International, social, media platform
Tudta Partner7 Limited Liability Company
AIRTHECASH
general contractual conditions
- From General content of contract terms, brief summary
These general terms and conditions (hereinafter referred to as "GTC") cover the Tudta Partner7 Limited Liability Company (hereinafter referred to as: "Intermediary") its business customers under contract (hereinafter: "Service provider") and by the Intermediary on the website www.airthecash.com (hereinafter referred to as "Website") using electronic commerce services provided through Partner, Service Provider Offer and Service Provider Supporting Referent (hereinafter collectively referred to as: "User") your rights and obligations. By registering on the Website, a contractual relationship is established between the Intermediary and the User under the terms and conditions set out in these GTC. These GTC also regulate certain general aspects of the legal relationship between the Intermediary and the Service Provider.
Summary: This legal document sets out the details of the contract between you and the Intermediary for the use of the AIRTHECASH system, your rights and obligations, the terms and conditions of use of the system and the rewards that may be obtained. Please read the provisions of these T&Cs carefully before using the Website and Services.
- Details of the Intermediary
Name of the Intermediary: Tudta Partner7 Limited Liability Company
The place of establishment of the Intermediary (and the place where the complaint is lodged): 1037 Budapest, Bécsi út 322. 3. lház. 4. floor. 17.
The contact details of the Intermediary, his/her regularly used e-mail address for communication with Service Providers and Users: dkriszta@tudta.hu
Company registration number/registration number: 01-09-184552
Tax number: 24827593-2-41
Name of the registering authority: Court of Justice of the Capital City Court
Phone number: +36 70 451 8708
Language of the contract: Hungarian
The contract a written contract qualifies as
Name, address and e-mail address of the hosting provider: Hostinger International Ltd; 61 Lordou Vironos st. 6023 Larnaca, Cyprus; en@hostingermail.com
- From General content of contractual terms and conditions
- By registering on the Website or by using any of the services available on the Website, or by subscribing to the newsletter, the User accepts these GTC as binding. In the event that the User does not accept these Terms and Conditions, he/she shall not be entitled to use the Website or to benefit from the services offered by the Website.
- A legal relationship under these GTC is established between the User and the Intermediary by the User's use of the Intermediary's services and acceptance of the GTC in force at the time of registration. The service provided by the Intermediary consists of the provision of goods/services and access to a dedicated media platform and business project management system that combines the advantages of social media, SAAS and PAAS with modern fintech and marketing solutions (hereinafter referred to as "Services").
- The Services are provided by the Intermediary by granting access to the Website and its functions.
- A User is any person who uses the services of the Intermediary, i.e. any person who registers or uses the Website. The Services are available exclusively to legal persons, organisations, sole proprietors and natural persons of legal age and capacity.
- The legal relationship between the Service Provider and the Intermediary shall be established by the conclusion of an individual cooperation agreement on the acquisition of the status of Service Provider, which relationship shall be governed by the relevant provisions of these GTCs, as set out in the individual agreement. Any natural person, legal entity or unincorporated organisation that has an individual contractual relationship with the Intermediary and whose products and/or services appear on the Website shall be considered a Service Provider.
- The status of Service Provider is conditional upon the conclusion of a cooperation agreement between the Intermediary and the Service Provider, which sets out certain issues of the legal relationship between the Parties in more detail than the provisions of these GTC (hereinafter referred to as "Cooperation Agreement"In the event of any discrepancy or conflict between the provisions of these GTC and the body of the Cooperation Agreement, the provisions of the Cooperation Agreement shall govern the legal relationship between the Intermediary and the Service Provider.
- The Intermediary, acting in its discretion, is entitled to refuse to conclude the Cooperation Agreement if the Service Provider is in arrears with any fees owed to the Intermediary and/or if the termination of the previous Cooperation Agreement was based on the Service Provider's serious breach of contract.
- The features of the services and products on the Website may be published by the Intermediary as provided in the Individual Agreement. On the Website, the Intermediary may also place photographs on the data sheet for the Services, but the photographs so placed may differ from the reality, in some cases they are illustrative.
- In matters not regulated in these GTC, the Hungarian legislation and official regulations in force at the time shall prevail, with the proviso that the operation and operation of the services shall be governed by Act CVIII of 2001 on electronic commerce services and certain issues of information society services (hereinafter: "Elker tv.") under § 2 (l) as an intermediary service qualifies as.
- The language of the contracts concluded between the User, the Service Provider and the Intermediary through the Services shall, as a general rule, be Hungarian or the language designated by the Parties.
- The Intermediary states that contracts concluded through the Services do not constitute a written contract and are therefore not registered by the Intermediary and are not accessible afterwards. However, in the event of a dispute between the Parties as to the content of a contract concluded in this way, the Hungarian language shall prevail in the contract between the Parties. The Parties may derogate from this provision by mutual consent.
- Brief description of the Services
- The Intermediary is the author and exclusive owner of the AIR THE CASH system available on the Website (hereinafter referred to as "AIRTHECASH").
- AIRTHECASH is about providing access to a dedicated media platform and business project management system that combines the benefits of social media, SAAS and PAAS with modern fintech and marketing solutions.
- The User can access the contents of the Website by clicking on the registration tab on the Website. Registration requires the provision of the data indicated on the Website. The User is obliged to provide up-to-date and accurate data during registration and throughout the duration of the legal relationship.
- Types of Users
- Tag the User who accesses content published on the Website free of charge. The Member is not obliged to pay a fee to the Intermediary, but the other provisions of the GTC apply to the Member. The Member's access to the Website and the Services is limited and not all features are available to him/her.
- Partner the User who pays a monthly user fee to the Intermediary to have full access to the Services, under the conditions set out in these GTC. The Intermediary shall provide the Partner with tools and training to support the Partner's sales and to promote the Services. In the event of successful sales, the Intermediary will provide the Partner with a share of the Intermediary's commission according to the terms and conditions of the Affiliate Partner Program set out in these GTC.
- Service providers (Economic Partners) are business partners with a Unique Agreement that comply with the terms and conditions set out in these GTC and that provide products or services through the Website or pay fees (e.g., brokerage commission) to the Intermediary.
- Service Provider Recommenders Members who, as a result of the Intermediary's activities, the Intermediary enters into an Individual Agreement with additional Service Providers. The Service Provider is entitled to an Referral Commission if an Individual Agreement is concluded between the Service Provider it has mediated and the Intermediary. The amount of the acquisition commission shall be Intermediary's income from service provider between 1%-a and 5%-a a gross amount, the determination of which is in any case at the sole discretion of the Intermediary.
- References supporting the service provider Partners who have completed training in accordance with the examination system defined by the Intermediary and who support the smooth cooperation between the Intermediary and the Service Provider candidate, and later the Service Provider, by maintaining a continuous business relationship from the first contact through the agreement, and who act as a referral between the Intermediary and the Service Provider. A Referrer supporting a Service Provider is entitled to a commission on the acquisition of business in the event of an individual Agreement between the Service Provider it refers and the Intermediary. The amount of the acquisition commission is Intermediary's income from service provider between 1%-a and 5%-a a gross amount, the determination of which is in any case at the sole discretion of the Intermediary.
- Top Partners Partners whose outstanding performance generates particularly high turnover for the Intermediary. The Intermediary may provide additional discounts and benefits to such Partners by separate agreement.
- Share of dividends
- Affiliate System:
In the course of using the Website and Services, AIRTHECASH identifies the User who has referred the User to join the community. Members of the community are also able to add another User to the community at any time. Only those members of the AIRTHECASH community who have the status of Partner are entitled to a commission. The Intermediary has the sole discretion to decide whether or not a User is considered to be in an active status on the basis of his/her activity in using the Services.
In the event that a transaction is made in connection with the use of the Website and Services in relation to the Service Provider's products or services, AIRTHECASH will determine the entitlement to a commission.
The commission is based on the net amount paid by the Service Provider to the Intermediary. The commission is distributed as follows:
If the User executing the transaction is a Partner, he/she is entitled to a commission equal to the 40% of the commission fund.
If the User making the transaction is not a Partner, but a Member, AIRTHECASH will skip any other Members and look for the first Partner up the referral line, who will be entitled to a commission equal to the 40% of the commission fund.
AIRTHECASH continues its search on the referral line under the same criteria
- the second Partner, who is commission fund 4%;
- the third Partner, who is the 3% of the commission fund;
- the fourth Partner, who is the 2% of the commission fund, and
- the fifth Partner, who is the 1% of the commission fund
you are entitled to a commission of an equivalent amount.
- Support Packages:
In connection with the provision of the Services, the Intermediary regularly publishes advertising campaigns, for which it hires third party advertising agencies. AIRTHECASH keeps separate records for each advertising agency position, so that it is able to accurately determine the turnover generated by each advertising agency in relation to the Service Provider's product or service.
Users have the possibility to purchase sponsorship packages issued in connection with advertising campaigns organised by the Intermediary (hereinafter referred to as "Support Packages"External advertising agents (not listed as Affiliates in the AIRTHECASH system) who carry out advertising campaigns are also registered as positions, but do not receive commissions under the Affiliate System. The Affiliate System commission for these positions will be distributed to Affiliates in active status in proportion to their support as follows:
- For a Sponsor Package of EUR 250, the commission fund is equal to 40% of 10 shares;
- For a Sponsor Package of EUR 500, the commission fund will be equal to 40% of 30 shares, and
- For a Sponsor Package of 1000 EUR, the amount of the 40% of the commission fund, equivalent to 70 shares
the Affiliate purchasing a particular Sponsorship Package is entitled to a commission in proportion to his/her total share and his/her own share of the campaign.
- User obligations
- The User shall provide the technical conditions necessary for the use of the Services on his/her own device.
- The User shall cooperate with the Service Provider when using the services of the Intermediary.
- The User shall pay in full the purchase price and, in the case of any other service(s), the service fee, as determined by the Service Provider, in the manner determined by the Service Provider, regardless of any warranty, guarantee or other claim.
- The Partner is obliged to pay the monthly service fee and the fee for the Support Packages to the Intermediary in due time.
- Obligations of the service provider
- The Service Provider shall perform its contractual obligations under the Individual Agreement during the term of the contractual relationship with the Intermediary.
- The Service Provider is obliged to publish its advertisements for the provision of goods/services offered by it with accurate information and, if the offer is accepted, to conclude and perform a contract with the persons accepting the offer according to the terms and conditions indicated in the offer.
- In any case, the Service Provider is responsible for the contractuality and legality of any transactions between the Service Provider and the persons accepting the offer.
- In any case, the Service Provider is obliged to provide the personnel, material and technical conditions necessary for the performance of the advertised contract by the Service Provider.
- The Service Provider is obliged to apply any discounts contractually requested by the User, if the advertisement contained such discounts. If, for any reason, the Service Provider is unable to do so, it shall offer the User proportionate and reasonable compensation.
- The Service Provider shall in all cases provide the Intermediary and the User with authentic, up-to-date and accurate information and shall provide the User with any discounts advertised by the Service Provider in the content specified in the discounts (hereinafter: "Discounts")
- When establishing the discounts, the Service Provider shall send the Intermediary the detailed content of the discounts. The Intermediary may, at its discretion, decide to reject the information within 5 working days of receipt of the information on the discounts. In the event of rejection, the Intermediary shall inform the Provider of the reason for the rejection of the discounts, in order to enable the Provider to remedy any shortcomings. Only the Discounts approved by the Intermediary will be displayed on the Website, with the understanding that if the Intermediary does not take a decision to reject the Discount within the above deadline, the Discount will be deemed to have been approved.
- Discounts offered by the Service Provider that:
- are unreasonable;
- are unlawful;
- do not in fact constitute a discount for the User;
- conflict with the provisions of these GTC.
Such Discounts may be removed from the Website by the Intermediary at its sole discretion, with immediate effect, without prior notice to the Service Provider.
- The Service Provider is obliged to keep up-to-date, correct and accurate records of the availability of the services, products or product groups indicated in the Discounts.
- An advertisement published by the Service Provider is considered an offer.
- The process of using the Service
- In order to use the Services, the User and the Service Provider must register on the Website by filling in their correct and complete data. Registration is done by filling in the registration form with real data, correctly and completely.
- By using the Services and by registering, the User and the Service Provider undertake that the data and information provided by the User will not infringe the rights or legitimate interests of the Intermediary or any third party. The User and the Service Provider expressly accept that the Intermediary shall not be liable in any way whatsoever for any failure to comply with this obligation.
- Each User and Service Provider may have only one registered account, which only that User or Service Provider is entitled to use. The Intermediary reserves the right to delete a User's or Service Provider's account without giving any reason in the event of a serious breach of this clause.
- During registration, the User and, as provided for in the Individual Agreement, the Service Provider must accept the GTC and the Privacy Policy in force at the time of registration by clicking on the appropriate box. In the event that the User and/or the Service Provider do not accept the provisions of the GTC and/or the Privacy Policy during the registration process, their registration cannot be finalised and will not be valid.
- The User and the Service Provider have the possibility to subscribe to the Intermediary's newsletters during registration or without registration by clicking on the newsletter subscription field on the Website, by providing their full name (company name) and e-mail contact details. The subscription to the newsletter is voluntary, but the validity of the consent to subscribe is subject to the User and/or the Service Provider. The subscription entitles the Intermediary to send regular newsletters to the User and/or the Service Provider by email until the unsubscription from the newsletter.
- Provisions on partner subscription
- The Partner shall pay a service fee for subscribing to the Services and for the Support Packages (hereinafter referred to as "Prize") shall pay the Intermediary on the terms and conditions set out in these GTC.
- The Service Fees will be displayed on the Website. The amount of the Affiliate Subscription Fee may be adjusted by the Intermediary at its sole discretion. If the Partner does not agree to the increase of the Fee and thus does not pay it, his status as a Partner will be terminated.
- The invoice for the Fee will always be issued by the Intermediary to the registered Partner, unless the Partner informs the Intermediary of the identity and billing details of the account holder in the fields provided before the invoice is issued. In this case, the Partner must provide in the billing details field the details to be included on the invoice issued by the Intermediary. These data will be indicated on the Intermediary's invoice. The Contracting Parties agree that the invoice shall be issued and paid in Hungarian forints and in euros, with the data specified in the Intermediary's fee request or invoice.
- The Parties expressly agree that the fee request and the invoice shall in any case be issued by the Intermediary exclusively in electronic form (e-invoice).
- The Intermediary currently allows the Partner to settle the Fee only by bank transfer.
- The Fee shall be paid by the Partner to the following bank accounts on the basis of the electronic fee request issued by the Intermediary:
for an account issued in HUF
Account holder bank: OTP Bank Nyrt.;
Bankszámlaszám: 11703006-20472768-00000000
IBAN: HU25 1170 3006 2047 2768 0000 0000
BIC(SWIFT)CODE: OTPVHUHB
for an account denominated in EUR
Account holder bank: OTP Bank Nyrt.
Számlaszám: 11763031-37578880-00000000
IBAN: HU37 1176 3031 3757 8880 0000 0000
BIC(SWIFT)CODE: OTPVHUHB
- The Intermediary reserves the right to introduce additional payment methods for the payment of the Fee to the Affiliates.
- In any case, before the subscription process is completed, the partner can go back to an earlier stage where they can correct the data already entered.
- The Contracting Parties agree that all bank charges and payments incurred in connection with the bank transfer shall be borne by the Partner.
- Terms and conditions applicable to contracts entered into through the Website
- The contract for goods/services ordered from the Service Provider through the Website, if the User is a consumer, is governed by the legislation applicable to consumer contracts.
- The Intermediary shall provide only the services set out in the legal relationship defined in these GTC, and shall not sell any other services or products to the User or the Advertiser. You are informed that, pursuant to Government Decree 45/2014 (26.2.2014) on the detailed rules of contracts between consumers and businesses, you may not exercise your right of withdrawal in the case of a contract for the provision of a service after the service has been fully performed, if the business has started the performance with your express prior consent and you have acknowledged that you will lose your right of withdrawal after the service has been fully performed.
- If the User, who is a consumer as defined above, has not received a confirmation of the order from the Intermediary by that date, he/she may exercise his/her right of withdrawal until 14 days after receipt of the confirmation.
- Users who qualify as consumers under the Consumer Protection Act are not obliged to give reasons for withdrawal.
- In the case of a written withdrawal, it shall be deemed to have been made in due time if the Consumer Protection Act shall send the declaration of the User who is a consumer within the meaning of Article 4(1) of the Directive in the form of a clear statement to the electronic mail address of the service provider before the expiry of the deadline. The Intermediary shall confirm the withdrawal sent electronically without delay after sending it, but within 2 working days at the latest.
- In the event of withdrawal Consumer Protection Act the User who is a consumer within the meaning of these GTC shall return the withdrawn product to the Intermediary at its registered office indicated in these GTC in its original, unopened (unsold) condition without undue delay, but no later than 14 (fourteen) days from the date of the communication of its withdrawal. The time limit shall be deemed to have been observed if the User returns the product before the expiry of the 14 (fourteen) day time limit. A Consumer Protection Act the User who is a consumer within the meaning of the Consumer Code shall bear the costs directly incurred in connection with the return of the product as a result of exercising the right of withdrawal, but shall not be charged any other costs.
- In the event of withdrawal exercised in accordance with the above provisions, the Intermediary shall be obliged to Consumer Protection Act the amount paid by the User who is a consumer within the meaning of this Article shall be refunded without delay, but no later than 14 (fourteen) days after the withdrawal. In the event of a sale of a Product, the Intermediary may withhold the refund of the Purchase Price until the User who is a consumer under the Civil Code has returned the Product or has proven beyond reasonable doubt that he has returned the Product to the Intermediary intact and unopened packaging, whichever is the earlier. The costs of returning the Product shall be borne by the User. For the refund, the Intermediary shall apply the payment method used for the original transaction, unless the Consumer Protection Act the User, who is a consumer within the meaning of the law, expressly agrees to use another payment method.
- The Intermediary may claim compensation for damages resulting from the improper use of the Product. A Consumer Protection Act can be held liable for depreciation of the product only if it is due to use beyond the use necessary to determine the nature, characteristics and functioning of the product.
- The User acknowledges that he/she may not exercise the right of withdrawal pursuant to Article 29(1) of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses in the case of non-prefabricated products which have been produced on the basis of the consumer's instructions or at the consumer's express request, or in the case of products which are clearly tailored to the consumer.
- Warranty and guarantee
- In all cases, the Intermediary acts as an intermediary service provider in the provision of the Services through the Website. In cases where the Intermediary acts as an intermediary service provider in relation to the services included in the Discounts, it shall not be liable for any warranty or guarantee obligations for the products and services sold by the Service Provider.
- With regard to the activities of the Mediator, the User is informed that in the event of a dispute between the Service Provider and the User regarding warranty, accessories and product warranty, the Mediator shall act solely as a mediator between the User and the Service Provider.
- By accepting these GTC, the Service Provider expressly warrants that it is solely responsible to the User for all warranty, accessory and product warranty issues in relation to the Discounts and the Contracts.
- Responsibility
- The User and/or Service Provider is solely responsible for the use of the Website. The Intermediary declares that the User and the Service Provider shall not be liable for any damages resulting from the conduct of the User or other users.
- The information contained on the Website is for information purposes only and the Intermediary shall not be liable for the completeness, accuracy or adequacy of the information.
- In order to ensure the safe operation/use of the Website, the Intermediary assumes that the User and the Service Provider are familiar with and accept the possibilities and limitations of the Internet, as well as technical knowledge of electronic commerce. The Intermediary shall not be liable for any lack of such knowledge.
- The Intermediary reserves the right to claim damages, fines, penalties, penalties or any other amount payable by the User and/or the Service Provider for any infringement of the Services, irrespective of the actual damage suffered by the infringer.
- In view of the Intermediary's capacity as a service provider, the Intermediary is under no obligation to intervene in any disputes between the User and the Service Provider. In the event of any such dispute, the User and the Service Provider shall indemnify the Intermediary against any claims, demands, damages and any other proceedings aimed at establishing the liability of the Intermediary. Subject to the provisions set out in this clause, both the User and the Service Provider shall be entitled to send a written complaint against the other party to the Intermediary.
- The provision of contractual services corresponding to the legal relationship between the Intermediary and the Service Provider shall be carried out independently of the Services provided for in these GTC, in accordance with the individual agreement between the User and the Service Provider. In view of the nature of the Services, the Intermediary excludes all liability in the event of disputes arising in the legal relationship between the User and the Service Provider.
- The Intermediary undertakes to provide the Services subject to the annual availability of the Website and 95%. For the purposes of determining the availability rate, planned maintenance of a maximum duration of 1 (one) working day shall not be considered as downtime, provided that the Intermediary has given the User and the Service Provider sufficient notice of the date and expected duration of such maintenance via the Website, at least 5 (five) working days prior to the maintenance.
- The Intermediary is entitled, but not obliged, to verify the legality of the content made available on the Website by the User and the Service Provider when using the Services. The User and the Service Provider shall in any case be solely responsible for the legality of such content.
- The Intermediary shall not be liable even in the event of any malfunction in the Internet network - due to the fault of IT or telecommunications (Internet) service providers - which prevents the unhindered operation of the Website or the provision of the Services.
- The Intermediary operates the Website partly as an intermediary service provider, in accordance with the provisions of the Elker. tv. In this context, the Intermediary does not assume any liability in connection with any solicitations, offers and contracts made on the online interface maintained by it and not originating from it, or in connection with the failure to conclude any contract, the damages resulting therefrom, as well as the failure or termination of the Services available on the Website. In addition, the Intermediary excludes any liability in respect of information provided by others and transmitted, stored or made available by means of an information society service provided by the Intermediary.
- The Intermediary shall consider as force majeure any unforeseeable external cause, event or circumstance which cannot be avoided with due care and diligence, if it makes it impossible for him to fulfil his obligations under this contract in whole or in part or if he is only able to fulfil them after a delay after such obstacle has been removed. Such events include, in particular, war, revolution, riots and other disturbances, floods, fires, earthquakes, serious epidemics (SARS-Cov-2), strikes, etc. If, as a result of force majeure, it is impossible to expect performance of the obligations arising from this contract in whole or in part, the obligations under this contract shall be suspended. Damages resulting from force majeure or other events beyond the Intermediary's control or unforeseeable, including but not limited to:
- from the use or malfunction of the Website,
- from altering the data by anyone,
- due to delays in the transmission of information,
- caused by viruses,
- software failure, hardware failure, Internet network failure, other technical failure,
- for damage caused by line or system failure.
- The Intermediary shall also not be liable for any omissions in the data provided when using the Services or registering, or for any consequences resulting from incorrect data. Likewise, the Intermediary excludes all liability in the event that the User uses the Services without reaching the age limit set out above.
- Use of the Website
- The Website may only be used within the limits of the legislation in force, without prejudice to the rights of third parties and the Intermediary, and in compliance with these GTC.
- The User and the Service Provider undertake to use the Website in the manner set out in the Intermediary's policies and in compliance with the law. The User and the Service Provider are obliged to read the explanations on the Website and to exercise due diligence in order to understand its operation.
- The User shall not be entitled to display the Intermediary as a business partner or to use its logo or image. The User is also obliged to avoid the appearance of a business partnership between the Intermediary and the User.
- The User and the Service Provider shall not engage in any conduct that could jeopardize the safe operation of the Website. The User and the Service Provider must not in any way create the impression that they are making an offer on behalf of the Intermediary or its partners.
- In the event that the User and/or the Service Provider operates a Website and wishes to draw attention to its Website in any form or to place there any advertisement (whether visual or written) concerning the Intermediary, it shall request the written consent of the Intermediary. In the absence of such consent, the Intermediary shall not be entitled to display any form of publication.
- The Intermediary may prohibit the User and/or the Service Provider from using the Website and may cancel his/her registration if the User and/or the Service Provider obstructs or endangers the proper functioning of the Website, in particular if the User and/or the Service Provider's activities:
- attempts to or performs unauthorised data retrieval, data transmission or intrusion into other computer systems using the service provided to you;
- unauthorised viewing, obtaining or attempting to obtain non-public or trade secret data or files stored on the computers or servers of the service provider or users or used in connection with the use of the electronic service;
- causes or attempts to cause unauthorised changes to files or data stored on the intermediary's server.
- The Intermediary is entitled to fully monitor the safe operation of the Website and to comply with and, where applicable, avoid the violations described in the points of this chapter.
- The Website is operated by the Intermediary, who is entitled to assign, transfer or sell the right to operate the Website.
- Copyright provisions
- Under these GTC, the intellectual works created and already existing by the Intermediary (in particular the Website or the Software or other intellectual works on which it is based and any combination thereof, whether or not the work is registered and whether or not the work is expressly protected by law) (hereinafter collectively referred to as "Intellectual Creations"), the Parties expressly agree as follows:
- The Intermediary represents and warrants that it owns all rights in and to the Intellectual Creations which are necessary for the lawful performance of its obligations under this Agreement, in particular any assignment and/or licensing of the Intellectual Creations, and that the creation of the Intellectual Creations and any assignment or licensing of the Intellectual Creations under this Agreement does not infringe the rights of any third party and that no third party has any rights which exclude or prevent the lawful use of the Intellectual Creations by the User and the Service Provider. The Intermediary further represents and warrants that it has the right and ability to perform the obligations undertaken in these GTC, in particular with respect to Intellectual Property.
- The Parties agree that the rights to the Intellectual Creations created by the Intermediary under these GTC are reserved by the Intermediary. The Parties agree that the Intermediary shall grant the User and the Service Provider a non-exclusive licence to use the Intellectual Works, in particular the copyright works, to the extent necessary for the contractual performance and the use of the Services within the scope specified in these GTC, covering the territory of Hungary, for the duration of the legal relationship under these GTC. The Parties stipulate that the licence under this paragraph shall include all rights without which the User and the Service Provider would not be entitled to use the Intellectual Creations created by the Intermediary for the purposes to be achieved by the Agreement.
- The Parties stipulate that in the event of termination of the registration of the User and/or the Service Provider for any reason, as well as in the event of termination of the legal relationship between the Intermediary and the User, and between the Intermediary and the Service Provider for any reason, the license shall automatically terminate without any further legal action.
- The downloading (reproduction), retransmission, other use, electronic storage, processing and sale of the Intellectual Property Content or any part thereof without the prior written consent of the Intermediary is prohibited.
- The transfer of any content from the Website and its database is only possible with the prior written consent of the Intermediary and only with a link to the Website.
- The Intermediary reserves all rights to all elements of the Website, the Services and the Intellectual Creations, their domain names, the secondary domain names based on them and their Internet advertising space.
- It is prohibited to adapt or decompile the content of the Website or parts thereof; to create user IDs and passwords in an unfair manner; to use any application that allows the Website or any part thereof to be modified or indexed.
- The User and the Service Provider acknowledge that in the event of use without prior written permission from the Intermediary, the User and the Service Provider shall be liable to pay a penalty. The amount of the penalty is HUF 60,000.00 gross per image and HUF 20,000.00 gross per word. The User and the Service Provider, by accepting these GTC, expressly declare that they consider the amount of the penalty set by the Intermediary to be proportionate and that they will use the Services accordingly.
- In the event of any copyright infringement covered by these GTC, the Mediator shall obtain a notarial certificate of fact, the cost of which shall be borne by the Mediator in each case by the User and/or the Service Provider committing the infringement.
- Termination of the contractual relationship
- The Intermediary reserves the right to cancel the registration of the User or Service Provider in the event of a breach by the User or Service Provider of the provisions of these GTC, the Privacy Policy and other policies of the Intermediary.
- The Intermediary may terminate the Contract with immediate effect and may cancel or suspend the registration of the User or the Service Provider, in particular, but not exclusively, in the following cases:
- if the User/Service Provider's conduct gives good cause for this;
- if the User/Service Provider violates the provisions of these GTC, uses the Website or the Services in a manner not in accordance with their intended purpose;
- if the User/Service Provider violates the provisions of the applicable legislation;
- if the User/Service Provider cancels his/her registration;
- the Intermediary ceases to provide the Services and/or the Website.
- Contact, Complaints handling
- The User and the Service Provider shall be entitled to communicate with the Intermediary at the official e-mail address specified in these GTC, and the User shall be entitled to communicate with the Service Provider at the e-mail address provided by the User when using the Services or registering.
- The User and the Service Provider may communicate their objections, complaints and comments in writing to the Intermediary by e-mail, which the Intermediary shall investigate and respond to within 8 working days and send the result of the investigation/response to the User and the Service Provider to the e-mail address provided by the User when using the Services or registering.
- The response to the complaint/grievance must include the substantive response to the User's and the Service Provider's complaint, indicating the possible places, methods and time limits for the other means of redress listed in the following section.
- In the event that any consumer dispute between the Intermediary and the User is not resolved in the course of negotiations with the Intermediary, the following enforcement options are available to the User:
- Complain to the consumer authorities,
- Initiation of conciliation panel proceedings;
- Initiate legal proceedings.
- Data management basics
- The User and the Service Provider are obliged to provide accurate personal data during the use of the Service and registration.
- The processing of the User's and the Service Provider's personal data is governed by the Intermediary's Privacy Policy, which is directly accessible by clicking on the link https://airthecash.com/adatvedelmi-iranyelvek/ at the bottom of the Website.
- The User and the Service Provider acknowledge and agree that the data provided by the User may be recorded by the Intermediary and stored by the Intermediary after the use of the service provided on the Website until the expiry of the statute of limitations of the service or until the invoice issued for the service is kept in the accounts. The Intermediary is not entitled to grant third parties any access to the data provided by the User and the Service Provider, and the data are only recorded for the purpose of retrieving the service in the event of any complaints.
- The User and the Service Provider do not acquire any right to the property rights of the Intermediary or of a third party to the rightful owner, or to any rights not specified in these GTC without the express permission of the owner.
- Final provisions
- These GTC shall be effective upon approval by the Intermediary, upon publication by the Intermediary (from the date of posting on the Website) and shall be valid for an indefinite period (until revoked or until the publication of a later amended GTC). The User and the Service Provider expressly agree that the Intermediary shall be entitled to unilaterally amend the GTC at any time, provided that the Intermediary shall publish the amendment on the Website and make it available to the User and the Service Provider no later than the date on which it enters into force.
- The invalidity of certain provisions of these GTC shall not affect the validity of the other provisions of the contractual terms and conditions. The Parties shall replace the invalid provision by a provision that best serves the purpose of the original provision.
Effective date of these General Terms and Conditions: 07 October 2022