The Privacy Notice that complies with all of the provisions and requirements of the General Data Protection Regulation (GDPR) and the so-called Hungarian ‘Data Protection Act’ forms an integral part of and must not be separated from the General Terms and Conditions (hereinafter, ‘GTC’).

The present General Terms and Conditions define and specify the rights and obligations of the recipient (hereinafter, ‘User’) with a view to the provision of information society services (hereinafter, ‘Service’) made available via the mobile application ‘Quest with Us’ (‘Nyomozz velünk’, hereinafter, ‘Application’) and supplied by AR/VR Game Flow Kft. (hereinafter, ‘Provider’) and to the use of the Service.

1. The Provider’s data:

Provider’s name: AR/VR Game Flow Kft.

Provider’s address: H-8283 Káptalantóti, Badacsonyi u. 27.

Provider’s customer service contact detail, i.e. its electronic mailing address regularly used to communicate with the recipients: info@ar-game.hu

Company registration number: 19-09-517089

VAT number: 13644947-1-19

Name of registry authority: Company Registry Court of Veszprém Regional Court. Date of company registration: 14/03/14. Date of publication: 03/04/14.

Phone number: +36 20 9441 207

Original language of the contract: Hungarian

Hosting provider’s name and contact details: MediaCenter Hungary Kft.

Hosting provider’s company registration number: 03-09-114492

 

1. Definitions

Unless otherwise provided for in the present GTC, the following capitalised terms used in the present GTC shall have the meanings assigned to them here:

‘Privacy Notice’	means the privacy declaration that specifies the Provider’s privacy policy regarding the processing of personal data provided by the Users of the Application, and its provisions shall be applied in conjunction with the provisions of the present GTC;
‘Privacy Act’	means the Hungarian Act No. CXII of 2011 on the right of informational self-determination and freedom of information;
‘Application’	means the mobile application called ‘Quest with Us’ (‘Nyomozz velünk’) and operated by the Provider;
‘GTC’	mean the present general terms of use;
‘E-Commerce Act’	means the Hungarian Act No. CVIII of 2001 on certain aspects of electronic commerce services and information society services;
‘User’ (or ‘Users’)	means (i) the natural person who has purchased access to the Service, or (ii) the natural or legal person or organisation without legal personality (or the natural person acting on its behalf) considered to be the recipient of the Service (the plural form of User is Users);
‘Website’	means the Internet website ‘nyomozzvelunk.hu’ operated by the Operator, via which the elements of the Service are made available;
‘Civil Code’	means the Hungarian Act No. V of 2013 on the Civil Code;
‘Copyright Act’	means the Hungarian Act No. LXXVI of 1999 on copyright;
‘Service’	means the services provided by the Provider via the Website or the Application.

3. Scope of the GTC and Conclusion of the Contract

The scope of the present GTC covers all legal relations established by the use of the Application. The present GTC are continuously available on the website nyomozzvelunk.hu.

The Contract concluded under the present GTC will not be registered, is only concluded in electronic form, shall not be considered a written contract, is drafted originally in Hungarian, and does not refer to any code of conduct. Contracts concluded under the present GTC shall not be considered written contracts, they will therefore not be registered by the Provider and be accessible subsequently.

All issues not regulated by the present GTC shall be governed by and the present GTC shall be construed in accordance with Hungarian law, including in particular the relevant provisions of Act No. V of 2013 on the Civil Code and Act No. CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter, ‘E-Commerce Act’). The mandatory provisions of the relevant laws shall be applicable to the parties without any separate express stipulation.

The present GTC shall take effect as of 21 August 2018 and shall remain valid until repealed or until its amendments enter into force.

The Provider reserves the right to unilaterally amend the present GTC. Users who are new recipients of the Service acknowledge that the amended GTC enter into force upon publication on the Website.

The Provider also reserves the right to alter or remove any content of the Service, to modify its look, content, or functions, to display ads, content promoting its own services, or other content on the Application or the Website at any time without prior notification.

The Contract concluded under the present GTC is entered into after the User has downloaded the Application and accepted the present GTC, and by accessing the Application or the Website operated by the Provider or by being acquainted with its content in any way — even if the User is not a registered user of the Application — the User expressly agrees to and accepts to be bound by the present GTC and the Privacy Notice. If the User does not accept the terms, (s)he shall not use the Application or view its content. Where the User is minor, his/her legal representative(s) shall take full responsibility for his/her activities.

4. Responsibility and Restrictions relating to the Use of the Application

By activating the Application and providing the User’s email address after downloading the Application, the User expressly agrees to and accepts to be bound by the provisions of the present GTC and explicitly consents to the processing of his/her personal data pursuant to the Privacy Notice.

All Users shall use the Application at their sole risk and under their own responsibility.

The Provider shall not be liable to the Users for any damage incurred by the Users on account of the Service or certain functions thereof having been suspended by the Provider due to the breach of the provisions of the present GTC or legislation by the Users.

5. Scope of the Service

The Provider provides services for the Users while taking full account of the provisions of E-Commerce Act.

The Provider does not check the content of the information made available on the Application by the Users with the exception of the content moderation detailed above, the Users shall therefore be fully responsible for the correctness of the data provided by them.

6. Use of the Service

The Service may be used via the Website or after downloading the Application into iOS or Android OS mobile devices as detailed in Section 7. The use of the Service requires Internet connection. The User shall at all times ensure that technical and other conditions necessary for the use of the Service are met.

7. Use of the Application and Creation of User Profile

7.1 The Users need to download the Application, depending on their mobile operating system, from the App Store (iOS) or Play Store (Android) to use the Application. The Users may use the Service as registered or non-registered users.

7.2 Use of the Application by the Users via Mobile or Other Technical Devices:

The acceptance of the Privacy Notice and the GTC is a condition of the User’s continued access to the Application. By accepting the GTC the User expressly agrees to and accepts to be bound by the provisions of the present GTC and explicitly consents to the processing of his/her personal data pursuant to the Privacy Notice.

8. Notification Control

The Provider may send notifications to the Users in the form of system notifications to ensure the optimal use of the Service.

If the User is playing a team game organised by AR/VR Game Flow Kft., its employees, its partners, or the employees of one of its partners via the Application, the above listed organisers need to have access to data stored on our servers to ensure the smooth conducting and support of the team game/game.

The organisers, in possession of such data, may contact the players by sending notifications via the Application in the course of the team game/game, which requires the players’ consent before starting the team game.

9. Data Privacy

The Privacy Notice provides for the processing of the Users’ personal data.

By accepting the present GTC the User represents that (s)he has read and accepted the relevant provisions of the Privacy Notice under ‘General Terms and Conditions’.

10. Prohibitions and Restrictions relating to the Use of the Service

The User shall not use any device, system, or solution that could have a negative impact on the functioning of the Service, prejudice the purpose of the Service, or otherwise hinder the proper functioning of the Service.

Should the Provider becomes aware that infringing information can be found on the Service, it shall act in accordance with the requirements of relevant legislation in this regard. In the event of an infringement, the Provider shall provide the acting authorities with all necessary assistance to enable those authorities to identify persons responsible for the acts infringing the laws and the rights of third parties and to hold them accountable for their acts.

11. Copyright Protection

The contents made available on the Application and the Website in connection with the Service are protected by copyright. The Provider is the owner and holder of the copyright related to the Website, the Service, and the Application as software. The Provider shall have any copyright and any right for the protection of the maker of the database, and the Service shall not be used or made use of in any way other than reading, viewing on screen, temporary reproduction necessary for this purpose, capturing and printing for personal and non-commercial purposes inherent in the use of the Service in accordance with its intended purpose without the prior written consent of the Provider.

12. Confidentiality

By playing the games ‘Quest with Us’ (‘Nyomozz velünk’), all players agree, under penalty of perjury, to be forbidden from sharing any information concerning the games, the solution, or any part thereof with third parties.

13. Liability

1. The User expressly acknowledges and accepts that the Provider shall not assume any responsibility or liability for the Service’s reliability, fault-free functioning and fitness for purpose, and any damage, loss, or other legal consequence, direct or indirect, arising out of the lack of the aforesaid. The Provider shall also not be liable for any failure and any consequence thereof occurred for reasons beyond the control of the Provider (e.g. due to technical failures of Internet network or disruption of Internet service).
2. The Users shall play the games ‘Quest with Us’ (‘Nyomozz velünk’) at their sole risk.
3. Persons below 14 years of age shall not play the games ‘Quest with Us’ (‘Nyomozz velünk’) unaccompanied by an adult and without their parents’ consent.
4. Persons under the influence of alcohol or drugs shall not play the games ‘Quest with Us’ (‘Nyomozz velünk’).
5. The average length of each game ‘Quest with Us’ (‘Nyomozz velünk’) is always specified in the description of each game on the Website. The User may of course stop to rest and take a break during a tour, which, however, increases the game length.
6. Participation in the games ‘Quest with Us’ (‘Nyomozz velünk’) is restricted to Users who can make a 5 km hike.
7. The Provider shall not assume any liability for any personal injury, material and non-material damage arising out of or resulting from the play of the games ‘Quest with Us’ (‘Nyomozz velünk’).
8. The Provider shall not be held liable or responsible for unexpected or temporary non-availability of or inaccessibility to the route or the tools on or stations of the route, including roadworks, roadblocks, or landscape care by local government. The Provider regularly perform game route checks in order to avoid such cases.
9. The Provider shall not take responsibility for accessibility for disabled persons with regard to the games ‘Quest with Us’ (‘Nyomozz velünk’), but information on this is specified in the description of each game on the Website. In the event of disregarding that, the User shall not make any claim against the Provider, be entitled to the reimbursement of the price of the Service, or claim damages, compensation, or other payment for any reason.
10. Pets are allowed to be brought by their owner to the games organised by the Provider. However, the User shall be fully responsible for the behaviour of his/her animal and liable for any damage or injury caused by his/her animal. Dogs must be muzzled and kept on leash and may only be brought to games, in which the participation of animals is allowed. The Provider shall not take responsibility for the loss or theft of an animal brought to a game.
11. The Provider or its agent may take photos or videos in the games ‘Quest with Us’ (‘Nyomozz velünk’), which may subsequently be used for its own purposes. By signing up for a game, the participant consents to being photographed and/or filmed, that his/her image and/or voice may be recorded on audiotape or videotape or on photographs during the game, and the Provider shall not seek his/her further consent in this regard. The Provider may use the audio and/or video recordings and/or photographs made or taken by the Provider for the purpose of promoting the games ‘Quest with Us’ (‘Nyomozz velünk’) or for decorative purposes on the Website.
12. The User may prohibit the Provider from making recording or taking photos of him/her prior to recording/shooting, (s)he, however, shall not object to the use of the recording/photos lawfully made/taken in accordance with the present GTC. For children under the age of 14 their legal representatives have the authority to give the consent to recording.
13. The User may interrupt and continue the games ‘Quest with Us’ (‘Nyomozz velünk’) later. The QR code sent by the Provider and giving access to a game is valid until the game is finished. Subsequently, the code will no longer be available, may not be transferred to other persons, and will expire.
14. The Provider shall not be responsible for the adequacy and quality of meals, food or beverages consumed at sites visited in the course of the games and tours and shall not be liable for any damage caused by such meals, food or beverages, the third-party supplier of meal or beverage serving services or foodservices shall be solely liable for such damage.
15. The Provider shall also not be held responsible or liable for what allergens and other substances and ingredients the food consumed during the games contains, and the Provider does not agree to check the allergens, quality, or other aspects of this food, the Provider shall therefore completely exclude its liability or responsibility in this regard.
16. The Provider shall also not be held responsible for the User’s appropriate clothing for the weather during a game and the User’s ability to complete a game. All relevant information is made available on the Website, the Provider shall therefore completely exclude its responsibility in this regard.
17. A voucher without an expiry date bought to a game ‘Quest with Us’ (‘Nyomozz velünk’) is valid as long as the game is available. If the location for a game bought and paid by the User is no longer available, the User may redeem the voucher for another game free of charge. In this case, the User must contact the Provider using the contact details provided on the Website.
18. Should any third party, authority, or court makes any claim or bring an action against the Provider due to or in connection with the User’s conduct, the User shall take all measures required by the Provider and compensate the Provider for all damage, financial losses, and expenses suffered by the Provider by reason of or in connection with the User’s unlawful conduct.
19. The User acknowledges that distribution through services provided by third parties may require the User to download new updates of the Application. The User expressly acknowledges and accepts that downloading the updates is of interest solely to the User.
20. The User expressly acknowledges and accepts to be solely responsible for the use of the Service, including all and any material or non-material damage, injury, or other consequence arising in connection with the User’s conduct.
21. The User shall compensate the Provider for all damage and costs suffered by the Provider arising out of or in connection with the User’s unlawful conduct.
22. The User shall indemnify and hold the Provider harmless should any third party, authority, or court makes any claim or bring an action against the Provider due to or in connection with the User’s conduct, and the User shall take all measures required by the Provider and compensate the Provider for all damage, financial losses, and expenses suffered by the Provider by reason of or in connection with the User’s unlawful conduct.
23. As regards the User’s liabilities and responsibilities referred to in these paragraphs, the User shall remain responsible and liable even after the termination of the Contract.
24. The breaching User shall be liable for damage caused on the grounds of his/her conduct that constitutes a breach of the security of information technology systems. In view of the above, the Provider shall exclude its liability for any damage incurred during the use of the Service in all cases where the User has used or disseminated viruses or other malware, had unauthorized access to, destroyed, damaged or disclosed personal or other data in the possession of the Provider, or carried out other threat (hacking) actions.

14. Deletion of the Application and User Profile

You may at any time delete the data stored on your device by uninstalling the Application through its operating system. After activating the cloud-based solution to synchronise the device (e.g. Samsung Cloud or Apple iCloud) you may need to remove cloud data protection to delete the data stored in cloud.

Photos taken with the Application ‘Quest with Us’ (‘Nyomozz velünk’) are saved on your device, these photos therefore are not automatically deleted when removing the Application. The Application ‘Quest with Us’ (‘Nyomozz velünk’) is not entitled to give these permissions. This depends on the security and/or privacy settings of the iOS or Android operating system.

The data of your user profile stored in the server may at any time deleted at your request. Please send a request email at info@ar-game.hu.

15. Right of Withdrawal

The content of the Application shall be considered as ‘digital content that is not supplied on a tangible medium’, the User may therefore only exercise his/her right under Article 20 of Government Decree No. 45/2014 (II. 26) on the detailed rules of contracts concluded between consumers and businesses if (s)he has not made the payment online and received a unique access code necessary for getting access to a game that runs within the Application.

Pursuant to Article 29(1)(m) of Government Decree No. 45/2014 (II. 26) if the Provider has commenced performance of the contract with the User’s prior and express consent, the User acknowledges that (s)he loses his/her right of withdrawal under Article 20 after commencement of performance when giving his/her consent.

16. Termination of Contract

The User may terminate the Contract by deleting his/her user profile or, where the Application is used, by deleting the Application from his/her device. The User may also terminate the Contract by making a unilateral declaration to that effect to the Provider.

The Provider reserves the right to reduce, suspend, or terminate the Service or any part thereof for technical or other reasons, in which case the Contract shall be deemed automatically terminated.

 

Last updated 30 March 2019