General Terms and Conditions of Contract
The present terms and conditions of contract (hereinafter: GTCC) contain the terms and conditions for using the services (hereinafter: the “Service”) related to information society that are available on the Website operated by E4KLimited Liability Company (hereinafter: the “Company”), business registration number 05-09-026409; tax number: 24295602-2-05; company seat: 3531 Miskolc Kiss Ernő utca 19., email address: email@example.com, telephone number: +36 30 222 7278, (hereinafter: the “Website or Webpage”) as well as the Website itself. The use of the Website may happen exclusively according to the present GTCC.
The Company provides its Users with a platform for advertising hunting-related services on the Website, that is, in the database, and search system available via the website vadasznimegyek.hu. Only hunting events and opportunities may be sold on the website.
From the perspective of the present Code, all persons who view the Website, who place advertisements and thus offer hunting trips for sale (hereinafter: “Advertisers”) are considered to be Users as well as those who make offers toward purchasing a hunting trip, and apply to the posted advertisements (hereinafter: “Buyer” together: “User”).
When the User begins to use the Website and/or registers, advertises services, or places orders, they accept, with an explicit statement made on the Website, the General Terms and Conditions of Contract, the Data Protection Information, which is a part of the GTCC and accept compliance with these to be mandatory and undertake to adhere to these. Every User may use the Website exclusively at their own risk and liability.
During the course of registration, the User explicitly notes that the Company will record and use personal data provided by the User and collected during use of the Website (list of visited pages, technical data, information applying to the use of the Website by the User as well as user information possibly obtained from third parties) with the method and for the purposes defined in the Data Protection Information.
Via registration, a contract is concluded between the User and the Company, this contract is not considered to be a written agreement. The language of the contract is Hungarian only. The Company does not record the contract, thus, it will not be available after the contract has been concluded. The conclusion of the contract is confirmed by the registration.
The Company is entitled to modify the present GTCC. The Company maintains the right, in the following cases, to occasionally unilaterally modify completely or partially the contents and fee of the advertisement platform they provide, the conditions for using the Services they provide, and the duration for which the advertisements are published. The Company informs the Users of the modifications on their homepage, the part of the site containing the terms and conditions of use of the Website, or in certain cases, via email. By using any of the Services after the modification, the User, by using any of the services or making a purchase via the Website, accepts the modifications of the GTCC. The Company is entitled to unilateral modification, especially in case of changes to the legal environment, the introduction of new services, or for the purpose of ensuring the quality of the existing services, or taking measures to improve the basic conditions applying to the contents of the advertisements, or if modification is justified by significant changes in economic, technical, and/or other conditions. If the advertiser or User does not wish to continue using the Company’s Services with the modified GTCC or fees, they are entitled to terminate their legal relationship according to the provisions of the GTCC.
Exclusive right to use the database. The database accessible on the Website is produced by the Company, thus, the Company has sole permission to utilize the database and to provide third parties with permission to use the database. The Company does not permit full or partial use of the database they have produced on any other website or its use in any other way for business purposes.
Use with permission. By beginning to use the Website, the User implicitly accepts that they may only use the Website in accordance with the provisions of the present GTCC for the purpose of using and utilizing the Services, and to the extent necessary for these purposes, furthermore, the User may use the Website and the database accessible with the Website for the following non-commercial, private purposes: i) viewing the Website, ii) advertisement of User services, iii) use of other services provided by the Company in connection with the advertisements, iv) online navigation to other websites via the links on the Website, v) use of other functions that may be made available on the Website.
The purpose of the Website (the service provided by the Company) is for the Company as an intermediary service provider to provide a platform via the Website for anyone who registers on the Website to be able to upload hunting opportunities for the purpose of sale and for the other Users to be able to purchase their services on the Website.
The Website’s Services are only available by creating a user account/registration. Creating a user account is free of charge.
Users who use the website to advertise may only be persons who are authorized to carry out/supervise hunting trips or sell hunting places and/or opportunities (hereinafter: “hunting trip”). By placing an advertisement on the website, the Advertiser acknowledges that they are authorized to carry out hunting trips or to provide hunting trips. You may find advertisements for the sale of firearms, ammunition, or other services that require permits. Only individuals above 18 years of age may visit the website and the website may only be used by persons with valid hunting tickets, hunting permits, and firearms licenses who are not limited in their capacity in any way.
By using the Service and especially, but not exclusively, by registering and ordering the Service, the Buyer acknowledges the fact that they are a person above 18 years of age, they have a valid hunting ticket or hunting permit, firearms license from the proper authorities, and are not in any way limited in their legal capacities. To use the service, for uploading advertisements and making purchases, etc., the User is obligated to create an independent user account by registering, this account is uniquely identified by the email address provided by the User. The user account is accessible:
By logging in to the activation interface provided in the email sent by the Company about the activation of the uploaded advertisement or with the email address given by the user that identifies the user account and the password.
When registering, it is mandatory to provide the data requested on the website. By registering, the user explicitly accepts the GTCC and the rate of the intermediary fees to be paid by the Advertiser and the payment of these fees upon the fulfillment of the conditions.
The Company stores an imprint of the password given by the User during the registration process which is only suitable for verifying the correctness of the password, but the password itself cannot be retrieved from this imprint.
The Services on the Website are free of charge for the Buyers; for advertisers, some Services may only be available for a fee.
When registration is sent electronically and the Company confirms the registration, a contract applying to the use of the Website is concluded between the parties, the contract is regulated in detail by the GTCC.
If any changes occur in the data provided by the User in their account, the User is obligated to indicate these changes in their personal menu, the liability for failing to do so is borne by the User. The User may initiate the deletion of their account at any time, the account will be deleted within one month of the deletion request (notice period), this will result in the termination of the contractual relationship between the User and the Company. The Company fulfills requests toward the deletion of accounts if the User is not in any debt to the Company and/or there is no pending hunting service sold by the User but not yet performed. The User’s user rights are suspended during the notice period, thus they may not use the Service. When their registration is terminated, their advertisements are automatically deleted from the Website and will no longer be available.
The Advertiser will be able to upload advertisements after logging in to their user account. Advertisements may only be uploaded if all the information requested by the system has been filled out. The Advertiser is entitled to upload images as well. The advertisement will be published and available for all to see on the Website after the Company has approved it. When approving advertisements, the Company does not inspect the veracity of the advertiser or the advertisement, its proper contents, the quality of the offered service, however, they are entitled to do so randomly. The approval process means that the advertisement is inspected according to aspects of format. The User is obligated to archive contents uploaded to the Website by the User.
The User may delete any advertisements that they have uploaded but have not yet sold or ones that they have already sold and performed during the period applying to their publication. If the User deletes their advertisement, the advertisement is placed into a 14-day “deletion in progress” status and on the following 15th day, it will be permanently deleted from the Website and no longer stored by the Company. Archived advertisements under “deletion in progress” status are accessible exclusively to the User who uploaded the advertisement, they are not accessible to third parties on the Website.
The Buyer notes that online bank card payments are carried out via the Barion system. Bank card data is not transferred to the vendors. The service is provided by Barion Payment Zrt. (company seat: 1117 Budapest, Infopark sétány 1. I. ép. 5. em. 5.; business registration number: 01-10-048552)an institution under the supervision of the Central Bank of Hungary, license number: H-EN-I-1064/2013.
The Buyer notes that after they have paid, cancellation is only possible according to the conditions in the advertisement.
The Company is entitled to exclude the User from the use of the Website and delete their account without any further notice if there is any doubt regarding whether the scope of data provided by the User or the advertisement about the hunting trip they wish to sell contains false elements. The User does not have any claims to compensation from the Company, in this case, however, they are obligated to pay damages to the company. If the Company deletes the user account, all advertisements posted by the user will also automatically be deleted from the Website.
The Company is entitled to unilaterally, immediately delete advertisements uploaded to the website without providing a reason, to deny Service, and to ultimately delete the User’s account if the contents uploaded to the website are in violation of the GTCC. The Company sees to the deletion of all advertisements which are reported based on the provisions of Act CVIII of 2001 (e-commerce act) on certain matters of electronic commerce services and services related to information society within the deadline specified in the applicable legal regulations. The Company cooperates with the authorities within the framework of the applicable and prevailing legislation to hold persons who commit unlawful acts liable. Users may report complaints in connection with unlawful information to firstname.lastname@example.org or +36 30 4383 022.
The User’s obligations
The Advertiser notes that if the person(s) interested in the hunting trips advertised on the website conclude a contract with the User without using the Company, that is, they circumvent the Company, the Company will be entitled to either terminate or suspend the Advertiser’s registration based on their own decision with the provision that the Company is entitled to the intermediary fee in this case also which the Advertiser is obligated to pay to the Company within two (2) business days of receiving notice.
The Advertiser undertakes to always ensure that their advertisements are up to date and to keep the advertised hunting capacities current on the website. Any ensuing damages are the sole liability of the Advertiser.
When providing any information or data, the User is obligated to provide accurate and true data. The Advertiser accepts that the Company is entitled to the intermediary fee even if the Advertiser mistakenly or by omission provides false data in their advertisement or does not update the advertisement, but the sale is still carried out via the website.
The Advertiser is obligated to provide the Buyer with the event that they have advertised and the Buyer has purchased. The company considers it to be a grievous breach of contract if the Advertiser does not fulfill the hunting trip purchased by the Buyer.
If the Advertiser has published an advertisement on the website that they for some reason cannot fulfill and there is no cancellation opportunity, however, the Buyer has already paid, the Advertiser is obligated to notify the Buyer and the Company and pay the Buyer back the full amount of the purchase without delay along with possible damages. The Advertiser notes that the Company is still entitled to the intermediary fee in this case and is thus entitled to keep it.
The Advertiser states that the images they have uploaded on the Registration Interface and the Website in connection with their advertisements do not contain any copyright infringements and the Advertiser is authorized and entitled to use these images.
The Advertiser, by accepting the GTCC, explicitly authorizes the Company to broadcast, publicize, and advertise the hunting events uploaded by the Advertiser (including copyright-protected or non-copyright protected photographs, illustrations, data and information, references, figures, photos, images) on online and offline platforms based on their decision where they see fit and to the extent and duration they see fit for the purpose of increasing interest/sales.
The Advertiser is responsible for ensuring that all data and information that is mandatory based on legal or authority regulations are indicated in their advertisement. The advertiser indicates their gross prices (net + VAT), or if they are offering their services exempt from VAT, they are obligated to provide prices without VAT. Furthermore, the Advertiser undertakes to provide all relevant information applying to the hunting trip (complete data and information). The Advertiser undertakes to indicate their cancellation policy and the rate of refund the Buyer is entitled to in the case of cancellation. The Advertiser notes that even in the case of regular cancellation, the Company is entitled to the intermediary fee. The Users note that if the Advertiser does not provide a cancellation policy regarding the advertised hunting trip, then neither the Advertiser nor the Buyer is entitled to cancel the hunting trip.
Direct contact between the Advertiser and the Buyer (User) may be established when the Buyer pays the intermediary fee. Violation of this provision is considered to be a serious breach of contract.
The Advertiser notes that they will receive an automated message from the system if a purchase is made from their advertisement and the amount of purchase, with the Company’s intermediary fee having been deducted, will be transferred to their bank account on the next bank day. If the payment is delayed, the Advertiser is obligated to immediately notify the Company who will contact the payment service provider Barion Payment Zrt in order to solve the problem and in the interest of the payment being made as soon as possible.
Via the purchase of the service in the Advertisement, a contract is concluded between the Advertiser and the Buyer.
The Advertiser is only obligated to perform the service purchased by the Buyer if the fee of the advertisement (with the Company’s intermediary fee deducted) has been paid to their bank account. In case of dispute, the Advertiser is obligated to attest to the Company that they have not received the fee by presenting an original bank statement.
The Advertiser is obligated to issue an invoice of the Buyer’s purchase with the Company’s intermediary fee deducted in accordance with Hungarian tax and accounting regulations and to hand this invoice over to the Company.
If after the purchase, contact is established outside the Company’s system and significantly modifies the original terms of purchase, the Advertiser is obligated to notify the Company of the contents of the modification. Such conditions are especially those that modify or may modify the amount of the intermediary fee. Violation of these provisions is considered to be a grievous breach of contract.
The Advertiser is obligated to notify the Buyer and the Company of any problems or circumstances that negatively affect or exclude the event offered to the Buyer and already purchased by them, cooperation between the parties, or communication, either temporarily or long-term.
The User may not use any system or solution that aims to discontinue function of servers used for the operation of the Website and the Registration interface, or makes such an error/cessation of function possible, or endangers the proper function and use of the Website or the background system.
The User’s registration and advertisement interfaces may only be used by the User, they may not provide unauthorized third parties with access to these. The User is obligated to maintain the confidentiality of their password.
The User notes that the deletion of their user account/registration will result in the termination of the contract and in this case, the Company is not obligated to store the User’s advertisements, these will also be deleted automatically when the registration is deleted. The Company sends informational messages closely related to the Service to the Users’ email addresses (system messages) as part of the performance of the Service.
In accordance with Act CVIII of 2001 on certain matters of electronic commercial services and services related to information society (e-commerce act), the Company provides the service as an intermediary service provider, they fill solely a role of information transmission between the advertiser and the buyer via the Website. In accordance with this, the Service Provider does not have the opportunity to control the veracity, quality, or legality of the advertised services or whether the transaction is truly carried out, thus, in the case of dispute between the Advertiser and the Buyer, the Advertiser and the Buyer exempt the Service provider from all claims and damages.
The Company does not assume liability for results. The Company is not liable for whether or not sales are concluded with the help of the website or the number of sales that are concluded. In the absence of desired results, the User has no legal grounds for seeking claims against the Company, thus, neither in regards to reliance interest or profit shortfall.
Only the User assumes liability for the contents they publish and all the possible related material and non-material damages. The User is obligated to ensure that the contents they have made available on the Website do not directly or indirectly infringe on the rights of third parties or legal regulations. If a third person, an authority, or the court initiate proceedings, the User is liable to the Company for any damages and/costs incurred by these proceedings.
The Company does everything in their power to ensure that the Website is available at all times, however, they do not assume the obligation and the liability for ensuring the Website is available at all times. The company does not assume liability for direct or indirect damages that are caused by circumstances unrelated to the Company.
Taking into account the fact that the Company provides an intermediary service, the Advertiser is directly obligated to the Buyer to perform the hunting event upon the payment of the Purchase Price, and the Buyer may only demand contractual performance from the Advertiser. The Buyer and the Advertiser, apart from the transference of the purchase price paid by the Buyer to the Advertiser, are only entitled to exercise their rights resulting from the GTCC and the contract they have concluded against one another and to fulfill their obligations resulting from the GTCC and the contract to one another, during the course of which the Company shall have no obligations or liability.
The Service Provider ensures the opportunity for online bank card payment for the sold hunting trips. The Company’s payment service provider is Barion Payment Zrt. (company seat: 1117 Budapest, Infopark sétány 1. I. ép. 5. em. 5.; business registration number: 01-10-048552). The company assumes no liability in regards to any problems, damages, etc arising in connection with payment transactions.
The User uses the Website solely at their own risk and they accept that the Company does not assume any liabiltity for any material or non-material damages occuring during use beyond deliberate damage, damage due to severe negligence, criminal activity, furthermore, breaches of contract that threaten the lives, daftey, and health of individuals.
The Company excludes all liability for the behavior of Website users. The user is fully and exclusively responsible for their own behavior. The Company will fully cooperate with authorities to investigate any cases of legal violation.
The Company is entitled, but not obligated to inspect/control any contents made available/published by users during their use of the Website, and as regards the published contents, the Company is entitled but not obligated to search for signs of illegal activity.
If the User detects objectionable content on the Website, they have the opportunity to report it to the Company. If the Company, during their good faith procedure, determines this report to be justified, they are entitled to immediately delete or modify the contents or call on the uploader to delete or modify the contents.
Due to the global nature of the internet, the User accepts that they must also act in accordance with the applicable international legal regulations when using the Website. If any activity related to the use of the Website is not permitted according to legislation in the User’s country, the User assumes sole liability for such unlawful use.
As payment for the service provided by the company, the advertiser pays the Company an intermediary fee (Intermediary fee) when the Buyer purchases the Advertiser’s advertised service. The intermediary fee is 5000,- Ft +VAT for every advertisement sold by the Advertiser on the Website.
The Company manually transfers to the Advertisers the amounts paid by the Buyers through their Barion account on the schedule they have agreed on with the Advertisers.
The User accepts the intermediary fee (its amount) when they accept the GTCC as a part of the registration process.
The Company is entitled to unilaterally modify the amount of the intermediary fee with the provision that they must inform the Users of the fee modification at least 30 (thirty) days before it comes into effect by publishing the new fee on the website and sending a notification email containing the new fee. If the Company modifies the amount of the intermediary fee and the User does not accept it, then the User will terminate the contract between the parties by deleting their registration. If the user does not terminate the contract by deleting their registration by the day preceding the new fee entering into effect, they will be considered to have accepted the modified fee.
The Company is entitled to the intermediary fee even in the following cases:
(i) the hunting event that has been sold will not be held do reasons within the Advertiser’s or Buyer’s scope of interest;
(ii) the hunting event advertised by the Advertiser was purchased by circumventing the Company;
The Company issues an invoice of the intermediary fee and sends it to the Advertiser. Method of invoicing: an invoice sent electronically.
Conclusion and termination of the contract between the Company and the User
In the absence of a differing agreement by the parties, by registration and acceptance of the present GTCC, a contract of indefinite duration is concluded regarding the use of the service provided on the website and the shortest possible duration of the contract is 1 day.
The contract ceases when the following occur:
By either party with ordinary termination
The Company is entitled to terminate the contract at any time for any reason with a 30 day notice period. They are obligated to notify the User of the termination with a system message. In this case, the User’s registration/user interface, and advertisements will become unavailable and will be deleted at the end of the notice period. The User is entitled to terminate the contract at any time without providing a reason via ordinary termination, they initiate this termination by deleting their registration/user account. If they initiate this procedure, their user account will become unavailable and their advertisements will be deleted/suspended and permanently deleted within 30 days.
The Company exercises (extraordinary) termination if the User violates the contract
The Company is entitled to terminate the contract, in the following cases among others a) the User uploads incomplete, erroneous, inappropriate data to the Website on more than one occasion, does not update their advertisements on more than one occasion, thus causing damage to the Buyer; b) the Advertiser provides the User with the hunting event in their advertisement by circumventing the Company (without using the website); c) despite what they have undertaken, they do not provide the hunting trip purchased by the Buyer; d) if the User commits other severe violations of the contract.
Extraordinary termination exercised by the User in the event of contract violation by the Company. If the Company defaults for over 10 days in payment of the purchase price to the User for the purchase made by the Buyer in regards to the Advertisement (after having deducted the intermediary fee) via Barion Payment Zrt.
The Parties establish that termination/cessation of the contract does not affect the obligations undertaken by the parties in the contract applying to already purchased hunting events.
The Data Management Information contains the provisions regarding the management of the Users’ personal data, it can be downloaded from the vadásznimegyek.hu website. However, the Company is not liable for the advertisers’ data protection practices and other activities.
Settlement of any disputes arising from the GTCC or in connection with it, related to its violation, cessation, validity, or interpretation, will be carried out via legal proceedings under the sole authority of the court with jurisdiction at the Company’s seat based on the legal regulations valid and in effect in Hungary.
The GTCC is in effect from January 15, 2020, and until the modifications come into effect, the present GTCC shall be in effect in its present form. The Service Provider will publish all modifications on the Website with a notice and a system message  days before they come into effect. Corrections of typos, grammatical errors, or clarification of definitions, renaming of definitions, furthermore the correction of any provisions related to these (including details of contents) are not considered to be modifications of the GTCC. It is also not considered to be a modification of the GTCC if the Company corrects any data applying to them. The Service Provider sees to informing the User of the GTCC (and its modifications) in such a way that the full prevailing text of the GTCC in effect will be published on the Website. After modification, in the absence of termination, if the User continues to use the Service, they are considered to have accepted the new GTCC.