ETELE PLAZA APPLICATION END USER TERMS AND CONDITIONS
Version: 1.1
Date of publication: April 4, 2024
Effective date is the same as the date of publication indicated above
These Terms and Conditions contain provisions for limiting the liability of the service provider
These Terms and Conditions (“Contract’’) determine the terms of use of the application (“Application”) called ETELE Plaza to be run on mobile devices and operated by the service provider (“Service Provider”), and the rights and obligations of the Service Provider and the person downloading the application (“End User’’). The Service Provider and the End User shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”.
The Service Provider calls the End Users’ attention to the fact that the services described in this Contract are not fully available on the effective date of the Contract, including in particular the parking services, and furthermore, the point collection and redemption and other services under the “ETELE Klub” Loyalty Program will only be available from the date, when the Service Provider informs the End Users through the Application, or in the form of an electronic message sent to the registered End User.
1.General Data of the Service Provider
Company name: Etele Plaza Üzemeltető Kft.
Registered office: 1082 Budapest, Futó utca 47-53., 7th floor
Company registration number: 01-09-283776
Registering authority: Registry Court of the Metropolitan Court in Budapest
Tax number: 25587348-2-42
2.The Application
2.1. The Application is a computer program that can be installed and run on a mobile device, and allows the use of convenient services offered by the Service Provider through mobile devices.
2.2. Through the Application platform, the End Users downloading the app may use the services specified in Sections 5-6 of the Contract (“Services”).
2.3. The Services listed in Section 6 of the Contract are services subject to prior registration (“Services Subject to Registration”), therefore, those can only be used by the End Users after successful registration as defined in Section 3 of the Contract. The only condition for the use of other Services (“Services Not Subject to Registration”), other than Services Subject to Registration, and of the Application is the acceptance of the terms and conditions included in this Contract by downloading the Application.
2.4. The End User may delete the Application from their mobile device at any time.
2.5. The Application and the Services may only be used by natural persons over the age of 16 with at least limited legal capacity.
3.The Registration Process
3.1. The End User may complete the registration after downloading and installing the Application in their mobile device.
3.2. End Users may register in the Application with their:
- a) Facebook user account;
- Google user account,
- Apple user account or
- d) by providing their personal data required for registration in the Application and by creating a login password.
3.3. Regardless of the method of registration, all End Users will be required to provide their date of birth in the registration process. Furthermore, the End User is entitled, but not required to provide their gender and their postal code, these latter two data can be given subject to the fact whether the End User has given consent in relation to additional functions (and processing of any related personal data) entailing the use of the above data. The End User may at any time rectify any data provided potentially incorrectly in the Application either during the registration or thereafter.
3.4. An additional condition for successful registration according to point d) of Subsection 3.2 is confirmation of the registration by the End User (two-factor authentication).
3.5. In the event of registration according to point d) of Subsection 3.2, the Service Provider will inform the End User via e-mail through a two-factor authentication process, once the End User has provided their data necessary for registration, about the next step required to confirm registration. As specified in the e-mail, the End User will have 30 days to finalise the registration. If the End User fails to do so by this deadline, the Service Provider will remind the End User in an e-mail to confirm the registration, by giving another 30 days to do so. If the End User fails to confirm their registration during this additional 30-day time period, the personal data provided by the End User during registration will be permanently deleted. In the event that the End User confirm the registration as required herein, the execution of the Contract will be acknowledged electronically (through the Application or by sending a notification to the e-mail address designated by the End User) by the Service Provider to the End User. During the registration process described in points a)-c) of Subsection 3.2, there will be no need for a two-factor authentication process, however, the execution of the Contract will be acknowledged electronically by the Service Provider (either through the Application, or by sending a notification to the e-mail address transferred through the End User’s social media account or by any other service provider). Registration is successful, if the Service Provider confirms electronically the completion of registration to the End User as specified in this section.
3.6. Data will not be verified by the Service Provider during registration, and the Service Provider shall not be liable in the event that the End User has provided incorrect, erroneous or false data. The End User may review and modify their data at any time in the Application. The Service Provider is entitled to delete obviously incorrect or false data. The End User acknowledges that certain notifications related to the fulfilment of the Contract will be sent by the Service Provider primarily to the End User’s e-mail address, and the Service Provider shall not be responsible for the failure to notify, if the End User’s e-mail address has changed, or it is incorrect or false.
3.7. In the event that the Service Provider becomes aware of the fact that the End User used the Application in any manner infringing the rights of any third party or infringing the laws otherwise, or that they have provided the personal data of others during registration, the Service Provider is entitled to cancel the End User’s registration, which at the same time shall mean the termination of the Contract with immediate effect.
3.8. The End User understands that if they are not over the age of 16, they are not allowed to register in the Application and are not allowed to use it. The End User is required to provide their actual date of birth during registration. In the event of providing false data regarding any age, the Service Provider is entitled to cancel the End User’s registration, which at the same time shall mean the termination of the Contract with immediate effect.
3.9. The End User is fully responsible for their user name and password provided during their registration, and for all other related activities as well as for keeping those data safe and secure. The End User undertakes to promptly inform the Service Provider, in the event of any unauthorised use of their data, or any other breach of security at one of the channels defined in Subsection 14.1 of the Contract. The Service Provider shall not be liable for any damages arising from the storage of the password or from the transfer of the user name and the password to any third party.
4.General Provisions Concerning the Provision of Services
4.1. The Service Provider undertakes to operate the Application under the term of the Contract for the purpose of using the Services.
4.2. Use of the Application is free of charge, however, it is possible to pay for predetermined service charges through the Application.
4.3. The Service Provider reserves the right to terminate the provision of the Services as dividable services, either in whole or in part, accessible through the Application at any time at its discretion, or to change the Application terms of use at its discretion. The Service Provider is not responsible for any resulting damages. In addition, the Service Provider is entitled to make available new services, or supplement the Services in the Application at any time.
5.Services Not Subject to Registration
5.1. Navigation
5.1.1. Navigation function available through the Application is capable of (i) detecting the End User’s actual position; (ii) directing the End User to Etele Plaza, and navigating the End User to the means of public transportation located around the building of Etele Plaza searched by the End User in the Application, or navigating the End User to any store/service provider operating in Etele Plaza; and allows (iii) the End User to use a parking facilitation service according to Subsection 5.1.2 of the Contract. In order to access this feature, the End User must enable the location services.
5.1.2. The End User may use parking facilitation service under the Navigation function that is accessible through the Application. Within the framework of this Service, the Application shows on the map of the parking garage the parking level or parking zone with free parking spaces that are closest to the destination within Etele Plaza selected by the End User, and then directs the End User to the selected parking level or parking zone.
5.1.3. On the one hand, navigation is ensured by the software provided by third party providers integrated into the Application (depending on the End User’s mobile device e.g. Google, Waze etc.), and on the other hand, by a Bluetooth-based indoor navigation system installed in Etele Plaza. Given that the accuracy of positioning typically depends on the operation of third-party devices outside the control of the Service Provider, or on environmental conditions, the Service Provider shall not be liable for the inaccuracy of positioning, the End User must verify the result of the location services.
6.Services Subject to Registration
The Service Provider draws the End User’s attention to the fact that the parking payment service is not yet available at the effective date of the Contract, so such service will only be available under the following terms and conditions, when the Service Provider informs the End User through the Application, or in the form of an electronic message sent to the registered End User.
6.1. Payment through the Application
6.1.1. The Service Provider wishes to make available to the End User an online payment platform integrated in the Application, through which the End User is entitled to pay the fees for the services available in Etele Plaza electronically. At Etele Plaza, currently parking in the parking lots of Etele Plaza is the only service that can be paid through the Application.
6.1.2. The Service Provider draws the attention to the fact that it strives to continually extend the scope of online payment options integrated in the Application. The Service Provider will inform the End User in advance about any new service where online payment becomes available.
6.1.3. The condition for paying for the parking service through the Application is that the license plate number of the vehicle parked in the facility should be registered in the Application prior to entering the parking space, at the latest.
6.1.4. The online payment platform („SimplePay”) is operated by OTP Mobil Szolgáltató Korlátolt Felelősségű Társaság (registered office: 1143 Budapest, Hungária körút 17-19., registry court: Registry Court of the Metropolitan Court in Budapest; company registration number: 01-09-174466) or a financial institution designated by it, and ensures bank card acceptance services for the Service Provider. The End User may provide its bank card and other data on the online payment platform that are necessary for payment. Of the data provided on the online payment platform, the Services Provider does not have access to bank card data.
6.1.5. Given that the online payment platform and the acceptance of bank card in the Application are ensured by the third party indicated in Subsection 6.1.4, the Service Provider does not perform any licensed financial services. The Service Provider shall not be liable for the errors in the online payment platform provided by the third party and for the card acceptance services thus provided, having regard to the fact that the third party providing the online payment platform performs this service as an independent service, and the third party is not a collaborator of the Service Provider.
6.1.6. By accepting the provisions of the Contract, the End User acknowledges that their personal data stored by the Service Provider in the user database of the Application will be transferred to OTP Mobil Kft., as data processor. Scope of data transferred by the Service Provider shall be as follows: unique transaction ID; currency of the transaction; e-mail address of the End User; transaction amount; validity period of the transaction until payment can be initiated. The nature and purpose of data processing activities performed by the data processor are included in the SimplePay Privacy Notice accessible at: http://simplepay.hu/vasarlo-aff.
6.1.7. In the event that the fee for the service used is paid through the Application, the Service Provider will issue an electronic invoice and send it to the e-mail address of the End User (“e-receipt”). The End User is entitled to request a VAT invoice before the payment process is closed in the application, and it must provide the necessary data (company name, tax number, address, e-mail address used for billing) in the Application. The Service Provide is entitled to issue electronic invoices. The Service Provider will promptly issue the e-receipt related to the parking service after the completion of the transaction and will send it electronically. In the case of parking charges, if the End User requests a VAT invoice in the Application, the Service Provider will invoice a single electronic invoice for all parking services provided in the subject month and will send it to the End User within 8 days following the end of the subject month.
6.2. Parking services
6.2.1. The End User may use the following parking services in the Application:
- a) the “Where did I park my car?” function requiring the prior registration of the license plate number in the Application helps the user find the parking zone or parking level where the End User’s vehicle is parked;
- b) the End user may pay the parking charge through the Application according to the provisions set out in Subsection 6.1.
- c) discount parking by the purchase of a movie ticket in the Application (Subsection 6.5 of the Contract).
6.2.2. The “Where did I park my car?” function accessible through the Application allows the End User to find out on what parking level and in what parking zone they have parked their car, and will direct the End User to the appropriate parking level and parking zone. When using the “Where did I park my car?” function, the license plate number recognition system installed at the entry gates of the parking garage identifies the position of the vehicle assigned to the license plate number provided by the End User in the Application (the parking level or parking zone, where they entered). The End User may manually modify the parking level or parking zone identified by the license plate number recognition system (e.g. if it was incorrectly registered in the Application for some reason), and furthermore, they may also enter the exact parking space identified by a number in the Application. However, in this case, the navigation with the help of “Where did I park my car?” function is only able to direct the End User to a given parking level or parking zone, but the End User may only retrieve the exact number of the parking space, if it was previously registered manually in the Application.
6.2.3. Access to the “Where did I park my car?” function requires that Bluetooth on the End User’s mobile device is turned on and that the End User has enabled location tracking. Given that in the latter case the accuracy of positioning typically depends on the operation of third-party devices outside the control of the Service Provider, or on environmental conditions, the Service Provider shall not be liable for the inaccuracy of positioning, the End User must verify the result of the location services. Furthermore, inaccuracy in positioning may also result from the End User exceeding the permitted speed limit when entering the parking facility, therefore, the license plate number recognition system cannot read the license plate number accurately, and in this case the Service Provider shall not be liable for the inaccuracy of positioning.
6.2.4. [DELETED]
6.2.5. If a person with a cinema ticket interrupts parking (leaves the parking lot), the free entitlement does not continue even if the interruption occurs before the time specified in the information leaflet has elapsed. The End User (or another person with a cinema ticket) is entitled to free parking only if they start parking in the Etele Plaza parking lot no earlier than 30 minutes before the start of the respective cinema screening, and no later than 15 minutes after the start of the cinema screening (drive their car into the Etele Plaza parking lot). Parking started outside of this time frame is not eligible for the discount.
6.2.6. In the Application, the entitlement to free parking for the registered End User purchasing a cinema ticket is automatically recorded by the Application, and it is not necessary for the End User to separately validate it during or at the end of parking. (Discounted parking is also available for other persons with cinema tickets, besides the End User making the purchase, who can validate the discount at the Etele Plaza cinema box office or cinema buffet by presenting the cinema ticket.) Premium parking discounts offered by Life1 Fitness and Etele Cinema cannot be applied. Other occasional discounts for Premium parking can be applied as advertised.
6.3. Services offered by the “Etele Klub” Loyalty Program
6.3.1. Within the framework of “Etele Klub” loyalty program (“Loyalty Program”) the Service Provider wishes to reward the registered End Users for their loyalty, i.e. for their purchases and activities in Etele Plaza and in relation to some other circumstances (e.g. birthday). The Service Provider wishes to draw attention to the fact that it strives to continually extend the point collection options within the framework of the Loyalty Program (referred to as “ETELE Klub” in the Application), and not all planned point collection options will be available after the first launch of the Application.
6.3.2. Within the framework of the Loyalty Program, the End User may receive points that can be redeemed or converted into discounts in Etele Plaza (“Etele Point”). Etele Points may be obtained, collected, redeemed or be converted into discounts by the End Users through the Application.
6.3.3. The terms and conditions of participation in the Loyalty Program in force from time to time are included in the Annex attached to this Contract, while End Users will be informed about periodic point collection campaigns in notices sent by the Service Provider electronically (via e-mail).
6.4. Offering special discounts
6.4.1. The Service Provider, at its discretion and upon prior consultation with the affected stores operating in Etele Plaza provides special discounts (“Special Discount”) for certain products and services to those End Users that have granted their express consents in the Application to the Service Provider to collect, store and process their personal data for sending personalised offers based on their individual user profile, and the Service Provider will send such special discounts to End Users in electronic marketing messages. The individual parking discounts cannot be combined with other discounts; only one discount can be applied at a time.
6.4.2. The Service Provider sends the Coupon that virtually embodies the Individual Discount (the “Digital Coupon”), if the Individual Discount is provided in this form, by sending an electronic marketing message to the End User.
6.4.3. Electronic marketing message shall mean:
- electronic letter (e-mail) containing advertisement sent to the End User to the e-mail address provided in the Application,
- so-called “push” notification containing advertisement sent to the End User’s mobile device;
- “push” notification containing advertisement sent to the End User’s mobile phone based on their position, and
- advertisements published in the Application.
6.4.4. The nature and extent of the Individual Discount is recorded in the electronic marketing message or the Digital Coupon. Special Discounts may only be used during the time period specified in the electronic marketing messages (including the Digital Coupons) and in the stores operating in Etele Plaza as indicated in the electronic messages, and in relation to products or services available in Etele Plaza. In the event that Special Discounts are provided by a store operating in Etele Plaza as per the electronic marketing message, the Service Provider shall not be liable for the actual provision of the Special Discount, or for any damages arising from failure to provide such discount. The Special Discount cannot be combined with other discounts provided by the stores or by the Service Provider.
6.5. Purchasing Cinema Tickets and Cinema Buffet Products
6.5.1. Through the Application, the registered End User can initiate the purchase of cinema tickets at the cinema operating in Etele Plaza. The cinema service is not provided by the Service Provider but by the operator of the cinema, Cinext Ltd. (registered office: 1082 Budapest, Futó utca 47-53. VII. em.). The End User pays the price of the cinema ticket directly to Cinext Ltd. via the payment interface available through redirection from the Application, under the control of Cinext Ltd. (or a third party contracted by them). The Service Provider is not responsible for fulfilling the cinema ticket purchase or the cinema service.
6.5.2. Under this Service according to this section, the Service Provider undertakes to forward the End User’s request for purchasing cinema tickets to Cinext Ltd. After Cinext Ltd. notifies the Service Provider of the successful purchase and sends the purchased cinema ticket details to the Service Provider, the Service Provider displays a digital cinema ticket in the Application for the End User. The Service Provider also sends the digital cinema ticket to the End User’s registered email address through the Application.
6.5.3. Through the Application, the Service Provider may send reminders to the End User before the start of the cinema screening (based on the purchased cinema ticket).
6.5.4. The Service Provider undertakes to display the cinema tickets purchased by the End User through the Application to the End User in the Application until the registration is deleted, and to provide the discounts specified in this Agreement related to the purchase.
6.5.5. If the End User purchases cinema buffet products through the website operated by Cinext Ltd., the Service Provider displays the digital confirmation of the purchase in the Application based on the notification received from Cinext Ltd. The sale of buffet products is not handled by the Service Provider but by Cinext Ltd., and the End User pays the purchase price of the products directly to Cinext Ltd. The Service Provider is not responsible for the sale of products. The Service Provider displays the digital confirmation in the Application until the End User’s registration is deleted and provides the discounts specified in this Agreement related to the purchase.
6.6. Providing Information on Services Used in Etele Plaza
6.6.1. In the Application, the Service Provider makes information available to the End User regarding certain services used in Etele Plaza. Such information includes data related to the use of electric vehicle charging points located in the Etele Plaza parking lots, as well as data related to cinema tickets purchased according to section 6.5 and buffet products.
6.6.2. The Service Provider reserves the right to modify or discontinue the information published in the Application depending on changes in the range of services available in Etele Plaza.
7.Establishment and Term of the Contract
7.1. If the End User accepts the provisions of this Contract, and it is confirmed by the Service Provider electronically, the Contract is established between the Parties. In the case of Services Subject to Registration, acceptance shall mean that the End User has inserted a check mark in the Application indicating that they have read and understood the terms and conditions of the Service, and accept to be bound by its terms, once they previously downloaded the Application. In the case of Services Not Subject to Registration, the Contract is established by downloading the Application and by demonstrating implicit behaviour, and in this case the Service Provider confirms the establishment of the Contract by sending a message through the Application. A Contract established by electronic means shall not be considered a written Contract, and it shall not be filed by the Service Provider. The current version of the Contract is available in the Application, while previous versions can be requested from the Service Provider using any of the contact details provided in Subsection 14.1.
7.2. In the case of Services Not Subject to Registration, the Contract will enter into force by the End User’s acceptance thereof, after downloading the Application, and by the Service Provider’s confirmation provided by electronic means. In the case of Services Subject to Registration, the Contract enters into force by successful registration completed as per Subsection 3.5.
7.3. The Parties conclude the Contract for an indefinite period of time, without a binding minimum contractual period.
7.4. The scope of the Contract covers all information society Services provided through the Application.
8.Service Provider’s Liability for Damages
8.1. Having regard to the fact that the Services are accessible through the Application free of charge, regardless of the fact how damage was caused, the Service Provider shall not be liable to the End Users for any direct damages (affecting the subject of the Services) or any indirect damages caused by breach of this Contract.
8.2. The Service Provider shall not be liable for technical errors outside of its control (in particular for network connection failures, errors or outages caused by server computer performance, network overload, network congestion, shadowing or inadequate geographical coverage).
8.3. The Service Provider further disclaims any liability for any failure of the Application or the location or online payment platform provided by third party service providers, during which time they are not or only partially available, but will take all necessary measures to detect and eliminate the cause of the failure as soon as possible. The Service Provider shall not be liable, either, if the damage could have been avoided by downloading the latest publicly available version of the Application. Furthermore, the Service Provider shall not be liable for the conduct of the End User or of the stores and services providers operating in Etele Plaza.
8.4. The Service Provider does not warrant that the Application is error-free.
8.5. In the Application, certain Services are only available on the premises of Etele Plaza in Hungary.
8.6. The limitation under this Section 8 does not affect the Service Provider’s liability for intentional breach of contract or for breach of contract causing harm to human life, physical integrity or health.
9.Application Terms of Use
9.1. A The End User shall not infringe the rights and legitimate interests of the Service Provider or other third parties by the use of the Application, in particular such use shall not infringe:
- a) copyrights, trademark rights or other intellectual property rights;
- b) personality rights (another person’s reputation, honour, privacy, personal data, trade secrets, proprietary information etc.);
- c) any legal provisions.
9.2. The End User shall not compromise the proper IT functioning of the Application and shall refrain from any use that may compromise IT security and shall not engage in any activity that may facilitate an IT security attack or compromise of the Application or expose the Application to an IT security attack or compromise.
9.3. It is guaranteed by the End User that the data or content (e.g. picture, text etc.) provided or uploaded by them do not infringe the rights of other persons, in particular its public disclosure was permitted by the copyright or trademark holder, or in the case of personal rights, the affected person consented to the disclosure. In the event of infringing the provision set out in this section, the End User shall be liable for any resulting damages.
9.4. In the event that the Service Provider becomes aware of the fact, either based on information provided by a third party or otherwise, that any content made available by the End User through the Application is unlawful (e.g. infringes any right protected by copyright or trademark law, or is considered as libellous and defamatory content), the Service Provider will act according to Act CVIII of 2001 on Electronic Commerce and on Information Society Services, and will be entitled to remove the content in question, or to terminate access thereto. Within the legal framework indicated in this paragraph, the Service Provider shall decide, depending on the circumstances and technical possibilities of the alleged infringement, whether to terminate access to the content in question or to delete the content itself.
9.5. Ha a Szolgáltató If the Service Provider otherwise obtains credible knowledge that the rules of use set out in the Contract have been violated, it may permanently delete the infringing content and other data published in connection with it without terminating the Contract by way of a separate declaration. The Service Provider is not required to inform the End User about deleting such content in advance.
9.6. As the Service Provider does not have sufficient resources to monitor all of its End Users, and is not aware of all circumstances that may imply a potential infringement, therefore, the Service Provider is unable and is not required to monitor compliance with the terms of use.
9.7. Notwithstanding the provisions set out in Subsection 9.6, the Service Provider shall be entitled to check such use at any time on an ad hoc basis, or to monitor certain methods of use in the event of a larger number of recurrent abuse in order to prevent infringement of the terms of use.
10.Intellectual Work
10.1. Any trademark included in the Application shall only be used by the Service Provider and other third parties. The End User shall not be entitled to use or utilize otherwise these trademarks.
10.2. The Service Provider will be the copyright holder of any rights included in the Application, including its code, whether in the form of source code or object code, its graphic design and documentation.
10.3. The Service Provider will grant the End User a non-exclusive, geographically unrestricted right to use the Application for the entire duration of the copyright protection of the Application, starting from the installation of the Application on the mobile device owned by the End User.
10.4. Within the framework of the right of use under Subsection 10.3, the End User shall be entitled to install and run the Application on the Mobile Device for the purpose of using the Services provided under the Contract. The End User may not authorise the use of the Application by third parties or grant sub-licensing rights. The End User shall not be entitled to revise, reverse engineer, translate, or otherwise modify the Application in any way, unless they are authorised to do so subject to a non-derogatory provision of law.
10.5. Unless otherwise provided, the above right of use also extends to new versions of the Application made available to End Users during the fulfilment of the Contract, starting from the date when the version concerned is downloaded by the End User (i.e. from the date when it is installed on the mobile device owned by the End User).
10.6. The End User shall not be entitled to use the Application beyond and outside of the scope of this Contract.
11.Termination of the Contract
11.1. The Contract is terminated if the Service Provider terminates the operation of the Application according to Subsection 4.3.
11.2. In the case of Services Subject to Registration, the Contract will be also terminated, if the End User’s registration is cancelled, as of the date of cancellation.
11.3. The End User may send their request for cancellation of registration in writing to the Service Provider’s contact information specified in Section 14 (even by e-mail), The Service Provider shall delete the End User’s registration on the 30th day following receipt of the End User’s request, during which period the End User shall continue to be entitled to use all the functions of the Application. The request for cancellation may be withdrawn up to the 5th (fifth) day before the end of this 30-day notice period, in other words, if the End User submits their statement on withdrawal of the cancellation request to the Service Provider 25 days after their original request was received by the Service Provider, it is no longer possible to stop the cancellation process. The Service Provider will inform the End User about the cancellation of the registration, or about the acceptance of the statement on withdrawal of the cancellation request. After cancelling their registration, the End User will not be able to use any services subject to registration in the Application until a new registration is made, and even if a new registration is made, they will lose all discounts received under their cancelled registration.
11.4. The Service Provider will cancel the End User’s registration in the cases specified in the Contract, or if the End User, despite the Service Provider’s written notice sent to the End User’s e-mail address, fails to make any activity on the Application platform for a time period of more than two (2) years (the End User becomes inactive). In this respect, it is not considered an End User activity, if points are credited to the balance of its account within the framework of the Loyalty Program.
11.5. The Service Provider may cancel the End user’s registration with immediate effect, if the End User violates the provisions set out in this Contract.
11.6. The Service Provider shall subsequently notify the End User of the termination of the Contract at the electronic mail address provided by the End User.
11.7. The End User acknowledges that in the event that their registration is cancelled for whatever reason, or if the Contract is terminated for whatever reason, the Etele Points or any unused Special Discounts will be at the same time permanently deleted, the End User shall not be entitled to use those after the termination.
12.Unilateral Amendment of the Contract
12.1. Given that the Service Provider provides the Services through the Application to a large number of End Users at the same time, under the same terms and free of charge, the Service Provider reserves the right to unilaterally amend the terms of the Contract, including to introduce new features in or remove existing features from the Application.
12.2. The Service Provider will inform the End Users about any unilateral amendment in a timely manner, before such amendments enter into force.
12.3. In case of urgency, in particular in order to prevent abuse and to ensure the proper functioning of the Application, or in the event of a judicial or administrative decision, action or change in legislation, the Service Provider reserves the right to amend the Contract with immediate effect. In cases like this, it is sufficient if the Service Provider informs the end Users about the modifications subsequently.
13.Data Processing
13.1. In connection with the operation of the Application and the provision of the Services, the Service Provider will process the End User’s personal data provided by the End User or obtained through the use of the Application.
13.2. Information on the purpose, legal basis, duration of the processing of personal data within the framework of the use of the Application, as well as on the rights of End Users in relation to data processing, their legal remedies and the obligations of the Service Provider in relation to data processing is set out in detail in the Privacy Notice available in the Application.
14.Complaint Handling
14.1. The End User may send their potential complaints in relation to the Application or the fulfilment of the Contract to the following addresses designated by the Service Provider:
Name: Etele Plaza Üzemeltető Kft.
Postal address: 1082 Budapest, Futó utca 47-53. VII. em.
E-mail: info@eteleplaza.hu
14.2. If the End User does not agree with the handling of the complaint or if it is not possible for the Service Provider to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position on the matter concerned. The Service Provider will send the copy of such record to the End User.
14.3. The Service Provider will mark the complaints with unique identifiers.
14.4. The Service Provider will respond to complaints made by the End User within thirty (30) days of their submission (upon receipt by the Service Provider).
14.5. If complaint handling has not been carried out to the End User’s satisfaction or the End User’s complaint has been rejected, the End User who is a consumer may initiate proceedings before the Conciliation Board of the county (metropolitan) chambers of commerce and industry of the End User’s county of residence or place of stay. The End User can find information on the jurisdiction of each conciliation body at www.bekeltetes.hu.
14.6. If the Service Provider has violated the rights granted to End Users who are consumers in the course of complaint handling, the End User may turn to the competent metropolitan or county government office of their place of residence. The contact details of the Metropolitan Government Office and the county government offices can accessed at http://www.kormanyhivatal.hu/hu/elerhetosegek. If the End User wishes to bring a complaint to the Conciliation Board, they may do so by contacting the following body:
- Pest County Conciliation Board
- Registered office: 1119 Budapest, Etele út 59-61., 2nd floor No. 240
- Postal address: 1364 Budapest, P.O.B. 81
- Telephone: 06 1 2690 703
- E-mail: pmbekelteto@pmkik.hu
- Website: http://www.panaszrendezes.hu/homepage/
14.7. The procedure for handling complaints about data protection is set out in the Service Provider’s Privacy Notice available through the Application.
15.Miscellaneous Provisions
15.1. The Contract contains the entire agreement of the Parties with respect to the relationship contemplated hereby and supersedes any prior oral, written or implied agreement established previously.
15.2. The Contract shall be governed by Hungarian law. The official language of the Contract is the Hungarian language.
15.3. If any provision of the Contract is or would become invalid, unenforceable or unenforceable, the other provisions of the Contract shall not be affected unless the Parties would not have entered into the Contract without the invalid provision. In such a case, the Parties shall use their best endeavours to replace the invalid or unenforceable provision by a provision which comes closest to the economic contents of the invalid or unenforceable provision.
15.4. The Annex attached to the Contract forms an integral part thereof (Rules of the “Etele Klub” Loyalty Program).