Present document of General Terms and Conditions of Service („GTCS”) contains the rights and obligations of Logidok Hungary Kft. („SERVICE PROVIDER”) and the Customer („USER, CUSTOMER”) who is using the electronically transmitted commercial services of Service Provider through its website: www.logidok.com.
The GTCS has an effect to all electronically transmitted commercial services in Hungary that are transferred via the website www.logidok.com. The transfer of service provided via the website is regulated by the Act No. CVIII. of 2001 on Certain Aspects of Electronic Commerce and Information Society Services.
This Agreement will not be codified, will only be made electronically, should not be considered a written contract, and will be written in Hungarian. We are to your service regarding the use of the website, the order of the service and the conditions of the payment in any of the following forms listed below. This GTCS is available on the webpage www.logidok.com and can be downloaded from http://logidok.com/terms_and_conditions.
1. Data of Service Provider
Name of Company: Logidok Hungary Kft.
Registered Office: 2837 Vértesszőlős, Határ út 014/38. hrsz.
Company Registry Number: 11-09-022221
Registering Court: Tatabányai Törvényszék Cégbírósága
Tax Reference Number: 24757249-2-11
Statistical Number: 24757249-7022-113-11
As Company Representative: Dobos Béla Zoltán
Telephone Number: +36703275685
2. Fundamental Provisions2.1. Any matters, not governed by GTCS and for the GTCS itself, shall be resolved by the General Terms and Conditions of Service listed on www.logidok.com, and the prevailing Hungarian Laws, especially the Act V of 2013of the Hungarian Civil Code. The obligatory regulations of the prevailing laws shall be deemed authoritative without any further conditions.
2.2. This GTCS takes affect from 28th August, 2014 and shall be valid until recalled. Service Provider is entitled to modify GTCS on its own right. Such modification will be published by Service Provider on their webpage www.logidok.com on the day of its entry into force. Service Provider claims the right to modify and renew the Application without any previous notice. By updating the Application, the User will automatically (with implicit conduct) accept the modified conditions.
2.3. The Service Provider claims the right for the Application, regarding its parts, content and distribution. You may not use, download, electronically store, process or sell its content or parts of its content in any unauthorized ways without Service provider’s written consent.
2.4. User agrees to use the Service at his/her own risk. Service Provider cannot be held responsible for unauthorized use and for any illegal Content uploaded or seen by user
2.5. The downloaded mobile Application will start when the relevant payment has been made.
3.2. The Service Provider cannot be liable for delays caused by mistakenly or imprecisely given data or any other problems and faults. The Service Provider cannot be held liable either if the customer forgets his/her password or if it becomes available to unauthorized persons for a reason not imputable to Service Provider. Customer can change earlier data after logging in. Service Provider, however, shall not be liable to any losses or mistakes from such data change.
3.3. The User must be a human. Accounts registered by “boots” or other automated methods are not permitted. Programmatically processing e-mails containing Content or links to Content is also prohibited.
3.4. One natural or legal entity must not use the free service for more than one e-mail address, which means that they cannot get an access to the Content.
3.5. The method of registration and setting up a user account:
You must enter your full name, a valid e-mail address, the name and type of your company, the e-mail address you are using to receive documents and your billing data. Only one person is allowed to login; a single login shared by multiple people is not permitted. Please, create separate logins for as many people as you need.
4. The description and usage of the serviceAfter downloading the Mobile Application of Logidok, the drivers will be able to send documents of excellent quality, no matter where they are on the road. The drivers will scan and send the freight documentation to the e-mail address that is connected to your Logidok account. From here, you can download, send and share them, and also make searches among earlier ones.
5. Payment, refunds, update, recovery5.1. You need a valid credit card to pay the account. Of course, if you open a free account, no credit card number will be required.
5.2. You will be billed monthly or annually starting on the day your account was initially created. The service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds for partial months or years of service, update, recovery, or for months or years unused with an open account, except for as it is specified in paragraph 8.
5.3. The fees are net, exclusive of all taxes, levies or duties and User shall be responsible for their payment.
5.4. For any update and download, your credit card will automatically be charged on your next billing circle, prorated for the time remaining in your billing circle.
5.5. Cancelling/suspending your service may cause loss of Content, features or capacity of your Account. Logidok does not accept any liability for such loss.
5.6. Exceeding the stated page limits in a given month will result in an overage fee being assessed and charged to your account on a per-page basis, as specified by your plan. This may appear as a separate charge on your credit card statement. Acceptance of these terms implies authorization for Logidok to collect these fees. You are solely responsible for keeping your payment information up to date.
5.7. Your account will immediately be cancelled if we are unable to charge your credit card due to expiration, cancellation, insufficient funds or lack of authorization.
6. Cancellation and termination6.1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Cancel link when logged into your account administration panel.
All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
6.2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Logidok, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Logidok service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Logidok reserves the right to refuse service to anyone for any reason at any time in case of improper use of the service or any other reasons, especially legal ones.
7. Modifications to the services and prices7.1. Logidok reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In such cases, we shall refund you in proportion to the remaining time.
7.2. Prices of the Services, including but not limited to the monthly subscription plan fees, are subject to change upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the Logidok website (logidok.com) or the Service itself.
7.3. You understand that Service Provider is not liable to you or any third party for modifications, price changes, suspension or discontinuance of the Service.
8. Information on termination8.1. Termination right
8.1.1. From the time the services started under a contract, you can terminate the contract within 14 days without giving a reason.
8.1.2. The deadline of the term of notice is the 14th day after the date of entering into contract.
8.1.3. If you wish to terminate the contract, you must make a clear statement expressing such intention and send it to us (by post, telefax or electronically) to the following addresses: (Postal address: 2837 Vértesszőlős, Határ út 014/38. hrsz.; E-mail: email@example.com.) To do this, you can download our sample Form of Contract Termination FROM HERE.
8.1.4. You are within deadline to terminate the contract, if you send your Statement of Contract Termination before the above-mentioned date.
8.2. The lawful effects of termination
8.2.1. If you wish to terminate the contract within the termination deadline, you must refund us the amount of money that should be normally paid for the services used until the date of termination. Similarly, we shall refund you money to the extent you have provided services to us beyond the services we have provided to you.
8.2.2. About the law regarding termination you can read more in the 45/2014. (II.26) Act, about contracts between the consumer and the enterprise; the law is available in an up-to-date form here.
9. Miscellaneous provisions9.1. Only our account holding customers are provided with technical assistance and only via e-mail, unless agreed differently.
9.2. User understands that Logidok uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service. The user must not modify, adapt or hack the Service, or modify another website so as to falsely imply that it is associated with the Service, Logidok, or any other Logidok service.
9.3. A User hereby agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Logidok.
9.4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Logidok customer, employee, member, or officer will result in immediate account termination.
9.5. You understand that the technical processing and transmission of the Service, including your Content, may be unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9.6. It is prohibited to send worms or viruses of destructive nature let them have any code. If the user has no account and the Content received by him/her exceeds 1000 pages/month or extensively exceeds the average volumes that Logidok within its own scope determines according to the volumes used by other Logidok users, Service Provider is entitled to suspend or slow down Content transmission until the throughput volume is acceptable.
9.7. You understand that your Content will be stored until the limit of your plan's retention policy is reached, or until your account is terminated or cancelled, at which point Logidok Technologies may delete your Content at its sole discretion.
9.8. Logidok does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) or that any errors in the Service will be corrected.
9.9. You expressly understand and agree that Logidok shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Logidok has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) the loss of Content; (vi) or any other matter relating to the Service.
9.10. In no event will the aggregate liability for any and all of Customer’s claims against Logidok and its contractors and licensors arising out of or related to the Service exceed the value paid for usage of the Service during the 12-month period prior to the date a claim is made.
9.11. Customer agrees that this General Terms and Conditions of the Service constitutes the entire agreement between you and Logidok and govern your use of the Service, overwriting any prior agreements between you and Logidok, including, but not limited to, any prior versions of the Terms of Service.
9.12. You understand that Logidok personnel will on occasion examine document images and other information to assess the quality of various phone cameras, to assess the quality of image enhancement processes, and for general quality control purposes and will examine recipient email address patterns and patterns in the contents of transmitted documents for the purpose of presenting ads to recipients and identifying additional sales opportunities for Logidok.
9.13. The Service Provider has the right to involve a third party in order to provide the service. However, Service Provider will be just as responsible for the third party’s actions as for their own.
9.14. If any part of this Agreement becomes null, void or unenforceable, this does not affect validity, legality and enforceability of the other parts.
9.15. Failure of Service Provider to exercise or enforce any right or provision of this Agreement, shall not operate as a waiver of such right or provision. Any kind of waiver of rights can only be accepted in writing. The fact that Service Provider fails to insist on a written term or condition, does not mean that such term or condition will not have to be exercised or enforced later.
9.16. The Service Provider and the Customer undertake to settle their disputes in a peaceful way. If such peaceful dispute settlement is unsuccessful, the case shall be submitted to the Courts of the 2nd and 3rd District of Budapest and/or The Courts of Székesfehérvár, by considering the rules of competency.
10. Our way of treating complaints10.1. The aim of the Service Provider is to meet all the needs and expectations of the Users/Consumers based on this Agreement. However, if User has any complaints about the contract or the fulfilment of the contract, it is possible to contact us at the above-mentioned e-mail or postal addresses.
10.2. The Service Provider will immediately investigate the complaint and find a remedy. If User does not agree with the decision, the Service Provider will promptly take a minute of the complaint and its adopted policy, of which one copy will be given to the Customer. If it is not possible to investigate the problem right away, another minute will be taken about the complaint itself, of which one copy will be given to the Customer as well.
10.3. Service Provider will answer all written complaints within 30 days. If the complaint is refused, explanation will be given. One copy of such reply shall be kept for 3 years and presented to any authorizing authorities in case requested.
12. Intellectual Property Rights, Proprietary Right to the Content
12.1. By entering any sites of www.logidok.com, you accept the conditions listed below, even if you are not a registered user or customer of the service.
12.2. The Content from the webpage is the intellectual property of Logidok Hungary Ltd.
12.3. Logidok Hungary Ltd reserves the right to copy or distribute the webpage in full or in parts by any method or technique. The content of the pages that belong to the website is protected by international and Hungarian laws regarding intellectual property.
12.4. Without a written consent, it is prohibited to process or sell the website content in full or in parts (regarding text, graphics, photo, audio or video, data structure, structure, procedure, program, etc.). Some parts – strictly for private use – may be saved to your hard disc or copied, but you have no right to further use or distribute them, store them in a database, make them downloadable or put them into commercial trade.
12.5. The pages of Logidok Hungary Kft. are completely under the protection of intellectual property rights; it is strictly prohibited to cut out any parts and broadcast the cut part(s) to the public.
12.6. The unauthorized use result criminal and civil prosecution. Logidok Hungary Kft can claim the discontinuance of the unlawful deed and demand compensation.
12.7. Logidok aims to provide up-to-date, reliable information, however, cannot be held liable for damages arising from the information.
12.8. Logidok Hungary Kft claims no intellectual rights regarding the materials available via the Service. Logidok does not filter the Content, however, both Logidok and its representative has the right (but not obliged) to refuse or remove any illegal Content.
13. Relevant law13.1. The Fundamental Law of Hungary
13.2. The Act of CXII. of 2011. on Informational Self-Determination and Freedom of Information ("Privacy Act").
13.3. The Act CVIII of of 2001. on Certain Aspects of Electronic Commerce and Information Society Services (Act on E-Commerce).
13.4. The Act C of 2003. C (Eht.) on Electronic Communications.
13.5. The Act CXIX of 1995. (Kknyt.) on the Use of Name and Address Information Serving the Purposes of Research and Direct Marketing.
13.6. The Act XLVIII. of 2008. (Reklámtv.) on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities.
13.7. The Act 45/2014 (II. 26.) on the Detailed Rules of Contracts between Consumer and Enterprise.
Budapest, 22 July, 2014