Terms of Use

Author: Kutya Portál szerző #1 | Published: 10/23/2013

The information is valid and effective from October 1, 2013 until withdrawal.

The above information about the operation and terms of use of the site is available for download and printing in pdf format or can be saved on a durable data carrier: Kutya Portál ÁSZF.
Previous archival information is available here, with the file name indicating the period of validity:
2013.10.01_kutya-portal_aszf

(A) General Terms of Use

For Visitors

Information about the operation and terms of use of the site

 1. The Operator

This website is operated by Webregator Korlátolt Felelősségű Társaság. Our company is registered in Hungary, 100% Hungarian owned, and operates according to the rules and regulations of Hungarian law.

Our current company data – which can be checked free of charge by anyone on www.e-cegjegyzek.hu and the validity of our tax number on www.nav.gov.hu – are as follows:

Company name Webregator Korlátolt Felelősségű Társaság
Short company name Webregator Kft.
Registered office 3530 Miskolc, Meggyesalja utca 7. 2nd floor, 3.
Tax number 23978926-1-05
Community tax number HU23978926
Registration authority Miskolc Tribunal Company Registry
Company registration number 05 09 024376
Account managing financial institution UniCredit Bank
Bank account number 10918001-00000111-19000007
Statistical code 23978926-6312-113-05
Main activity (TEÁOR 08) 6312’08 World Wide Web portal service
Representative István Kovács Managing Director
Phone 06 20 264 0574
Email info@kutya-portal.hu
Hosting provider Bluehost Inc.
Hosting provider data 560 Timpanogos Pkwy
Orem, UT 84097

US (toll-free): (888) 401-4678
International: +1 (801) 765-9400

2. Contact

Our customer service is available at any of our contact points to receive your opinions, comments, or potential complaints; however, for the fastest handling, we recommend using the direct message sending option. Our company’s detailed contact information and the message sending form can be accessed under the Contact menu item.

Please note that following your inquiry, our company in accordance with data protection regulations does not collect any database from user or visitor data. Personal data will not be stored or processed under any circumstances (except data required for the fulfillment of our services and only for this duration).

Therefore, please specify the reason for your inquiry and any relevant background when sending your comments.

Important warning! If anyone, claiming to represent our company, tries to obtain personal data from you as a visitor – especially bank account or bank card details – please report this to us so that we can take the necessary action with the appropriate authorities!

We inform you that we strive under all circumstances to provide a prompt, effective and direct solution to any complaints. Therefore, please contact our customer service at any of our contact points in such cases.

We further inform you that by visiting the website you consent to the use of cookies. You may at any time decide to reject cookies. For this, you need to change your browser settings or stop using the website. Please note that some functions are only available with the use of cookies; by rejecting them you will not be able to use these functions.

3. About our service for consumers, visitors

3.1. Our website operates as a free service for visitors, therefore we do not charge or enforce any fee from visitors.

Important warning! If anyone, claiming to represent our company, tries to request payment from you as a visitor for the use of the site, please report this to us so that we can take the necessary action with the appropriate authorities!

3.2. Our service is essentially an information collection for visitors. Accordingly, our site – according to its operational principle – may redirect to other websites, online shops ("source sites").

We only use the data found on the original owner, distributor, service provider’s source website on our own site to the extent necessary for identification.

3.3. From another perspective, our service is also beneficial for owners, distributors, and service providers. Because through our activity, we promote the source site using modern online marketing tools.

3.4. Our company currently does not engage in the sale of products manufactured or distributed by itself, the sale of services, or organizing the same (excluding, of course, online marketing activity), as this would be contrary to the purpose of Webregator, however, we consider compliance with and enforcement of data protection, consumer protection, e-commerce rules, and other legal regulations extremely important.

Therefore, we ask that in cases of online purchasing or ordering, you always seek and request detailed information from the product manufacturer, distributor, or service provider, the disclosure of which is in all cases a statutory obligation of the manufacturer, distributor, or service provider!

(Including, in particular but not limited to, information on the right of withdrawal applicable to distance contracts, warranty, guarantee, complaint enforcement; detailed information about the seller; detailed information about delivery conditions; detailed information about available payment methods.)

Furthermore, our company naturally also fundamentally distances itself from any criminal, unlawful acts, or other illegal conduct, or violations concerning the protection of copyright or personal rights.

However, our company neither has the capacity nor influence to control the source site operator in this regard to filter these out, therefore, we cannot take responsibility for the content of the source site or for its truthfulness. If you notice any potentially unlawful content or activity during online purchases on these sites, please kindly also send it to our company as informational feedback so that we can take the necessary measures ourselves.

Important warning! Please always look for the detailed descriptions of products and services, ordering and usage conditions, and information on the product or service order page, which you can access from our site.

3.5. We inform you that we may moderate comments arriving on the site if we become aware that they demonstrably violate laws or another person’s rights or legitimate interests.

Visitors to the site may explicitly subscribe on their own accord to the Dog Portal newsletter, thereby consenting to the Dog Portal sending them marketing content emails. This subscription can be terminated by the visitor at any time without limitation.

4. Applicable laws

All applicable European Union and Hungarian laws in force at all times

(B) General Terms of Use and Contractual Conditions

For Content Uploaders

CHAPTER I

General provisions

1) Purpose of the General Terms and Conditions

The purpose of these General Terms and Conditions (hereinafter: Contract) is to promote and introduce the Kennels, Dog-related services, and institutions of the Service Provider’s Content-uploading partners (hereinafter: Uploaders) to the visitors of the site through the continuously developed, user-friendly and easy to use internet site of the Service Provider and its related subpages (hereinafter collectively: the www.kutya-portal.hu website), thereby facilitating and enabling successful contacts.

For Uploaders, in addition to the general provisions applicable to Visitors, the provisions set forth in this chapter must also be applied.

2) Parties to the Contract

a) The Service Provider referred to in the previous point of the Contract is the exclusive copyright owner and operator of the www.kutya-portal.hu website and its technical background database – which is not public:

Company name Webregator Limited Liability Company
Abbreviated company name Webregator Ltd.
Headquarters 3530 Miskolc, Meggyesalja street 7. 2nd floor 3.
Tax number 23978926-1-05
Community tax number HU23978926
Registering authority Miskolc Court of Justice Company Registry
Company registration number 05 09 024376
Account managing financial institution UniCredit Bank
Bank account number 10918001-00000111-19000007
Statistical number 23978926-6312-113-05
Main activity (TEÁOR 08) 6312’08 World Wide Web portal service
Representative István Kovács managing director
Phone 06 20 264 0574

b) For the purposes of this Agreement, an Uploader shall be any (kennel, institution, service provider) participant legal entity, organization without legal personality, or private individual duly registered in the Service Provider’s system.

c) The website visitor – as an external third party – is not a party to this Agreement. This Agreement does not contain binding provisions for such persons, who are subject to usage terms related to the website regulated by a separate policy in harmony with this Agreement.

CHAPTER II

Conclusion of the Agreement

1) Registration

The legal relationship between the Parties is established by successful and proper registration on the website, and qualifies as an electronically concluded contract. From this date, the Parties are entitled to rights and obliged to duties arising from the Agreement.

Registration is considered proper and complete if

a) the Uploader has completely filled out the data regarding themselves, the item to be uploaded, and the chosen service type on the electronic data sheet forming part of the Service Agreement,

b) the Uploader has read, understood, and expressly accepted these General Terms and Conditions.

Registration is also regarded as proper if under these conditions the Uploader authorizes the Service Provider to edit and/or upload the data provided by the Uploader as an administrative partial act.

2) The administration interface

During the registration defined in the previous point, the Service Provider develops and provides to the Uploader a personalized, internal, web-based administration interface, part of the system, inaccessible to unauthorized third parties, intended for independent data maintenance by the Uploader. The Service Provider retains ownership rights over the administration interface.

CHAPTER III

Content of the Agreement, types of services

The Uploader, depending on their choice, is entitled to select from the basic (mandatory) and supplementary (optional) service types defined in this Chapter, appropriate to their needs – under the conditions set forth below – during registration or later by modifying the Agreement.

During the existence of the Agreement, the Uploader may unilaterally modify the chosen basic service selected at registration to another basic service type at any time via the administration interface. The Uploader may choose new supplementary services or terminate existing supplementary services (in case of fixed term, upon the expiry of the term) at any time.

The Service Provider may deviate from these provisions based on an individual agreement or by providing current discounts to the benefit of the Uploader. The Uploader will be informed of such deviation by indication in the system or electronically in writing.

A) Free registration (guaranteed basic service in the first year)

1) Content of the service

The Service Provider provides free registration and (basic) presence in the website and system for the Uploader with lawful content defined by the Uploader, and forwards messages received in the system to the Uploader. The guaranteed free service is established for a fixed term. The fixed term lasts one year, ending on the corresponding calendar day of the next calendar year counted from the date of registration.

2) Service fee

The Service Provider charges no fee to the Uploader for registration or inquiries received through the system.

B) Fee-based basic packages (available from the year following registration optional)

1) Content of the service

Before the expiration of the fixed, one-year period mentioned above, the Service Provider sends a written notification to the Uploader about the package offers available for the next period. The Service Provider designs its current package offers according to the current functions and development level of the system, and specifies their content in detail there.

2) Service fee

a) As consideration for the service, the Uploader pays the Service Provider a fee in the amount specified in the chosen package offer, depending on the category of the uploaded item, according to the Service Provider's current price list.

b) The service fee is due upon invoicing following the conclusion of the Contract and the selection of the service type.

c) In case of late payment, the Service Provider is entitled to charge default interest according to the Civil Code and will issue an invoice to the Uploader. The invoice – at the discretion of the Service Provider – may be consolidated with the invoices issued for other due service fees, with detailed line items.

C) Additional, supplementary services: banner, highlighted advertisement, newsletter, and other advertising services

1) Content of the service

a) As supplementary services – beyond the chosen basic service – the Service Provider provides the Uploader the opportunity for highlighted display in the system

– via banners or highlighted appearances placed on advertising spaces selected by the Uploader, located in areas specified in the Service Provider's current offer;

– and/or by sending newsletters under conditions specified in the Service Provider's current offer to registered Visitors receiving advertisements.

Where possible, the Service Provider also informs Visitors of the highlighted advertisement by other prominent means, including particularly additional information about the Uploader’s promotions.

2) Service fee

a) In return for the service, the Uploader pays the Service Provider a fixed or flat fee per period depending on the banner placement, the extent of the newsletter, and other characteristic parameters according to the Service Provider's current price list.

b) The service fee is payable in advance in one lump sum per period after choosing the service type, upon invoicing.

c) Unless otherwise specified, the service fee does not include the creation and provision of the banner, newsletter, or other advertising services.

d) In case of late payment, the Service Provider is entitled to charge default interest according to the Civil Code and will issue an invoice to the Uploader. The invoice – at the discretion of the Service Provider – may be consolidated with the invoices issued for other due service fees, with detailed line items.

e) The Service Provider is entitled to issue the invoice for due supplementary service fees combined with other due service fees on a single invoice – with detailed line items.

CHAPTER IV

Further rights and obligations of the Parties

1) Other rights and obligations of the Service Provider

a) The Service Provider is obliged to forward messages received through the system.

b) The Service Provider is entitled to display foreign language materials provided by the Uploader, and – for an additional fee – Hungarian language materials translated into the desired foreign language.

c) The Service Provider – complying with applicable consumer protection regulations – is entitled and obliged to inform Visitors about possible ways to enforce claims against the Uploader.

It is also entitled to publish the Visitor’s opinion – through the system’s objective rating system designed to assist evaluation – following the use or absence of the Uploader’s services.

d) The Service Provider is entitled to send promotional material about its services and offers in the form of newsletters to the email address provided by the Uploader.

e) The Service Provider is obliged to make the system available 99% annually to paying Uploaders and Visitors, and in addition it is entitled to temporarily suspend the display of a given Uploader’s page for technical maintenance reasons. Suspension of services as a sanction for any reason shall not count towards the availability rate.

f) The Service Provider is automatically entitled to suspend the display of the given Uploader as a sanction after an unsuccessful 30-day grace period following the due date in case of breach of the payment obligation, and may indicate this fact on the Uploader's page.

g) The Service Provider is entitled to immediately delete any unlawful or proven contract-violating content ("prohibited content") displayed on the site in any form after an unsuccessful reminder to the Uploader containing a grace period and justification – counting from the time of becoming aware of it – without compensation. In case of obviously serious unlawful content upload (especially if it constitutes a crime), the Service Provider is entitled to perform the deletion immediately upon detection with simultaneous notification to the Uploader.

The Service Provider is entitled to modify or edit the contents uploaded on behalf of and with the approval of the Uploader for the purpose of maintaining a uniform appearance or according to online marketing professional rules.

h) The Service Provider is obliged to ensure equal visibility for all Uploaders – excluding Uploaders with highlighted advertisements.

i) Based on the decision of the Service Provider – provided the technical conditions are met – it is entitled to issue electronic invoices.

2) Other rights and obligations of the Uploader

a) The Uploader is obliged to present the data on the provided administrative interface in a way that corresponds to reality, including updating the data.

Given that it is of paramount importance from a business policy perspective for both parties, the Uploader is especially obliged to accurately record the price displayed on the site and the data.

b) The Service Provider is not liable for technical difficulties arising within the Uploader's sphere of interest – especially for the permanent or temporary absence of an Internet connection – or other factors preventing proper use of the system. Any damages resulting therefrom shall be borne by the Uploader.

c) If the Uploader has its own website, the Uploader allows and enables the placement of a link and accompanying text edited by the Service Provider on it in order to comply with professional rules regarding referencing.

d) The Uploader is entitled to upload a maximum of 12 photos free of charge in total. In case of exceeding this limit, following notification – unless otherwise agreed – the Service Provider is automatically entitled to delete the unspecified additional photos.

3) Data and confidentiality protection 

a) The Parties treat as business secrets all facts, information, data, solutions arising from their activities which come to their knowledge in relation to this legal relationship and which are not considered to be data disclosed on the site or other public advertising or marketing purposes.

These provisions apply also to third parties who are employed, commissioned or otherwise engaged with the parties.

b) The Service Provider ensures with due diligence that unauthorized third parties cannot modify the contents of the public data uploaded by the Uploader.

c) The Uploader is obliged to respect personal rights during data uploading.

d) The Service Provider is entitled to process data provided by the Uploader and Visitor to the extent and manner specified in the applicable data protection laws.

CHAPTER V

Liability and warranty of the Parties

1) The Service Provider is not liable to the Uploader for results.

The Service Provider is not responsible for the appearance or non-appearance of the Uploader's subpage in the search engine if this is a consequence of incompletely filled data by the Uploader.

2) The Service Provider is not responsible for damages caused by the Uploader to the Visitor or other third parties.

3) The Service Provider is not responsible for claims asserted by the Visitor or other third parties against the Uploader, for the accuracy of data appearing on the Uploader's subpage, or for the truthfulness of the uploaded data. The Uploader bears sole responsibility for any changes or modifications that occur in the meantime but are not registered on the administrative interface regarding the data of the Uploader and its subpage.

4) The Service Provider informs the Uploader, that any complaints related to the current legal relationship can be communicated in person at the Service Provider's registered office specified in the Contract, or electronically at any of the provided contact points. The Service Provider also informs the Uploader that warranty claims in the event of defective performance can be exercised in accordance with the provisions contained in Sections 305-311/A of the Civil Code.

CHAPTER VI

Amendment and termination of the contract

1) The Contract may be amended in writing in electronic form (by email, or with proper confirmation and under the conditions defined in point III of the Contract via the administrative interface) upon the mutual consent of the Parties.

The Uploader is entitled and obliged to update any changes in their data through their own administrative interface.

2) The Service Provider informs the Uploader, that the General Terms and Conditions may be unilaterally amended if necessary in accordance with Section 205/A (1) of the Civil Code – complying with statutory provisions. If the Uploader wishes to deviate from the General Terms and Conditions, they are entitled to notify the Service Provider in writing as an offer to amend the contract.

3) The Contract is terminated

a) by mutual agreement of the Parties,

b) by ordinary termination,

c) by extraordinary termination,

d) and also – in cases and under conditions specified by the applicable laws – by withdrawal.

The termination or discontinuation of individual service types does not automatically result in the termination of the framework contract between the Parties; this only occurs in the manner and cases defined in this Chapter, through the permanent deletion of the registration.

4) The Parties are entitled at any time by mutual agreement to terminate the Contract – in writing. This agreement may regulate accounting matters.

5) The Parties may also terminate the contract unilaterally with an 8-day notice period by written declaration – also electronically.

6) A single breach of the obligations stipulated in the contract constitutes a serious breach of contract. This alone justifies the immediate termination of the contract by written notice (with reasons) addressed to the other Party (including electronic form).

The following shall especially constitute serious breach of contract by the Uploader:

– if in case of breach of payment obligations the Uploader does not settle their debt fully or partly after a 30-day grace period following the due date,

– and any further intentional bad faith conduct by the Uploader.

The following shall especially constitute serious breach of contract by the Service Provider:

– if the Service Provider, through fault attributable to them, fails to display the Uploader’s subpage legally or according to the contract – despite written notice with a grace period – or does so not under the agreed conditions,

– and in case of further intentional bad faith conduct by the Service Provider.

7) If the Uploader qualifies as a consumer under the applicable laws, the Service Provider, fulfilling its legal obligation, informs the Uploader that under Section 4 (1) of Government Decree 17/1999. (II.5.) on contracts concluded at a distance and other applicable electronic contract laws, they may withdraw from the contract without reason within eight working days, provided that during this period the Service Provider has not commenced performance with the Uploader's consent. The Uploader may exercise this right from the day the Framework Contract is concluded, without incurring additional costs related to the transaction.

The Service Provider also informs the Uploader that the Visitor – if the legal conditions are met – may have similar rights in their relationship.

8) Upon termination of the Contract, the Parties shall settle accounts with each other. The Service Provider simultaneously deletes the Uploader’s editorial interface (registration deletion) from its system and removes from the publicly accessible part of the system all data related to the Uploader exceeding the frames of free display, except for statistical data not suitable for individual identification.

CHAPTER VII

Miscellaneous and final provisions

1) The properly completed Contract takes effect immediately upon the electronic submission to the Service Provider with duly executed registration (Chapter II, point 1) – without separate confirmation or paper-based approval – based on which the Service Provider will commence its service activities without delay – or within 1 business day in case of impediment – by providing the individual administrative interface specified in point 2) of Chapter II of the Contract.

2) The Contract – unless otherwise agreed – is concluded for an indefinite period, with the Service Provider informing the Uploader that its minimum duration is 1 business day.

3) The Parties strive to resolve any potential legal disputes arising between them amicably through negotiations. In case of failure, they agree – depending on jurisdiction – on the exclusive competence of the Miskolc District Court or the Miskolc Tribunal.

4) Matters not regulated in this Contract shall be governed by the Civil Code and the Hungarian laws in force at the time of signing the Contract.

These general terms and conditions are valid and effective until revoked.

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