GENERAL TERMS AND CONDITIONS OF THE SERVICE USER AGREEMENT (GTC)
Sugardate is a dating and networking service (the 'Service'), which is accessible online to
Sugardate members. By using the Services, Members can access the data sheets of other
registered Members. The Service is provided by ntice Kft. (registered by the Tribunal Court of
Registry under company registration number C.g. 01-09-202441; registered seat: H-1135
Budapest, Reitter Ferenc utca 50., tax number: 25145201-2-41). Some of the services that
make up the Services are free of charge to Members; other services are only accessible to
Premium Members for a fee.
Our Service is accessible only to Members. Prior to becoming a Member by completing
registration, please read through carefully these contractual terms and conditions, as these
will form the legal basis of the contractual agreement between us. If you accept these
General Terms and Conditions, please tick the box at the bottom of your registration sheet,
which stands for the following: 'I have read the contractual terms and conditions that are
applicable to using the Sugardate Service, and I accept them and I agree with them.' By
ticking the box you will be bound by the following contractual terms and conditions, therefore
if you don't agree with them, please don't register as a Member. Upon receiving your
registration, we will send prompt confirmation to your designated e-mail address, which
amounts to your acceptance of the offer. Should you not receive confirmation of your
registration within 48 hours of submitting it, it means that you are no longer bound by the
offer.
Hereunder you can read your written Service User Agreement with the Service Provider of
sugardate.eu: ntice Kft. In order to register as a Member and start using the Service, you
must first agree to these General Terms and Conditions, which are binding to you. The
language used by the Contract is Hungarian and is concluded in Hungarian.
The service provider who provides the server capacity needed by the Service Provider for
running the service:
Name: ntice Kft.
Registered seat: H-1135 Budapest, Reitter Ferenc utca 50.
The Server Room:
Invitel Távközlési Zrt.
H-1108 Budapest, Kozma utca 2.
H-1143 Budapest, Ilka utca 31.
1./ Definitions
For the purposes of these General Terms and Conditions, the following terms shall carry the
following meaning – unless the context demands otherwise:
- 1.1./ 'Agreement' or 'Contract': The Agreement which is executed between you and
us about using the Service and which sets out the provisions of the present Terms
and Conditions.
- 1.2./ 'Intellectual Property Rights': any patent, right to a database, copyright, design
patent (whether registered or not), trademark (whether registered or not), trade name
and any similar intellectual or industrial property right protection, wherever it exists in
the world, together with any entitlements relating to their protection.
- 1.3./ 'Member': any individual whose membership we have accepted, and who
currently has a membership status, including both Members who do not hold a valid
subscription, as well as Members who have a Premium subscription.
- 1.4/ 'Premium Member': Those Members who have PremiumFaran subscriptions
qualify as Premium Members.
- 1.5./ 'Disclose': to show, put on display, send, disseminate, broadcast, make
accessible and/or disclose any information, data and/or any other material relating to
the Service. The terms 'disclosed' and 'disclosure' shall be interpreted accordingly.
- 1.6./ 'Data Sheet': the sheet containing personal data, photos and/or information
about you.
- 1.7./ 'Service': the service which we provide to you on the website, in case of
subscriptions – including the Premium Service and not limited to – web-browsing,
contacting other Members via the website, and/or other Members making contact with
you, and also you disclosing information on the website.
- 1.8./ 'User': anyone browsing the website.
- 1.9./ 'We': means sugardate.eu as well as the Service Provider ntice Kft. (may be
contacted at the above address).
- 1.10./ 'Website': Our website is available at the URL www.sugardate.eu
- 1.11./ 'You': the individual whose application for membership under the Service has
been accepted by us.
2./ Sign-in and Registration
By accepting these General Terms and Conditions, you state and warrant the following:
- 2.1./ You are registering on the Website and are using the Service voluntarily, free of
all influence, and based on your own decision.
- 2.2./ You were at least 18 years old at the time of registration.
- 2.3./ You have not been convicted of any crimes against the right to human dignity or
other fundamental rights, the freedom of sexuality, intellectual property, or any sexual
offences, and no such charges have been filed against you by a public prosecutor.
3./ Basic Provisions
- 3.1./ This agreement offer, if accepted by you, will become a valid and effective Contract
between you and us. The Agreement is deemed to constitute a written contract executed
in the Hungarian language, it will be filed and archived by us for 5 years from the date of
its conclusion.
- 3.2./ The terms and conditions set out hereunder (which are subject to change from time
to time) exclude the existence of any other agreement or other contractual terms and
conditions between us, and you also acknowledge being bound by the present
contractual terms and conditions (including any amendments we might make from time to
time).
- 3.3./ The present Contractual Terms and Conditions (as they may be amended by us
from time to time) shall supersede and override all other contractual terms and conditions
we may have previously communicated to you.
- 3.4./ We reserve the right to amend these Contractual Terms and Conditions at any time.
In case any modification is made to the present Terms and Conditions, we will announce
the new terms and conditions without delay after the change is made. You will find it
under the Website under the point General Terms and Conditions, and at the same time
we will inform you also by e-mail or by posting a corresponding notification on the
website.
- 3.5./ By continuing to use the Service after publication of the amended Terms and
Conditions on the Website, you will be deemed to have accepted the amended terms,
and so the amended Agreement will be binding to you. If you do not agree with the
amended contractual terms and conditions, you have the right to terminate this
Agreement at any time:
-
- 3.5.1./ in case of a Membership not qualifying as a Premium Membership, according
to the provisions of point 8.1.1;
- 3.5.2./ in case of Premium Membership, according to the provisions of point 8.2.1
- 3.6./ You vouch not to trust any statement and/or guarantee that is made not in
accordance with the present Contractual Terms and Conditions.
- 3.7./ We reserve our right to inspect and to remove any information, photo and/or any
other material which you had uploaded, if doing so is necessary due to reasons defined
in this Agreement.
- 3.8./ We reserve the right to refuse membership registration requests and to terminate
existing memberships.
- 3.9./ We reserve the right to make such changes to the Service as may be required by
legislative changes or applicable security protocols from time to time, on condition such
do not have a fundamentally detrimental effect on the quality of the Service
- 3.10./ The Service and the Website are meant for the exclusive private use of Members,
all of whom are natural persons, and any business use is prohibited. Corporations,
unincorporated companies and other partnerships cannot become Members and they
cannot use the Service or the Website for any purpose whatsoever. In the same way,
Members cannot use the Service for commercial, advertising or other business purposes,
nor can they disclose to third parties for similar purposes any data that have come to their
knowledge in connection with using the Service. Using the Service or the Website in
violation of the terms of the Agreement, in an unlawful or unauthorized manner –
including collecting the usernames and/or e-mail addresses of Members by electronic or
other means, sending unsolicited e-mail messages for the purposes of unlawful framing
or adding links to the Website - shall warrant having the incident investigated, terminating
the Agreement with immediate effect without recourse to any refunds and taking
necessary legal action, including but not limited to bringing proceedings outside a civil
and criminal court or bringing proceedings before a court of law.
- 3.11./ According to the provisions of this Agreement, Members are liable for any
information disclosed by them. Disclosing false and unlawful information shall warrant the
termination of this Agreement with immediate effect and the exclusion of the Member.
Having said that, please note that we provide limiting monitor of either quality,
compatibility or the safety of Members, or the truthfulness, accuracy or entirety of any
content disclosed on the Website. As we do not always review every content disclosed
on the Website, you are entering into this Agreement in the knowledge that information
relating to other Members can turn out to be inaccurate or misleading despite the
prohibitions set out in the present Contractual Terms and Conditions.
- 3.12./ Using the Website to request, undertake, or offer intercourse or any other indecent
acts (suitable for or aimed at rousing, maintaining, or satisfying sexual desires) – for
financial gain or for any other purposes – and for any such actions is prohibited.
4./ Fees and Payment
- 4.1./ Certain Service features are accessible only for a fee payment by so-called
Premium Members (Premium Services).
- 4.2./ Premium Services and related subscription fees as may be applicable at any time are defined under the "e;Subscriptions"e; menu. Services and prices may differ depending on your chosen role as daddy/mommy or baby/boy. Subscription fees may be subject to change from time to time. Any increase in subscription fees will be announced on the “Subscriptions” page, and will be effective from the date of announcement. These General Terms and Conditions are applicable to ordering and using Premium Services.
- 4.3./ Our prices are inclusive of the VAT rate applicable since 01.01.2012. We do not
accept liability for fees stated incorrectly due to an error
- 4.4./ You will have to pay every fee item in full that is due and payable under the
Agreement, by selecting one of the payment methods offered on the Website.
- 4.5./ You are not entitled to a refund for Service outages or the Service going offline due
to technical problems beyond our control.
- 4.6./ Hibernations of the data sheet do not affect the subscription contract, the renewal of
the subscription (its time and manner), and the expiry of the subscription package.
5./ Automatic Renewal
- 5.1./ Members who pay for our Premium Services are classed as Premium Members. In
the absence of a cancellation, Premium Subscriptions are automatically renewed on
the last day of the current subscription period if the subscription was paid with a
bank card. Applicable fees are determined with the same method of payment in mind
that you had used for the initial transaction. If you took out your subscription under a
Special Offer at a reduced subscription fee, then your Premium Service will be
automatically renewed at the basic tariff rate. For the basic tariff rate visit the Website's
Subscriptions menu. The above process continues until you cancel automatic renewal.
You can cancel the automatic renewal of your Premium Service at any time at least 1 day
before the next renewal. To do so, visit your subscription status in the Subscriptions
menu.
- 5.2./ The tariff rate of automatically renewed subscriptions is the same as the originally
fixed subscription fee (irrespective of the actual rate shown under Subscriptions going up
or down since that time), except if your initial subscription was taken out based on a
Special Offer. In this case the new fee will be billed to you based on the current basic
rate shown on the page
- 5.3./ The subscription fee will be collected from the credit card you used for the original
legal transaction
- 5.4./ Automatic renewal lasts until either party decides to cancel it. You can cancel your
subscription under the Subscriptions menu in your subscription status.
6./ Obligations of the Member
- 6.1./ The Member may only use the Website in accordance with the principles of
good faith and fairness and according to the Website's purpose. Therefore:
- 6.1.1./ Our Members may exercise their freedom of expression only insofar as it does
not violate the rights of other people.
- 6.1.2./ The Members' Data Sheet must not show personal details, such as their full
name, phone number, house address and/or e-mail address and URL, or any other
information based on which they can be directly contacted.
- 6.1.3./ Members must not transmit and/or publish information, images or any other
material that is in breach of any laws, regulations, decrees or violates the rights of any
third person (including, among other things, intellectual property rights and personal
rights, and so particularly the right of an individual to their name and facial image, as
well as to human dignity, good reputation, and the right to have laws protecting
minors respected). At the time of registration, Members may upload a picture of
themselves, which is of acceptable quality, and which has not been edited using
image enhancing effects. Photos must not include any inscriptions giving away
personal details (e.g. phone number, e-mail address, URL promoting other sites,
etc.). Members declare that any persons or their legal representatives have granted
consent for pictures on which they are included to be uploaded during the term of the
membership.
- 6.1.4./ Members must not use the Service, either openly or covertly, to advertise
another website, service and/or business undertaking, including among other things
showing private e-mail addresses, URLs and/or other private phone numbers on their
Data Sheet, and especially must not offer or advertise services of a sexual nature.
- 6.1.5./ Members must not, either openly or covertly, recruit new customers among
other Members, must not sell or buy products and/or services through their use of the
Service.
- 6.1.6./ Members must not in any way whatsoever misuse the Service or any other
information which came to their attention via the Service.
- 6.1.7./ Members must not attempt to gain unauthorized access to any information
held on any platforms belonging to the Service, or to any networks facilitating the
provision of the Service.
- 6.1.8./ Members must not in any way disclose and/or make a copy of information or
material constituting an intellectual product the property rights of which belong to
another person, unless they have obtained the prior consent of the proprietor of such
rights
- 6.1.9./ Members must not make a copy either partially or in whole of any information
or data found on the Website (including but not limited to information found on the
Data Sheets of other Members) for any purpose other than those set out in this
Agreement.
- 6.1.10./ Members must not send chain mails, spam or junk e-mails to other Members.
- 6.1.11./ Members must in no way transfer, assign or share their user rights and/or
must not authorize any third persons to use the Service on their behalf
- 6.1.12./ Members must not transmit and/or publish and/or e-mail to other Members
any information, images and/or such other material that is pornographic, racist,
abusive, libelous, harassing, against good taste, threatening, slanderous and/or
obscene in nature. Members state and warrant in full awareness of their liability under
criminal law that they will not engage in any crimes prohibited by the Criminal Code.
- 6.1.13./ Members must not transmit and/or publish and/or e-mail to other Members
any information, images and/or such other material capable of offending the political
and/or religious beliefs of other Members, and the ownership, publication and
transmission of which is prohibited by law
- 6.1.14./ Members must not upload to the Service platform any material containing
viruses or subject to copyright.
- 6.1.15./ Members must not attempt to capture the e-mails of other Members.
- 6.1.16./ Members must not use any devices, software or programs which attempt to
interfere with the intended usage of the Website.
- 6.1.17./ A Member must not complete multiple registrations in order to avoid Users
being misled.
- 6.2./ If you violate any of the above rules, we may block your account - without prejudice
to the application of the provisions of Chapter 8 -, automatically remove the messages or
content in question, partially or fully prevent you from displaying your Data Sheet, and/or
block your access to the Service, exclude you from the Service partially or completely,
temporarily or permanently without paying you any compensation or refunds of any kind,
not excluding the possibility of imposing on you further consequences under criminal
and/or civil law.
7./ Your Data Sheet
- 7.1./ You are aware that other Users may display your Data Sheet. You accept that
the pictures uploaded to your Data Sheet are accessible via newsletters (point 14.4)
just as they are freely accessible to all visitors of the website.
- 7.2./ If you disclose and/or otherwise reveal to someone confidential or sensitive
information about yourself, you do so solely at your own risk.
- 7.3./ You may also display the Data Sheet and personal details of other Members.
- 7.4./ You specifically warrant that any and all information you might disclose:
- 7.4.1./ is authentic, true, complete and not misleading, furthermore
- 7.4.2./ you promise to regularly update the former to ensure that it stays authentic,
true, complete and not misleading from the point of view of other Members, even
if there is a significant change in your situation.
- 7.5./ We reserve the right to inspect your Data Sheet from time to time, to amend
and/or erase it, should there be a need for such amendment/erasure pursuant to the
provisions of this Agreement.
- 7.6./ You shall assume sole liability for the content of your Data Sheet which you
make public in connection with using the Service and forward to other Members.
- 7.7./ Pursuant to Section 7.6 you are aware that Members are alone liable for the
content of any information they disclose. Members are responsible for ensuring that
the data they provide are truthful and relate to their own person. The deliberate and/or
fraudulent communication of false information may evoke legal sanctions, and could
lead to the termination of the Agreement with immediate effect. Premium Members
remain obligated to pay any unpaid fees in such cases for the services they use, and
they shall not be authorised to request refunds.
8./ Termination of Membership and/or Premium Membership
9./ Legal Consequences of Terminating Membership and Subscription
- 9.1./ With the termination of Membership, your Data Sheet will be immediately erased
and all of your membership rights arising from this Agreement will also cease with
immediate effect.
- 9.2./ Upon the termination of their membership status, Premium members -
depending on their chosen payment method - may have to separately request
cancellation of our automatic subscription renewal service. On the 'Registration
Deletion' page we explain in detail to all our Members the technical steps they need to
take in order to terminate automatic renewal. Therefore by accepting this Agreement
you acknowledge that your failure to cancel automatic renewal entitles the Service
Provider to debit you with the subscription fee of the next subscription period,
depending on the payment method. Former Members are solely responsible for the
consequences of failing to cancel automatic renewal, and we do not accept liability for
such omissions by Members and we will not refund any monies in this regard.
- 9.3./ Upon termination of your Premium Membership, only your subscription and
additional networking rights associated with Premium Membership are terminated
(with the exception of cases regulated under Sections 8.2.2.3.5, 8.3.1.2 and 8.4.1, in
which cases the legal consequences set out in Section 9.1 also take effect). Former
Premium Members who had only their Premium Membership terminated, are still
classed as Members; i.e. they enjoy the rights and have to meet the obligations
associated with Membership.
10./ Intellectual Property Rights and Confidentiality
- 10.1./ We are the sole and exclusive proprietors of all intellectual property rights in
respect of the Service and the Website.
- 10.2./ By accepting the Agreement, you represent and warrant to us that the
information on your Data Sheet was disclosed by yourself, and you are the sole
author of the Data Sheet.
- 10.3./ You undertake to treat confidentially and you will refrain from using – other
than for the purposes intended by the present Agreement – any information
concerning the Service that has come to your attention or that may come to your
attention, except for public information, or information the disclosure of which is
required by law.
- 10.4./ We take every reasonable effort to keep your personal data, such as your
surname, e-mail address and phone number secret, and we undertake not to
disclose such information – except insofar that such information is public, or its
disclosure is required by law
- 10.5./ Trademarks, logos, graphic designs, photos, animations, videos and texts
that appear on the www.sugardate.eu website are the intellectual property of
sugardate.eu, and they may not be reproduced, used, disclosed, circulated, be
commercially bought and sold or displayed / exhibited without our express, prior
written consent.
- 10.6./ All programs and any content and material featured therein (including brand
and trade names) may be used strictly for the purposes defined by the present
Agreement.
11./ Warranty
- 11.1./ We provide you with the Service in its currently existing form, and it is not
guaranteed that the Service or any part thereof will meet your requirements, aims
and/or your expectations. We merely provide the Service but have no leverage
over its effective outcome, and so we do not accept responsibility for you not
making contact with other Members during the term of your subscription.
- 11.2./ We do not offer a warranty in any way for information accessible through
the Service.
- 11.3./ We do not offer a warranty for any errors encountered in the Service, its
outcomes, accessibility and/or uninterrupted usage, when such errors are caused
by the congestion of the telephone network or lines, online computer systems,
servers or service providers, computer devices, software, e-mail or the Internet, or
any malfunctioning of the former.
12./ Using the Service
- 12.1./ The Website is only a forum allowing Members to post information about
themselves and allows you to make contact with other Members at your own
discretion via the Service.
- 12.2./ You hereby represent and warrant that you are aware that information
posted on other Members' Data Sheets is a mere reflection of how they would
characterise themselves. We recommend you not to assume that information
found on any Data Sheet is necessarily correct and accurate.
- 12.3./ We do not inspect every single Data Sheet in order to find out whether they
are correct and not misleading. We do not claim or warrant that information found
on Data Sheets is correct, and we do not accept any obligation to inspect any
information on any Data Sheets.
- 12.4./ Before taking action based on any information found on a Data Sheet, or
any information that has come to your attention in connection with using the
Service, our advice is to make every effort – at your own cost – that you think is
necessary to verify the authenticity and correctness of the information in question.
- 12.5./ If you make arrangements to meet anybody via the Service, you do so
solely at your own risk. We recommend that you take every precaution that you
think is necessary from the point of view of keeping yourself safe.
13./ Disclaimer
- 13.1./ We do not accept liability for any error in the Service that has been caused
by you and/or other Members, or for errors which would not have occurred without
a Member's contribution. In addition, we do not accept liability for the misuse of
your personal details by any Members disclosed by you to such Members
- 13.2./ We do not accept liability for the consequences of your failure to pay any
monies in full – whether or not by bank transfer – by the due date.
- 13.3./ Should you encounter any error for which you hold us responsible, you
must give us a reasonable chance to correct such error before you incur any
costs and/or expenditure in connection with correcting the error yourself.
Otherwise we cannot be held liable.
- 13.4./ We do not accept liability for claims arising from or in connection with using
the Service or you having trusted information and/or other material that was
accessible through the Service or that was delivered to you by other Members.
- 13.5./ As a result of using the Service other Users and/or unauthorised individuals
(hackers) may gain access to and abuse information relating to your person. We
do not accept liability for breaches committed by other Members or unauthorised
users in connection with information and/or other material relating to your person
that was previously made public by you or delivered by you to other Members
through the Service.
- 13.6./ You are obliged to mitigate all damages, injuries, costs and expenses that
you might incur based on the above provisions.
- 13.7./ If we are liable for any issues stemming from this Agreement, the damages
we are to pay cannot exceed five times the amount that you paid for the Service
during the term of this Agreement.
- 13.8./ The exclusions or limitations of our liability as set out in this Agreement do
not cover instances of liability, when the power of law does not allow any
exclusion or limitation of such liability
- 13.9./ This Agreement cannot exclude or limit your rights granted by consumer
protection legislation, the exclusion or limitation of which is prohibited.
- 13.10./ We do not accept liability for late Service performance and/or similar
problems beyond our reasonable control, including but not limited to force
majeure events, war, floods, outbreaks of fire, labour disputes, strikes, work
stoppages, riots, civil unrest, deliberate causing of damage, explosions,
government decrees and similar events.
- 13.11./ We do not accept liability for false statements made by Members. This is
another reason why it is important that you take certain precautions before
meeting another Member. We are in no way liable for meetings taking place
between sugardate.eu Members or in respect of meetings taking place between
Members and non-members resulting from using the website and its services.
14./ Use of Information, Data Management
- 14.1./ The Data Handler is ntice Kft. (registered seat: H-1135 Budapest, Reitter
Ferenc utca 50.). We manage your data in the manner and in accordance with
the terms and conditions defined in our Data Protection Regulation. You can
access our Data Protection Regulation at any time on the following link:
https://www.sugardate.eu/en/privacy. Please read our Data Protection Regulation
before registering! As our Data Protection Regulation constitutes an inseparable
annex to the present GTC, by completing your registration you represent and
warrant that you accept the terms and conditions contained therein.
- 14.2./ Certain data and IP-addresses of computers of Users visiting the Website
are logged in order to keep a record of User visits. We use such data exclusively
for generating statistics and they are not linked to other data. Some of our
services install unique identifiers, so-called cookies on the users' PC for the
purposes of data recording, user identification and making it easier for users to
make subsequent visits. It is possible to set the browser used for Internet access
to receive notifications whenever the Service Provider wants to install a cookie on
the user's PC, so that they can reject cookies at any time.
- 14.2.1./ Cookies are text files stored temporarily in a computer's
memory ('session cookies') or on the hard drive ('persistent cookies').
We do not use cookies to develop programs or to spread viruses. On
the contrary, the main purpose of using cookies is to work out custom
tailored offers meeting your specific needs, and to facilitate the most
efficient use of the service.
- 14.2.2./ We deploy cookies also when the user accesses our services
through an external advertising platform.
- 14.2.3./ We use persistent cookies to keep track of the clicks that users
make, and to automatically differentiate when the user has already
taken part in the same type of question round or has already seen an
info appearance or advertising action posted on the website – to
prevent these from appearing again when the user is next visiting the
same site.
- 14.2.4/ The advertisements of ntice Kft. are displayed also by external
service providers (for example Google). These external service
providers use cookies to store information about the user's previous
visits to various web locations of ntice Kft. and they use this information
to select advertisements that they think will be the most relevant to the
given user.
By visiting http://www.networkadvertising.org/managing/opt_out.asp
you can reject the cookies of external service providers at any time.
- 14.3./ Your data will be registered with your completion of the registration data
sheet. Before submitting your registration data, you have the chance to spot
and to correct any data input errors. Confirmation of your registration offer and
your activation code will be sent to your e-mail address in the form of a
message, therefore please make sure your e-mail address is valid. Purpose of
data management: to provide a dating service, to satisfy our related
contractual rights and obligations, to generate website traffic statistics, to allow
other users to find out as much about you as possible - in other words to
ensure that service provision is as efficient as possible and meets the highest
quality standards -, furthermore with your consent to use such data for
marketing purposes, contact via phone or text messages, send newsletters,
generate direct business leads, and - once again with your consent - to show
your location to other users.
We may send you system messages to your designated e-mail address in
connection with the service. If on the registration page you have specifically
agreed to receiving newsletters, then we may also send newsletters to your email
address in connection with promoting the product sales of our partners
and to generate direct business leads for our partners.
- 14.4./ Newsletters may also include advertisements concerning the products
and services of ntice Kft. and its contractual partners. Should you wish to
cancel these information bulletins, for further information please read the
contents of Section 14.9.
If on the registration page you have provided your phone number, by ticking
the box on the registration data sheet you may request ntice Kft. to contact
you by phone with service offers, advertisements, and to notify you if you are
the winner of draws. By ticking this box you also give your voluntary consent to
being contacted by phone in accordance with the current section.
You can at any time, free of charge and without limitation or without having to
give any justification withdraw your consent to being contacted by phone or
having your data used for marketing purposes or having your details
forwarded by going to the info@sugardate.eu e-mail address, or by writing to
ntice Kft. H-1135 Budapest, Reitter Ferenc utca 50. As soon as you withdraw
your consent to being contacted by phone, we will erase your phone number
from our systems. In accordance to your request, we will not contact you by
phone after receiving communication from you about the withdrawal of your
consent, neither will we use your personal details for marketing purposes but
will take steps to stop your data from being forwarded in future.
- 14.5./ Providing information during registration is always voluntary. At the
same time, leaving so-called mandatory fields on the registration datasheet
blank could result in failing to successfully complete your registration.
Registration data will be held on the system until you request their erasure.
Registration data can be modified on the Data Sheet any time. Please note
that certain optional sections of the registration data sheet may contain
sensitive information - if they are voluntarily filled out. In such cases, your
acceptance of the present Registration Regulation is deemed to constitute the
equivalent of a written statement, and as such it will be electronically
registered by us in a manner that allows subsequent retrieval. By completing
the registration form you consent to having your personal data processed,
including but not limited to your home address, age, marital status, nationality,
smoking and drinking habits, religious and political affiliation, character,
hobbies, nationality, areas of interest and behaviour. You also give your
consent to having your Data Sheet uploaded on the Website.
- 14.6./ We take every precaution with regards to our databases to make sure
that all your information is stored in a secure environment. Access to
registered data sheets is restricted to Sugardate's system managers, whereas
certain publicly visible data are accessible to other users and visitors of the
web portal.
We will never disclose personal data to third parties other than for the
purposes defined in this Agreement. The above non-disclosure clause is not
applicable to data transfers required by law, which can only take place in
exceptional circumstances. Before satisfying any information request from a
government authority we will verify for every single piece of data whether the
request for disclosure and our obligation to oblige rest on solid legal
foundations.
- 14.7./ By accepting this Agreement, you consent that we may process your
voluntarily provided data and that we may use such data for our advertising
activity in a data format as permitted by the relevant laws.
- 14.8./ Agreements are electronically filed, and during their term of validity they
can be retrieved for reference. We will store your data at Invitel Távközlési
Zrt.'s server rooms under 24/7 security surveillance, on the hard disk drives of
our own dedicated server. Internal data breach is practically impossible and
data are protected against external hacking by a sophisticated firewall. At the
same time you should be aware that in the current technological environment
data involved in data transmission and relay over the internet cannot be
absolutely prevented from unauthorised access (e.g. hackers) even with the
outmost of care, and therefore we do not accept liability in connection with
such access incidents.
- 14.9./ The data referred to in Section 14.2. are automatically recorded,
whereas in relation to other personal data more closely linked to your identity
you can decide at your own discretion if you want to disclose these or not.
Legal grounds for data management are created by obtaining the consent of
the data subjects concerned. You are entitled to ask for information about how
your personal data are managed. At your request, we shall provide information
about what data relating to your person is managed by us, for what purpose
and on what legal grounds, over what time period, the name and address
(registered seat) of the Data Processor and what data management activities it
is involved in, also who are receiving / have received data and for what
purpose. Information may be requested at info@sugardate.eu or under
'Customer Service'. You can correct your own personal information. You can
do so on your personal Data Sheet after signing in. You are entitled to request
the erasure of your data in the manner as described in Chapter 8.3, and to
cancel specific services and newsletters by clicking on the 'Unsubscribe' link.
From the moment of erasure, all data relating to your person will be
irrevocably deleted. Other - non-mandatory - data entered on your personal
Data Sheet can be erased by amending your personal Data Sheet, by deleting
the data to be erased from the relevant data fields.
- 14.10./ If you feel that we have violated your right to the protection of your
personal data, you can lodge a claim with a civil court, or alternatively you can
ask for the assistance of the Hungarian National Authority for Data Protection
and Freedom of Information. Information about your further rights with respect
to data management and your options to seek legal remedy, as well as
detailed statutory provisions pertaining to the Data Controller's obligations are
found in Act CXII of 2011 on the Right to Informational Self-Determination and
the Freedom of Information.
- 14.11./ If you give permission to the Service Providers in the Application or on
the Website to show your location, then by using this Service you are also
consenting to us showing your current position to other users with a precision
of maximum 200 meters. If you do not enable the 'show my location'
functionality, then Service Providers will show your current position at random
spots within your town/district, based on your publicly available home address
information. Using the Service shall be construed as a consent to this
condition.
- 14.12./ Data management registration number
NTICE Kft.: NAIH-83283/2015.
15./ Compensation
- You undertake to compensate us for any damage, proceedings, lost profits, loss,
incurred fees, expenses and costs (including increased administrative costs and legal
fees on a full compensation basis), claim, lawsuit and any other damage and/or debt
which has resulted from any use of the Service by yourself, from any information
disclosure by yourself via the Service and/or other such material, from any contract
breach, from any act causing damage, act of negligence and/or breach of a legal
obligation towards us.
16./ Court with jurisdiction and applicable law
- The application and interpretation of this Agreement shall be governed by Hungarian
law. By entering into this Agreement, the Parties stipulate the exclusive jurisdiction of
the Central District Court of Buda, and that they will bring before that court any legal
dispute which may arise between them in connection with the present Contractual
Terms and Conditions, including without any limitation its validity, interpretation,
performance, termination and any consequences of such termination.
17. Dealing with complaints
- If you have any complaints in connection with your purchase, as the case may be,
you can notify us of your complaint at any of the contact details set out in this present
GTC. Our Complaint Management service is always free of charge.
a.) Verbal complaint
We will investigate your verbal complaints without delay and we will remedy them
straight away to the extent possible. If you are unhappy with how we are dealing with
your complaint or if it is not possible to remedy your complaint straight away, then we
will minute your complaint, consult you about its contents and seek your approval.
You will receive the minutes in copy. As soon as we receive your complaint, we will
investigate it and we will inform you in writing of our findings with justification within 30
days of the date of submission.
The above procedure is also applicable to complaints received by phone.
The minutes of your complaint will record the following details:
a) your Name;
b) your home address and your mailing address, as necessary;
c) the place, time and manner of receiving your complaint;
d) detailed description of your complaint
b.) Written complaint
In case of a written complaint, we investigate it upon receipt and we inform the
complainant in writing of our findings within 30 days of receiving communication about
the complaint. If you request us to do so, we will also send electronic communication
to the Service Provider about the outcome of the investigation
We will investigate the complaint and reject or remedy it in accordance with effective
laws and regulations.
In our response letter we explain the outcome of the full investigation of the complaint,
describing any measures taken to remedy the complaint, and in case of a rejection
describing reasons for the rejection. Any such communication will be complete with a
clear, easy-to-understand justification, meaning that we will use simple language
avoiding any unnecessary use of legal jargon. We are committed to providing
meaningful answers in our response letter to all points raised under the complaint.
c.) Book of Complaints
We manage the following data in connection with our complaint management function
- Your name
- Your home address or mailing address
- Your phone number
- method of receiving notifications
- description of and reason for the complaint
- your requirements in connection with the complaint
- copies of documents in your possession and needed to substantiate the complaint
- any other information needed for investigating and addressing the complaint
During the complaint management process any data and information we receive from
you will be handled in accordance with the provisions of Act CXII of 2011 on the Right
to Self-Determination and the Freedom of Information.
Written complaints – including the minutes of in-person statements about your
complaint – and any answers given in response will be archived for a period of five
years. After the end of the archiving period any data carriers (documents) will be
scrapped.
Any personal details recorded in the Book of Complaints will be used exclusively for
the purpose of registering and adjudicating complaints.
d.) Legal remedy
If your complaint is completely or partially rejected, or the above deadline set for
investigating the complaint lapses without any result, then you can escalate the
matter to the following authorities and bodies:
Budapest Government Office
Műszaki, Engedélyezési és Fogyasztóvédelmi Főosztály, Fogyasztóvédelmi Osztály
[Technical, Licensing, and Consumer Protection Directorate, Consumer Protection
Department]
Address: H-1052 Budapest, Városház u. 7.
Postal address: 1364 Budapest, Pf.: 144.
Phone: +36-1 450-2598
E-mail: fogyved_kmf_budapest@nfh.hu
Budapesti Békéltető Testület [Budapest Conciliatory Body]
Address: 1016 Budapest, Krisztina krt. 99.
Phone: (1) 488-2131
Fax: (1) 488-2186
E-mail: bekelteto.testulet@bkik.hu;
e.) Online dispute settlement platform
Please note that in accordance with the provisions of Regulation (EU) No 524/2013 of
the European Parliament and of the Council of 21 May 2013 on online dispute
resolution for consumer disputes and Act CLV of 1997 on Consumer Protection
(which also implements Directive 2013/11/EU), you can also submit your complaints
directly at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
The condition for reporting your complaint is that it should pertain to a service that you
received from us in return for a fee and not free of charge.
You also have to be an EU citizen living in the European Union who is using our
services from outside of Hungary.
The online dispute settlement platform has to be used for services that you initiated
from within the European Union.
The European Union will forward your complaint to the online dispute resolution
contact point in Hungary.
18./ Miscellaneous
- 18.1./ This Agreement is executed strictly between us and yourself, the
acquisition of any rights by third parties under this Agreement is prohibited, so
third parties cannot force performance of the Agreement. With the creation of the
Agreement, any rights of third parties for the performance of this Agreement shall
cease to exist, even if they have the consent of the aforementioned third person.
- 18.2./ You cannot assign to a third party the Agreement or any of your rights
pertaining to the Service. At the same time, we are entitled to assign any of our
rights and obligations pertaining to the Service and arising from or in connection
with the present Agreement. If, by our choice, our rights become assigned to a
third party, we will be freed from all responsibility arising from the present
Agreement.
- 18.3./ Should you find that any content found on the website violates your
intellectual property rights, then you can alert us to the existence of a legal breech
by sending us your declaration executed either as a public document or as a
private document with full probative power, and request us to remove any content
violating your rights. Such notification must state the nature of the violation
together with an overview of any facts supporting that a legal breach is likely to
have taken place, any information needed to identify the illegal
information/content, your name, home address or registered seat, your phone
number and e-mail address.
- 18.4./ Our failure to take immediate action against any behaviour on your part
which constitutes a breach of contract does not amount to our approval of such
breach and cannot be construed as grounds for committing other further breaches
of contract.
- 18.5./ This document contains the entirety of the agreement between us and
yourself, as the Parties. Should a competent authority declare any provision of
this Agreement null and void partially or in its entirety, then any surviving part of
that provision and the rest of the Agreement stay effective and valid without
prejudice to the former
- 18.6./ Should you have comments about the Service or suggestions for improving
the Service which you would like to share with us, you are welcome to e-mail
these to our contact e-mail address shown under Customer Service. Please note
that by doing so you are authorizing us and through us certain third parties to use
your ideas or comments without further compensation, free of charge, without
limitation to geographical area, time or the manner and extent of use, in an
unchanged or revised format, and to incorporate these into the Service, without
consideration of the unique or original nature of your ideas.
- 18.7. To find out about contacting our Customer Service by phone and their
business hours, as well as to send an e-mail, you first need to sign in to the
Service, then click on the 'Customer Service' link in the footnote pane to view the
necessary information.
- 18.8. Please direct any observations and complaints concerning data
management to the Hungarian National Authority for Data Protection and the
Freedom of Information (H-1125 Budapest, Szilágyi Erzsébet fasor 22/c).
You can download these contractual conditions in pdf format here:
http://www.sugardate.eu/en/terms
You can write to us at the following mailing address (this is also the address where you can
notify us of any complaints you may have concerning this Agreement):
ntice Kft.
H-1135 Budapest, Reitter Ferenc utca 50.
E-mail: info@ sugardate.eu