GENERAL CONTRACTUAL TERMS AND CONDITIONS (GTC)
Definitions of Terms
GTC: or Rules, means the present document containing the general terms and conditions of the Contract between the Service Provider and the User.
EMSZ: ad hoc contract of agency, concluded between the User selling real estate and the User acting as real estate agent/real estate broker, with the contents as set out in Annex 4.
Customer: means the natural or non-natural person who or which concludes a Contract with the Service Provider in accordance with these GTC.
Coverage: means the websites and telephone applications operated by the Service Provider.
Consumer: means the natural person who, in accordance with the provisions of the Civil Code, is a natural person who is a natural person and who has been a natural person for the purpose of the Contract. 8:1, paragraph (1), point 3, of the Civil Code.
Advertisement: the advertisement placed by the User on the Service Provider's Website.
Registration: the user account created by the User on the interface of the Service Provider's website www.minositettingatlanok.hu.
Service(s): the services defined in point 5 of the GTC.
Service Provider: the Minősítettingatlanok Kft.-
Service Fee(s): means the fee paid by the User to the Service Provider for the use of the given Fee-based Service.
1. (hereinafter referred to as "Civil Code") and the relevant provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter referred to as "Act on electronic commerce services and information society services"), and the relevant provisions of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses (hereinafter referred to as "Government Decree"). The mandatory provisions of the relevant legislation shall also apply to the parties without any special stipulation.
1.2. The Service Provider is entitled to unilaterally amend these Rules and Regulations. The Service Provider shall publish the amendments on the website 11 (eleven) days before they enter into force. By using the Website, the Users agree that all regulations relating to the use of the Website shall automatically apply to them.
1.3. The User, by accessing the Website operated by the Service Provider or by reading its content in any way, even if he/she is not a registered user of the Website, acknowledges that he/she is bound by the Regulations.
1.4. You are prohibited from downloading, electronically storing, processing or selling the content of the website or any part thereof without the written consent of the Service Provider.
2.1. The electronic contract is null and void if the data provided during registration are false or can be linked to another person. The Service Provider excludes its liability if the User uses its services in the name of another person or with the data of another person.
2.3. The Service Provider shall not be liable for any delays or other problems or errors caused by the User's incorrect and/or inaccurate data.
2.4. By registering, the User agrees that the Service Provider may use the User's voluntarily provided personal data (name, address, e-mail address, telephone number) and other information relating to the User's use of the Service (collectively: Data) for the following purposes: the purpose of the processing is the creation and performance of the contract under these Terms and Conditions and the provision of the related Services.
2.5 In order to use the Service, the User must register on the website www.minositettingatlanok.hu. The registration procedure is described on the website by clicking on the menu item "Registration". By completing the registration form in full, accepting the GTC, consenting to the processing of personal data by the User and receiving confirmation from the Service Provider, the contract between the User and the Service Provider is validly concluded and constitutes an electronic written contract. The User is obliged to complete the registration form with true and complete data. By registering and by accepting the GTC, the User also declares that he/she is not restricted in his/her capacity to enter into a contract.
2.6 Registration in accordance with the GTC, payment of the Service Fee and confirmation by the Service Provider entitle the User to use the Service. On the basis of the contract concluded, the Service Provider shall provide the User with the service specified in clause 5 of the GTC. The Service Provider expressly points out that the registration and acceptance of the GTC and thus the creation of the electronic written contract entail the obligation to pay a fee, which is a prerequisite for the use of the Service.
3. Service Fee(s) and payment terms
3.1 The current Service Fees are set out in Annex 1 of the GTC in the form of a link. The Service Provider is entitled to unilaterally change the Service Charges or to charge for previously free Services. The Service Provider shall publish the amended or newly introduced Service Charges on the website www.minositettingatlanok.hu and they shall be effective from the date of publication of the amendment or introduction, with the proviso that they shall apply only to Services used after the effective date.
3.2 The Parties agree that the User shall not be entitled to cancel the fixed-term Services subject to a fee during the term of the Service. Subject to this, the Parties stipulate and the User acknowledges that if the use of the Services subject to the Charge is not made for any reason in the User's interest or the Contract is terminated by the User, with the exception of the provision in clause 3.3 of the GTC, no refund or reimbursement of the Service Charge or the pro rata temporis portion thereof shall be possible.
3.3 The Consumer may exercise his right of withdrawal and termination under the Government Decree by sending a written notice by e-mail. If the Consumer exercises his right of withdrawal or termination under the Government Decree, the Service Provider shall be obliged to refund the full amount of the Service Charge in case of withdrawal or the pro rata temporis part of the Service Charge in case of termination.
3.4 The Service Charge shall be paid by the Consumer to the Service Provider by means of a transfer or credit card transaction to the Service Provider's bank account ............................. with the account number ........................................... issued by the Service Provider. The Service Fee shall be deemed to have been paid when it has been credited to the Service Provider's account indicated above. The invoice issued by the Service Provider shall be sent to the User primarily by e-mail to the e-mail address provided at the time of registration. In the event of non-payment of the Service Fee, the contract shall not be concluded and the Service Provider shall not be under any obligation. The Service Fee shall be paid by the User to the Service Provider within 5 working days from the date of registration or from the date of electronic delivery of the invoice issued by the Service Provider.
4. Withdrawal from or termination of the Contract
4.1..), the User, if he is a Consumer, may withdraw from the contract without giving any reason within 14 days of the conclusion of the contract or exercise his right of termination. In the event of withdrawal after the above deadline, our company is not obliged to refund the Service Charge. In the event of withdrawal within the time limit, our company will arrange a refund of the participation fee by bank transfer within 30 days. The right to withdraw from the contract may be exercised by sending a declaration in accordance with the model in Annex 2 to the GTC, by e-mail or by post. The Consumer shall not be charged for the exercise of the right of withdrawal.
4.2 The Consumer may not exercise the right of withdrawal after the service has been completed in its entirety if the Service Provider has started the service with the express prior consent of the Consumer and the Consumer has acknowledged that he/she will lose the right of withdrawal after the service has been completed in its entirety.
4.3 The Service Provider shall be entitled to withdraw from the concluded contract if the Consumer fails to fulfil his obligations under these GTC or fails to fulfil them despite being requested to do so, or otherwise seriously breaches an essential term of the contract.
4.4 The Service Provider may withdraw from the relevant contract by written notice, by e-mail or by post at least 8 calendar days before the actual use of the service, in which case he shall be obliged only to refund the participation fee already paid to him, expressly excluding any other claims. By completing and submitting the registration form, the User expressly acknowledges and accepts this, and shall not assert any claims against the Service Provider in this regard.
5.SERVICES
Detailed description:
- Publishing and searching for real estate advertisements.
- Management of ad hoc commission contracts.
- Provision of online valuation services.
- Electronic signature and document authentication facilities.
Detailed description of the services provided by the Service Provider:
5. 1. www.becsuljmeg.hu
5. 2. www.sofabrain.com
5. 3. www.virtualstagingai.app
5. 4. www.chatgpt.com
5. 5. www.deepl.com
6. Provider's rights
6.1.3.4 The Service Provider shall not assume, in whole or in part, any tasks and obligations arising from or in connection with the EMS concluded between the Users, and the parties to the EMS shall be solely responsible for their performance.
6.5 The Service Provider shall be entitled to terminate the service contract and refuse to provide the service, as well as to remove the Advertisement if the User has used the service as a separate advertiser on a platform created by third party(ies), but with identical or similar content - within the network of these platforms - so-called "advertisers".
6.6 The Service Provider does not carry out an on-site inspection of the property that is the subject of the Advertisement, and therefore does not assume any liability for the data and characteristics provided by the User, in particular the conformity of the specified purchase price or rent with market conditions, or the authenticity of the data and characteristics.
6.7 The Service Provider shall not be liable if the User's Advertisement or its content does not comply with the requirements set out in the legislation or the GTC.
6.8 The Service Provider undertakes to provide 99% availability of the Service and the operation of the Area. The Service Provider shall not be liable for any downtime or other malfunctions within this margin of error. In such cases, the Service Provider's liability shall be limited to the amount of the Service Charge applicable to the Service. Service interruptions due to maintenance or other reasons shall not be counted towards the operating time undertaken under this clause, provided that the Service Provider has given at least 72 hours' notice of the interruption on the Interface. The Service Provider shall not be liable in any way for any downtime or other malfunctions of third parties outside the Service Provider.
7. Obligations of the User in connection with the use of the Service(s)
7.1 The User shall refrain from any illegal activities and from publishing any illegal content. The User shall respect the privacy rights of the Service Provider and other Users, the rights to privacy, honour, reputation and the right to a likeness.
7.2 The User shall communicate to the Service Provider only true facts, data and circumstances when using the Services and shall provide the Service Provider with documents that correspond to the truth. The User may only disclose information and facts in the Advertisement that are true and/or in accordance with the data of the real estate register.
7.3 The User shall indicate the floor area of the real estate on the basis of the data of the real estate register and, if the floor area is not indicated in the register, only the area of the heated rooms with a ceiling height of more than 190 cm, bounded by walls and suitable for permanent human habitation.
7.4. Breach of Contract
8.1 The User commits a breach of contract if he/she violates the provisions of the law or the Contract, whether or not he/she is responsible for it.
8.2 The Service Provider shall carry out Moderation in order to comply with the law and the provisions of the Contract, to maintain the legal and contractual status and to protect the Users. The User acknowledges that the Service Provider carries out moderation partially manually, so the Service Provider does not guarantee the conformity of the Advertisements with the GTC at all times.
9. Data management
9.1 The Service Provider declares that the personal data that it becomes aware of in the course of its activities will be recorded, stored, processed and destroyed in accordance with the applicable legislation. The Service Provider informs the User about data management and data protection in a separate Privacy Policy, which is available at the following link: https://minositettingatlanok.hu/adatkezelesi-nyilatkozat The Privacy Policy forms part of the Contract.
9.2Storage of ownership records and data protection. The Service Provider is informed that the title deeds are subject to the applicable data protection legislation. The Service Provider shall only transfer the data from the title deeds to third parties with the express consent of the User and shall only use it for the purposes set out in these GTC.
9.3Use of external AI services: The Service Provider shall not be liable for the accuracy of the data processed by external artificial intelligence (AI) services integrated into the system, nor for the recommendations and decisions generated by AI. The User acknowledges that the use of external AI services is at his/her own risk and the Service Provider shall not be liable for any data processing errors, losses or other damages resulting from external services.
9.4Electronic signature and authentication. The authentication certificate and time stamp associated with the electronic signature guarantees the validity of the documents and the date of signature. Furthermore, the authentication is performed by means of a two-factor telephone authentication, which increases the authenticity of the document and the identifiability of the signatory. For more information on the details of two-factor authentication, please refer to the Service Provider's Privacy Policy.
9.5Data security and liability. The Service Provider will ensure the integrity and authenticity of the data during the electronic signature and authentication process, but will not be liable for any damages resulting from incorrect data provided by the User or from inaccuracies in the data generated or managed by external services.
10.1 The User commits a breach of contract if he/she violates the law or the provisions of the Contract, whether or not he/she is responsible for it.
10.2 The Service Provider shall carry out moderation in order to comply with the law and the provisions of the Contract, to maintain the legal and contractual status and to protect the Users. The User accepts that the Moderation is partly manual and that the Service Provider cannot guarantee that the Advertisements always fully comply with the GTC.
11. Other provisions
11.1 The Service Provider's Privacy Policy is available on the website https://minositettingatlanok.hu/adatkezelesi-nyilatkozat, which the User accepts by registering.
11.2 The Service Provider reserves the right to change the scope of the service, and the User may not assert any claims against the Service Provider arising from this.
11.3 The parties agree that the civil liability of the Service Provider arising from the contract in connection with its performance is limited to the amount of the participation fee in accordance with Act V of 2013 on the Civil Code, with the exception of liability for intentional damage. The limitation of liability also extends to damages caused by the Service Provider outside the scope of the contract.
11.4 If any part of these GTC becomes invalid, the validity of the remaining parts shall not be affected.
Budapest, 04.11.2024.
