.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

(G) Notice

All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

If to HobbyLancer.com

Attention Dibwas Websoft Technologies LLP

71 Manasbhumi Lane

Manikpur

Kolkata - 700079.

If to Registered User:

To the address associated with Registered User's access or login information.

(H) Headings and Labels.

The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.

(I) Integration.

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and HobbyLancer.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.