TABLE OF CONTENTS
3. Subscription and conclusion of the contract
4. Rights of use and subject matter of the contract
6. Warranty and liability
7. Duties of the User
8. Term and termination
1.2 By subscribing to the Invisible Touch App, the User agrees to the applicability of these GTU and a contract on use of the Invisible Touch App (hereinafter Contract) will be concluded between H-Vend Service Kft. and the User as defined in Clause 4.
1.3 Only Users who have attained the age of 18 shall be authorized to use the Invisible Touch App. This shall also apply to participation in the bonus programme.
2.1 H-Vend Service Kft. provides software for mobile terminal devices (in connection with these GTU referred to as the Invisible Touch App).
2.2 "Payment by means of the Invisible Touch App" means, in particular, buying products from a vending machine using a credit balance account (a so-called "digital wallet") as the means of payment, which has to be topped up by the User accordingly. Usually cash, a VISA or Mastercard credit card will be used as the means of payment for the "top-up transaction". However, H-Vend Service Kft. reserves the right to add other payment methods later on.
2.3 For digital payment instruments and for conclusion of contracts with the relevant Providers separate contracts shall be concluded between the User and the relevant payment service provider and/or Providers which regulate the legal relationship between the User and the payment service provider and/or Provider.
3. SUBSCRIPTION AND CONCLUSION OF THE CONTRACT
3.1 The prerequisites for using the Invisible Touch App as defined in Clause 4 shall be:
3.1.1 downloading and installing the Invisible Touch App on the mobile terminal device of the User, which possesses one of the following operating systems: Apple iOS Version 13 or higher or Android Version 8 of higher (technical state of the art: January 2021);
3.1.2 registration of the User with the Invisible Touch App as defined in Clause 3.3.
3.2 In this connection it is expressly pointed out that the technical minimum requirements for use of the Invisible Touch App may be subject to change in the future. In particular if certain equipment series or versions of operating systems are no longer supported by the manufacturer or if software adaptations made by the equipment manufacturers also lead to a change in the functions/features of the Invisible Touch App. In that case, however, Users will be notified of the necessity to make an update in due time.
3.3 Registration for the Invisible Touch App is done as follows:
3.3.1 setting up a user account by providing an email address and a password. In addition, the option to use login data of a third-party account, e.g. Apple, Google or Facebook, is provided. Additional information may be provided on a voluntary basis but may be required for participation in prize draws and/or the Bonus Programme of H-Vend Service Kft.;
3.3.2 consent of the User to the GTU, the most-recent version of which is available for inspection and download in the Invisible Touch App and on H-Vend Service Kft.'s website at www.hvend.hu both before and after conclusion of the Contract;
3.3.3 consent of the User to the data protection provisions of H-Vend Service Kft. (Data Protection Policy), the most-recent version of which is available for inspection and download in the Invisible Touch App and on H-Vend Service Kft.'s website both before and after conclusion of the Contract;
3.3.4 consent of the User that changes to the GTU and/or Data Protection Policy may be notified by email and that such changes apply to the User upon acceptance of the new GTU and/or Data Protection Policy.
3.4 H-Vend Service Kft. shall be entitled but not obliged to check User registrations and to reject the same for important reasons (e.g. in the case of obviously incorrect information provided by the User).
3.5 The relevant data shall be provided by the User completely and accurately. Subsequent changes to User details shall immediately be made by the Users themselves in their user account.
3.6 Users will be notified of successfully completed registration by confirmation sent to the email address most recently advised.
3.7 The Contract on use of the Invisible Touch App will be concluded in a legally effective manner between H-Vend Service Kft. and the User upon receipt of the confirmation referred to in Clause 3.6.
3.8 The user account is a personal account and may not be transferred to third parties.
3.9 User data will be processed and stored by H-Vend Service Kft. itself or a processor commissioned by H-Vend Service Kf. and will in no case be passed on to third parties. For more details please see the Data Protection Policy, which is available for download via H-Vend Service Kft.'s website.
4. RIGHTS OF USE AND SUBJECT MATTER OF THE CONTRACT
4.1 The Invisible Touch App will be available for use upon receipt of the email confirmation from H-Vend Service Kft. of successfully completed registration as defined in Clause 3.6.
4.2 Thereafter, Users will be able to
4.2.1 change their data in the relevant User profile of the Invisible Touch App;
4.2.2 make contactless and cashless payments at machines of H-Vend Service Kft. and its partners
4.2.3 add, delete, display and use payment methods in the Invisible Touch App (to the extent available);
4.2.4 be entitled to the discounts currently running on vending machines, which are only available for digital wallet payments via the Invisible Touch app
4.3 In specific cases H-Vend Service Kft. may "credit" additional credits (e.g. in the form of a "start credit balance"), but Users shall have no right to claim the same.
4.4 Users shall be granted a non-exclusive, non-transferable and non-sublicensable right to use the Invisible Touch App version applicable from time to time (i.e. including updates) in conformity with these GTU for their own, non-commercial and non-business purposes, which shall be limited to the term of this Contract.
4.5 Users shall not be entitled to change, copy, publish, reproduce the Invisible Touch App or to process or exploit it in any way whatsoever; otherwise H-Vend Service Kft. may assert claims, including but not limited to claims for damages or cease and desist claims.
4.6 Any use of the Invisible Touch App for purposes other than those stipulated in these GTU shall not be permitted. In the case of such unauthorized use or unauthorized use by third parties H-Vend Service Kft. shall be entitled to assert claims for damages and cease and desist claims.
4.7 Credit card top-up via the app is done through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, its licence number is H-EN-I-1064/2013.
Costs incurred in connection with the installation and use of the Invisible Touch App (e.g. costs for mobile data connections charged by the relevant network operator) shall be borne by the User.
6. WARRANTY AND LIABILITY
6.1 The statutory regulations for remedies under warranty shall apply.
6.2 H-Vend Service Kft. does not warrant that the Invisible Touch App can be used without disruptions, without errors or safely or that the Offers of the Providers shown in the Invisible Touch App and/or Bonus Programme are accurate and complete.
6.3 H-Vend Service Kft. assumes no liability for contents of links to external websites in the Invisible Touch App (such as, e.g., links to Provider websites). The relevant Providers are responsible and liable for the contents of external websites at all times.
6.4 H-Vend Service Kft. shall not be liable for the content of the relevant Offer published by the relevant Provider in the Invisible Touch App and shall not be obliged to check the same. The contract on an Offer shall exclusively be concluded between the Provider and the User; H-Vend Service Kft. shall be under no obligation in connection with the same.
6.5 H-Vend Service Kft. shall not be liable for any damage caused by improper or unauthorized use of the Invisible Touch App or other harmful conduct by the User or third parties.
6.6 H-Vend Service Kft. shall not be liable for temporary failure of the Invisible Touch App due to technical faults, maintenance work or other reasons (in particular due to force majeure) or if functions/features of the Invisible Touch App are temporarily compromised.
6.7 Unless this violates mandatory law and unless regulated otherwise in these GTU, H-Vend Service Kft. shall only be liable for damage caused by H-Vend Service Kft. by gross negligence or willful intent. However, this limitation of liability shall not apply to compensation for personal injuries.
7. DUTIES OF THE USER
7.1 The User undertakes in particular:
7.1.1 to use the Invisible Touch App lawfully and in conformity with the Contract in compliance with the GTU;
7.1.2 to protect their login data for the Invisible Touch App from unauthorized use by third parties and to keep their password secret;
7.1.3 to update their contact details in the Invisible Touch App settings immediately in the case of changes.
8. TERM AND TERMINATION
8.1 The Contract shall commence upon completion of the registration process as defined in Clause 3 and shall be concluded for an indefinite period of time.
8.2 The User and H-Vend Service Kft. may terminate the Contract by notice at any time. Notice of termination may be given by letter or email to the (email) address most recently advised to the other party. Termination shall become legally effective upon receipt by the other party. In the case of termination of the contract any credit that may be available in the credit balance account will be refunded to a bank account of the User. The prerequisite for such a refund is that the form made available by H-Vend Service Kft. has been completed and signed and returned to H-Vend Service Kft. including a copy of a valid photo ID.
8.3 The User may delete the Invisible Touch App at any time. However, deletion of the Invisible Touch App will not lead to termination of the Contract and, thus, in particular neither to a refund of the credit balance, if any. Rather, the credit balance will remain in the relevant user account for the time being.
8.4 If a user account the credit balance account of which has no credit balance is not used for more than 36 months, H-Vend Service Kft. expressly reserves the right to deactivate the user account concerned (including the related credit balance account having no credit balance) after timely notice. In this connection "use" of a user account means, in particular, use of the functions/features made available in the Invisible Touch App.
9.1 The language of the Contract shall be English.
9.2 All statements may be made with legal effect by letter or email to firstname.lastname@example.org, unless a different form is mandatorily prescribed by law or the GTU provide otherwise. No oral side agreements exist. The requirement of written form shall also apply to modifications or amendments, abolishments or a waiver of compliance with this Clause 9.2.
9.3 Hungarian law shall apply exclusively and the rules of conflict of laws of private International Law, Rome I Regulation, etc.) and the UN Convention on Contracts for the International Sale of Goods (UN Sales Law or UN CISG) shall be excluded.
9.4 Unless provided otherwise by mandatory law (e.g. provided that no mandatory consumer venue applies), the court having subject-matter jurisdiction over the Central District Court of Pest shall have jurisdiction over all legal disputes.
9.5 If any provision is or becomes ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of all other provisions shall not be affected. In the case of such an ineffectiveness, invalidity or unenforceability the relevant provision shall be deemed replaced by a provision that comes as close as possible to the business result and is not ineffective, invalid or unenforceable. The same shall apply in the case of gaps.