Terms and Conditions
This is an English translation. In case of any discrepancy, the Hungarian version prevails: Magyar változat
The contract concluded on the basis of this document will not be filed (it will not be accessible subsequently; the conclusion of the contract is evidenced by the order data), is concluded exclusively in electronic form, does not qualify as a written contract, is drawn up in the Hungarian language and does not refer to any code of conduct. Should any questions arise in connection with the operation of the website or the ordering process, we are at your disposal at the contact details provided.
The scope of these GTC extends to legal relationships established on the Service Provider's website (heydone.app) and its subdomains. These GTC are continuously available (and may be downloaded and printed at any time) from the following website: https://www.heydone.app
Definitions:
User: Any natural person, legal person or organisation that uses the Service Provider's services or concludes a contract with the Service Provider. Consumer: A User who is a natural person acting outside the scope of his or her profession, independent occupation or business activity. Business: A person acting within the scope of his or her profession, independent occupation or business activity.
Service Provider: The natural person, legal person or organisation without legal personality providing an information society service, which provides a service to the User and concludes a contract with the User.
Table of Contents
1. SERVICE PROVIDER DETAILS: . 3
2. BASIC PROVISIONS: 4
3. REGISTRATION/PURCHASE 5
4. RANGE OF SERVICES AVAILABLE FOR PURCHASE 6
5. ORDERING PROCESS 7
6. PROCESSING AND FULFILMENT OF ORDERS 8
7. RIGHT OF WITHDRAWAL/TERMINATION 9
8. WARRANTY 10
9 PROCEDURE IN THE EVENT OF A WARRANTY CLAIM 13
10. MISCELLANEOUS PROVISIONS . 14
11.COMPLAINTS HANDLING PROCEDURE . 15
12. COPYRIGHT . 21
13. DATA PROTECTION . 22
RULES OF LIABILITY APPLICABLE TO THE SERVICE PROVIDER AND THE
USER 23
15. SPECIAL RULES APPLICABLE TO THE USER 25
16. CONFIDENTIALITY 27
1. SERVICE PROVIDER DETAILS:
Name of the service provider: heyDONE
Registered office of the service provider (which is also the place of complaints handling): 1032 Budapest, Bécsi út 174. B. ép.
Contact details of the service provider; regularly used e-mail address for communication with users: [email protected]
Company registration number/registration number of the service provider: 01-09-449774 Tax number of the service provider: 29216589-2-41
Name of the registering authority / licensing authority and licence number (if any): Fővárosi Törvényszék Cégbírósága (Court of Registration of the Budapest-Capital Regional Court)
Telephone number of the service provider: Language of the contract: Hungarian
Name, address and e-mail address of the hosting provider: RackForest Zrt., 1132 Budapest, Victor Hugo utca 11., Hungary, [email protected]
2. BASIC PROVISIONS:
2.1. Matters not regulated in these GTC, as well as the interpretation of these GTC, shall be governed by Hungarian law, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code ("Ptk."), Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (Elker. tv.), and Government Decree 45/2014. (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses. The mandatory provisions of the relevant legislation shall apply to the parties even without any specific stipulation.
2.2. These GTC are effective from 17 October 2023 and shall remain in force until revoked. The Service Provider is entitled to amend the GTC unilaterally (circumstances giving rise to an amendment: changes in legislation, business interests, changes relating to the company). The Service Provider publishes the amendments on the website and notifies registered Users and/or Users who have previously made a purchase of the change by e-mail, on the basis of which the User is entitled to withdraw from or terminate the contract. The amendments do not affect contracts concluded previously, i.e. the amendment has no retroactive effect.
2.3. The Service Provider reserves all rights in respect of the website, any part thereof and the content appearing thereon, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content appearing on the website or any part thereof without the written consent of the Service Provider.
3. REGISTRATION/PURCHASE
3.1. In the course of using/ordering/subscribing to the service, the User is obliged to provide his or her own, true data. If untrue data, or data relating to another person, are provided in the course of using/ordering/subscribing to the service, the resulting electronic contract shall be null and void or, if it conceals another contract, the rights and obligations of the parties shall be assessed on the basis of the concealed contract. The Service Provider excludes its liability if the User uses its services on behalf of another person, using another person's data.
3.2. The Service Provider shall bear no liability whatsoever for any delay or other problem or error attributable to data provided incorrectly and/or inaccurately by the User.
3.3. The Service Provider shall not be liable for damages arising from the User forgetting his or her password, or from the password becoming accessible to unauthorised persons for any reason not attributable to the Service Provider (if registration is available on the site)
4. RANGE OF SERVICES AVAILABLE FOR PURCHASE
4.1. The services displayed may be ordered online from the website (in certain cases by telephone/via the application). The prices displayed for the services are in Hungarian forints and are gross prices (i.e. they include the VAT prescribed by law or, if the Service Provider invoices without VAT, the prices are the amounts payable).
4.2. The Service Provider indicates the name and description of the service in detail on the website.
4.3. If a promotional price is introduced, the Service Provider shall fully inform Users of the promotion and its exact duration.
4.4. If, despite all due care of the Service Provider, an incorrect price appears on the website interface, or a price of "0" HUF or "1" HUF appears due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but may refuse the offer and may offer confirmation at the correct price, in the knowledge of which the User has the right not to accept the modified offer. An incorrect price means a price at which the business does not have the contractual intention to conclude the contract. Pursuant to Act V of 2013 on the Civil Code (Ptk.), a contract is concluded by the mutual and concordant expression of the parties' intentions. If the parties are unable to agree on the contractual terms, i.e. there is no declaration mutually and concordantly expressing the parties' intentions, there can be no question of a validly concluded contract from which rights and obligations would arise.
5. ORDERING PROCESS
5.1. Following registration, the User logs in to the application, or may also start purchasing without registration.
5.2. The User selects the service he or she wishes to purchase under subscriptions.
5.3. After selecting the package, the User can proceed to payment by pressing the "I choose this" button.
5.3.1. Payment methods:
Online by bank card: The User can pay the total value of the order online by bank card via the secure payment system of the financial service provider engaged by the Service Provider.
Financial service provider engaged by the Service Provider:
Stripe Inc.
web: https://stripe.com email:[email protected]. Headquarters 185 Berry Street Suite 550. San Francisco, CA 94107
5.4. The final amount payable, as shown in the order summary and the confirmation e-mail, includes all costs.
5.5. After entering the data, the User can submit the order by clicking the "order/pay by bank card" button; before doing so, however, the User may check the data entered once more, may also send a comment with the order, or may notify us by e-mail of any other wishes relating to the order.
5.6. By placing the order, the User acknowledges that, pursuant to Section 15 and other provisions (e.g. Section 20) of Government Decree 45/2014. (II. 26.), the order gives rise to an obligation to pay.
5.7. After submitting the order, the User receives a confirmation by e-mail.
If this confirmation, counted from the submission of the User's order,
within a reasonable period depending on the nature of the service, but no later than within 48 hours,
does not reach the User, the User is released from the binding nature of the offer or
from the contractual obligation. The order and its confirmation
shall be deemed to have reached the Service Provider or the User, respectively,
when it becomes accessible to them. The Service Provider excludes its liability for confirmation
if the confirmation does not arrive in time because the User
provided an incorrect e-mail address during registration, or is unable to receive messages because the storage space
associated with his or her account is full.
5.8. The User acknowledges that the contract between the parties is concluded upon payment by bank card.
PROCESSING AND FULFILMENT OF ORDERS
6.1. Orders/subscriptions are processed within 15 working days.
6.2. Fulfilment takes place in accordance with the requested date, after notification of successful payment.
7. RIGHT OF WITHDRAWAL/TERMINATION7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses, the Consumer shall not be entitled to the right of withdrawal/termination in the case of a contract for the provision of services after the service has been fully performed, if the business began performance with the consumer's express prior consent and the consumer acknowledged that he or she will lose the right of termination once the service has been fully performed; furthermore, in the case of contracts for the provision of accommodation, transport, car rental, catering or services related to leisure activities, if a specific date or period of performance has been stipulated in the contract; or in respect of digital content supplied on a non-tangible medium, if the business began performance with the consumer's express prior consent and the consumer,
simultaneously with giving such consent, declared his or her acknowledgement that he or she will lose the right of withdrawal once performance has begun.
7.2. Government Decree 45/2014. (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses is available here.
7.3. Directive 2011/83/EU of the European Parliament and of the Council is available here.
8. WARRANTY
Defective performance
The obligor performs defectively if, at the time of performance, the service does not comply
with the quality requirements laid down in the contract or by
law. The obligor does not perform defectively if the obligee knew of the defect at the
time the contract was concluded, or should have known of the defect at the time the contract was
concluded.
In a contract between a consumer and a business, any stipulation that derogates, to the detriment of the consumer, from the provisions of this chapter on statutory warranty (kellékszavatosság) and guarantee shall be null and void.
Several warranty rights are available only to Users qualifying as consumers under the Civil Code.
User qualifying as a business: a person acting within the scope of his or her profession, independent occupation or business activity. Statutory warranty (kellékszavatosság)
8.1. In what cases may the User exercise his or her statutory warranty rights? In the event of defective performance by the Service Provider, the User may enforce a statutory warranty claim against the Service Provider in accordance with the rules of the Civil Code. 8.2. What rights does the User have on the basis of a statutory warranty claim? The User may – at his or her choice – assert the following statutory warranty claims: the User may request repair or replacement, unless fulfilling the claim chosen by the User is impossible or would involve disproportionate additional costs for the business compared to fulfilling another claim. If the User did not request, or could not request, repair or replacement, the User may request a proportionate reduction of the consideration or – as a last resort – may also withdraw from the contract. The User may switch from the chosen statutory warranty right to another; however, the cost of switching shall be borne by the User, unless the switch was justified or was caused by the business. The consumer is also entitled – in proportion to the seriousness of the breach of contract – to request a proportionate reduction of the consideration or to terminate the sales contract if
the business has not carried out the repair or replacement, or has carried it out but has not, in whole or in part, carried out the removal and reinstallation, or has refused to bring the goods into conformity with the contract;
a repeated defect in performance has occurred despite the business having attempted to bring the goods into conformity with the contract;
the defect in performance is so serious as to justify an immediate price reduction or the immediate termination of the sales
contract; or
the business has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that the business will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the consumer.
If the consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proving that the defect is minor shall rest with the business.
The consumer is entitled – in proportion to the seriousness of the breach of contract – to withhold the remaining part of the purchase price, in whole or in part, until the business has fulfilled its obligations relating to the conformity of performance with the contract and to defective performance.
The reasonable time limit available for the repair or replacement of the goods shall be calculated from the time when the consumer notified the business of the defect. The consumer must make the goods available to the business for the purpose of carrying out the repair or replacement.
The business shall ensure the taking back of the replaced goods at its own expense. If the repair or replacement requires the removal of goods which were installed in accordance with their nature and purpose – before the defect became apparent – the obligation to repair or replace shall include the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of such removal and installation.
A reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods to which the consumer would be entitled in the case of performance in conformity with the contract and the value of the goods actually received by the consumer.
The consumer's statutory warranty right to terminate the sales contract may be exercised by means of a legal declaration addressed to the business expressing the decision to terminate.
If the defective performance affects only certain items of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract are met in respect of those items, the consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them if the consumer cannot reasonably be expected to keep only the goods that conform to the contract. If the consumer terminates the sales contract in its entirety or in respect of part of the goods supplied under the sales contract,
the consumer shall return the goods concerned to the business at the expense of the business; and
the business shall refund to the consumer without delay the purchase price paid in respect of the goods concerned as soon as it has received the goods or proof of their return.
8.3. Within what time limit may the User enforce his or her statutory warranty claim? The User (if qualifying as a consumer) is obliged to notify the defect without delay after its discovery, but no later than within two months of the discovery of the defect. However, please note that the User may no longer enforce his or her statutory warranty rights beyond the limitation period of 2 years (1 year in the case of a business or of used products) from the performance of the contract.
(In the case of products with an expiry date, the statutory warranty may be enforced until the end of the expiry period.)
Where, in the case of goods with digital elements, the sales contract provides for the continuous supply of the digital content or digital service over a specified period, the business shall be liable for any defect of the goods relating to the digital content or digital service if the defect
in the case of continuous supply for a period not exceeding two years, within two years of the delivery of the goods; or
in the case of continuous supply for a period exceeding two years, during the entire period of continuous supply
occurs or becomes apparent.
8.4. Against whom may the User enforce his or her statutory warranty claim?
The User may enforce his or her statutory warranty claim against the Service Provider.
8.5. What other conditions apply to the enforcement of statutory warranty rights (if the User qualifies as a consumer)?
Within 1 year of performance, there is no condition for enforcing the statutory warranty claim other than notification of the defect, provided that the User proves that the product or service was provided by the business operating the website. After 1 year from performance, however, the User is obliged to prove that the defect identified by the User already existed at the time of performance.
9 PROCEDURE IN THE EVENT OF A WARRANTY CLAIM
(FOR USERS QUALIFYING AS CONSUMERS)
9.1. In a contract between a consumer and a business, the agreement of the parties may not derogate from the provisions of the decree to the detriment of the consumer.
9.2. It is the consumer's obligation to prove the conclusion of the contract (by an invoice, or even merely by a receipt).
9.3. The costs associated with the fulfilment of the warranty obligation shall be borne by the Service Provider (Section 6:166 of the Ptk.).
9.4. The Service Provider is obliged to draw up a record of the warranty claim notified to it by the consumer.
9.5. A copy of the record must be made available to the consumer without delay and in a verifiable manner.
9.6. If, at the time the consumer's warranty claim is notified, the Service Provider is unable to make a statement as to whether the claim can be fulfilled, it is obliged to notify the consumer of its position – and, in the event of rejection of the claim, also of the reasons for the rejection and of the possibility of turning to a conciliation body – within five working days, in a verifiable manner.
9.7. The Service Provider is obliged to retain the record for three years from the date on which it was drawn up and to present it at the request of the supervisory authority.
9.8. The Service Provider shall endeavour to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the consumer of the expected duration of the repair or replacement. Such information shall be provided, subject to the consumer's prior consent, electronically or by other means suitable for proving receipt by the consumer.
MISCELLANEOUS PROVISIONS
10.1. The Service Provider is entitled to engage a subcontractor in the performance of its obligations. It shall bear full liability for the unlawful conduct of such subcontractor as if it had committed the unlawful conduct itself.
10.2. If any part of these Terms becomes invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness and enforceability of the remaining parts.
10.3. If the Service Provider does not exercise a right to which it is entitled under these Terms, the failure to exercise such right shall not be deemed a waiver of that right. Any waiver of any right shall be valid only upon an express written declaration to that effect. The fact that the Service Provider does not, on one occasion, strictly insist on any essential condition or stipulation of these Terms does not mean that it waives its right to insist on strict compliance with that condition or stipulation in the future.
10.4. The Service Provider and the User shall endeavour to settle their disputes amicably.
10.5. The parties record that the Service Provider's website operates in Hungary and is also maintained there. As the site may also be visited from other countries, users expressly acknowledge that the law governing the relationship between the user and the Service Provider is Hungarian law. If the user is a consumer, then pursuant to Section 26(1) of the Pp. [Code of Civil Procedure], in disputes arising from this contract against the consumer, the court of the defendant's (consumer's) domestic place of residence shall have exclusive jurisdiction.
10.6. With regard to access to the services available on the website, the Service Provider does not apply different general conditions of access for reasons related to the User's nationality, place of residence or place of establishment.
10.7. The Service Provider – with regard to the payment methods it accepts – does not apply different conditions to payment transactions for reasons related to the User's nationality, place of residence or place of establishment, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union.
10.8. The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
COMPLAINTS HANDLING PROCEDURE(FOR USERS QUALIFYING AS CONSUMERS)
11.1. The Service Provider's aim is to fulfil all orders/subscriptions in appropriate quality and to the complete satisfaction of the customer. If, nevertheless, the User has any complaint regarding the contract or its performance, the User may communicate the complaint by the above telephone number, e-mail address, or by letter.
11.2. The Service Provider examines oral complaints immediately and remedies them as necessary. If the customer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Service Provider shall without delay draw up a record of the complaint and its position thereon, and hand over a copy thereof to the customer.
11.3. The Service Provider shall respond to written complaints in writing, on the merits and in a verifiable manner, within 30 days, and shall arrange for the communication of its response. It shall state the reasons for any position rejecting the complaint. The Service Provider shall retain the record of the complaint and a copy of the response for 3 years and shall present them to the supervisory authorities at their request.
11.4. We inform you that, in the event of the rejection of your complaint, you may initiate proceedings before an authority or a conciliation body with your complaint, as follows (the Service Provider has not made a general declaration of submission):
11.5. The Consumer may lodge a complaint with the consumer protection authority:
Pursuant to Section 45/A(1)-(3) of the Fgytv. [Consumer Protection Act] and Government Decree 387/2016. (XII. 2.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok 11.6. In the event of a complaint, our Consumer may turn to a conciliation body, the contact details of which can be found here:
Baranya Vármegyei Békéltető Testület (Conciliation Body of Baranya County)
Address: 7625 Pécs, Majorossy Imre u. 36.
Telephone: (72) 507-154; (20) 283-3422
Fax: (72) 507-152
Chair: Dr. Bércesi Ferenc
Website: www.baranyabekeltetes.hu
E-mail: [email protected]; [email protected]
Bács-Kiskun Vármegyei Békéltető Testület (Conciliation Body of Bács-Kiskun County)
Address: 6000 Kecskemét, Árpád krt. 4. Postal address: 6001 Kecskemét Pf. 228.
Telephone: (76) 501-525; (76) 501-532; (70) 702-8403
Fax: (76) 501-538
Chair: Dr. Horváth Zsuzsanna
Website: www.bacsbekeltetes.hu
E-mail: [email protected]Békés Vármegyei Békéltető Testület (Conciliation Body of Békés County)
Address: 5600 Békéscsaba, Penza ltp. 5.
Telephone: (66) 324-976
Fax: (66) 324-976
Chair: Dr. Bagdi László
Website: www.bmkik.hu
E-mail: [email protected]
Borsod-Abaúj-Zemplén Vármegyei Békéltető Testület (Conciliation Body of Borsod-Abaúj-Zemplén County) Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: (46) 501-091 (new cases); 501-871 (pending cases)
Chair: Dr. Tulipán Péter
Website: www.bekeltetes.borsodmegye.hu
E-mail: [email protected]
Budapesti Békéltető Testület (Budapest Conciliation Body)
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: (1) 488-2131
Fax: (1) 488-2186
Chair: Dr. Inzelt Éva Veronika
Website: www.bekeltet.hu
E-mail: [email protected]
Csongrád-Csanád Vármegyei Békéltető Testület (Conciliation Body of Csongrád-Csanád County)
Address: 6721 Szeged, Párizsi krt. 8-12.
Telephone: (62) 554-250/extension 118
Fax: (62) 426-149
Chair: Dr. Horváth Károly
Website: www.bekeltetes-csongrad.hu
E-mail: [email protected]
Fejér Vármegyei Békéltető Testület (Conciliation Body of Fejér County)
Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Telephone: (22) 510-310
Fax: (22) 510-312
Chair: Dr. Vári Kovács József
Website: www.bekeltetesfejer.hu
E-mail: [email protected]; [email protected]
Győr-Moson-Sopron Vármegyei Békéltető Testület (Conciliation Body of Győr-Moson-Sopron County) Address: 9021 Győr, Szent István út 10/a. Telephone: (96) 520-217 Chair: Dr. Bagoly Beáta Website: https://gymsmkik.hu/bekelteto E-mail: [email protected]Hajdú-Bihar Vármegyei Békéltető Testület (Conciliation Body of Hajdú-Bihar County)
Registered office: 4025 Debrecen, Petőfi tér 10.
Place of administration: 4025 Debrecen Vörösmarty u. 13-15.
Telephone: (52) 500-710; (52) 500-745
Fax: (52) 500-720
Chair: Dr. Hajnal Zsolt
Website: https://www.hbmbekeltetes.hu
E-mail: [email protected]
Heves Vármegyei Békéltető Testület (Conciliation Body of Heves County)
Postal address: 3300 Eger, Pf. 440. Customer service: 3300 Eger, Hadnagy u. 6. ground floor
Telephone: (36) 416-660/extension 105 Fax: (36) 323-615
Chair: Dr. Gondos István
Website: www.hkik.hu/hu/content/bekelteto-testulet
E-mail: [email protected]
Jász-Nagykun-Szolnok Vármegyei Békéltető Testület (Conciliation Body of Jász-Nagykun-Szolnok County) Address: 5000 Szolnok, Verseghy park 8. 3rd floor Telephone: (20) 373-2570 Fax: (56) 370-005 Chair: Dr. Lajkóné dr. Vígh Judit
Website: http://www.iparkamaraszolnok.hu/ugyintezes/bekelteto-testulet
E-mail: [email protected]
Budapesti Békéltető Testület (Conciliation Body of Komárom-Esztergom County)
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: (34) 513-010
Fax: (34) 316-259
Chair: Dr. Bures Gabriella
Website: www.kemkik.hu/hu/bekeltet-otilde-testulet
E-mail: [email protected]
Nógrád Vármegyei Békéltető Testület (Conciliation Body of Nógrád County)
Address: 3100 Salgótarján, Alkotmány u. 9/a
Telephone: (32) 520-860
Fax: (32) 520-862
Chair: Dr. Pongó ErikWebsite: www.nkik.hu
E-mail: [email protected]
Pest Vármegyei Békéltető Testület (Conciliation Body of Pest County)
Registered office: 1119 Budapest, Etele út 59-61. 2nd floor 240.
Postal address: 1364 Budapest, Pf.: 81
Telephone: (1)-269-0703
Fax: (1)- 269-0703
Chair: Dr. Koncz Pál
Website: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu
E-mail: [email protected]
Somogy Vármegyei Békéltető Testület (Conciliation Body of Somogy County)
Address: 7400 Kaposvár, Anna utca 6.
Telephone: (82) 501-000
Fax: (82) 501-046
Chair: Dr. Csapláros Imre
Website: www.skik.hu/hu/bekelteto-testulet
E-mail: [email protected]
Szabolcs-Szatmár-Bereg Vármegyei Békéltető Testület (Conciliation Body of Szabolcs-Szatmár-Bereg County) Address: 4400 Nyíregyháza, Széchenyi u. 2. Telephone: (42) 420-180
Fax: (42) 420-180
Chair: Görömbeiné dr. Balmaz Katalin
Website: www.bekeltetes-szabolcs.hu
E-mail: [email protected]
Tolna Vármegyei Békéltető Testület (Conciliation Body of Tolna County)
Address: 7100 Szekszárd, Arany J. u. 23-25.
Telephone: (74) 411-661; (30) 664-2130
Fax: (74) 411-456
Chair: Mónus Gréta
Website: https://www.tmkik.hu/hu/bekelteto-testulet_2
E-mail: [email protected]; [email protected]
Vas Vármegyei Békéltető Testület (Conciliation Body of Vas County)
Customer service: 9700 Szombathely, Rákóczi Ferenc u. 23.
Telephone: (94) 312-356; (94) 506-645; (30) 956-6708
Fax: (94) 316-936
Chair: Dr. Kövesdi ZoltánWebsite: www.vasibekelteto.hu
E-mail: [email protected]
Veszprém Vármegyei Békéltető Testület (Conciliation Body of Veszprém County)
Address: 8200 Veszprém, Radnóti tér 1.
Telephone: (88) 814-121; (88) 814-111
Fax: (88) 412-150
Chair: Dr. Herjavecz Klára
Website: www.bekeltetesveszprem.hu
E-mail: [email protected]
Zala Vármegyei Békéltető Testület (Conciliation Body of Zala County)
Address: 8900 Zalaegerszeg, Petőfi utca 24.
Telephone: (92) 550-513
Fax: (92) 550-525
Chair: Dr. Molnár Sándor
Website: www.bekelteteszala.hu
E-mail: [email protected]
11.7. The conciliation body has competence for the out-of-court settlement of consumer disputes. The task of the conciliation body is to attempt to bring about a settlement between the parties for the purpose of resolving the consumer dispute and, failing that, to take a decision in the matter in order to ensure the simple, rapid, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body provides advice on the rights and obligations of the consumer.
11.8. In the case of a cross-border consumer dispute relating to an online sales contract or an online service contract, the conciliation body operating alongside the Budapest Chamber of Commerce and Industry shall have exclusive competence for the proceedings.
11.9. In the event of a complaint, the Consumer may use the EU Online Dispute Resolution platform. Use of the platform requires a simple registration in the European Commission's system, by clicking here. Thereafter, after logging in, the consumer may submit a complaint via the online website at the following address: http://ec.europa.eu/odr
11.10. The Service Provider is under an obligation to cooperate in conciliation body proceedings. Within this framework, it is obliged to send its statement of defence to the conciliation body and to ensure the attendance at the hearing of a person authorised to conclude a settlement. If the registered office or place of business of the business is not registered in the county of the chamber operating the territorially competent conciliation body, the business's obligation to cooperate extends to offering the possibility of concluding a written settlement in accordance with the consumer's claim.
11.11. If the consumer does not turn to a conciliation body, or if the proceedings have not been successful, the consumer may turn to the courts in order to settle the dispute. The action must be initiated by a statement of claim, which must contain the following information:
the court seised;
the names, places of residence and procedural status of the parties and of the parties' representatives;
the right to be enforced, setting out the facts on which it is based and the evidence thereof;
the data from which the competence and jurisdiction of the court can be established;
a specific request for a decision by the court .
The statement of claim must be accompanied by the document, or a copy thereof, the content of which is relied upon as evidence.
COPYRIGHT
12.1. As heydone.app, as a website, qualifies as a work protected by copyright, it is prohibited
to download (reproduce), re-communicate to the public, otherwise use, electronically store, process or sell the content appearing on the heydone.app website or any part thereof without the written consent of the Service Provider. The User may, however, download the GTC and the privacy policy without any condition or restriction whatsoever and may store them in any form.
12.2. Any material may be taken from the heydone.app website and its database, even with written consent, only with reference to the website concerned.
12.3. . The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed therefrom and its internet advertising spaces.
12.4. It is prohibited to adapt or reverse engineer the content of the heydone.app website or any parts thereof; to create user IDs and passwords in an unfair manner; or to use any application by means of which the heydone.app website or any part thereof can be modified or indexed.
12.5. The heydone.app name enjoys copyright protection; with the exception of referencing, it may be used only with the written consent of the Service Provider.
12.6. The User acknowledges that, in the event of use without a licence, the Service Provider shall be entitled to a contractual penalty. The amount of the contractual penalty is HUF 100,000 gross per month. The User acknowledges that this penalty clause is not excessive and browses the site in awareness thereof. In the event of copyright infringement, the Service Provider shall use a notarial certification of facts, the cost of which shall likewise be passed on to the infringing user.
DATA PROTECTION
The privacy policy of the website is available at the following page:
https://heydone.app/adatkezelesi-tajekoztato/
Budapest, 17 October 2023
RULES OF LIABILITY APPLICABLE TO THE SERVICE PROVIDER AND THE USER
Liability
By accepting these GTC, the User expressly acknowledges that he or she uses the online service at his or her own risk.
The Service Provider excludes its liability for damages arising from the processing of incorrect or untrue data provided by the user. The User acknowledges that the Service Provider is liable only for damages that are in a direct causal relationship with the unlawful and culpable conduct of the Service Provider.
Should the User suffer any damage or disadvantage in connection with the use of the service or its results, the Service Provider excludes all liability in this respect.
The person who uploaded them shall be solely liable for the content of information, advertisements, promotions or other materials placed on the website/app that do not originate from the Service Provider.
Under these GTC, the Service Provider does not guarantee that the service will produce any result for the User. The Service Provider does not ensure the effectiveness of the service and is therefore not liable if, in the course of using the service, the User does not gain access to content suitable for him or her, nor is it liable if the User did not receive the standard and quality expected by him or her in the course of using the service.
The service operates on an "as is" and "as available" basis, i.e. the Service Provider is not obliged to carry out technical and IT developments to meet the User's needs.
The Service Provider furthermore excludes its liability:
for all damages arising from information (descriptions, images) placed by others on the heydone.app pages and in the application, including damages caused to third parties. This provision also applies to advertisements and other materials placed on the website/app,
in respect of information provided by others and transmitted, stored or made accessible by means of an information society service provided by an intermediary service provider – subject to the conditions laid down by law,
for the correctness, truthfulness or legal compliance of the information placed on the website/app, or for any infringement or damage caused to a third party by content contrary to law;
for any damages resulting from the use of the system, from a complete shutdown of its operation, or from changes;
for other errors and damages attributable to causes beyond the Service Provider's control (force
majeure)
for any material or non-material damage to the User resulting from the use of the services.
The Service Provider assumes no liability whatsoever in connection with calls and offers not originating from it made on the online interface maintained and operated by it, and contracts concluded on the basis thereof or the failure of any contract to be concluded, or in connection with defects in or discontinuation of the Services available on the website/app.
In the event of any infringements in connection with the Service, the Service Provider shall cooperate with the authorities within the framework required by law in order to hold the persons committing the infringement accountable, and reserves the right to file a report with the competent authority in the event of an infringement committed by the User or a third party. If the Service Provider is ordered to pay a fine, penalty or any amount payable on any other legal ground due to infringements in connection with the service, it shall bring a full claim for damages against the infringer both in respect of the amounts paid by the Service Provider and beyond.
The Service Provider does not intervene in legal disputes arising between the User and a third party or body; in the event of any dispute, by accepting these GTC the User releases the Service Provider from any and all claims, demands and damages. (The Service Provider is not obliged to intervene in a legal dispute arising between the User and a third party or body; however, the complaint may also be received by the Service Provider.)
Obligations
The Service Provider guarantees 99% availability of the online Service on an annual basis. For the purposes of measuring availability, planned maintenance lasting no more than 1 working day shall not be considered downtime, provided that the Service Provider has notified the User on the website of its date and expected duration in good time, but at least 5 working days before the maintenance.
Rights
The Service Provider is entitled, but not obliged, to check any content made available or uploaded by the User in the course of using the website/app. Furthermore, the Service Provider is not obliged to check information that it merely transmits, stores or makes accessible; accordingly, with regard to published content, the Service Provider is entitled, but not obliged, to look for indications of unlawful activity.
SPECIAL RULES APPLICABLE TO THE USER
Special rules applicable to the User
The User is obliged to ensure that he or she has suitable computer equipment and suitable Internet access in order to use the online service. The User is entitled to publish, or otherwise communicate on the website or any other web interface, the opinion formed in the course of any evaluation of the online service, without infringing the rights of others..
The User may use the information found on the website/app at his or her own risk.
The User is obliged to ensure that no third party uses the service in his or her place; transferring access is not permitted.
Other prohibited activities of Users in connection with the use of the website/app and the use of the Service (content restrictions):
Using the online service to record and/or transmit images/video recordings, location data or any personal data of other persons without their permission. (infringement of personal data)
Using another person's access without authorisation, or hacking another person's profile.
Selling, exchanging or transferring to a third party the access of any person without that person's knowledge and prior written approval.
Sending, uploading, distributing or offering content that is unlawful, inciting, intimidating, pornographic, racist, defamatory, harassing, threatening, abusive, fraudulent, obscene or otherwise objectionable.
Intentionally distributing viruses, worms, other defects, Trojans, corrupted files, hoaxes or other items (information) of a harmful nature.
Operating and distributing pyramid schemes.
Uploading or transmitting other content harmful to minors.
Impersonating another person or otherwise assuming a false identity.
Unlawfully communicating another person's intellectual product or other intellectual property without the prior written permission of the owner or licence holder.
Using the service for any infringement or in a manner contrary to law (such as personality rights or rights of publicity, or other rights.)
Using the service to violate the business terms of others.
Advertising or facilitating illegal/unlawful activity in the course of using the service.
Preventing others in any way from using the online service.
Creating/generating users by automated or other fraudulent means.
Selling, reselling or otherwise using or transferring the service for unauthorised commercial purposes without the prior permission of the service provider.
Modifying, appropriating, translating or reverse engineering the service to any extent.
Removing any copyright notice, trademark or other indication of ownership displayed on the service.
Reshaping the website of the service, rendering it unusable, or creating a site identical to the website.
Violation of the above rules may result in the deletion of the user account! Other liability rules, dispute resolution
The Service Provider assumes no liability for damages – primarily caused by computer viruses – that occur in the User's computer equipment or other property during login, use of the System or the opening of harmful content. The Service Provider likewise assumes no liability for the unavailability or slow operation of the system due to the fault of the internet service provider.
The use of the system and of the services presupposes that the User is aware of and accepts the possibilities, risks and limitations of the Internet. The User acknowledges that he or she must assess for himself or herself any risks associated with the use of the services, and must himself or herself ensure the secure use of his or her computer and the protection of the data stored on it.
The Service Provider endeavours to ensure, but cannot guarantee, the error-free and uninterrupted operation of the website/app, or that access to the service will be continuous or error-free. The User acknowledges that, due to the characteristics of the Internet, the continuous operation of the service may be interrupted even without the prior knowledge and against the intention of the Service Provider. While complying with the annual availability (95%), the Service Provider is entitled to suspend the Service in part or in whole for the purpose of maintaining the system or for other security reasons, without any prior information or notification to Users. The Service Provider is liable only for damages caused by unlawful conduct attributable to it, in accordance with the relevant rules of the Ptk.
If, as a consequence of war, rebellion, terrorist act, strike, accident, fire, blockade, flood, natural disaster, serious disruption of energy supply or any other unforeseeable and unavoidable impediment (force majeure) beyond the control of the User or the Service Provider, either of them is unable to fulfil any of its contractual obligations, that person shall not be liable for any loss or damage arising as a result of such events. In this case, the procedure shall be in accordance with Sections 6:179-180 of the Ptk.
CONFIDENTIALITY
The parties undertake that, during the term of this Contract and for
5 years following its termination, they will treat this Contract, its content and all
information that has come into their possession in the course of their cooperation as strictly confidential,
as business secrets, and will not disclose them in any way
to the public or to any third party, or otherwise
use them.
Budapest, 17 October 2023