Effective: from 4 August 2022 until revoked or amended
1. INTRODUCTORY PROVISIONS
2. SCOPE OF THE ACEF
3. DISCLOSURE OF THE ACE
4. AMENDMENT OF THE ACE
5. RULES ON ELECTRONIC CONTRACTING
6. GENERAL PROVISIONS CONCERNING THE RELATIONSHIP
7. LIABILITY
8. CUSTOMER REGISTRATION
9. USER REGISTRATION
10. PERFORMANCE OF CONTRACTS
11. HOW TO USE THE SERVICE
12. TERMS OF USE FOR USERS
13. SERVICE USER ETIQUETTE
14. PAYMENT TERMS
15. RELATIONS AND COMMUNICATION BETWEEN PARTIES
16. CONFIDENTIALITY
17. INFORMATION SECURITY
18. COPYRIGHT
19. ADVERTISING
20. COMPLAINT HANDLING
21. FORCE MAJEURE
22. TERMINATION OF THE CONTRACT
23. LEGAL BACKGROUND
24. FINAL PROVISIONS
1.1. Pinkhello Korlátolt Felelősségű Társaság (registered office: 1149 Budapest, Vezér utca 149/F. 1. em. 17.; company registration number: 01-09-399777; tax number: 27833425-2-42; hereinafter referred to as "Pinkhello") is a company incorporated under the provisions of Act V of 2013 on the Civil Code ("Ptk") 6:77. Pursuant to § 6.6 of the Civil Code, the following General Terms and Conditions (hereinafter referred to as "T&Cs") are set out in advance, without the involvement of the other party, in relation to the use of the website and the services displayed on the website.
1.2 The purpose of these Terms and Conditions is to set out the manner, details and conditions for the use and performance of all services undertaken and provided by Pinkhello in order to ensure that certain issues arising in the parties' relationship in relation to the electronic coupon marketing service (the "Service") are properly regulated by law and these Terms and Conditions.
1.3. The Pinkhello data:
Name: Pinkhello Korlátolt Felelősségű Társaság
Location: 1149 Budapest, Vezér utca 149/f 1.floor. 17.
Company registration number: 01-09-399777
Address: 27833425-2-42
Registered court: Commercial Court of the Metropolitan Court of Budapest
Your email address: [email protected]
Homepage address: www.pinkhello.com (www.pinkhello.hu)
Call centre: +61 491 161 572
Mailing address: 1149 Budapest, Vezér utca 149/f 1.em. 17.
Site provider name: Heroku Inc.
Place of business: 415 Mission Street; Suite 300; San Francisco, CA; 94105
1.4 If the Customer/User does not wish to comply with these Terms and Conditions, Pinkhello requests that the Customer/User does not use or attempt to use the Service or the Website.
2.1 Pinkhello shall perform its contracts in relation to the Services displayed on and provided through the website designated by the domain www.pinkhello.com or www.pinkhello.hu in accordance with the provisions of these GTC.
2.2 The provisions of these Terms and Conditions shall apply to Pinkhello and the customer ordering the Service (hereinafter referred to as "Customer") and the user of the Service (hereinafter referred to as "User"; and Pinkhello, the Customer and the User, separately: "Party" or collectively "Parties"), the offer made by Customer and accepted by Pinkhello to use the Services, the Services provided to Customer and User, and the terms and conditions of use of the Services by User. In addition to the user of the Services, a person who visits pinkhello.com or pinkhello.hu is also considered a User.
2.3 These GTC and Terms of Use shall be binding on and applicable to all Customers and Users. The contractual relationship between the Parties shall be constituted by these GTC and all statements required for the performance of the Services. Accordingly, the term "contract" as used in these GTC shall include both the contractual relationship between the Parties and the GTC, subject to the context.
2.4 Pinkhello does not accept the Customer's standard terms and conditions. These T&Cs shall remain in force from the date of their issue until revoked or amended.
3.1 Pinkhello shall publish the current version of the GTC and any amendment thereto on its website www.pinkhello.com 15 (fifteen) days before the date of entry into force of the amendment, in full and in printed form, in a prominent place, accessible to all Customers and Users, indicating the date of entry into force. Pinkhello will also make the text of the TOS available in printed form at its headquarters.
4.1 Pinkhello may unilaterally modify these GTC at any time without the Customer's express consent.
4.2 Pinkhello shall notify the Customer and the User of any amendment to the TOS by posting the amendment on its website at least 15 (fifteen) days prior to the entry into force of the amended TOS, without any other indication. Pinkhello may also, at its unilateral discretion, send the notice to one of the contact details provided by the Customer to Pinkhello, and Pinkhello may also send the notice to one of the contact details provided by the User to Pinkhello during registration.
4.3 If the Customer or User does not agree to the amended terms of these TOS, the Customer or User may choose to no longer use the Pinkhello Service. Your use of the Service after the above notice of the amendment to the TOS shall constitute your and your Customer's express acceptance of the same.
5.1 These GTC and the legal relationship between the Parties shall be governed by the provisions of Act V of 2013 on the Civil Code ("Ptk.").
5.2 Pinkhello will confirm receipt of the Service order to the Customer electronically. If this confirmation is not received by the Customer within 48 (forty-eight) hours of the Customer's order being sent, the Customer and Pinkhello shall be released from any obligation to make an offer or enter into a contract.
5.3 An order for the Service and its confirmation shall be deemed to have been received by Pinkhello or the Customer at the time it is made available to the Customer.
5.4 The contract concluded shall be deemed to be a written contract, and the conclusion of the contract shall be evidenced by the electronically stored purchase data provided by the Customer, which Pinkhello shall keep in the manner and for the period specified in the legislation on accounting and taxation. The data provided by the Customer, the data relating to the service kept in Pinkhello's system, the bank confirmation of the transaction, the declarations signed when using the service and the wording of the GTCs together constitute the written contract. The present contract constitutes a written contract and will be available thereafter.
5.5 Pinkhello will provide the Customer with an appropriate, efficient and accessible technical means to enable the Customer to identify and correct any errors in the data provided via the Pinkhello website before sending his/her order/registration electronically, and hereby specifically draws the Customer's attention to this provision.
6.1 Pinkhello undertakes to provide the Services in accordance with the applicable law, the contract entered into by the Parties and its annexes and the terms and conditions of these GTC.
6.2 Pinkhello may provide the Services to Customers on its own, and to Users partly on its own and partly through and with the help of Customers.
6.3 Pinkhello reserves the right to make any changes or improvements to the Website or the Services at any time without prior notice or approval. Pinkhello also reserves the right to transfer the website to a different domain name.
7.1 Neither Pinkhello nor its employees or agents shall be liable for any loss, damage or expense (including, without limitation, any loss of profits, indirect, incidental or consequential loss) which may arise from access to the website or use of the Service. The User and the Customer use the Website and the Service solely at their own risk and agree that Pinkhello shall not be liable for any pecuniary or non-pecuniary loss or damage arising from the use of the Website and the Service or the Customer's or the User's conduct.
7.2 Pinkhello excludes all liability for any damage caused to any User, Customer or third party, except for damage caused intentionally and for damage the exclusion or limitation of which is not permitted by law.
7.3 The Customer/User is fully and solely responsible for the conduct of the Customer/User or any third party who has access to the Customer/User's account, and Pinkhello will cooperate fully with the relevant authorities in any such investigation. Pinkhello shall not be held liable for any consequences arising from the User's or Customer's breach of the provisions of these GTC, in particular for any consequences related to the User's or Customer's improper use of the Service, the provision of incorrect data, the provision of false data, or any other event (e.g. loss of revenue, damages, etc.) related to the User's or Customer's conduct, the breach of the rules accepted by the User or Customer during registration, etc. Pinkhello shall have no liability whatsoever for any inaccuracy or incorrectness or falsity of the information provided during registration and/or ordering, including but not limited to any resulting errors, delays or other damages.
7.4 Pinkhello shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of any errors or omissions in the operation or content of the website or the use of the Service, or for any errors resulting from the provision of incorrect information. The Customer shall be solely responsible for any errors in the content and preparation of any discounts or coupons generated by it, their redeemability or any other deficiencies therein, and for the products/services provided by it.
7.5 The Customer / User shall be liable for all events and activities that occur using his/her login password. The Customer/User acknowledges that Pinkhello is not responsible for any failure of the Customer/User's mobile phone or computer, any damage caused by a virus or any loss of data, unauthorised access to the Customer/User's mobile phone or computer or any other damage caused by third parties or force majeure.
7.6 Pinkhello disclaims any liability in the event that the Service and the server hosting the Website are attacked by external means, such as SQL. Should the User/Customer receive incorrect system messages as a result of such an attack, Pinkhello shall not be liable in any way.
7.7 Pinkhello shall not be liable for any damages arising out of the use or inability to use the Service, or the deletion of any part or content of the Service. Pinkhello expressly disclaims any liability for any damage and/or loss arising from any inability to use the Service or any loss of data, virus or other malicious cause resulting from any malfunction, incompleteness, possible malfunction or ambiguity, possible failure of the Internet network, path failure, any other technical failure or overload.
7.8 Although Pinkhello will use its best endeavours to ensure the smooth and error-free operation of the Service, Pinkhello shall not be liable for any defects in performance, including without limitation, the unsuitability of the Service, the products and services provided by or through the Service, or the reliability, accuracy, quality, compliance, continuity or error-free operation of the Service or the Products and Services provided to or through the Service, or to Customers and/or Users.
7.9 Customers and Users further acknowledge that Pinkhello shall not be liable for any discounts, products related to discounts, any breach of their legal obligations, the ingredients, quality, quantity, pricing, availability of products available as a result of redemption of discounts/coupons.
7.10. Pinkhello is not responsible for the content or information provided by Customers, Users and third parties, or for any damages that may arise as a result of reliance on it.
7.11. The User and/or the Customer is responsible for obtaining, maintaining and paying for all equipment, devices (e.g. telephones) and connections necessary to access and use the Pinkhello Service.
7.12. If, despite Pinkhello's best efforts, there is any system error on the website or the webshop interface, or if the website interface contains an obviously incorrect or erroneous price (e.g.: HUF 1.00 or HUF 0.00, etc.), Pinkhello is not obliged to provide the relevant service at the incorrect or erroneous price, but may offer to sell at the correct price, in the knowledge of which the Customer is entitled to withdraw from the purchase.
7.13. Pinkhello shall not be liable for any damages or compensation for any loss or damage caused by circumstances beyond its reasonable control.
7.14. All costs, damages and other adverse legal consequences arising from Pinkhello's termination for breach of the provisions of the GTC shall be borne solely by the defaulting Customer.
7.15. Pinkhello shall not be liable for any breach of contract by the Customer (e.g. if the Customer does not redeem the Coupons, Gift Points, etc. in the manner originally advertised or does not redeem them in the manner originally advertised), nor shall Pinkhello be liable for any loss arising from the use of discounts / Coupons / Gift Points by the User, whether accidental or intentional, whether by fraud or theft.
7.16. Pinkhello is not responsible for any information contained in any Coupons / Gift Vouchers / etc. generated by the Customer.
7.17. In addition to the above, other liability issues may be covered or defined in other provisions of these GTC.
8.1 In order to use Pinkhello's service and to establish a legal relationship between the Parties, the Customer is obliged to provide the data specified therein (company name, name, e-mail address, password) on the interface designed for this purpose, and to declare that he/she has read and understood the documents indicated and available therein by ticking the checkbox.
8.2 Pinkhello will only collect important and necessary data from the Customer during registration or when placing an order or making a purchase in connection with the provision of the Service and in connection with marketing enquiries and in order to improve the user experience of the Service.
8.3 The Customer is obliged to provide true and accurate information when using the Service and/or registering. The Customer is obliged to verify the data provided during registration and purchase during the purchase and before sending the order. The Customer is entitled to modify the data provided at any time during registration and/or prior to purchase.
8.4 If the registration is successful, Pinkhello will send a confirmation e-mail to the Customer. The Customer is obliged to re-check the details in the confirmation e-mail and to confirm the registration within 48 hours of receipt of the e-mail. If the Customer fails to confirm the registration within 48 hours, Pinkhello may delete the Customer's details.
8.5.After successful registration, the Customer can access the service, where the system will ask him/her to provide additional data in order to use the service: shop name, telephone number, billing address, tax number, bank card data […]. The Customer is obliged to provide this information.
8.6 Pinkhello may also send these TOS to the Customer by e-mail during the registration process.
8.7 The Customer declares that during the registration or purchase / use of the Service, he/she is aware of the provisions of these GTC, the relevant Privacy and Data Protection Notice and all rights and obligations in connection with this legal relationship, that he/she has read and understood them in full and that Pinkhello has provided him/her with the appropriate opportunity and access to read and access these documents. The Customer agrees to be bound by the provisions of these Terms and Conditions and the documents and notices referred to above (including, without limitation, the provisions relating to its liability). If the Customer does not consider these terms and conditions to be correct, the Customer shall have the right and obligation to contact Pinkhello Customer Services immediately before ordering the Service or the right to refuse the Service.
8.8 The Customer has the right to initiate the deletion of his/her registration and data provided by sending an e-mail message to the Customer Service or by sending a letter by post, by providing the minimum data necessary to identify the registered user account and specifying the exact data to be deleted. The Customer acknowledges, however, that the deletion of such data is not an absolute right and may be subject to limitations, in particular, but not limited to, the need to comply with Pinkhello's legal obligations (retention period or obligations under the Accounting Act) or to protect Pinkhello's own rights.
8.9 Pinkhello is obliged to delete the registration and the user account within 30 (thirty) days after Pinkhello receives the e-mail message.
8.10. The Customer shall be fully responsible for the data and password provided during registration and for the use of the Service through the registered account. The Customer agrees to immediately report in writing to Pinkhello any misuse of its registration, use of the Service or in connection therewith, specifying the main features of the misuse.
9.1 In order to use Pinkhello's Service and to establish a legal relationship between the Parties, the User is obliged to provide the data specified therein (name, e-mail address, telephone number, [...]) on the interface designed for this purpose, and to declare that he/she has read and understood the documents indicated and available therein by ticking the checkbox.
9.2 Pinkhello will only ask you for important and necessary information during the registration process in connection with the provision of the Service and in order to improve your experience of the Service.
9.3 The User is obliged to provide true and accurate information when using the Service and/or registering. The User is obliged to verify the data provided during registration during the use of the Service and before sending the registration request. The User is entitled to modify the data provided at any time during and after registration.
9.4 Pinkhello shall have no liability whatsoever for any inaccuracy or incorrectness of the information provided during registration, including but not limited to any resulting errors, delays or other damages.
9.5 If the registration is successful, Pinkhello will send a confirmation e-mail to the User. The User is obliged to re-check the details in the confirmation e-mail and to confirm the registration within 48 hours of receipt of the e-mail. If the User does not confirm the registration within 48 hours, Pinkhello may delete the User's data.
9.6 You acknowledge that you are fully aware of and have read and understood the provisions of these Terms and Conditions, the relevant Privacy and Data Protection Notice and all rights and obligations under this Agreement, and that Pinkhello has provided you with reasonable opportunity and access to review and access these documents. You agree to be bound by the provisions of these Terms and Conditions and the documents and notices referred to above (including, without limitation, the provisions relating to your liability). If the User still does not consider these notices to be adequate, the User is entitled and obliged to contact Pinkhello Customer Service immediately before registration.
9.7 The User has the right to delete his/her registration and the data provided. However, the User acknowledges that the deletion of such data is not an absolute right and may be subject to limitations, in particular, but not limited to, the need to comply with Pinkhello's legal obligations (retention period or obligations under the Accounting Act) or to protect Pinkhello's own rights. The User accepts that, upon cancellation, his points, coupons and discounts to date will be lost.
9.8 The User shall be fully responsible for the data and password provided during registration and for the use of the Service through the registered account. The User agrees to immediately report in writing to Pinkhello any misuse of his/her registration, use of the Service or in connection therewith, stating the main characteristics of the misuse.
9.9 The User can also access the registration by first scanning the QR code used to collect the digital coupon with his/her electronic device or by opening the web link hidden underneath, which will navigate him/her to a coupon collection interface. However, the User can only collect the digital coupon on the coupon collection interface by registering with the system.
9.10. In order to use the Service, the User may register by providing an email address and a password of his/her choice, or by using Google, Facebook or any other login option offered by the System. The User is free to delete his account. To do so, he/she must go to the section under Settings to find the interface for deleting the user account. If the User has registered with a Google or Facebook login, he/she will be required to enter a password of his/her choice before deleting the account for technical reasons. This password must be provided when deleting the registration. By deleting the account, all user data will be deleted, with the exceptions set out in the Privacy and Data Protection Notice.
9.11. If the User registers with an existing Facebook Account, the User agrees that certain data relating to the Facebook Account will be transferred to Pinkhello by the Facebook operator in accordance with the applicable Facebook policies in force at the time. The current Facebook policies are available at (https://www.facebook.com/legal/terms). The User can only register with his Facebook Account if he has given the necessary approvals in the settings of his Facebook Account.
9.12. If the User registers with an existing Google Account, the User agrees that certain data relating to the Google Account will be transferred to Pinkhello by the operator of Google in accordance with Google's then-current applicable policies. Google's current policies are available at (https://policies.google.com/terms). The User can only register with his Google Account if he has given the necessary approvals in the settings of his Google Account.
9.13. The Service will keep logged in users logged in for a period of five (5) years, however, any user may opt out of the Service. In this case, the necessary data must be provided again to log in. It is also possible that the User may be logged out of the Service for any reason, in which case the User must re-enter the required data to log in.
10.1 Unless otherwise agreed by the Parties, the place of performance shall be Pinkhello's registered office, its premises and branches, the place where the Services are performed and used, the Customer's registered office or branches, and the internet platform provided by the hosting provider.
10.2 If the Customer has more than one location/branch, the Customer is obliged to register separately for each location/branch and to pay the Service fee for each location/branch.
10.3 Pinkhello's data protection information obligations are governed by the Privacy and Data Protection Notice.
10.4 Pinkhello shall be entitled and obliged to provide the Service to the Customer in the quality and quantity and on the terms and conditions set out in the GTC or on the Website. The Customer shall provide the discounts/coupons generated by it to the Users, redeem them and pay the consideration for the service to Pinkhello in full and on time.
10.5 After payment by the Customer, Pinkhello will activate the Customer's user account and make available to the Customer the Service interface, the associated rights and the possibility to use the Service (see "How to use the Service").
10.6 Pinkhello reserves the right to refuse to accept certain purchases or to provide the Service if the information provided during registration is manifestly false or untrue, or insufficient to properly provide the Service, or manifestly contrary to Pinkhello's interests or policies (for example, no indecent or sexually explicit content, no content of an abusive nature, no content protected by intellectual property or copyright, etc.).
10.7. Pinkhello may, at its unilateral discretion, immediately remove the User/Customer from the Service or suspend the User/Customer from the Service, or reject or cancel any coupon/points of the User/Customer, if (i) the User/Customer abuses the Service or causes any damage or harm to the Service or the other Party and/or Pinkhello or Pinkhello's employees; (ii) Pinkhello has reasonable grounds to believe that the User/Customer is committing fraudulent acts in using the Service; (iii) the User/Customer is claiming/issuing a false discount or otherwise failing to perform its obligations under these TOS; (iv) there is reasonable doubt as to the accuracy or authenticity of the discount/coupon; or (v) the User/Customer engages in threatening, harassing, racist, sexist or any other conduct that Pinkhello considers inappropriate towards the other Party or Pinkhello's employees.
10.8.The Customer expressly acknowledges and agrees that in the event of non-payment of the Service, Pinkhello may unilaterally limit the Service, including but not limited to limiting the Customer's ability to issue coupons, redeem coupons and any other part of the Service. The Customer acknowledges that in such event Pinkhello may notify Users that their ability to use Coupons and earn Gift Points may be restricted and that their accumulated points may be cancelled. In such circumstances, Pinkhello shall have no liability to either the Customer or the User, and Customers and Users shall not be entitled to compensation.
10.9 Pinkhello may refuse to provide the Service and may immediately terminate the provision of the Service to a User or Customer if required to do so by law or court order or if the Service is used in a manner inconsistent with the TOS, without permission, or otherwise unlawfully or improperly.
10.10. The Customer is responsible for providing his/her own, valid, working e-mail address and for maintaining the e-mail address provided during registration for the duration of the use of the Service.
11.1 The Service is based on the use by the Customer and Users of a digital coupon created and available under a web address (hereinafter referred to as "Coupons"). Users will be able to collect (or scan) the Coupons at the Customer's premises or other locations and redeem them at the Customer's premises, using web technology. Coupons are typically collected or scanned by Users by scanning a QR code, but the system also allows Coupons to be collected by opening a web link.
11.2 In order to collect and redeem Coupons, the User and the Customer must register.
11.3 In order to create Coupons and use the Service, the Customer must log in to the Service and prepay for a Service package. Upon successful subscription, the Customer will be presented with menu items in the website interface where he can access his promotions and the points collection program, as well as create QR codes, link them to his promotions and save the QR codes in image (.png and .svg) format and share them on other platforms.
11.4 The Customer decides in its sole discretion what type and kind of digital Coupons or other gift vouchers to generate when using the Service, whether to activate the point collection and redemption service, and what data to upload to digital Coupons and gift vouchers. There are mandatory data requirements for data entry, but the Customer is responsible for and has the right to ensure that such data is provided and that it is accurate.
11.5 When digital Coupons are created, data is also registered which cannot be changed afterwards. This is necessary for the legitimate and trouble-free use of the coupons by the Users and for the operation of the system. If it is necessary to modify the data of the digital Coupon which is no longer possible after its generation, it will be necessary to regenerate the Coupon, but in this case the digital Coupons already advertised and collected or read by the Users will remain valid and technically redeemable. In such a case, the Customer will have the discretion to decide whether to redeem them or archive them. The responsibility for this rests solely with the Customer.
11.6 Another element of the Service is the points accumulation program, where gift points (hereinafter "Gift Points") are generated by the Customer or the Customer's agent (Validator) for the User. Gift Points are distributed in the form of QR codes, which are stored in the registered User's account after the QR code is scanned. The User is entitled to a digital gift voucher, guaranteed and provided to the User by the Customer, after the User has collected the number of Gift Points specified by the Customer. The accumulation of points by the User and the conversion of points into digital gift vouchers are understood to be on a per Customer basis. Pinkhello shall have no liability for the content, quality or quantity of the gift vouchers.
11.7 The User can collect (scan) and use Coupons and Gift Points only after registration. After registration, you will be granted access to a private account in the Service, where you can open and collect digital coupons by scanning QR codes with an electronic device or by opening the web link hidden under the QR code. Once collected, the digital coupons will be listed in the User's account. The details of the digital coupons collected can be viewed using the service, and the coupons can be cancelled, sorted or redeemed.
11.8 In order to redeem the coupons, both the Customer and the User must participate in the process, where the User presents the unique QR code identifier of the digital coupon to the Customer, who uses the service to scan the QR code with his electronic device and validate it on a dedicated web interface. Pinkhello's liability in relation to the services provided by the Customer to the User is excluded.
11.9. The User may register by providing a name, email address and password of his/her choice. After registration, the User can use the service by filling in his details and subscribing to a package.
11.10. Customers may request the deletion of their account for technical and business reasons only in writing by sending a message to [email protected]. The coupons generated by the Customer and the points accumulated by the Users on his account will be lost and will cease to be valid once the cancellation is effective.
11.11. In addition to the Customer, there are also so-called Validators who can redeem coupons in the same way as the Customer. These users are agents or employees of the Customer, who are empowered to redeem digital coupons generated by the Customer.
11.12. In addition to digital coupons and QR codes, the Customer may also generate gift points or gift vouchers, which will be displayed in the User's account for use in the same way as other digital coupons.
11.13. As part of the Service, the Customer may also upload a unique identifier (e.g. a company logo) in the form of an image during registration.
11.14. The recommended and expedient way to use the Service and the Customer's obligation is to redeem the discount, value or service indicated on the digital coupons or gift vouchers in one transaction, but Pinkhello shall have no liability if the Customer or its agent (the Validator) deviates from this procedure in any form or to any extent, or if the discount, value or service indicated on the digital coupons is not accepted, redeemed or provided. You must notify Pinkhello in writing of any such event.
11.15. Pinkhello reserves the right to refuse service to any User or Customer, even without prior request or notice, especially those who do not comply with the Service's User Etiquette and/or these Terms and Conditions (e.g. by not accepting or redeeming a Coupon or Gift Point generated by Pinkhello, etc.). In this case, the User's / Customer's account may be suspended or subsequently deleted.
11.16. Pinkhello reserves the right to delete Users who have been inactive for a long period of time (at least 6 months) from the system and from the list of registered Users without prior notice.
11.17. If the Customer has duly selected the desired service package on the website interface and has verified the amount of the consideration to be paid, and has accepted and accepted to be bound by the provisions of these GTC and the Privacy and Data Protection Notice, and has selected the duration of the Service, the Customer will be automatically redirected to the Stripe payment system page by clicking on the "Pay" button.
11.18. The Customer (i) shall not use or attempt to use another person's user account and/or other person's payment details to use the Service or use another person's payment card to use the Service without the consent of that person; (ii) shall not copy or modify the Service or any related technology or create a derivative work from it; (iii) decrypt, decode or otherwise attempt to obtain the source code of the Pinkhello Service or any related technology; (iv) remove any copyright, trademark or other proprietary notices contained in or on the Pinkhello Service; (v) remove or obscure any advertising that is included in the Pinkhello Service; (vi) collect, use, copy, or disclose any information obtained through the Pinkhello Service without Pinkhello's consent; (vii) use bots or other automated methods to access the Pinkhello Service; (viii) create a Pinkhello user account under a false identity or using another person's identity; and (ix) access the Pinkhello Service except through interfaces that Pinkhello specifically provides.
11.19. The Customer is responsible for and warrants that it will use the Service only in a manner that is in full compliance with the requirements of proper use and the applicable legal requirements in force at the time and in full compliance with the TOS and the information published by Pinkhello. The Customer shall be liable for any damage resulting from improper use.
11.20. The Customer is obliged to ensure the confidentiality of his/her user name and password, to comply with the provisions on notifications and to guarantee that the information provided by him/her is accurate.
11.21. Discounts / Coupons / Gift Points / etc. provided under the Service cannot be converted into cash, and the data subjects have no financial claim against Pinkhello in relation thereto. The discounts / Coupons / Gift Points / etc. will be destroyed if Pinkhello becomes aware of any misuse of the discounts / Coupons / Gift Points / etc. or if it suspects or discovers that the discounts / Coupons / Gift Points / etc. have been given on false grounds or information.
11.22. Pinkhello has the right to temporarily suspend the Service while necessary maintenance and upgrades are carried out.
12.1 The User may use the Service through the Pinkhello website or through Customers (including, but not limited to, by scanning Pinkhello QR Codes posted by Customers or generated by them at any location using an electronic device) in accordance with the provisions hereof. The electronic devices are provided by the Customer and the User.
12.2 Pinkhello will provide the User with an appropriate, efficient and accessible technical means to enable the User to identify and correct any errors in the data provided through the Pinkhello website before sending it electronically, and hereby specifically draws the User's attention to this.
12.3 If the User identifies any deficiencies in the Customer's performance, the User shall immediately send its complaints to Pinkhello and the Customer, clearly describing the said deficiencies.
12.4. You shall not (i) use or attempt to use another person's user account and/or another person's payment details on the Service or use another person's payment card in the course of using the Service without that person's consent; (ii) copy or modify the Service or any related technology or create a derivative work from it; (iii) decrypt, decode or otherwise attempt to obtain the source code of the Pinkhello Service or any related technology; (iv) remove any copyright, trademark or other proprietary notices contained in or on the Pinkhello Service; (v) remove or obscure any advertising that is included in the Pinkhello Service; (vi) collect, use, copy, or disclose any information obtained through the Pinkhello Service without Pinkhello's consent; (vii) use bots or other automated methods to access the Pinkhello Service; (viii) create a Pinkhello user account under a false identity or using another person's identity; and (ix) access the Pinkhello Service except through interfaces that Pinkhello specifically provides.
12.5. The User is responsible for providing his/her own valid, working e-mail address and for maintaining the e-mail address provided during registration for the duration of the use of the Service. The User shall bear or compensate for any damage resulting from any breach of the provisions of the GTC.
12.6 The User declares that he/she is aware that the coupons/discounts may contain digital security solutions, the technology of which protects the coupon or the points collected against counterfeiting. The User undertakes to use the Coupon solely for the purpose of claiming the discount, not to copy, imitate or reproduce its security features, except for the sharing facility provided by Pinkhello, and acknowledges that any use, copying, imitation or reproduction of the Coupons other than for their intended purpose may result in civil or criminal liability.
12.7 You are responsible for and warrant that you will use the Service only in a manner that complies with the requirements of proper use and in full compliance with the applicable legal requirements and the information published in the GTC and Pinkhello's Terms and Conditions. The User shall be liable for any damage resulting from improper use.
12.8. The User shall ensure the confidentiality of his/her user name and password, comply with the provisions on notifications and guarantee that the data provided by him/her are accurate.
12.9 All costs, damages and other adverse legal consequences arising from Pinkhello's termination for breach of the provisions of the GTC shall be borne solely by the defaulting User.
13.1 The Service is created with the good intention of facilitating the building of business relationships between Customers (businesses) and Users (customers) through a digital coupon service. To this end, the system provides a platform where business owners (Customers) can create digital coupons and point accumulation programs and link them to QR codes that can be read by electronic devices, and where customers (Users) can access these digital coupons or point accumulation programs by scanning the QR codes. Accordingly, users of the system, and in particular Customers, are expected to:
- use the system providing the Service in accordance with its purpose and in the manner intended, do not upload inappropriate content or use the system's resources in a way that could lead to the system's services being impaired or blocked;
- upload true and correct data to the Service's system and accept the coupons generated when redeemed with the data indicated therein;
- the Service will not be used for political or illegal purposes, and Pinkhello will not be named in any of these, and such Customers or Users will be immediately banned and reported to law enforcement authorities as necessary;
- the system and the Service and the QR codes and coupons generated by the Service shall not be used to deceive, and it is not acceptable in any respect for the Service or any elements thereof to be used to deceive, intimidate, blackmail or coerce anyone. Pinkhello staff will use all reasonable endeavours to prevent such use, whether perceived or verified, without delay and to the best of their ability;
- Pinkhello staff rejects any misleading use of the Pinkhello brand or any intentionally misleading use of a brand mark that is very similar to the Pinkhello brand. In such cases, Pinkhello staff may take legal action where necessary and possible;
- there is no point in hacking the Service and system protection. Such attempts are immediately reported to law enforcement by Pinkhello staff;
- In case of any feeling of dissatisfaction or disappointment, please contact Pinkhello staff in confidence to discuss any misunderstandings and find a solution to any problems that may arise. However, any untrue allegations or misrepresentations will be rejected by Pinkhello staff and the brand's reputation will be protected to the best of their ability.
14.1 The Customer shall pay for the Service by using the appropriate payment method in the payment interface of the website. The Customer's payment obligation arises upon ordering the Service Package.
14.2 The Customer may only make payment for the Service using the payment methods provided on the website, and Pinkhello may unilaterally introduce, change or terminate any payment method.
14.3 In the case of online payment by credit card, the amount of the Service will be automatically charged to the Customer's credit card.
14.4 Pinkhello uses a third party payment processing service provider (Stripe Inc.) to process payments.
14.5.Pinkhello informs the Customer that the IT service provider used by the Customer for the technical processing of the payment is entitled to prohibit the Customer from using the payment gateway, in whole or in part, by technical means, with immediate effect and without prior notice, if the Customer detects any incorrect or unauthorised activity that compromises the general operational, data or IT security of the system. In this case, the Customer will not be able to pay by card. Pinkhello excludes all liability for any such activity of the Customer and any damage resulting therefrom, as well as for any damage suffered by the Customer as a result of the Customer's disqualification under this clause.
14.6 Pinkhello shall not be obliged to refund all or any part of the price of the Service even if the Customer does not use the Service.
14.7. The Customer is entitled to use the Service after the consideration paid has been credited to Pinkhello's account. In the case of online payment by credit card, the Service is available from the date of crediting of the payment following successful confirmation of payment by the payment provider.
14.8. Pinkhello will send the Customer an invoice for the use of the Service following the Customer's financial settlement. Pinkhello will use a third party billing service provider (Billingo Technologies Zrt.) to issue, store, send and download the invoices.
14.9 The payment system related to the Service is operated by a company called Stripe (Website: www.stripe.com; E-mail: [email protected]), which is a performance agent of Pinkhello for the purposes of the contract. Stripe's terms and conditions and privacy policy are available on the website https://stripe.com/gb/privacy, which are acknowledged and accepted by the Parties. Pinkhello shall not be liable for any errors that may occur during the use of payment services provided by third parties.
15.1 The Parties shall execute the legal declarations set forth in these GTC by e-mail, electronically. The electronic letter/email shall be deemed to be delivered at the same time as it is sent to the address provided.
15.2 Pinkhello is entitled to process the Customer's and Users' data in accordance with the Privacy and Data Protection Notice on the Website.
15.3 The User/Customer and Pinkhello shall notify each other of any information relating to the performance of the GTC by electronic means, via the Pinkhello Customer Service email address/online interface or the email address provided by the User.
15.4 Notifications and confirmations sent electronically, by e-mail, in accordance with the contract, will be sent to the User/Customer or Pinkhello without a formal or company signature and without any substitute identification, which the Parties acknowledge and consider accepted until proven otherwise.
15.5 With respect to emails created in accordance with the rules set out in the Agreement, the Parties shall not be entitled to claim before any court or other authority that they do not comply with the requirements of Pinkhello or written documents made on behalf of the User/Customer, unless it can be proven that they were used with fraudulent or other unlawful intent.
15.6 In the event that a dispute arises in connection with an e-mail from the sender regarding the identity of the sender or the content of the e-mail, the sender shall bear the burden of proving that the e-mail was not sent by the person indicated as the sender or with the content received.
15.7 The Parties declare that they consider the applicable e-mail correspondence system to be secure and suitable at the time of signing the contract and undertake to inform the other Party immediately of any threat to the security of the system during operation if they are aware of such a threat. The Parties shall be liable for any damage resulting from delayed notification.
15.8. Contact person:
- Pinkhello: Customer Service, with access at Pinkhello's headquarters (see point 1.3)
- Customer: through the data provided during registration / Ordering.
- User: through the data provided during registration / Ordering.
15.9 The Parties undertake to inform the other Party immediately in writing of any change in the person or contact details of their contact person in the event of services not yet performed / not yet terminated. The Customer/User undertakes to inform Pinkhello in writing within 5 (five) working days of any change in his/her details (personal details, address, etc.). The legal consequences of failure to provide such information shall in any case be borne by the Party that fails to provide the information or is late in providing it.
16.1 The Parties shall treat as strictly confidential all facts and data of which they become aware at the time of or in connection with the Order or the conclusion of the Contract, and shall not disclose them to third parties without the prior written consent of the other Party. This obligation is independent of the existence of the contractual relationship and shall survive the termination of the contractual relationship. The obligation of confidentiality shall also apply to the employees of the Parties and to other persons authorised by them.
17.1 Pinkhello will take appropriate technical security measures to protect and securely store the Customer's / User's personal data and to access and use the Services and to protect it from unauthorised access, use, alteration or unauthorised deletion.
17.2 Pinkhello also pays particular attention to the secure transmission of personal and financial data. However, the Internet is an open, non-secure network, primarily for the exchange of information, and its providers cannot ensure the security of the network for reasons beyond their control. Pinkhello therefore accepts no liability for any loss or damage caused by the destruction, delayed arrival or other failure of messages transmitted electronically.
17.3 Pinkhello also requests that the Customer only discloses information on the website that will not cause any damage to the Customer in the event of external attacks, hacking, other criminal acts against the website and Pinkhello or other prohibited conduct, and that Pinkhello will not be liable for any such damage.
17.4 Pinkhello shall not be liable for any damages resulting from technical failures of the Internet network, possible malfunction of communication devices, malfunction of any software or programs, possible technical failures or hacking or unauthorized use of individual accounts, electronic devices.
18.1 The Pinkhello website and the display and content of the associated webshop together are the intellectual property of Pinkhello, unless otherwise indicated, and are protected by copyright.
18.2 Any use of the display, content, services or any other use, in whole or in part, or any other use, in whole or in part, or any other form of transmission to third parties, in any form, in whole or in part, or in any form of adaptation, without the written permission of Pinkhello or the third parties concerned by the services, is prohibited.
18.3 No use of the content and presentation of the Pinkhello website, or any part thereof, may be made without the prior express written consent of the intellectual property owner.
18.4 Pinkhello shall not be liable for any content uploaded by Users and Customers, and shall have the right to remove or delete content without prior notice to Users and Customers if it infringes another person's intellectual property rights, data security rights, privacy rights, or violates any law or morality.
18.5 The Customer may only display in the invitation to collect Coupons and Gift Points the images, pictures, trademarks, inscriptions and logos designated by Pinkhello in the manner and form designated by Pinkhello. Any breach of this provision shall constitute a serious breach of contract which may result in termination of the contract. Pinkhello may unilaterally modify the design manual by notifying the party concerned.
19.1 Pinkhello is not responsible for the content of any third party advertisements, advertisements and displays that may appear on the website.
20.1 For clarifications and complaints regarding the Pinkhello Service, Pinkhello's customer service representative will contact you using the contact details set out in these GTC.
20.2 The Customer or User may submit any complaint in writing, by post, fax or e-mail to:
Name: Pinkhello Korlátolt Felelősségű Társaság / Complaint Handling
Postal address: 1149 Budapest, Vezér utca 149/F 1. em. 17.
E-mail address: [email protected]
20.3 Pinkhello will only accept complaints or claims in relation to the Service from the Customer, the User or their written agent (with at least a fully valid power of attorney) or a person authorised by law to act on behalf of the Customer / User.
20.4 Pinkhello will notify the Customer/User in writing within 30 working days of receipt of any complaint about the Service using the contact details provided by the Customer/User.
20.5.Pinkhello hereby informs the User that, pursuant to the provisions of Act CLV of 1997 on Consumer Protection, if a dispute arises between a consumer and a business regarding the quality of service and the conclusion and performance of a contract between the parties, i.e. a consumer dispute, the User may seek a settlement, or, if this is unsuccessful, may apply to a conciliation body, a consumer protection authority or a court of law for a decision on the matter.
20.6. Pinkhello's registered office is the Budapest Board of Conciliation (headquarters: 1016 Budapest, Krisztina krt. 99., III. floor 310; mailing address: 1253 Budapest, PO Box 10; e-mail address: [email protected]), but consumers may also apply to the conciliation body of their place of residence. The conciliation procedure is used by Pinkhello, in which Pinkhello is obliged to cooperate.
20.7.The User may also lodge a complaint with the consumer protection authority: according to Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, the Government Office of the Capital and County and the Pest County Government Office shall act as the consumer protection authority in administrative authority matters. The contact details of the offices are https://www.kormanyhivatal.hu/hu/elerhetosegek.
20.8 The Customer is responsible for ensuring that the consumer protection rights of the User are enforced.
20.9 The record of the complaint shall contain the following:
a) Name and address of the user,
b) the place, time and manner of lodging the complaint,
(c) a detailed description of the User's complaint, a list of documents, records and other evidence presented by the consumer,
d) a statement by the Customer of its position on the User's complaint, if an immediate investigation of the complaint is possible,
(e) the signature of the person who took the minutes and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the User,
f) the place and time of the taking of the minutes,
(g) in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.
20.10. The Parties agree that the Customer/User shall submit the complaint in writing to Pinkhello without undue delay after the event/transaction giving rise to the complaint, but within thirty (30) days at the latest. The Parties stipulate that Pinkhello shall only be obliged and entitled to investigate complaints relating to specific transactions (including but not limited to point accumulation, point redemption, coupon redemption, etc.) if Pinkhello receives the complaint and has all the necessary information within a maximum of 30 (thirty) days after the transaction concerned. Pinkhello is not obliged to investigate complaints received after this deadline.
21.1 Pinkhello shall not be liable for any damage caused by any external cause beyond its control, unforeseeable at the time of registration and acceptance of these GTC, which could not reasonably have been expected to prevent the circumstance preventing the contractual performance or to avoid the consequences of the damage (force majeure). These causes include, but are not limited to:
(a) acts of war, sabotage, insurrection, blockade, bombing, revolution, terrorism;
b) other emergencies, natural disasters, earthquakes, fires, epidemics, floods, windstorms, lightning, extreme weather conditions;
c) serious breakdown, failure to deliver raw materials, exceptional delay by a supplier, significant shortage of raw materials;
d) work stoppages, strikes and measures taken at the disposal of the bodies authorised under the Defence Act;
e) embargoes, boycotts, import-export bans.
21.2 In the event of cancellation due to force majeure, the Parties shall bear their own losses incurred, otherwise they shall endeavour to restore the original condition.
21.3 The Parties shall notify each other immediately of the threat of force majeure and the occurrence and expected duration of the force majeure.
22.1 If the Customer/User requests the cancellation of his/her registration, such request shall also constitute termination of the contract under these GTC. The date of termination shall be 30 (thirty) days from the date of receipt by Pinkhello of the request for cancellation of registration, but not earlier than the expiry of the period of the subscribed Service. In the event of termination by the Customer, no refund of the consideration paid by the Customer will be possible.
22.2 The Service may be interrupted or permanently terminated by Pinkhello at any time. The Service may also be temporarily suspended. In this case, the Customer/User shall not be entitled to any compensation.
22.3 The legal relationship between the Parties shall automatically terminate upon expiry of the fixed term of the Service.
22.4 Pinkhello shall be entitled to terminate its legal relationship with the Parties by giving 15 (fifteen) days' notice to the Party by unilateral notice.
22.5 Pinkhello shall be entitled to refuse and reject the Customer's acceptance of a new subscription or renewal of a previous subscription without giving any reason.
22.6. Upon termination of the contract, the Coupons/Gift Vouchers, etc. will also terminate and Pinkhello's liability is therefore excluded.
23.1 In particular, the following legislation shall apply to matters not covered by these GTC:
a) Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
b) Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
c) Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
d) Act V of 2013 on the Civil Code
e) Act CLXIV of 2005 on Trade
f) Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities
g) Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers
h) Act CXIX of 1995 on the processing of name and address data for the purposes of research and direct marketing
i) Government Decree No 210/2009 (IX. 29.) on the conditions for carrying out commercial activities
j) Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses
24.1 Pinkhello may assign, transfer or assign all or any of its rights or obligations hereunder, in whole or in part, to any of its affiliates or successors or assigns, or to any purchaser or acquirer of business assets in connection with the Service, without the prior consent of the Customer/User.
24.2 The User/Customer shall not be entitled to assign, transfer or delegate any of its rights or obligations hereunder, in whole or in part.
24.3 Pinkhello shall not be liable for any damages arising from the temporary unavailability of the website, other errors, typographical errors or inaccuracies or the temporary unavailability of the website or the online store.
24.4 Pinkhello shall not be liable for any direct, indirect or other damages arising out of the use, transmission or possible unavailability of the data and information on the website and the webshop.
24.5 Pinkhello is not responsible for the content of any other internet websites that may be accessible from the Pinkhello website and is not responsible for the content of any other internet websites that are not operated by Pinkhello that link to the Pinkhello website.
24.6 If any provision or part of a provision of these GTC is or becomes invalid or unenforceable, this shall not affect the validity of the remainder of these GTC. In this case, those provisions shall prevail (even by way of supplementary interpretation) which best meet the economic objectives of the invalid or unenforceable provisions. If such interpretation would be impossible for legal reasons, the Parties irrevocably undertake to conclude supplementary contracts in the spirit of these rules. The provisions of the preceding paragraph shall apply mutatis mutandis to any loopholes that may arise in the implementation or interpretation of the GTC.
24.7 In matters not covered by these GTC, the provisions of Act V of 2013 on the Civil Code ("Ptk.") and other applicable legislation in force at the time shall prevail.
Pinkhello Korlátolt Felelősségű Társaság
NOTE: The original Hungarian text was translated into English using a translation app. Because this may result in discrepancies in the meaning of the text, the original Hungarian text should be used as the authoritative source.
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