General Terms and Conditions

DIEGO Franchise

This document is not to be filed; it is concluded in electronic format only, does not qualify as a written contract, is in the Hungarian language, and includes no reference to any code of conduct. In the case of questions concerning the operation of the website, we are at your disposal at our contact details specified below.

This General Terms and Conditions covers the legal framework concerning use of the Service Provider’s website (http://diegofranchise.com) and its subdomains. This General Terms and Conditions is continuously available in the following website: http://diegofranchise.com/aszf and can be downloaded from the following link: http://diegofranchise.com/aszf_diego_modul.pdf

SERVICE PROVIDER’S DATA:

Name of the Service Provider: DIEGO Kereskedelmi és Szolgáltató Kft. Registered office of the Service Provider: H-2372 Dabas, Beton u. 26.
Contact details of the Service Provider, its e-mail address used on a regular basis for communication with the users of the website: info@diego.hu
Company registration number: 13 09 083541,
Tax number: 10744804-2-44
Name of registering authority: Budapest-Capital Regional Court as companies registry, Telephone number: +36 29/567-200
Fax: +36 29/567-060
GPS: N 47.16898 E 19.362577
Data protection registration number: NAIH-77516/2014. Language of contract: Hungarian
Name, address email address of the hosting provider: name: Diego Kereskedelmi Kft.
address: H-2372 Dabas, Beton út 26. email address: info@diego.hu telephone number: +36 29 567 200 contact person: Attila Váradi

DEFINITIONS

Capitalized terms used in the Policy below shall have the following meaning:
2.1. “Service Provider” means the legal entity providing e-commerce services.
2.2. “User” means any and all persons who use in any way the website or the services available in the website.

BASIC PROVISIONS:

3.1. For any issues that are unregulated in this Policy, and for the interpretation of this Policy, Hungarian law shall be governing, including in particular the relevant provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on Certain Issues of E-Commerce Activities and Information Society Services. The mandatory provisions of the relevant laws are governing for the parties without any specific provisions to this effect.

3.2. This Policy shall be effective as of 15 August 2018 and shall remain in force until withdrawn. The Service Provider shall have the right to unilaterally amend the Policy. Any amendments shall be published by the Service Provider in the website 11 (eleven) days before their effectiveness date. By using the website the Users accept that all regulations related to the use of the website shall automatically apply to them.

3.3. When entering the website operated by the Service Provider, or reading its content in any way, the User—even if he or she is not a registered user of the website—acknowledges the provisions of the Policy as binding for himself or herself. If the User does not accept the terms and conditions, he or she shall not have the right to see the content of the website.

3.4. The Service Provider reserves all rights related to the website, any element of the website and the contents appearing there, and the dissemination of the website. Without the written consent of the Service Provider, it is forbidden to download, store electronically, process or sell the contents appearing in the website or any details of the same.

EXCLUSION OF LIABILITY

4.1. The Service Provider endeavors to continuously update the information available in the website; however, it shall not be held liable for the completeness, appropriateness under any circumstances, or possible changes of the information.

4.2. The Service Provider emphasizes that it shall not be held liable for any losses arising from the use of the website.

4.3. The Service Provider shall have the right to change, update or withdraw the content in whole or in part (including available services) at any time without prior notice.

4.4. Changes may occur in the website independently of the Service Provider’s will or influence, therefore the Service Provider does not assume liability of any kind for the accuracy, reliability, timeliness or content of the disclosed content as regards the information, documents or other written material available in the website.

4.5. The users use the website at their own responsibility only, and the Service Provider shall not be held liable for any losses resulting from inappropriate, erroneous or incomplete content.

4.6. The Service Provider does not guarantee the uninterrupted and faultless operation of the functions available in the website. The Service Provider shall not be held liable for damages, losses or costs occurring in relation to the website, as a result of its use or unusability, inappropriate operation, failure, computer viruses, line or system failure, or for any other similar reason. The user takes note therefore that the Service Provider shall not be held liable for any failures occurring in the User’s apparatus, damages caused by viruses or data losses of any kind, and furthermore for any unauthorized access to the user’s apparatus or network.

4.7. The Service Provider does not verify the information available in other contents accessible through the links that might be available in the website, and will not be held liable for the accessibility or correctness of content of such information.

COPYRIGHTS

5.1. The User visiting and using the website shall have the right to use the content of the website for private purposes only. For private use no consideration is to be paid; however, it may not serve the purpose of making or increasing profit either directly or indirectly.

5.2. In the scope of free use, the website can be used free of charge, and it does not require the Service Provider’s permit either. Use is allowed—or is provided free of charge—even under the provisions concerning free use only if it does not prejudice the normal use of the website, does not unreasonably prejudice the Service Provider’s legitimate interests, and further if it meets the requirement of good faith and fairness, and is not directed at purposes that are incompatible with the purpose of free use. Using the content of the website in any way deviating from the above provisions, or in excess of the measure of free use results in unauthorized use, which is a conduct prohibited by law, and against which the Service Provider will enforce the statutory remedies.

5.3. Business use of any kind is subject to the Service Provider’s prior written consent. Use of the Service Provider’s logo or trademarks is possible under prior permission only.

5.4. Any material may only be taken over from the website and its database—even in the case of written approval—by reference to the Service Provider.

5.5. The Service Provider reserves all its rights to all elements of its service, to the website and domain names and the secondary domain names generated with these, and to its internet advertising platforms.

5.6. Adaptation or reverse engineering of the content of the website or specific parts of the same is forbidden; as well as using applications by which the website or any part of the same can be changed or indexed.

5.7. Diego’s name and logo are under copyright and trademark protection, and can be used subject to the Service Provider’s written consent only.

5.8. The User takes note and accepts that in the event of use without a use permit the Service Provider shall have the right to claim penalty. The amount of the penalty shall be HUF 90,000 gross per image, and HUF 20,000 per word. The User takes note that this penalty clause is not exaggerated, and shall browse the site in an awareness of this. Upon any copyright infringement, the Service Provider shall apply notarial certificate, the costs of which shall also be transferred to the user responsible for the infringement.

MISCELLANEOUS PROVISIONS

6.1. The Service Provider shall have the right to engage subcontractors to fulfill its obligations. The Service Provider shall be fully liable for any unlawful conduct of such subcontractors as if the unlawful conduct has been committed by itself.

6.2. Should any part of this Policy become invalid, unlawful or unenforceable, this shall not impair the validity, lawfulness and enforceability of the remaining parts.

6.3. If the Service Provider does not exercise a right it is entitled to in accordance with the Policy, such omission to exercise the right shall not be regarded as a waiver of that right. Any waiver of a right shall be valid only if it is included in an express written statement to that effect. If the Service Provider on any single occasion does not strictly adhere to any material term or clause of the Policy, this shall not be regarded as a waiver of subsequent strict adherence to the given term or clause.

6.4. The Service Provider and the User shall try to settle disputed matters between them amicably.

DATA PROTECTION

Diego’s data protection prospectus is available in the following site: http://diegofranchise.com/hu/adatvedelem

Dabas, 15 August 2018