General
Terms and Conditions for Users
This GTC (“GTC”) shall apply to the use of the App&Tank mobile phone
application developed and operated by MULTICORE
Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered
by the Budapest-Capital Regional Court as Court of Registration; registered
seat: H-H-1052 Budapest, Deák Ferenc tér
3. MEYER LEVINSON emelet; company registration number: 01-09-706665;
VAT ID: 12854088-2-41, statistical code: 12854088-4614-113-01, e-mail address:
info@multicore.hu,) (“Service Provider”) and installed on Android or iOS
devices as well as the legal relationship of the User and the Service Provider.
This GTC regulates the rights and obligations available to the User and the
Service Provider during the use of the Service, therefore we kindly ask you to
read this GTC carefully before registration and only register and use the
Application if you agree with the provisions of the GTC. The condition of
registration and use of the Application is that the User accepts the provisions
of this GTC as binding.
1.
Definitions
The terms defined in this GTC shall have the
following meanings: Unless otherwise provided for by the Individual Agreement,
the following definitions shall govern the Individual Agreement.
1.1.
Application: the App&Tank application developed and operated by the
Service Provider, which can be installed on devices running an Android or iOS
operating system, according to the applicable prevailing technical and
functional status. A precise description of the functions and use of the
Application is contained in the prevailing User Guide of the Application. By
concluding the Individual Agreement, the User confirms that he has read the
User Guide, understood and accepted its contents, and undertakes to use the
Application only in the manner and for the purpose specified in the User Guide.
“App&Tank” is a trademark of the Service Provider. The User acknowledges
that he may use the Application only if he read the User Guide in advance.
1.2.
Identification e-mail address and Password: Identifiers provided by the
User via the CWI or the Application, which can be used to use the Application
and its functions. The Password can be changed in the Application. The User may
request a new password instead of the forgotten one by entering his e-mail
address.
1.3.
Group: a user group created by the User in the Application, whose
members have user rights defined by the Group administrator.
1.4.
Individual Agreement: The Agreement concluded by and between the User
and the Service Provider for the use of the Service as well as the Application.
The Individual Agreement enters into force and effect when the User's
registration is confirmed by the Service Provider.
1.5.
User: The person who concludes an Agreement for the use of the Service
with the Service Provider through the Application or CWI. The Service may only
be accessed by a User who is an individual or entity with full capacity to act.
By concluding an Individual Agreement and by using the Service, including but
not limited to registration, the User confirms that he is a natural person of
full capacity to act and legal capacity, or an entity represented by its authorised representative, providing true and fair
information, a natural person of legal age, or who has accepted the provisions
of the GTC as binding. The User acknowledges that he may use the Application
legitimately at his sole risk and responsibility and in compliance with the
provisions of this GTC and the applicable provisions of law.
1.6.
User Guide: a detailed description of the prevailing features of the
Application as well as the use and terms of use of the Application.
1.8.
Intermediated Agreement: a sales agreement or any other agreement for
the sale of a product or the provision of a service concluded by and between
the User as a buyer and a third party operating a filling station as a
seller/service provider, under which the User uses the Application and the
Service to access the Core Service and pay the consideration. The User
acknowledges that the Service Provider is not a contracting party to the
Intermediated Agreement, the Service Provider is not responsible either for the
quality or quantity of the product or service under the Intermediated
Agreement, or for the procedure of a third party acting as a seller/service
provider.
1.9.
Fuel card: a card issued by a fuel distributor that can be used
exclusively for the purchase of fuel, and if the card is used, the issuer of
the card and the User or the creator of the user group account for the purchase
price separately.
1.10.
Service: the set of functions available in the Application for refueling
payments under the Application. The Service Provider shall be entitled to
unilaterally amend, expand or reduce the Services accessible in the
Application, its content and functions, and to introduce new content and
functions. The Service Provider informs the Users about the new Service
accessible in the Application, the availability, expansion and reduction of
functions and content among others on its Website. The Service Provider shall
be entitled to intermediate services and to use independent contractors or
subcontractors in the provision of the Service.
1.11.
CWI: (Customer Web Interface):
1.12.
Force Majeure: a circumstance or reason that none of the Parties is
responsible for, which is beyond the control of both Parties, which could not
have been foreseen by either Party upon entering into the Individual Agreement
and which the particular Party cannot avoid or prevent. Force Majeure shall include,
but is not limited to:
-
Natural disaster, such as (in particular) fire, earthquake, flood,
windstorm, lightning;
-
War, revolution, sabotage, riot;
-
Import and export prohibitions, boycotts, embargoes introduced after the
conclusion of the Agreement
-
Prohibitions and restrictions specified by law;
-
Delay or refusal of permits or official measures outside the competence
of the Service Provider;
-
Strike;
-
Outage or interruption of utility, telecommunications and communication
services
-
Malicious attack against the Service Provider's computer systems;
-
Epidemics, health restrictions
2.
General Provisions
2.1.
The GTC shall be deemed to be the general terms and conditions referred
to in Section 6:77 of Act V of 2013 (“Civil Code of Hungary”) and shall
constitute an integral part of the Individual Agreement concluded by and
between the User and the Service Provider (collectively hereinafter referred to
as: “Parties”, separately referred to as: “Party”) regarding the
use of the Application. By downloading the Application to a mobile device, or
by opening or using the Application in any manner, the User indicates and
confirms and declares that he has read and understood the prevailing GTC and
the User Guide, has accepted them and has consented to their application in the
legal relationship(s) between the Parties.
2.2.
The provision of the Service under the Application is subject to the
acceptance of the provisions of the GTC and its annexes, including, in
particular, the Privacy Policy by the User. By accepting the GTC, the User
agrees that certain personal data relating to him referred to therein and in
the Privacy Policy annexed thereto may be processed by the Service Provider in
accordance with the provisions of law.
2.3.
By entering into the Individual Agreement, the User expressly
acknowledges and agrees that the Service Provider may record the personal data
provided by the User, the user data collected during the use of the Website or
the Application (such as the list of visited websites, technical data,
information on the use of the Website and the Application by the User, and any
user information obtained from third parties) and use them in the manner and
for the purposes specified in the Service Provider's Privacy Policy, which is
available on the Website.
2.4.
By entering into the Individual Agreement, the User expressly
acknowledges and agrees that the Service Provider may record non-personal data
(such as the quantity and type of fuel purchased, frequency of purchases, the
location of the filling station used for the purchase, the number of visits to
each filling station) relating to the use of the Application by the User or
derived from the same, and may use such data for business, statistical and
Service improvement purposes, and disclose such data to third parties.
2.5.
The use of the Service and the Application is free of charge for the
User, however, the User's subscription and use of the telephone or Internet
connection used by the User in this context may result in costs for the User,
which shall be borne by the User and may not be passed on to the Service
Provider.
2.6.
Interpretation of the General Terms and Conditions
2.6.1. With regard to references to the provisions
of the GTC, the subject matter of the provision indicated in the GTC takes
precedence over the reference to it (number).
2.6.2. The chapters and headlines included in the
GTC are purely informative, they have no effect on the interpretation of the
GTC or the Individual Agreement.
2.6.3. If this GTC is concluded in a language other
than Hungarian, the Hungarian version shall prevail in case of a discrepancy
between the different language versions.
2.7.
Statements
2.7.1. All declarations, notifications, information,
communications, notices or reporting obligations in relation to this GTC or the
Service shall be made in the Application, or, in the absence of such option and
in case of failure of the Application or the device used to access it, by e-mail
(in case of a declaration addressed to the Service Provider, using the e-mail
address indicated in the header of the GTC). The User undertakes to ensure the
validity, functioning and exclusive access to the e-mail address and all other
contact details provided by the User at all times upon conclusion of the
Agreement and during the use of the Service. Notifications sent by e-mail
pursuant to the provisions of this item shall be deemed to have been delivered
on the business day following the day of dispatch, provided that they were sent
by the User to the e-mail address of the Service Provider indicated in the
header of the GTC and by the Service Provider to the e-mail address provided by
the User. The Parties represent that they consider their e-mail delivery
system(s) to be appropriate and secure and undertake to notify each other of
any errors or threats that may occur during their operation. By accepting the
GTC, the User acknowledges that the Service Provider will send notifications by
e-mail without a signature and any identification replacing it, and accepts the
aforementioned rules for the delivery of notifications by e-mail. With regard
to notifications sent by e-mail in accordance with the provisions of the GTC,
the Parties may not claim before courts or authorities that the requirements
for written documents have not been fulfilled.
2.8.
Amendment and termination of the GTC
2.8.2. The Service Provider shall be entitled to
deviate from the deadlines specified in item
2.8.1 above if the amendment is made on the basis
of a binding legal act, and the time elapsed between its publication and entry
into force does not allow the deadline specified in the mentioned item to be
met, or if the amendment only entails an extension of the User's rights or a
limitation of or exemption from the obligations binding on the User.
2.8.3. The Service Provider shall be entitled to
make unilateral amendments, in particular in case of changes in the legal
framework, in order to introduce new services or to ensure the quality of
existing Services, to ensure the quality of the database or to take measures to
improve the basic conditions for the content of the information provided
through the Application, or if justified by a material change in economic,
technical or other circumstances. If the User no longer intends to use the
Service under the amended GTC, he is entitled to terminate his legal
relationship in accordance with the provisions of the GTC.
2.8.4. The User acknowledges and accepts the
amendment of the GTC by using or ordering the Application or the Service. The
User may also accept the amended GTC by clicking on it if such option is
available on the Website. The preliminary notice on the amendment of the GTC
also specifies how the User can accept the changes. Amendments to the GTC shall
apply to the Individual Agreement in force and effect at the time of the entry
into force of the amendments, as well as to any Individual Agreements entered
into after the entry into force of the amendment.
2.8.5. The User shall have the right to terminate
the Individual Agreement by referring to the amendment of the GTC, or by
unilateral termination without giving a reason under item 9.2 and, in the case of a User who is considered
as a consumer, under item 9.2. The termination does not affect the
purchase transaction started using the Application already in progress. The
User who is considered as a consumer is also entitled to terminate the
Individual Agreement by unilaterally withdrawing from the Agreement under item 9.2.
2.8.6. The Service Provider shall be entitled to
terminate the provision of the Service and to terminate the Individual
Agreement. In the event of termination of the Service, the Service Provider
terminates the Individual Agreement.
2.9.
The Service Provider shall undertake to notify the User of any
anticipated outage of the Service and its expected duration in due time and in
advance.
3.
Conclusion of an Individual Agreement
3.1.
The Individual Agreement enters into force and effect when the User's
successful registration is confirmed by the Service Provider. The Individual
Agreement enters into force and effect for an indefinite period of time when
the registration is confirmed by the Service Provider.
3.2.
Registration
3.2.1. The User may only access the Application and
use the Service after registration.
3.2.2. There are several options for the User to
register in the Application:
a) by clicking the “Register” button on the CWI
and entering his e-mail address, first name, surname and a password;
b) through the Application, by clicking the “Register”
button and entering his e-mail address, first name, surname and a password;
3.2.3. The User may complete the registration after
downloading and installing the Application on his mobile device. If the
operation of the Application on a mobile device requires the downloading and
installation of other programs and applications other than the Application, the
User shall be responsible to download and install them.
3.2.4. In the course of registration, the User shall
provide true and correct data in accordance with his valid identity card and
address card or company register data and shall notify the Service Provider of
any changes to such data without undue delay, but no later than within 5
calendar days by amending the data recorded. The Service Provider excludes its
liability for any damage arising out of the provision of incorrect, inaccurate
or false data or e-mail address during registration and reserves the right to
claim compensation from the User for any damage arising out of the inaccuracy
of the data provided.
3.2.5. Registration is successful if the User clicks
on the “Create Account” button to create a User account.
3.2.6. The User has to confirm the registration by
clicking the link sent to the e-mail address he provided. The User may use the
Application after confirming the registration by a code. The purpose of
confirmation is to verify the authenticity of the e-mail address.
3.2.7. The User is obliged to accept the GTC by an
express declaration during registration. The Individual Agreement will not be
concluded in the absence of the express acceptance of the GTC.
3.2.8. The User shall have the opportunity to check
and modify his data any time. The Service Provider shall be entitled to delete
obviously incorrect or false data and, in case of any doubt, shall be entitled
to verify the authenticity of the User.
3.2.9. The Service Provider reserves the right to
refuse or cancel the registration of the User, the initiation of the conclusion
of an Individual Agreement, if the User has provided false or incomplete data
or has provided the data without authorisation, or in
case of any suspected misuse of the data provided during registration. If the
Service Provider becomes aware that the User has provided personal data of
another person or a non-existent person during the use of the Application or
registration, or has provided false, untrue or incomplete data, violating the
provisions of the GTC, the rights of a third party or otherwise violating the
provisions of law, the Service Provider shall be entitled to terminate the
Agreement concluded with the User with immediate effect, to delete the User's
registration and user account, and to refuse to re-register such persons. The
Service Provider shall not be obliged to provide reasons for refusal or
cancellation.
3.2.10. In addition to the aforementioned cases, the
Service Provider shall also be entitled to refuse or cancel the User's
registration or the initiation of the conclusion of an Individual Agreement
without giving any reason.
3.2.11. The User shall be solely responsible for the
username and password associated with his registration, as well as for all
activities performed using such data. The User undertakes to notify the Service
Provider's customer service center without undue delay in case of any unauthorised use of his data or any other breach of
security. The Service Provider shall not be held responsible for any damage
arising out of the storage of the password or the transfer of the username and
password to third parties.
3.2.12. The registration is subject to the User's
prior acknowledgement of the contents of this GTC, including the Privacy
Policy, which constitutes part of the GTC, and the User's express acceptance of
the same as binding.
3.2.13. By the registration, the User consents to the
processing of his personal data provided during the registration by the Service
Provider for the purposes and to the extent provided for in this GTC and the
Privacy Policy that constitutes part of the GTC.
4.
Using the Application
4.1.
Currently the following services are available in the Application.
4.1.1. The User may use the filling station search
and refueling functions of the Application, as well as other supplementary
functions as described in the User Guide.
4.2.
Filling station search
4.2.1. The User may use the find a filling station
function to view and search for the filling stations stored in the Application
using a Google MapsTM based map and his
current location, and click on the stations to view their basic data displayed
in a bubble.
4.2.2. The User acknowledges that the filling
station data available in the Application is always provided by the operator of
the filling station. The Service Provider is not responsible for the content,
veracity, completeness, accuracy and up-to-date nature of such data.
4.2.3. The User acknowledges that the find a filling
station function of the Application will only indicate the filling stations,
whose operator accepts the Application and its payment function at the time of
the search.
4.2.4. The Service Provider excludes all liability
for the fact that the Application can be used, accepted and validated upon
payment at the filling stations not indicated as participating locations in the
Application. The User acknowledges that there is no legal relationship between
the Service Provider and the filling stations or its operators not indicated as
participating locations in the Application, and the Service Provider shall not
be liable for the use of the Application at such filling stations.
4.3.
Refueling process
4.3.1. The refueling process can be started by
selecting the “Refueling” tab at the bottom of the Application screen. The
process can be interrupted with the “Cancel” button at the bottom of the screen,
in which case the Application marks the refueling as “unsuccessful” and returns
to the main menu. The steps of the refueling process are as follows.
4.3.2. Selecting a refueling point: the User can
identify the refueling point by scanning the QR code associated with the refueling
point. If the scanned QR code identifies the refueling point as existing and
active, the User may proceed to the next step in the process. If the
Application identifies the refueling point as non-existent or inactive based on
the scanned QR code, it will display a warning message, which if closed will be
followed by the QR code reader again.
4.3.3. Select a payment method: the User may have
several payment options.
4.3.3.1. Fuel card: this payment method is only
offered by the Application if the User is a member of a Group that concluded
and has an active “Fuel Card” agreement with the Merchant, who operates the
selected filling station and the monthly limit of the fuel card has not been
reached.
4.3.3.2. Payment by card.
4.3.4. Vehicle selection: the User can choose which
vehicle he intends to refuel.
4.3.4.1. In the case of payment with your own card,
the Application lists the vehicles assigned to your own card.
4.3.4.2. In case of payment by bank card, the
Application lists the vehicles previously specified by the User.
4.3.4.3. A vehicle shall be selected by tapping on it
to proceed, and a green tick will appear in front of the particular vehicle. If
a default vehicle is specified, it is automatically selected, if there is none,
the default setting is: “I do not specify a car”.
4.3.4.4. The User can refuel both vehicles, which are
on the list or not.
4.3.4.5. If the vehicle datasheet or the Fuel Card
settings in the Application require the User to enter the vehicle's mileage
before refueling, the User shall enter the current mileage in the Application.
If the entered current mileage lower is equal to the last entered mileage, the
Application will display a warning message. If the entered current mileage is
higher than the last entered mileage, the Application will proceed to the next
step of the refueling process.
4.3.5. Setting up an invoicing address: the User may
specify an invoicing address he requests the refueling invoice to be issued to.
If the User has chosen the “Fuel Card” payment method, this step is omitted.
4.3.5.1. In case payment is not made by a fuel card,
the Application also lists previously entered addresses.
4.3.5.2. An address shall be selected by tapping on it
to proceed, and a green tick will appear in front of the particular address. If
a default address is specified, it is automatically selected, if there is none,
the default setting is: “None”.
4.3.5.3. If the User asks for an invoice to be issued
to an address not included on the list, a new item can be added to the list by
clicking the “New address” button, which opens the relevant menu.
4.3.5.4. If the User selected the intended address, he
may proceed to the next step of the process.
4.3.5.5. If the User does not request an invoice to be
issued, he can proceed to the next step of the process by clicking the arrow.
4.3.6. Fuel selection: the User shall specify which
type of fuel he intends to refuel. If the User selected the “Fuel card” payment
method, only active fuel types, which belong to the particular
card, will be displayed, while all available active fuel types of the refueling
point will be displayed under other payment methods.
4.3.6.1. The page displays options in boxes, which can
be further narrowed down to the followings:
-
if no vehicle is selected or no type of fuel that can be refueled for
the selected vehicle is specified in advance, all types of fuel available at
the given column of the filling station can be selected;
-
if there is a selected vehicle and the types of fuel that can be used
for it are specified in advance, only their list is displayed.
4.3.6.2. If the User selected the intended item, he
may proceed to the next step of the process.
4.3.7. Refueling limit: the User shall indicate in
advance in this step how much fuel he intends to refuel.
4.3.7.1. The User may choose among the following
options here:
-
the page displays various buttons indicating pre-defined amounts
allowing the User to select the preferred amount;
-
if the User does not intend to select any of the pre-defined limits, he
can enter the preferred volume in the input field.
4.3.7.2. In case of payment by fuel card, the
Application allows the User to refuel until the monthly limit is reached.
4.3.7.3. If the User selected the intended item, he
may proceed to the next step of the process.
4.3.8. Payment by bank card: the User has the option
to choose a bank card payment option.
4.3.8.1. If the User chooses to pay by bank card, the
Application will be redirected to the interface of the payment service provider
contracted with the Service Provider, where the User can pay the consideration
according to the rules and in the manner applicable to the payment service. The
provisions on payment by bank card are detailed in item 4.7.
4.3.9. Refueling: the User can start refueling by
picking up the fuel gun.
4.3.9.1. The User can only refuel using the previously
selected fuel.
4.3.9.2. The User shall start refueling within the
specified timeframe. If the User does not start refueling within the specified
timeframe, the Application marks the transaction as “Unsuccessful” and returns
to the home page.
4.3.9.3. Refueling is completed when the pre-defined
limit is reached or when the fuel gun is returned to the column, when refueling
is interrupted, when a time limit expires or in case of a technical issue.
4.3.9.4. When refueling is completed, the User is
obliged to immediately return the fuel gun to the column.
4.3.9.5. After refueling has been completed, the
Application will contact the payment service provider platform contracted with
the Service Provider, release the amount booked, debit the value of the actual
fuel filled and confirm the transaction.
4.3.9.6. If refueling is successful, a pop-up window
will appear in the Application with the
following data:
-
reference to a successful transaction;
The User may return to the main menu by
pressing the “OK” button at the bottom of the window.
4.3.9.7. Upon successful completion of the refueling,
the Application will send the following messages to the User in addition to
displaying the aforementioned pop-up window:
-
In case of payment by the User’s own card, the User receives an e-mail
with the transaction details;
-
In case of payment by bank card, if the User did not request an invoice,
he will receive an e-mail with the details of the transaction, which shall also
serve as a receipt;
-
In case of payment by bank card, if the User requested an invoice, he
will receive an e-mail with the details of the transaction and an invoice
attachment in PDF format;
4.4.
Transaction history
4.4.1. The User may access data related to previous
successful transactions in this menu. The data can be found in a table, which
contains the following data.
-
transaction ID;
-
date and time of refueling;
-
filling station data: name, address;
-
filling station identification code;
-
fuel type filled;
-
amount of fuel filled,
-
unit price;
-
amount paid;
4.4.2. The User acknowledges and accepts that the
Service Provider shall be entitled to change the overview of the history of
transactions available in the Application, the scope of the data available
there and the length of the period of time available for reviewing at its own
discretion. The User acknowledges that it is advisable to make its own backup
copy of the transaction history and the Service Provider shall not be liable
for any consequences arising out of his failure to do so.
4.5.
Vehicle management
4.5.1. The User may use this menu to review and
amend the data of previously recorded vehicles under his User ID, modify the
range of vehicles, access the data of previous successful transactions.
4.5.2. If the User deletes a previously recorded
vehicle from the list, this vehicle will no longer appear in any list, except
for the “Transaction history”, where transactions concerning the vehicle can
still be found.
4.6.
Management of billing addresses
4.6.1. The User may use this menu to review and
amend its billing address data previously recorded under his User ID, modify
the range of the vehicles, and access the data of previous successful
transactions.
4.6.2. If the User deletes a previously recorded
billing address from the list, this address will no longer appear in any list.
4.7.1. The User has the option to choose a bank card
payment option in the Application. In such cases, the User will be redirected
by the Application to the payment page of the payment service provider
contracted with the Service Provider, where the User will have the option to
pay.
4.7.2. If it is required by the third party bank
managing the User's bank account, the use of the bank card may be subject to a
so-called two-factor (two-step) identification.
4.7.3. In the case of payment by bank card, the
Service Provider shall be entitled and obliged to accept the payment of the fee
for the Intermediated Agreement by the User on the basis of
a separate agreement concluded between the Merchant and the Servicer Provider.
Performance shall be accepted by the User by paying the total amount of the
Order through a payment service provider contracted with the Service Provider, which
shall be credited to the Merchant's virtual bank account registered at the third party payment service provider. The Service Provider collects the consideration paid by
the User in respect of the sale of the Merchant's products and services on
behalf and for the benefit of the Merchant. The Parties note that the
Service Provider shall not be liable to the User for any settlement or other
action of the third party payment service provider.
4.7.4. The Service Provider does not record or store
any data related to the User's bank card. According to privacy requirements,
the Service Provider does not have access to card data, which can only be
processed by payment service providers.
4.7.5. The payment made by a bank card is made
completely independent of the Application through an electronic system operated
by the following third party payment service provider contracted by the Service
Provider:
Through the Viva.com Smart Checkout system operated by
Viva Payment Services Single Member S.A. Hungarian Branch Office
seat: 1037 Budapest, Seregély utca 3-5.
Company registration number: 01 17 001314
Tax number: 27919750-2-41
4.7.6. The Application redirects the User to the
payment page of the third party payment service provider, where the User can
perform his payment obligations under the Intermediated Agreement. The User may
not close the payment interface (browser window) of the third-party payment
service provider until the online payment process is completed. The Service
Provider shall receive only the information related to the Intermediated
Agreement, and the third party payment service provider shall receive only the
card details necessary for the payment transaction from the User. The Service
Provider shall not be informed of the content of the data flow through the
payment interface of the third party payment service provider, which is only
accessible to the third party payment service provider.
4.7.7. The Service Provider shall clearly indicate
if the bank card payment is unsuccessful in the Application. In such cases the
User will be redirected to the payment page, where the transaction can be
restarted by selecting another payment method or by providing the required
payment details. If the User fails to return to the Application page from the
payment interface of the third-party payment service provider, the transaction
will be considered unsuccessful. The transaction shall also be considered unsuccessful
if the User clicks on the “Back” or “Refresh” button in the browser on the
payment interface of the third party payment service provider.
4.7.8. The payment by bank card shall be governed by
the business rules of the third party payment service provider, the card
company concerned and the financial institution that issued the card and
credited the amount.
4.7.9. The Service Provider shall be entitled to
suspend the use of the third-party payment service provider's payment platform
at any time or to start using another third-party payment service provider's
payment platform at its own discretion.
4.8.
Recording of bank card data
4.8.1. The User shall have the option to store his
bank card data on the payment interface provided by the third-party payment
service provider. In such cases, the User shall no longer be required to
provide the data requested under this GTC again for the next payment by bank
card, or, depending on the payment interface of the third party payment service
provider, only the CVC code of the bank card shall be provided, or the
two-factor (two-step) authentication shall be performed. All data is saved as a
so-called "token" (irreversible code), and only the token will be
used and transmitted during subsequent orders. Bank card data is stored by
payment service providers.
4.9.
Payment by fuel card
4.9.1. If the User is a member of a Group, which the
Merchant has assigned a fuel card to, the User has the option to select a fuel
card payment method in the Application according to the rules applicable to the
Group. The User acknowledges and accepts that in the case of fuel card
purchases, additional restrictions (e.g. geographical area restrictions,
definition of the filling station or filling station network to be selected,
type of fuel, definition of the vehicle that can be refueled, maximum amount
that can be used in a given period, maximum amount of fuel that can be
purchased in a given period) may apply to fuel card purchases, subject to Group
Rules and the sole discretion of the Administrator.
4.9.2. When the User makes a payment by a fuel card,
the User shall provide the details provided by the third party that issued the
fuel card and/or by the Group Administrator, if necessary.
4.9.3. Where a fuel card is assigned to a Group, the
purchase transaction is concluded by and between the Merchant operating the
filling station and the fuel card issuer or the holder of the fuel card subject to the fuel card issuer's own general
terms and conditions.
4.9.4. The User shall expressly waive any right to
enforce any claim or compensation claim against the Service Provider in
connection with the use or unauthorized use of the fuel card or such card,
otherwise with the service provided by the card issuer, or the malfunction,
error or unavailability of the card system, including the case if the
aforementioned circumstances arise during or in connection with the use of the
Application. The User acknowledges that he can enforce all his claims related
to the above directly against such third-party card issuers.
4.10.
Register a fuel card
4.10.1. If the User has Group Administrator rights in
the Application, he has the option to create a Group, add members, vehicles and
invoice recipients to it, and to initiate the assignment of a fuel card to the
Group by the third party service provider that issues the fuel card.
4.10.2. In such cases, the active Users of the Group
will be entitled to use the Fuel Card as members, as defined by the third party
that issued the fuel card and/or the Group Administrator.
4.11.
Additional provisions related to the payment application of a
third-party payment service provider
4.11.1. If the User selects a bank card payment
option when using the refueling function in the Application, the Application
will forward the purchase transaction to the payment interface of the third
party payment service provider (an application that integrates digital devices
and mobile payment solutions) contracted with the Service Provider. In such
cases, the payment process shall be governed by the contractual, data
processing and other provisions specified by the third party payment service
provider for such payment interfaces.
4.11.2. The User acknowledges and does not object
that, when using the bank card payment method, the Application will transmit
the purchase data (in particular the names of the User and the Merchant, the
currency, amount and date of the purchase) to a third party payment service
provider contracted by the Service Provider for the purpose of processing the
payment.
4.11.3. The User shall expressly waive any right to
enforce any claim or compensation claim against the Service Provider in
connection with the use or unauthorized use of the third party payment service
provider's payment application, or such application, or otherwise with the
service provided by the third party payment service provider, or the
malfunction, error or unavailability of its payment application, including the
case if the aforementioned circumstances arise during or in connection with the
use of the Application. The User acknowledges that he can enforce all his
claims related to the above directly against such third-party payment service
providers.
4.12.
Other provisions regarding the functions available on the Website
4.12.1. A web interface related to the Application is
available on the Website. On the web interface, the User can query and manage
his own data.
4.12.2. It is not possible to use the refueling
function on the web interface.
4.12.3. In addition to the data generally processed
in the Application, the following data may also be processed on the web
interface.
4.12.3.1.
Manage groups
4.12.3.1.1.
The User may use this menu to view the groups in which he has an active
status and to create additional Groups.
4.12.3.1.2.
If the User holds administrator rights in relation to the Group, the
User is also entitled to perform the following functions in respect of the
Group:
-
modify the Group's data;
-
grant group administrator rights to certain Users;
-
invite new members to the Group, delete existing members from the Group;
-
add new vehicles to the Group, delete existing vehicles from the Group;
-
add new billing addresses (Invoice Recipients) to the Group, delete
existing billing addresses from the Group;
4.12.3.2.
Manage fuel cards: a User with Group Administrator rights can also perform
the following functions in respect of own cards:
-
Access and review fuel card data;
4.12.3.3.
Process the data of Users added to the Group: the User with Group
administrator rights can also perform the following functions:
-
Access and review user data;
-
Invite new Users and add them to the Group
4.12.3.4.
Manage the data of vehicles, which belong to the group: a User with
Group administrator rights can also perform the following functions:
-
Add new vehicles to the Group; in such cases, a User with Group
administrator rights may assign a vehicle among the vehicles that belong to the
Group to his own card.
4.13.
Other provisions regarding the use of the Application
4.13.2. The User shall not be entitled to transfer
the use of the Application, the required IDs, passwords, PIN codes or mobile
devices to any unauthorized persons.
4.13.3. The User acknowledges that he shall be
responsible for the accuracy, completeness and up-to-date nature of the data
provided by him during the use of the Application. The Parties expressly
exclude the liability of the Service Provider for any legal consequences,
damage, costs, fines arising out of the fact that the User records false data
in the Application or discloses such data to the Service Provider or any other
third party. If the Merchant, the operator of the filling station, or any
authority or third party makes any claim for compensation, costs or other
claims against the Service Provider related to the inaccuracy, incompleteness
or outdated nature of the data provided by the User, the Service Provider shall
be entitled to pass such claim directly on to the User and the User shall be
obliged to directly respond to such claims and indemnify the Service Provider
against such claims.
4.13.4. The User shall be fully liable to the Service
Provider for any and all legal consequences, including the direct and indirect
damage, costs and fines incurred by the Service Provider, arising out of the
fact that the User records untrue data in the Application, discloses such data
to others, or fails to use the Application as intended or as permitted by law,
or allows or permits the use of the Application, the required IDs, passwords,
PIN codes or mobile devices to unauthorized persons.
4.13.5. The Parties stipulate that the Service
Provider is not a party to the fuel purchase transaction. Therefore, the
Parties exclude any warranty liability of the Service Provider in relation to
the fuel purchase transaction and the performance of the Merchant or the
operator of the filling station.
4.13.7. The Parties shall exclude the liability, warranty,
indemnity and compensation obligations of the Service Provider for any and all
legal consequences, damage, costs, fines, which may arise due to or in
conjunction with the actions, disclosure of data or failure to disclose data by
a Group member or Administrator.
4.13.8. The Parties shall exclude the liability,
warranty, indemnity and compensation obligations of the Service Provider for
the quality of fuel available or purchased at the filling station, any
qualitative or quantitative errors, shortages or discrepancies.
4.13.9. The Service Provider shall not be responsible
for the actions, disclosure of data or failure to disclose data by a Group
member or Administrator, any and all legal consequences, or any potential
claims, damage and costs, which may be incurred in respect thereof.
4.13.10.
The Parties stipulate that the Service Provider shall provide
information on the fuels available at the filling station and their sales
prices directly in the Application, either provided by the operator of the
filling station or by the Merchant that sells the fuel. Therefore, the Parties
exclude the liability, warranty, indemnification and compensation obligations
of the Service Provider for the content, accuracy and up-to-date nature, errors
or deficiencies of the information and sales prices provided by the operator of
the filling station and the merchant of the fuel on the type of fuels available.
4.13.11.
The operator of the filling station or the Merchant that sells the fuel
shall not be considered a subcontractor, agent, representative or performance
contributor of the Service Provider. The Service Provider is not a party to any
agreement concluded for the sale of fuel or other products or other sales or
services provided by the operator of the filling station and such agreement
does not create a separate legal relationship between the User and the Service
Provider. Therefore, the Parties stipulate that the Service Provider shall not
be liable for the performance of such sales or service agreement, the operation
of the filling station, their qualitative or quantitative deficiencies, unless
the User can prove that they are related to or arise out of the conduct,
omission, breach of law or are attributable to the Service Provider. The
Service Provider shall be presumed not to be liable for and not to be
associated with the aforementioned.
4.13.12.
Taking into consideration that the operator of the filling station or
the party that sells the fuel is not considered to be a subcontractor, agent,
representative, or performance contributor of the Service Provider, and as a
result, the Service Provider is not liable for the actions of the foregoing,
therefore the Service Provider shall not be liable for any inaccuracy,
incompleteness or out-of-date information concerning the opening hours of the
fuel service station, unless the User can prove that it is related to or arises
out of the conduct, omission or breach of law by the Service Provider or is
attributable to the Service Provider. The Service Provider shall be presumed
not to be liable for and not to be associated with the aforementioned.
4.13.13.
Taking into consideration that the operator of the filling station or
the Merchant that sells the fuel is not considered to be a subcontractor,
agent, representative, or performance contributor of the Service Provider,
therefore the Service Provider is not liable for the actions of the foregoing,
the Service Provider is not liable for the operation or lack of operation,
malfunction or errors in the operation of the filling station.
4.13.14.
The User shall always comply with the traffic, legal and safety
regulations in force at the filling station during his stay at and while using
the services of the station. The User shall be directly liable to the operator
of the filling station and the authorities for compliance with the regulations.
If the operator of the filling station, or any authority or third party makes
any claim for compensation, costs or other claims against the Service Provider
related to the irregular conduct, provision of false data or abuse by the User,
the Service Provider shall be entitled to pass such claim directly on to the
User and the User shall be obliged to directly respond to such claims and
indemnify the Service Provider against such claims.
4.13.15.
The Service Provider shall not be considered as the operator of the
filling station, and the operator of the filling station shall not be
considered a subcontractor, agent, representative or performance contributor of
the Service Provider. Therefore, the Parties agree that the Service Provider
shall not be liable for any harm or damage incurred in the operation of the
filling station or the fuel purchase transaction, unless the User can prove
that these are related to or arise out of the conduct, omission, breach of law
of, or are attributable to the Service Provider. The Service Provider shall be
presumed not to be liable for and not to be associated with the aforementioned.
4.13.16.
The Service Provider shall not be liable for the conduct, omission,
false information, potential breach of law of the operator of the filling
station or the party that sells fuel, unless the User can prove that it is
related to or arises out of the conduct, omission or breach of law by the
Service Provider or is attributable to the Service Provider. The Service
Provider shall be presumed not to be liable for and not to be associated with
the aforementioned.
4.13.17.
The Service Provider shall not be liable for the service, action,
omission, false information, payment application, operation of service,
suspension of operation, malfunction, unavailability, potential breach of law
of the third party payment service provider unless the User can prove that it
is related to or arises out of the conduct, omission or breach of law by the
Service Provider or is attributable to the Service Provider. The Service
Provider shall be presumed not to be liable for and not to be associated with
the aforementioned.
4.13.18.
The Service Provider shall not be liable for the service, action,
operation of service and system, suspension of operation, malfunction,
unavailability, omission, false information, potential breach of law of the
third party service provider fuel card service, unless the User can prove that
it is related to or arises out of the conduct, omission or breach of law by the
Service Provider or is attributable to the Service Provider. The Service
Provider shall be presumed not to be liable for and not to be associated with
the aforementioned
4.13.19.
The Parties stipulate that the Application is an online mobile
application, which requires an uninterrupted Internet connection to be provided
by the User. Taking into consideration that the provision of uninterrupted
Internet is beyond the control of the Service Provider, the Parties agree that
the Service Provider shall not be liable for the operation of any
Internet-based service, connection or availability, interruption of operation,
malfunction or unavailability.
4.13.20.
The Service Provider may
restrict or suspend the minimum functionality of the Application for
administrative or technical reasons within its own interests, as necessary,
which does not constitute a breach of the Agreement. Otherwise the Service
Provider shall be obliged to provide a minimum functionality of 99.85% in
respect of the Application in the relevant period of the calendar year.
4.13.21.
Minimum functionality shall
include the purchase of fuel using the Application. Other functions and uses of
the Application, in particular the registration of a fuel or bank card or other
related non-payment related administration, the creation of a User group, other
administration, filling stations and information on the contact details of the
Merchant are excluded from the minimum functions of the Application.
4.13.22.
The User acknowledges that
the Service Provider engages third party subcontractors to ensure the
availability the Application, and that the intended use of the Application
requires the availability of other services (e.g. internet connection,
electricity, bank card service, payment service) provided by third parties
other than the Service Provider. The User acknowledges that the unavailability
or restricted availability of the latter services may exclude or restrict the
usability or availability of the Application. The User acknowledges and
confirms that the use of such services is required and technically justified
for the availability of the Application, and that the risks of unavailability
or restricted availability of such services are reasonable and justified in the
light of the benefits of the Application. The User acknowledges that the
potential unavailability or restricted availability of other services of third
parties other than the Service Provider are causes beyond the control of the
Service Provider, and the Service Provider shall not be liable to the User for
any such causes or consequences.
5.
Unilateral termination of the Individual Agreement by the Service
Provider with a notice period (contractual termination)
5.1.
The Service Provider may initiate the termination of the Individual
Agreement any time by a unilateral notice of termination sent by e-mail to the
User without giving any reasons. The termination of the Individual Agreement
takes effect on the day of expiration of the notice period. The notice period
begins the day after delivery and cannot be shorter than 10 days. The notice of
termination shall include the notice period.
5.2.
The Service Provider shall invalidate the User's ID, password and PIN
code on the effective date of termination of the Individual Agreement by the
Service Provider and erase the personal data processed on the basis of the
User's consent and the performance of the Agreement.
6.
Unilateral termination of the Group by the Service Provider
6.1.
The Service Provider may initiate the termination of the Group any time
by a unilateral statement sent by e-mail to the Group administrator without
giving any reasons. The termination of the Group takes effect on the day of the
expiration of the notice period indicated in the statement. The period until
the entry into force of the cessation of the Group cannot be shorter than 10
days. The statement initiating the termination of the Group shall include the
period of time available before the entry into force of the termination.
6.2.
In case of unilateral termination of the Group by the Service Provider
the provisions in item 7.1.6 and 7.1.9 shall be applied accordingly.
7.
Legal consequences applicable in case of breach of the contractual
provisions by the User, termination of the Individual Agreement
7.1.1. The Service Provider shall also be entitled
to terminate the Individual Agreement with immediate effect if the User or
another User invited into the Group by the User seriously or repeatedly
breaches the Individual Agreement or the GTC or fails to remedy the breach of
the agreement within the period specified by the Service Provider despite the
request of the Service Provider.
7.1.2. If the User in breach of the Agreement or in
default in remedying the breach is also a member of a Group, the Service
Provider shall be entitled to terminate the Individual Agreement of any or all
of the Users who are members of the Group at its own discretion with immediate
effect.
7.1.3. In case of a serious breach of the Agreement
by the Group Administrator, or if the Group Administrator continues to
unreasonably delay in remedying the breach after receiving a written request to
do so, the Service Provider shall be entitled to restrict or cancel the
administrator's rights or terminate the Individual Agreement of the Users who
are members of the Group or any of them at its own discretion with immediate
effect.
7.1.4. The following cases shall in particular be
deemed to be a serious breach of the Agreement: the provision of false
information concerning any of the data requested by the Service Provider upon
entering into the Agreement or requested by the Service Provider during the use
of the Application, the breach of the obligation to provide notification on
data changes, breach of items 1.7, 3.2.3, 3.2.12, 4.13.1 of the GTC, disclosure, transmission or
distribution of content specified in item 16.11.
7.1.5. The Service Provider shall not be obliged to
give the User or Group member or Group Administrator in breach of the Agreement
prior warning of its intention to terminate the Agreement or to specify a
period of notice.
7.1.6. The Service Provider shall be entitled to
notify the User, Group member or Group Administrator of the termination by
e-mail or by sending a message to the User via the Application. Such notice
shall be considered to be delivered at 9.00 a.m. on the 2nd business day after
sending. Disclosure and reporting under this item shall include the name of the
User and/or Group member and/or Group Administrator, the date of cessation of
the Individual Agreement, the reference to invalidity under item 7.1.7 or 7.1.8 of the GTC, and, if applicable, information
on blacklisting in accordance with item 7.3 of the GTC (date, duration and consequences
of blacklisting, the procedure for requesting removal from the blacklist) and,
if justified, the reason, definition of the provision of the GTC violated by
the User and/or Group member and/or Group Administrator, the description of the
conduct that constituted a breach of the Agreement.
The Service Provider shall be entitled to send the notice of termination
to the User by e-mail or by sending a message to the User via the Application.
7.1.8. The terminated Individual Agreement shall
cease upon delivery of the written termination of notice as specified in item 7.1.6 of the GTC. Regarding the period between the
date of cessation and the date when the notice of termination is sent by
e-mail, the rules specified in items 7.2.1 to 7.2.3 of the GTC shall be applied mutatis
mutandis.
7.1.10. Any and all costs, damage and other adverse
legal consequences arising out of the termination of the Agreement by the
Service Provider due to the breach of the provisions of the GTC by the User or
Group Administrator shall be borne solely by the User and/or Group
Administrator in breach of the Agreement.
7.2.
Suspension of user rights by the Service Provider
7.2.1. The Service Provider reserves the right to
require the User to provide the data necessary for the conclusion of the
Individual Agreement, to verify the existence of the conditions for the use of
the Service, to verify the User's capacity to act and the accuracy of other
data referred to in item 3.2.1 of the GTC within a reasonable period of time or to personally visit
the Customer Service Center. Unless otherwise agreed by and between the Service
Provider and the User, the Service Provider may suspend the User's rights until
the disclosure of the data or until the User's personal visit to the Customer
Service Center.
7.2.2. The Service Provider shall notify the User of
the suspension. The notification shall contain the name of the User, the reason
for the suspension and the date on which the suspension takes effect.
7.2.3. During the period of suspension, the User
shall continue to have the right to unilaterally terminate the Individual
Agreement without giving any reason by a unilateral notice of termination as
provided for in item 9.2 and, in the case of a User who is considered
to be a consumer, in item 9.1 of the GTC.
7.3.1. If the User commits a serious breach of the
Agreement, the Service Provider shall also be entitled to blacklist the User
and/or the Group Administrator and/or the Group Member in default
simultaneously with the termination of the Individual Agreement and/or the
Group.
7.3.2. A blacklisted former User shall not be
entitled to enter into an Individual Agreement and may not become a member of a
Group.
7.3.3. The duration of blacklisting shall be
specified by the Service Provider at its own discretion. The consequences of
blacklisting shall be effective until revoked, but shall cease at the latest on
the date specified upon termination. The Service Provider shall notify the User
separately if the blacklisting is lifted for any reason earlier than on the
date specified upon termination.
7.3.4. A blacklisted former User may request to be
removed from the Blacklist in writing. The Service Provider may decide on the
removal from the Blacklist at its own discretion, and shall not be obliged to
justify its decision.
7.3.5. The Service Provider shall not be obliged to
investigate the request for removal from the blacklist if 3 months have not
elapsed from the date of blacklisting or the last request for removal from the
blacklist until the submission of a new request.
8.
Liability of the Service Provider for compensations
8.1.
The Parties agree that in accordance with the provisions of this
chapter, the Service Provider shall be liable only for any and all damage
arising out of its own acts or omissions or those of its representatives,
whether intentional or due to gross negligence.
8.2.
The User and the Group Administrator shall not be liable for any damage,
costs and fines arising solely out of the intentional conduct of the Service
Provider or its representatives or employees in breach of the provisions of the
GTC or the Individual Agreement.
8.3.
The Service Provider shall only be liable for any and all damage arising
out of its own or its representatives' or employees' grossly negligent conduct
(omission) if the occurrence and extent of the damage could have been foreseen
by the Service Provider at the time of the conclusion of the Individual
Agreement and the conduct is in breach of a material obligation arising out of
the legal relationship between the User and the Service Provider. An obligation
is considered to be material if its satisfaction is essential for the use of
the Application by the User. A breach of obligation is considered persistent,
if such condition persists continuously for at least 24 hours. This restriction
shall not apply to liability for conduct harmful to life, physical integrity or
health.
8.4.
The Service Provider shall only be liable for technical malfunctions,
incorrectness, incompleteness or temporary unavailability of information,
interruption of data traffic, including temporary unavailability of the GPS
signal and interruption of data traffic ensuring the operation of the Website,
and for damage arising out of the use or manipulation of the Application or the
Website by the User or third parties and the erasure of any content or part of
the content of the Application or the Website, if the damage is incurred as a
result of the intentional conduct of the Service Provider or its employees.
8.5.
The Service Provider shall not be liable for compensation of any damage,
costs or fines incurred as a result of a cause or circumstance beyond its
control, which could not have been foreseen at the time of the conclusion of
the Individual Agreement, and which damage or circumstance could have been
expected from the Service Provider to avoid or prevent (force majeure).
8.6.
The Service Provider's liability for compensation does not cover loss of
profits and consequential damage. This restriction shall not apply to liability
for conduct harmful to life, physical integrity or health.
8.7.
The Service Provider shall not be liable for any damage, costs or fines
arising out of the conduct, action or omission of the User, Group member or
Group administrator in breach of the GTC or the Individual Agreement.
9.
Termination of the Individual Agreement by the User
9.1.
A User who is not considered to be a consumer may request the
termination of the Individual Agreement any time by sending a unilateral,
unjustified notice of termination to the Service Provider by e-mail. The
termination cannot be withdrawn and the termination of the Individual Agreement
takes effect upon delivery of the notice.
9.2.
Additional special provisions for the User who is considered be a
consumer:
9.2.1.
A User who is considered to be a consumer under the law may, pursuant to
Section 20 of Government Decree No. 45/2014 (26 February) on the detailed rules
of contracts between consumers and businesses (hereinafter referred to as “Government
Decree” for the purposes of this item), request the termination of the
Individual Agreement any time by sending a unilateral, unjustified notice of
termination to the Service Provider by completing the sample statement
specified in Annex 1 to this GTC or by sending a clear notice of termination by
e-mail or on the Website. The action cannot be withdrawn and the cessation of
the Individual Agreement takes effect upon delivery of the notice of
termination/waiver. In case of withdrawal, the Individual Agreement shall cease
retroactively to the date of conclusion, while in case of termination, it shall
cease with effect for the future. The Service Provider may only start to
provide the Service immediately after registration if the User expressly
requests it during registration and provides his consent to the Company to
start providing the service in accordance with this GTC before the expiration
of the period (14 days) specified in Section 20, paragraph (2), item b) of the
Government Decree. The User acknowledges that in such cases, the User shall
have no right of withdrawal within 14 days from the date of conclusion of the
agreement for the provision of the service once the service has been provided,
but shall have the right to terminate the Agreement without notice for the
duration of the Agreement.
9.2.2.
The User bears the burden to prove that he exercised his right of withdrawal or termination in
accordance with the provisions of item 9.2.
9.2.3.
In case of withdrawal, the Individual Agreement shall cease
retroactively to the date of conclusion, while in case of termination, it shall
cease with effect for the future.
9.3.
A User who is considered to be a Group Administrator may request the
erasure of a Group created by him any time by completing and sending the
unilateral, unjustified sample statement attached hereto as Annex 3 to the
Service Provider by e-mail. The action cannot be withdrawn and the cessation of
the Group takes effect on the first business day after the date of delivery of
the notice.
9.4.
The User acknowledges that in case of dissolution of the Group,
including dissolution at the initiative of the Group Administrator, the User
shall no longer be entitled to use his own fuel card assigned to the Group in
the Application. The User acknowledges that he shall not be entitled to claim
compensation, reimbursement of costs or enforce other claims against the
Service Provider with respect to the above.
9.5.
The Service Provider shall invalidate the User's ID, password and PIN
code on the effective date of withdrawal/termination of the Individual
Agreement by the User and erase the personal data processed on the basis of the
User's consent and the performance of the Agreement.
10.
Termination of the Individual Agreement and/or GTC as a result of Force
Majeure
10.1.
If this GTC and/or the Individual Agreement becomes impossible to
perform for a period exceeding 30 days due to force majeure beyond the control
of either Party, and unless the Parties unanimously declare otherwise, this GTC
and the Individual Agreement between the Parties shall cease to be in force at
the end of the 30th day of the force majeure situation.
11.
Warranty statements of the Service Provider
11.1.
The Service provider is a business entity duly registered in Hungary.
11.2.
The Service Provider warrants that it is entitled to provide the Service
in accordance with this GTC.
11.3.
The Service Provider has exclusive user rights regarding the
Application, which is an independent and original work. The Service Provider
has partly copyrights and partly user rights to the Application, as well as to
the software used by the Service Provider related to the Application and the
provision of the Service, based on which the Service Provider may legitimately
use the Application and other such softwares for the
provision of the Service. The Service Provider warrants that no third party has
any right or claim on the Application that would exclude or restrict the
Service Provider's right to provide services under this GTC.
12.
Technical conditions required for using the Application
12.1.
The installation, running and use of the Application requires a mobile
device with at least one of the following technical parameters:
-
Android 7.0. or newer version
-
iOS 11.0 or newer version
13.
Property right, copyright
13.1.
The Application and the underlying software (computer program), the
source code, the Website and the related documentation, the description of
certain functions of the software, the related graphic interface and other
display methods, textual content constitute copyrighted works protected by Act
LXXVI of 1999 on Copyright, and such works constitute the exclusive property
and are protected by the exclusive copyright of the Service Provider.
13.2.
It is prohibited to use the Application, the underlying software, the
source code, the Website and the related documentation, the description of
certain functions of the software, the related graphic interface and other
display methods, textual content without the prior written consent of the
Service Provider.
13.3.
The Application and all related patents, utility models, other
industrial property rights, copyrights, trade secrets, know-how and other
intellectual property rights shall constitute the exclusive property and right
of the Service Provider. The User may not do anything that would violate,
restrict or jeopardize the Service Provider's rights to the Application other
than the limited right of use under this GTC.
13.4.
Any reproduction, translation, amendment, adaptation, revision, reverse
engineering and/or cracking of the source code, improvement and any new
software, version or any work of art, product, idea or any other right in
connection with the Services shall constitute the exclusive property and right
of the Service Provider.
14.
License granted to the User
14.1.
By registering in and downloading the Application, the User acquires
non-exclusive user rights for the duration of the legal relationship between
the User and the Service Provider under the Individual Agreement and the GTC
for the followings:
-
Running, operating and downloading the Application to the screen.
14.2.
The aforementioned limited right of use also extends to any versions of
the Application amended, altered or revised by the Service Provider.
14.3.
Beyond the limited scope and duration of the right of use as specified
above, the User shall not be entitled to use the Application and the underlying
software, the source code, the Website, the documentation, the associated
graphic interface and other display methods, textual content of any kind and
scope, whether in material or non-material form. In particular, the User is not
entitled to the followings:
-
duplication;
-
distribution;
-
revision;
-
processing;
-
translation;
-
amendment;
-
correction;
-
source code cracking and decryption
14.4.
The User shall not be entitled to maintain the Application based on the
restricted right of use it is entitled to according to this GTC. The User
acknowledges that if it performs any maintenance on the Application in
violation of this item, it shall exclude the Service Provider's liability for
loss of data or availability and the User shall be liable for any damage to its
mobile devices incurred as a result.
14.5.
The User shall not be entitled to transfer, license, disclose or make
available to third parties the Application, the underlying software, the source
code, the Website, the documentation, the associated graphic interface and
other display methods, textual content beyond the scope and extent of this GTC.
14.6.
The User shall not entitled to reproduce, translate, amend, adapt,
revise, reverse engineer or crack, improve or get to know the source code of
the software on which the Application is based.
14.7.
The User shall only be entitled to install, download and run parts of
the Application on the device he uses legitimately. While using the mobile
device, the User shall comply with all regulations and instructions governing
the use thereof. The User acknowledges that if it violates the provisions
contained in this item, it shall be liable for loss of data or availability and
the User shall be liable for any damage to its mobile devices incurred as a
result.
14.8.
The User shall only be entitled to use the latest updated version of the
Application at all times, and the User shall not be entitled to use previous
versions of the Application after the installation or update of the new version
at the User.
14.9.
The Service Provider acquires an unlimited right to use any and all
suggestions, comments, remarks made by the User to the Service, the
Application, the underlying software, source code, the Website, regardless of
the recipients as well as the form and means of communication used by the User
to make such statements. The User shall not be entitled to receive any
consideration from the Service Provider in respect of such right of use by the
Service Provider and expressly waives any claim or demand against the Service
Provider in connection with the foregoing.
14.10. The User acknowledges and accepts that the
Service Provider shall be entitled to verify the use of the Application.
14.11. The User acknowledges and accepts that a
breach of the rules governing the right of use shall constitute a serious
breach of this GTC and the Service Provider shall be entitled to terminate the
Individual Agreement with immediate effect, erase the User account, or suspend
the User's right of use and claim compensation at its sole discretion.
15.
Maintenance of the Application
15.1.
The Service Provider shall be entitled to perform any maintainance, update and add new functions to the Service,
the Application and the underlying IT system, or to remove or suspend the
availability of any existing functions at its sole discretion.
15.2.
The User acknowledges and accepts that the Service Provider shall be
entitled to connect to the User's mobile devices and to perform data
communication during the maintenance or updating of the Service, the
Application and the underlying IT System, or during the removal of an existing
function or the suspension of the availability of a function, and the User
undertakes to permit such communication.
16.
Limitation of Liability
16.1.
The Service Provider provides the User with the Application “as is”,
"with all defects” and “as seen”, and the User shall bear full risk
related to its adequate quality, performance, accuracy, and effectiveness.
16.2.
The User shall provide all other mobile devices and hardware, operating
system and additional software required for the use of the Application. The
Service Provider excludes any liability for the consequences arising out of the
use of inadequate or illegal hardware or software by the User for the use of
the Application.
16.3.
The Application only runs in a licensed and virus-free environment, on
flawless hardware. The Service Provider shall not be responsible for any
damage, costs and fines, malfunctions, and data loss that arise out of the use
of the Application by the User on a malfunctioning hardware or in a hardware or
software environment infected with a virus.
16.4.
The Service Provider shall not be liable for any computer virus or other
malware, any other feature that restricts or inhibits access to or use of the
Application, any incompatibility of the Application with any other website,
service, application, software or hardware, compatibility or alignment issues,
delays or errors affecting the speed or quality of data transmission during the
use of the Application, and for any damage or costs incurred as a result of the
use of other software or applications.
16.5.
The Service Provider excludes any and all liability for consequences
arising out of causes beyond the scope of the Service Provider's activities
covered by the Individual Agreement and this GTC. The Service Provider shall
not be liable for the way in which the User or a third party uses the
Application and for what purpose. In particular, it shall not be liable for
whether the User or a third party performs its activities in accordance with
the provisions of applicable laws and other agreements when they use the
Application.
16.6.
The User shall be entitled to claim the troubleshooting of the
Application in case of a malfunction pursuant to Act V of 2013 on the Civil
Code of Hungary. If an error is reported, the Service Provider is obliged to
investigate the complaint within a reasonable deadline and to provide feedback
to the User and, if the error is acknowledged, to propose a correction. The
Service Provider shall respond within a reasonable timeframe, if it responds to
the objection within a maximum of 30 days. Errors that do not prevent intended
use shall be eliminated until the next new program version is released.
16.7.
If an error is detected, the User shall report it to the Service
Provider immediately. The User is obliged to fully cooperate with the Service
Provider in order to correct the error and to provide the requested information
to the Service Provider without undue delay upon request.
16.8.
The User acknowledges that it is required to periodically back up the
data stored on its mobile device used for the Application and to store such
backup on a different storage medium in order to ensure data security. The
Service Provider shall not be liable to the User for the security of data,
other software and applications stored and running on the mobile device, or for
any loss, damage or unavailability of such data, software and applications.
16.9.
The Service Provider shall not be liable for any damage, loss of data or
errors arising out of data provided or made available by the User or any other
third party, or from the absence, error, inaccuracy or out-of-date nature of
such data.
16.10. The Service Provider shall not be liable for
any damage, loss of data or errors arising out of data provided or made
available by the User, the quality of the telecommunication service provided by
a third party, the bandwidth used, the data transmission speed or the accuracy
of the Global Positioning System (GPS).
16.12. The User may enforce a claim for compensation
against the Service Provider up to the below-mentioned limit for damage
incurred due to the Service Provider's liability under this GTC. The
compensation shall not exceed 1/365th of the retail value of the fuel purchased
by the User using the Application in the calendar year preceding the date of
the compensation claim. The Service Provider shall only be liable for damage
whose claim for compensation is enforced by the User against the Service
Provider within 6 months of the date of becoming aware of the damage, but not
later than 5 years from the date of the damage, which deadlines shall be
time-barred and be within the scope of this GTC and the applicable provisions
of law. The provision included herein cannot be applied to intentionally caused
damage.
16.13. The Service Provider shall not be liable to
the User or any other third party for any loss or expense or other consequence
arising out of the theft, or otherwise unlawful acquisition or loss of the
User's ID, password or hardware required to access and use the Application.
16.14. The User expressly waives, to the fullest
extent permitted by law, any claim for compensation or other claims against the
Service Provider's senior officer in connection with this Agreement. The
Service Provider's senior officer may directly refer to this limitation of
liability.
17.
Complaint management, availability of the customer service center
17.1.
The User may lodge a complaint or inform the Service Provider of its
objections related to the Service and the Application using the following
contact details
In the Application: Under “About
us”.
Mailing address: H-1052
Budapest, Deák Ferenc tér 3. MEYER LEVINSON emelet
e-mail: info@multicore.hu
17.2.
Complaints may include, but are not limited to the following:
-
complaint about the purchase process and its steps;
-
complaint about the use of the Application;
-
objection regarding the content of the information available in the Application.
17.3.
The Service Provider shall investigate the User's complaint and, if
possible, provide the User with a written response on the merits of the
complaint without undue delay, but no later than 60 days after the complaint
was filed.
17.4.
By way of derogation from the previous item, the Service Provider shall
investigate the User's written complaint, who is considered as a Consumer, and,
if possible, provide the User with a written response on the merits of the
complaint without undue delay, but no later than 30 days after the complaint
was filed.
17.5.
The User shall cooperate fully with the Service Provider in the course
and in the interest of lodging a complaint, raising an objection and remedying
the complaint.
17.6.
If the Service Provider finds the complaint to be justified and
verified:
-
it shall remedy any error or deficiency of the Service and/or the
Application;
-
the User may initiate a consultation with the Service Provider regarding
the User's potential claim for compensation.
17.7.
The User may enforce his claim related to his complaint through
litigation before a competent court with jurisdiction.
17.8.
If the User is considered to be a consumer under the Civil Code of
Hungary, the following additional provisions shall also be applicable to the
User's complaint:
17.8.1. If the Service Provider does not acknowledge
the User's complaint or does not find it justified, the User may refer the
dispute to the following authorities and bodies, according to the jurisdiction
of his place of residence:
Contact
of mediation boards:
https://fogyasztovedelem.kormany.hu/#/bekelteto_testuletek
Competent mediation board based on the registered seat of the
Company: Budapesti Békéltető
Testület, H-1016 Budapest, Krisztina krt. 99., mailing address: H-1253 Budapest, Pf.: 10.
Contact
details of consumer protection authorities:
https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
18.
Data processing
19.
Scope of the Individual Agreement
19.1.
The Individual Agreement enters into force and effect for an indefinite
period of time.
20.
Change in the identity of the Service Provider
20.1.
The User acknowledges the right of the Service Provider and gives its
prior consent to the Service Provider to assign its claim under the Individual
Agreement in whole or in part to a third party, to transfer its rights under
the Individual Agreement in whole or in part to a third party and to transfer
the Individual Agreement to a third party. As a result of assigning the claim,
the third party as assignee shall replace the Service Provider in respect of
the claim. By transferring the right, the third party as the new rightholder shall replace the Service Provider in respect
of the right. The third party, as a Party joining the Agreement as a result of
the transfer of the Agreement, shall be granted all the rights and be bound by
all the obligations that the Service Provider, as a Party exiting the Agreement
had and has hereunder against the User as a Party remaining in the Agreement.
The assignment, transfer of rights, transfer of Agreement becomes effective
against the User upon the User's notification.
20.2.
The User acknowledges the Service Provider's right and shall give its
prior consent to the Service Provider to conclude an agreement with a third
party to the effect that the third party assumes the Service Provider's
obligations or debts arising out of the Individual Agreement. The assumption of
debt towards the User becomes effective upon the User's notification.
21.
Final provisions
21.1.
If any provision of this GTC is invalid, the invalidity applies only to
the particular provision and shall not affect the entire GTC.
Annex 1
Sample Notice of Withdrawal/Termination for
Users considered to be Consumers
(only
complete and return in case of withdrawal from/termination of the Agreement)
To the
attention of:
I/we,
the undersigned, declare that I/we exercise my/our right of
withdrawal/termination with respect to the Agreement aimed at the provision of
the following services:
Date
of conclusion of the agreement / date of acceptance:
Consumer
name:
Address
of the Consumer:
Consumer's
signature: (only in the case of a paper-based declaration)
Dated:
Annex 2
Information on distance agreements concluded
by and between the Service Provider and the User considered to be a consumer
concerning the use of the Service provided by the Service Provider by Users who
are considered to be consumers:
1.
Service Provider:
MULTICORE
Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
2.
Registered seat, business premises, mailing
address and details of the Service Provider:
The
details of the Service Provider are indicated in the introduction of the GTC.
3.
The total amount of the consideration payable
for the services under the Agreement, plus applicable taxes, and any additional
costs that may be incurred:
The
User does not have to pay for the use of the Service and the Application.
4.
The cost included in the amount of the
consideration in case of an agreement concluded for an indefinite period:
Not
applicable, since the User does not have to pay for the use of the Service and
the Application.
5.
Fee payable for the use of a device for
distance communication used for the conclusion of the Agreement:
None.
6.
The terms of performance, in particular
payment and deadlines for performance, and how the business shall manage
complaints:
The
User does not have to pay for the use of the Service and the Application.
Provisions regarding complaint management are contained in item 17 of the GTC.
7.
The consumer's right of withdrawal and
termination:
The
consumer's right of withdrawal and termination is specified in item 9.2 of the
GTC.
8.
Legal obligations on liability for defects
and product warranty:
The
User shall not be obliged to pay any consideration for the Service, therefore
the Service Provider shall not provide any liability for defects.
9.
The existence and conditions of after-sales
customer services and other services and guarantees:
The
Consumer may also request information regarding the services related to the
particular subject matter using the e-mail addresses provided in the GTC or on
the Website. The Service Provider does not undertake any guarantee.
10.
Availability of a code of conduct pursuant to
the prohibition of unfair commercial practices against consumers act and how to
request a copy of the code of conduct:
It is
not available, it is not possible to request a copy.
11.
The duration of an Agreement concluded for a
fixed period, and the conditions for terminating an Agreement concluded for an
indefinite period:
The
Individual Agreement is concluded for an indefinite period of time in all
cases. Provisions regarding the termination of the Individual Agreement are
contained in item 9 of the GTC.
12.
The shortest duration of the consumer's
obligations according to the agreement:
The
User who is considered as a consumer may terminate the Individual Agreement any
time in writing. The termination does not affect the purchase transaction
started using the Application already in progress.
13.
Provision and conditions of a deposit or
other financial security to be paid or provided by the consumer at the request of
the company:
None.
14.
Digital data content and applicable technical
protection measures:
The
Service Provider has implemented, maintains and continuously updates the
security measures required for the operation of the servers and other equipment
(including the infrastructure that provides the network connection) operated by
the Service Provider. It shall ensure the proper location and physical
protection of the devices and shall ensure the protection of the data stored
using the IT instruments available.
15.
The ability of digital data content to
cooperate with hardware and software in accordance with the knowledge
reasonably expected of the company:
The
Website can be used in Google Chrome, Mozilla Firefox and Safari, and can be
displayed on mobile applications (mobile phones and tablets). The minimum
technical requirements for installing, running and using the Application are
specified in item 12.1 of the GTC.
16.
The availability of and access to an
out-of-court complaint management and dispute resolution mechanism required by
law or the decision of the company:
Consumers
may primarily lodge a complaint in writing directly at the Service Provider,
which will do its best to eliminate and remedy any violations. The Company and
the consumer shall settle their legal disputes primarily out of court, through
negotiations. If no amicable agreement is reached, the consumer may turn to an
authority, court or mediation board in accordance with the provisions of
prevailing laws or the GTC.
17.
The option to turn to a mediation board, the
name and mailing address of the mediation board competent based on the Service
Provider's registered seat:
The
out-of-court resolution of disputes between consumers and businesses concerning
the quality and safety of products, the application of product liability rules,
the quality of service, as well as the conclusion and performance of Agreements
between the parties (hereinafter referred to as “consumer disputes”) falls
within the competence of the mediation board: it aims to reach an agreement
between the parties, and if this is unsuccessful, it adopts a decision on the
matter in order to ensure the simple, quick, efficient and cost-effective
enforcement of consumer rights. The mediation board shall provide advice on the
rights and obligations of the consumer at the request of the consumer or the company.
Before initiating a procedure before a mediation board, the consumer shall
attempt to resolve the dispute directly with the company concerned. The
mediation board proceeding is instituted at the consumer's request. The request
shall be submitted in writing to the chairman of the mediation board. Competent
mediation body based on the registered seat of the Service Provider: Budapesti Békéltető Testület, H-1016 Budapest, Krisztina krt.
99., mailing address: H-1253 Budapest, Pf.: 10.
This Information
constitutes an annex to the General Terms and Conditions.
Annex 3
Sample Group notice of termination for the
User who acts as an Administrator
To the
attention of:
I, the
undersigned hereby declare that I request the termination of the User Group
within the App&Tank mobile phone application for the following Group:
Name
of the User Group:
User
Group ID:
User's
signature: (only in the case of a hardcopy statement)
Dated: