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Terms of Use


As of October 3, 2017


The present Terms of Use regulates the operation of the website nilsay.in (hereinafter referred to as „Website”) operated by the company NILS ID Korlátolt Felelősségű Társaság (seat: 2141 Csömör, Tinódi utca 32/D, registry number: 13-09181314, tax number: 25560927-2-13, hereinafter referred to as: Nilsay), as well as the rules of making use of the services provided by the Website, the rights and obligations of the Users.


By commencing the use of Website -that is making use of any of the services provided by the Website, or by visiting the Website – User shall irrevocably accept all the provisions of the Terms of Use as well as the Privacy Policy, and shall consider them legally binding.

Nilsay is entitled to unilaterally define the services provided by the Website, the functions of the Website, its structural and graphical elements, as well as the technical solutions used by the Website. User takes notice of the fact that it is entitled to make use of the Website and its services in a given state provided by Nilsay.

The provisions of the present Terms of Use are without prejudice to the right of Nilsay to unilaterally modify the present Terms of Use as well as the Privacy Policy. User shall accept the modification(s) by making use of the Website.

User shall use the Website at its own risk and peril.


Basic definitions:

User: The person making use of the services of the Website including the visitors of the Website.

Nilsay: NILS ID Korlátolt Felelősségű Társaság (seat: 2141 Csömör, Tinódi utca 32/D, registry number: 13-09181314, tax number: 25560927-2-13, and the person(s) acting on its behalf.

Website: The website nilsay.in operated by Nilsay.


I.            General terms and the conditions of registration, the registration procedure

A/    General terms

1.          The present Terms of Use is drafted in English. The contracts under the effect of the present Terms of Use shall be drafted either in Hungarian, English or German. User declares that it has the sufficient knowledge of at least one of the above mentioned languages to use the Website.

2.          User is entitled to visit the Website and make use of some of its services free of charge, however, some other services indicated in the present Terms of Use or on the Website are only available for the payment of a fee.

3.          The present Terms of Use is published on the Website, is available for everyone, as well as may be downloaded in Pdf format.

4.           The contract established between Nilsay and User under the effect of the present Terms of Use shall considered to written contracts in accordance with Art. 6:7. Sec. (3) of the Hungarian Civil Code, which means that the content of the contractual declarations may be recaptured, the time of the declaration and the person making the declaration may be identified. Such contracts are recorded by Nilsay. The contracts are available on request of the User.

5.          The provisions of the present Terms of Use shall considered to be general contractual terms in accordance with the provisions of the Hungarian Civil Code. Should any deviations between the provisions of the present Terms of Use and the individual contracts occur, the provisions of the individual contracts shall prevail.

6.          Nilsay is considered to be an intermediary service provider with regards to the content uploaded by User or a third party under the provisions of the Act. No. CVIII. of 2001 on the electronic trade services and the services related to the information society.

7.          In matters not explicitly mentioned in the present Terms of Use the Hungarian laws in effect shall prevail. Nilsay and User agree on the use of the Hungarian law as well as the jurisdiction of the Hungarian Courts. Furthermore, Nilsay and User agree on the jurisdiction of the Budai Központi Kerületi Bíróság (District Court of Central Buda) in cases being in the competence of the district courts and the Székesfehérvári Törvényszék (General Court of Székesfehérvár) in cases being in the competence of the general courts.

8.          Nilsay obliges itself to provide the availability of the Website continuously, 24 hours a day, 365 days a year, except in cases as follows:

-          the intermission in the operation of the Website due to maintenance works.

-          the intermission in the operation of the Website due to reasons outside the influence of Nilsay, which are not foreseeable and not avertable (force majeure). Especially, but not exclusively the following cases are considered to be cases of force majeure: War, revolution, natural disaster, not foreseeable political events and government actions.

-          intermission in the operation of the Website due to the effect of vulnerable programs / viruses placed on the Website by a third party without the approval of Nilsay.

9.       User declares and warrants for the fact, that it is capable of acting according to the law, as well as entitled to make use of the service or buy the product offered by the Website on its own, or on behalf of other third parties by authorization.

10.       User is entitled to cede any of its claims resulting from legal relations under scope of the present contract only with the preliminary written approval of Nilsay.

11.       Nilsay receives the complaints with regards to the operation of the Website as well as the services provided by the Website on the contacts indicated below. The complaints will be investigated within a time period prescribed by the law. Nilsay may inform User about the complaints by e-mail.

12.       The activity of Nilsay is not under the effect of any Code of Behavior.

13.       User is entitled to the correction of the data input errors, which shall take place as it is indicated on the Website. Furthermore, all the necessary technical steps of establishing a contract are available on the Website.

14.       User – if it is considered to be consumer – is entitled to contact the Reconciliation Committees operating by the regional chapters of the chambers of commerce and trade, if a consumer legal dispute arises.

B/     Conditions of registration

1.        User is entitled to visit the website as well as access to some of the services of the Website, however it shall only gain access to the online dating service or services closely related to it after a preliminary registration.

2.        The preliminary shall take place on the opening page of the Website by providing the data indicated there. User is entitled to register by using its Facebook account as well.

3.        In order to register, User shall fulfill the following criteria:

-             being a real, natural person

-              being over 18 years of age

-              not legally-binding convicted as a delinquent for crimes indicated in chapter XIX. (crimes against the freedom of sexual life, sexual morality) of the Act. C. of 2012 (Criminal Code)

-              dispose of an unrestricted (not restricted by the law) capability to make use of the services of the Website.

 

User declares and warrants for the fact that no personal fact or circumstance exist, which may – either by the provisions of the Hungarian Law, or the law of its country of citizenship, or the law of the country from which it regularly visit the Website –not allow User to make use of the services of the Website.  This provision shall extend to such legal provisions which prohibit User to make use of the services, or which may require other or further criteria in that matter.

Should Nilsay notice the above mentioned excluding criteria after the registration, Nilsay is entitled to cancel User’s registration without further justification, with the simultaneous notice of User mentioning the fact.

4.        Nilsay reserves its rights to reject User’s registration as well as to cancel the existing registration without any justification.

5.        Further condition for the registration is the acceptance of the provisions of the present Terms of Use as well as the data protection rules of the Privacy Policy.

6.        The data provided by User shall not include the personal data of User, including its address, phone number, e-mail address, URL, as well as expressions considered to be obscene or provocative.

7.        The password chosen by User shall not include the personal data of User, including its address, phone number, e-mail address, URL, as well as expressions considered to be obscene or provocative.

8.        User shall preserve the secrecy of the chosen password. Should User fail to fulfill this obligation, Nilsay excludes its liability for any damages arising from such conduct.

9.        User takes notice of the fact that it is entitled to register only on its own behalf.

10.      A User shall only have 1 (one) registration simultaneously. Should User violate this provisions, Nilsay is entitled to cancel all the existing registrations of User without any further justification, with the simultaneous notice of User.

11.      User is not entitled to transfer its registration to another person.

12.      With the registration User undertakes the responsibility that the data provided in the course of the registration, as well as the content uploaded and the information shared with a third party on the Website is real and valid. Nilsay shall not be held liable for the lack of validity of such information, only User shall be held liable for the damages caused by the lack of validity to Nilsay or a third party.

13.      Nilsay undertakes to provide that the registration of Users shall comply with the provisions of the Terms of Use as well as the requirement of validity, however Nilsay shall not be obliged to control all Users in details. As a result of it, User takes notice of the fact that it may occur that other registrations as well as data and other information provided in the course of the registration or after that may not always considered to be real and valid.

14.      User is entitled to cancel its registration any time without any justification on its own profile. By cancelling the registration, the rights and obligations as User shall cease to exist.

15.      Should User decide to inactivate its registration for a period of time, then it is entitled to do so any time. User is entitled to reactivate the registration any time. The inactive registrations shall be cancelled after 1 (one) year of inactive state.

C/     The registration procedure

1.        The registration shall take place on the main, opening page of the Website in a way that User provides its gender and the gender of the person it is looking for. After that User shall provide the e-mail address it intends to use. This segment of the registration shall be closed by using the „Registration” button. An e-mail will be sent to the e-mail address provided, which includes a link for the purpose of activating the registration. User has 10 days to activate the registration, after the expiry of the mentioned deadline, User shall commence the whole procedure of registration once again. User is entitled to use its profile until activating the registration.

2.        User is entitled to register by using its Facebook profile as well. In this case User shall use the „Facebook registration” button. Nilsay shall not considered to be a contracting partner in any of the legal relationships between User and Facebook, as well as Nilsay shall not examine the validity of User’s Facebook profile.

III.    Intellectual property rights.

1.        User in general shall only use the Website or part of the Website or any element or content being part of it in accordance with the provisions of the present Terms of Use or with the explicit preliminary written permission of Nilsay.

2.        The Website and all the related applications, software, documentation, source codes and other codes, graphical, texture and other materials including the designation „Nilsay„ and the domain „nilsay.hu” are considered to be works protected by the Act. LXXVI. of 1999 on copyright. The Website and its above mentioned elements are in the sole property of Nilsay, as well as Nilsay is entitled to all the property rights based on copyright. These designations shall not be used by a third party without the explicit and preliminary consent of Nilsay, nor they are allowed to spread and publish them.

3.        The Website as well as all the patents, copyrights, protected utility models, trade secrets, know-how and other intellectual property rights are considered to be in the exclusive property of Nilsay and remain in there independent of whether they are registered or acknowledged by the country where the Website is situated.

4.        User undertakes – considering the property rights, copyrights and other intellectual property rights of Nilsay – not to remove any content from the Website.

5.        User shall not take any such measures or conduct, or take part tacitly in conduct, which may infringe the intellectual property, property or other rights of Nilsay, or in a conduct, through which User may acquire any rights related to the website.  

6.        All the rights, new software, system version or results – including the development and further development of the Website - related to the multiplication, translation, modification, transformation of the Website, as well as the deciphering and cracking of its source code, and all the other products originating from the Website constitute the property of Nilsay, therefore all the above mentioned conduct shall only be carried out with the permission of Nilsay.

7.        Nilsay is entitled to the protection of the database owners under the provisions of the Act. No. LXXVI. of 1999 on copyright with regards to all the collected data, content and other information available on the Website. The publication of the content of the whole database or part of it requires the preliminary written approval of Nilsay.

II.      Information about the services provided by Nilsay as service provider to Users considered to be consumers (Consumers) with regards to the contract established between service provider and consumer.

          Name of the service provider: NILS ID Korlátolt Felelősségű Társaság

          Seat of service provider, place of its business activity, postal address, other information: 2141 Csömör, Tinódi utca 32/D, registry number: 13-09181314, tax number: 25560927-2-13,

          The total amount of the counter performance, including taxes and other eventual costs arising:

Information on the total amount of counter performance provided by the Website shall be found in the present Terms of Use and on the Website.

          In case of a contract established for an indefinite time period or a contract including subscription to services:

The fee indicated by Nilsay contains all the costs related to the service.

          The fee applicable for the use of the technical equipment used for the establishment of the contract:

Such fee does not exist

          The conditions of performance, especially the payment and the performance deadline, and the complaint management methods of Nilsay:

The present Terms of Use contains the necessary information.

          Exercising the right of rescission and termination:

The User considered to be a consumer by the law is entitled to recede from or terminate the contract with a notice period of 14 days in accordance with the Article 20 of the Government Decree 45/2014. (II. 26.) on the detailed rules of the contracts established between business entities and consumers, if the consumer made use of the services in return for the payment of a fee.

User is entitled to recede from or terminate the contract aimed at the services available on the Website within 14 days of the establishment of the contract.

The deadlines for the providing of the service as well as the commencement of the providing of the service may only be kept by Nilsay, if User - as the person making use of the service – in a separate declaration declares that it intends to make use of the service and gives consent to Nilsay to commence the providing of the service before the expiry of the deadline of 14 days prescribed by Clause b) Section 2 of Article 20. of the Government Decree with the condition that User is not entitled to recede from the contract within 14 days of its establishment, however it is entitled to terminate the contract in the course of the contract being in effect until the performance of the whole service by Nilsay, after which User is no longer entitled to the termination of the contract.

User shall exercise its right of rescission or termination either with the declaration being Annex 2. of the above mentioned Government Decree, which may be found as Annex 1. of the present Terms of Use, or by any other unambiguous declarations, which shall be delivered to the postal address or e-mail address indicated in the present Terms of Use. The exercise of such rights takes place on time if they are sent within the period defined by the previous section. User shall prove whether the rescission or termination of the contract took place in accordance with the provisions of the present section.

Should User exercise its rights prescribed by the present clause, Nilsay shall immediately but no later than within 14 days of the delivery of the above mentioned declaration reimburse the whole amount of the counter performance of User including the costs arisen in connection with the performance. In the course of the reimbursement, Nilsay shall use the payment method used previously during the original transaction except in case of a permission on behalf of User to the use of an alternative payment method, in which case the consumer shall not be charged with an extra fee as a result of it.

Should User exercise its right of termination, Nilsay is entitled to the value of the services provided until the time of termination, the value of the service exceeding that amount shall be reimbursed to User. In the course of the settlement, the proportional amount to be paid by User shall be counted based on the total value of the service supplemented with the amount of taxes. Should User prove that the whole amount is considered to be too high, the proportional amount shall be counted based on the market value of the services performed until the termination of the contract. By designating the market value, the value by the time of the establishment of the contact of the similar services provided by undertakings pursuing similar activity shall be taken into consideration. User shall reimburse the reasonable costs of Nilsay, if the performance was commenced at the preliminary request of User, and the termination takes place after commencing the providing of the service.

          The consumer is not entitled to recede from or terminate the contract:

Should consumer make use of services, it is not entitled to recede form the contract, however it is entitled to terminate it within 14 (fourteen) days of the commencement of performance. The rules of rescission shall apply for the termination of the contract as well. Consumer declares that the performance has been commenced by Nilsay with its consent and may forfeit the right of termination with the performance of the whole service.

          Warranty and product guarantee:

Warranty

Consumer is entitled to enforce claim of warranty in case of lack of conformity in the performance on behalf of Nilsay in accordance with the provisions of the Civil Code.

Lack of conformity means when the obligor’s performance at the delivery date is not in compliance with the quality requirements laid down in the contract or stipulated by law. The obligor is not liable for any lack of conformity if, at the time of the conclusion of the contract, the obligee knew or should have known the lack of conformity In connection with contracts that involve a consumer and a business party, in the absence of proof to the contrary, any lack of conformity detected by the consumer within six months of the date of performance shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the thing or the nature of the lack of conformity On the basis of a contract in which the parties owe mutual services to one another, the obligor shall be liable to provide warranty for lack of conformity.

On the basis of warranty rights, the obligee shall have the option to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the obligor as compared to the alternative remedy. The obligee shall also have the option to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the obligor’s expense, or to withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfill that obligation, or if repair or replacement no longer serves the obligee’s interest. The obligee is not entitled to withdraw from the contract if the lack of conformity is minor.

The obligee shall be entitled to switch from the warranty right he has selected to another. The cost of switch-over shall be covered by the obligee, unless it was made necessary by the obligor’s conduct or for other reasons.

Consumer shall be required to inform Nilsay of any lack of conformity without delay. In the case of contracts that involve a consumer and a business party, if notification of the lack of conformity is made within two months of the time it is detected, it shall be deemed to have been made in good time. The obligee shall be liable for any damage that results from late notification. In connection with contracts that involve a consumer and a business party, the obligee’s right to warranty shall lapse after two years from the delivery date.

Product guarantee:

In connection with contracts under the scope of the present Terms of Use, Consumer is not entitled to enforce product guarantee claims against Nilsay.

          The customer service of Nilsay and its other services for the period after the sale as well as the existence of commercial guarantee and its conditions:

Consumer shall request information about the products by using the phone numbers and e-mail addresses indicated in the present Terms of Use and on the Website.

          The availability of a Code of Conduct pursuant to the act on the unfair business practices against consumers, and the procedure of requesting a copy of such code.

Such Code of Conduct is not available therefore it is not possible to request a copy of it.

          In case of contracts established for a definite period the duration of the contract, in case of contracts established for an indefinite period the conditions of the termination of the contract.:

Information in this regard – if it is relevant with regards to the given product or service – is available in the present Terms of Use or on the Website.

          In case of a contract established for a definite period of time, which may be transformed into a contract for an indefinite period, the conditions of the transformation as well as conditions of the termination of the transformed contract:

No such case exists.

          The shortest time of the Consumers obligations according to the contract:

User is entitled to cancel its registration on the Website any time. The shortest time of the consumers obligation in case of services with a counter performance shall be found in sections of the present Terms of Use dealing with the given service, or on the Website.

          The providing and the conditions of a deposit or financial security payable by Consumer at request of the business entity:

No such deposit or financial security exist.

          The functioning of the digital data as well as the technical protection measures:

In the course of the operation of the servers and other equipment operated by Nilsay (not included the infrastructure, on which Nilsay does not have influence) all necessary and reasonable measure shall be taken by Nilsay, as well as the sufficient level of IT and other protection of the instruments shall be provided. Furthermore, Nilsay shall take care of the proper placement and storage of the instruments connected with the digital data and the data itself.

          The ability of the digital data to cooperate with hardware and software:

The Website may cooperate with all the regularly used and widespread web browsers and operation systems, and may be visualized on mobile devices (cell phone, tablet).

          The possibility to make use of the compulsory method prescribed by the law or decided by the business entity to treat the complaints and settle disputes, and the availability of them:

Consumers shall contact Nilsay primarily in a written form with their complaints, who is undertaking all the possible measure to eliminate the breaches of law. Nilsay and Consumer shall settle their legal disputes primarily in an amicable, out of court, through negotiations. Should the negotiations fail to produce a favorable outcome, Consumer is entitled to turn to authorities, courts or the conciliatory boards as prescribed by the law and the present Terms of Use.

·         The possibility of making use of the Reconciliation Committees, the Reconciliation Committee as of the seat of Nilsay.

The following legal disputes are in the competence of the Commitees: the out of court settlement of disputes between consumer and a business entity related to the quality, safety of the product, the rules of the product guarantee, the quality of the service provided, as well as the disputed case concerning the establishment and performance of a contract (consumer dispute): for this purpose the attempt to compromise, failing to reach a compromise make a decision in order to provide the consumer the enforcement of consumer rights in a simple, fast and cost effective way. The boards give advice on request of the consumer or the business entity concerning the rights and obligations of the consumer. The proceedings at the board shall commence only if consumer has already attempted to settle the dispute with the given business entity directly. The proceeding shall commence with the request of the consumer, which shall be submitted in a written form to the chairman of the board. The Committee of competence determined by the seat of Nilsay: Pest Megyei és Érd Megyei Jogú Városi Kereskedelmi és Iparkamara mellett működő Békéltető Testület (Pest Megyei Békéltető Testület, Reconciliation Committee of Pest County).

V.            Rules of uploading content on the Website

1.        User is authorized to upload any content on the Website which is in accordance with the general aim and topic of the Website. Any content which is not in accordance with the above mentioned rules, may be removed by Nilsay without any notification.

2.        Nilsay is authorized to control any information uploaded on the Website however it is not considered to be an obligation.

3.        The rules with regards to the upload of content may extend to the advertisements placed on the Website by User or other third party. The rules regulating the upload of content shall extend to all the messages, data or other information published by User on the Website as well as the communication carried out on the interface of the Website available for other users. Where the present Section V mentions the upload of content, the above mentioned message, data or other information, as well as communication shall be meant.

4.            It is prohibited to upload the content, which is:

·         carries out breach of law, or is against the general moral principles.

·         undertakes criminal activity.

·         breaches the goodwill or other personality rights of Nilsay or a third party, or is capable of doing so.

·         breaches the trade secrets of Nilsay or a third party.

·         includes obscene expression(s).

5.        It is prohibited to upload any content, which is considered to be a breach of the provisions of the Act XLVIII. of 2008 on the general conditions and restrictions of business commercials, with special regards to commercials, which are considered to be:

·           violent, or promoting a conduct endangering the personal or public safety

·           promoting sexual services

·           related to a product, which is not allowed to be produced or distributed by the law

·           able to deceive the customers

·           promoting firearms, ammunition, explosives or any devices, which may pose an exceptional hazard to public safety

·           direct or indirect promotion of tobacco products

·           promoting the participation of minors in gambling activities

·           promotion of alcoholic beverages on the opening page of the Website

·           infringement to the goodwill of the company name, products, trademarks or other labels of other business entities

·           cause confusion of the User with regards to make difference among the advertiser and any other business entities carrying out identical or similar activity, or their company names, products, trademarks and other labels

·           leading to fraudulent advantage from the use of company names, products, trademarks and other labels, or infringes the products of any business entities other than the advertiser or the restraint on counterfeiting their characteristics as it is stated in Article 6 of the Act. LVII. of 1996.

6.        User is solely responsible for the validity of the uploaded content. Nilsay hereby excludes its liability explicitly in this regard.

7.        It is prohibited to upload or publish any content, which may endanger the proper operation of the Website with special regards to the content and software(s) used by the Website.

8.        User is entitled to – if the upload of advertisements are allowed by Nilsay – to define the category of the advertisement, however Nilsay – if it decides that the category provided by User does not properly reflect the characteristics of the advertised product and service is entitled to transfer the advertisement into an alternative category.

9.        User takes notice of the fact the place and order of the advertisements uploaded by the User on the Website are determined by the IT system used by the Website, User is not entitled to define these parameters.

10.      It is forbidden to place or publish any content on the Website, which may infringe the copyright or related rights or any other intellectual property rights of a third party. It is also forbidden to upload any photos which may originate from other websites or catalogs and were not made by User. This content may be deleted by Nilsay after gaining knowledge of the above mentioned characteristics without any prior notification. Nilsay excludes its liability for the breach of the above mentioned rights on behalf of User.

11.      Nilsay is entitled to summon User to modify the given content without any justification or further explanation. In case of the default in the above mentioned on behalf of User, Nilsay is entitled to delete the content without further justification or explanation.

12.      Without the prior permission of Nilsay or a separate agreement in this regard, the open and under cover advertising of other websites or services, as well as the publication of a call for the establishment of a contract on other person’s behalf or representing other person is prohibited.

13.      Nilsay excludes its liability for damages or disadvantageous results, which may caused as a result of the breach of provisions of Section V.

14.      Nilsay informs User that there is a so-called „automatic filter system” on the Website, which may send warnings to Nilsay, if it detects obscene or indecent words and expressions. However, Nilsay is not be held liable for the system’s failure to detect the given word or expression.

VI.     Limitation of liability

1.        Nilsay shall intend to provide User the Website and the services available on the Website in the best available quality, however, Nilsay excludes its liability about the fact whether or how much the Website and the services available on it comply with the expectations, aims or personal preferences of User.

2.        Nilsay shall not be held liable for the validity of the registration on the Website, the correctness of the data and information on the Website and for the damages and other harmful results by User or a third party resulting from the use of such data or information.

3.        Nilsay provides surface on the Website for Users to contact each other for the purpose of dating, however, it shall not take part at the relationship between its Users. For this reason Nilsay shall not be held liable for the validity of the data provided by the Users as well as for any of the shared information, photo or other content. Furthermore, Nilsay shall not be held liable for the fact whether the dating conducted is considered to be successful by User.

4.        Nilsay shall not be held liable for the material or non-material damages or other harmful results of User caused by other users of the Website or other third party. Nilsay shall to be held liable especially for the breach of personality rights of third parties caused by User, which breach of rights was conducted by using the Website for sending messages to a third party.

5.        User takes notice of the fact that if its conduct breaches the provisions of the present Terms of Use or rather the legal provisions in force and that conduct causes damages or other harmful effects to Nilsay, it shall recompense the damages and shall relieve Nilsay from the harmful effects and results. Furthermore, User shall relieve Nilsay from paying the damage in the case if a third party suffer damages due to the conduct of User and that third party is enforcing a claim against Nilsay.

6.        Nilsay shall not be held liable for the results which may not belong to the activity of Nilsay being subject of the present contract. Nilsay shall not be held liable for how and what purpose User or third party use the Website – especially with regards to the fact whether User or a third party act in the course of the use of the Website in accordance with the laws and contracts.

7.        Nilsay is not considered to be a contracting party in any contracts established between User and a third party by using the services of the Website in any form, therefore it shall not warrant for any claims arising from such contract, with special regards to claims of warranty, product guarantee and damages. The effect of the present Terms of Use shall extend to such contracts to such extent that is explicitly mentioned in the present Terms of Use.

8.        Nilsay – with regards to the fact that is not considered to be a contracting partner in contracts established between User and a third party – shall not warrant for the characteristics or traits of any products or services advertised or made available by a third party or in connection with the fact whether the products or services provided by the third party correspond with the expectations of User.

9.        Nilsay shall not to be held liable for any damages or results, which arise from User not fulfilling its obligation with regards to the secrecy of the password.

10.      User shall not be held liable for the damages to third parties caused by the databases connected to the Website by User, by the databases created by User on the Website, or any data placed on the Website by User. For the above mentioned damages, only User shall be held liable.

11.      Nilsay shall not be held liable for the damages or harmful effects to User or a third party or rather a delay having a harmful effect on such persons, which result from unavertable causes, outside of its influence (force majeure). Especially – but not exclusively – war, natural disasters, weather events other political events, strike, governmental measures are considered to be such events. Nilsay shall not be held liable for damages as well as other harmful effects in the case, if the events of force majeure impede its subcontractors, fulfillment assistants as well as other persons cooperating.

12.      Nilsay shall not be held liable for the damages or harmful effects caused by programs of applications operated by a third party available on the Website.

13.      Under „Articles” point in the Website Users may find articles dealing with the topic of dating and relationships. User takes notice of the fact that the advice and proposals are of informational nature, they are not considered to be professional advice, Nilsay shall not be held liable for their content as well as their use in practice and the results of their use.

14.      Should User suffer damages of which Nilsay shall be held liable, then Use ris entitled to enforce its claims against Nilsay up to a total value of HUF 500,000. User shall inform Nilsay – if the law does not prescribe a shorter period of statute of limitation or enforcement - within 6 (six) month of the occurrence of the damage or of the time User get acquainted with the damage in a written form. Should User fail that deadline, Nilsay shall not be held liable for the damage. This provision does not extend to damages caused by Nilsay intentionally.

15.      User explicitly waives its right – to an extent allowed by the law – to enforce damages or other claim in connection with the present contract. The provisions of the present clause authorize the managers of Nilsay to directly refer to this restriction. 


VII.   Other obligations of User during the Use of the Website

1.        User shall inform Nilsay without any delay, if it detects any operational defect of the Website, in the context of which it shall inform Nilsay of all the related circumstances as well as information. User shall cooperate with Nilsay in order to identify the defect and its causes as well as to eliminate the defect.

2.        User shall provide the adequate hardware and software for the use of the Website.

3.        User shall take of the saving and adequate storage of programs and data situated on its equipment. For the loss, malfunction, decline in applicability and all the harmful effects arising from these Nilsay shall not be held liable. Furthermore, Nilsay shall not be held liable for the damages or other harmful effects caused by the applied hardware or the not adequate operational environment.

4.        User shall take all the possible measure to prevent viruses or other programs harmful to the Website impeding the operation of the Website. Nilsay shall not be held liable for the damages or harmful effects to User or a third party caused by the use of viruses or other programs.

VIII. The services available on the Website (free of charge or for the payment of a fee), payment methods and conditions

1.        User is entitled to use the Website as well as make use of some of its services, however, some services are only available for the payment of a fee.

2.        Nilsay provides the opportunity for User to make use of the payable services of the Website free of charge for a 1 (one) week period of time. The effect of that provisions does not extend to the service „validation service” as well as the so-called „Enhancement” service as well as the service which enables User to visit the other User’s profiles anonym, as other users are not able to identify it.

3.        The following services are only available for the payment of a fee:

·           „Partner recommendation”;

·           „Ideal partner”;

·           Other services indicated on the Website.

4.        Nilsay provides for the payment of the fee indicated on the Website the so-called „validation service”. By making use of this service User shall provide its personal identity card (sending its copy by e-mail), which provides the opportunity to certify that it is identical with the person registered on the Website as well as the photos uploaded depict User. Should Nilsay declare that the uploaded photos depict the person made the registration, then the photos of User will be affixed with a „Nilsay” script. User takes notice of the fact that although Nilsay intends to identify the users as accurately as possible, it does not guarantee that the identification will considered to be successful.

5.        Should User decide that it feels sympathy towards another User, it may use the „Sending sympathy” button to establish contact with the other user. The acceptance of this message on behalf of the other User is considered to be a condition to establish contact.

IX.     Special services provided on the Website

A/     “Virágneked” service

1.        User is entitled to make use of the services indicated on the Website of the website viragneked.hu operated by SMUZVIRAGNEKED KFT. (seat: 1055 Budapest, Kossuth Lajos tér 18., Registry number: 01-09-199292, Tax number: 25092309-2-41) by buying credit points.

2.        User shall accept the general terms and conditions of the service provider when making use of the service.

3.        Nilsay shall not be held liable for the characteristics, quality of the service or with regards to the fact how the service corresponds with User’s expectations. Nilsay is not considered to be a contracting party in the contract between Nilsay and service provider, therefore any warranty or other claims defined by the Civil Code based on the characteristics and state of the product shall not be enforced against Nilsay.

4.        Nilsay shall not take part in the delivery of the ordered product to User in any form.

5.        Nilsay shall not be held liable for any damages or other harmful effects to the product or to User or a third party occurred in the course of the delivery of the product or in connection with it.

6.   User shall act prudently by choosing the recipient of the ordered product. Nilsay does not          want to take part at any legal disputes or disagreement between User and the recipient of          the product.

X. Invoicingand payment

        1. The following payment method are available:

  • Paypal

  • Card payment (on the service provided by OTP Bank Inc.)

        1. The fees are available on the Website at the given service. The indicated amounts include the value of the value added tax.

        2. Detailed information about the card payment is available: Here

        3. Nilsay shall issue electronic invoice of the payment. With the order of the given service, User waives its right to demand an invoice in paper form.

XI.          Protection of personal data

1.        The protection of data, and in connection with that the rights and obligations of the Contracting Parties are regulated by the present chapter, the Privacy Policy and the provisions of the Act No. CXII. of 2011 on freedom of information and the right of informational self-determination.

2.        The User declares by making use of the services of the Website that it got acquainted with the content of the Privacy Policy, took notice of, and gives explicit consent to the data control of its personal data stipulated there for the purpose of making use of the services of the Website.

3.        User takes notice of the fact that Nilsay is entitled to control the data necessary for the issue of invoices to an extent and for a time period defined by the Law No. C. of 2000 on public accountancy even in the case if the purpose of the data control is otherwise expired.

4.     Nilsay undertakes all the necessary measures for the protection of personal data.


XII.   Sending marketing messages

 

1. In case of an explicit consent of User made on the Website, Nilsay may send messages considered to be as commercials according to the Act XLVIII of 2008 about the conditions of and restrictions related to business commercials by e-mail, which may contain information about the products and services distributed by either Nilsay or its contractual partners.

2. User is entitled to rescind that consent any time.

3. User takes notice of the fact that in case of messages concerning the products and services of the contractual partners, no offer to establish a contract is made by Nilsay, nor has Nilsay any intention to establish a contract with User with regards to these products and services.

4. Nilsay shall exclude its liability for the content, characteristics of the products and services provided by its contractual partners, as well as the content of the message considered as a commercial.

Contactdetails of Nilsay:


NILSID Korlátolt Felelősségű Társaság

seat:2141 Csömör, Tinódi utca 32/D,

registrynumber: 13-09181314,

taxnumber: 25560927-2-13

Courtof registration: Budapest Környéki Törvényszék Cégbírósága


Costumerservice: company@nilsay.com


Datastorage provider

Name: Google Ireland Limited (Google Clouds Platform)

Address:Gordon House, Barrow Street, Dublin 4, Ireland

Emailaddress: nilsay.company@gmail.com


Identification number of data control for the purpose of customer relations:

NAIH-108729/2016

Identification number of data control for the purpose of sending newsletters:

NAIH-108513/2016

Identification number of data control for the purpose of organizing a promotion contest:

NAIH-108512/2016


Supervisoryand other relevant organizations:


Gazdasági Versenyhivatal (Competition Office): 1054 Budapest, Alkotmány u. 5.
Address: 1245 Budapest 5. Pf. 1036
Tel: (1) 472-8900; Fax: (1) 472-8905
(incase of consumer protection issue)


Nemzeti Média- és Hírközlési Hatóság Hivatala (National Media and Broadcast Authority):
H-1133 Budapest, Visegrádi u. 106.

Address:1376 Budapest, Pf: 997.
Tel: 36 1 468 0500; Fax: 36 1 468 0680
E-mail: info@nmhh.hu


Contact details of consumer protection departments of territorial government offices


http://fogyasztovedelem.kormany.hu/teruleti

(the quality related complaints of consumers)


The Conciliatory Board pursuant to the seat of Nilsay:


Pest Megyei és Érd Megyei Jogú Városi Kereskedelmi és Iparkamara mellett működő Békéltető Testület (Pest Megyei Békéltető Testület, Reconciliation Committee of Pest Country)

Address:1119 Budapest, Etele út 59-61. II. em. 240.

Correspondanceaddress: Pest Megyei Békéltető Testület 1364 Budapest, Pf.: 81

Tel/Fax: (+36-1)269-0703, (+36-1) 784-3076

E-mailaddress: pmbekelteto@pmkik.hu


Annex 1.


Sample: Declaration of rescission/termination


(fillin and return only if the rescission form/termination of the contractis intended)

Recipient:3

Undersignedhereby declare that we make us of our rights ofrescission/termination with regards to the contracts providing theproducts/services as follows:

Timeof the establishment of the contract/delivery:5

Nameof the consumer(s):

Addressesof consumer(s):

Signatureof consumer(s)(only in case of a declaration in paper form):

Date:


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