Terms and Conditions
These General Terms and Conditions (hereinafter: “GTC”) regulate the use of the services offered by ExperiRace Zártkörűen Működő Részvénytársaság (hereinafter: “ExperiRace” or “Service Provider”) (seat: 109. Szentjakab park, Mogyoród, 2146, Hungary; company registry number registered by Company Registry Court of the Budapest Environs Regional Court: 13-10-042511; VAT No.: 32359121-2-13; bank account number: 11600006-00000001-98272630;) on www.experirace.com (hereinafter: ”Website”), and the use of services offered on other pages, applications and interfaces belonging to ExperiRace (hereinafter: ”Services” or ”Service”).
Information of the hosting service provider of ExperiRace:
name: Google Cloud EMEA Limited;
seat: Velasco, Clanwilliam Place, Dublin 2, Ireland;
1. PROVISION AND USE OF SERVICES
1.1 The services provided by ExperiRace include the following: the provision of live broadcasts of sports competitions and events (hereinafter: ”Sports Events”), the production of general competition summaries with audio and visual material (video recordings) and the production of personal video recordings focusing on specific competitors (hereinafter ”Services”). ExperiRace provides the Services as digital content accessible on the internet to its customers (hereinafter: ”Customer”; hereinafter Customer and ExperiRace jointly: ”Parties”).
1.3 The Customer and the third parties aged by him in connection with the Service are obliged to use the Services in accordance with this GTC and the legal regulation. The Customer is obliged to comply with the legal regulation in the course of his proceedings, in particular not to damage the good reputation of ExperiRace and to act in good faith. The Customer is responsible for the conduct of persons acting on behalf of the Customer or tagged by the Customer while using the Service.
1.4 This GTC may be amended unilaterally by ExperiRace at any time. In the event of substantial changes to the GTC, ExperiRace publishes a short notice on the Website 15 (fifteen) days before its effective day. Any further use of the Service by the Customer constitutes acceptance of the change.
1.5 ExperiRace reserves the right to modify, suspend or terminate any content element of the Service, to change their appearance, content, operation, and to add other content at any time without prior notice.
1.6 The agreement for the use of the Service (hereinafter: ”Agreement”) is concluded between the Parties electronically through the Website in Hungarian or in English language. The Agreement does not qualify as a written contract, is not recorded by ExperiRace, and does not refer to a code of conduct.
2. CONCLUSION OF THE AGREEMENT
2.1 Purchase without registration
2.1.1 The Customer may purchase the Service on the Website without registration by providing the following data: name, invoicing address, e-mail address.
2.1.2 Once the data has been recorded, it is mandatory to provide a freely chosen password. Based on the data and after providing the password, a Customer account (hereinafter: ”Account”) is created, which the Customer is entitled to manage on the administration interface of the Website.
2.1.3 The Customer is responsible for keeping the password secret and is obliged to ensure that third parties cannot use the Service. The Customer is liable for such use.
2.1.4 The details of the Customer and the Services purchased are visible in the Account.
2.1.5 Links sent with the purchase of the Service belong to a specific Customer and email address only.
2.2 Conclusion of agreement
2.2.1 The Customer can access the purchase interface for the Services on the Website. The Customer can select the Service to be purchased, after entering his data, by indicating the time of the Sports Event. The Customer enters the payment interface by pressing the ”Payment” button. The price can be settled at the end of the purchase by credit card on the designated payment interface or by other indicated electronic means (e.g., PayPal, Goggle Pay, Apple Pay). After the payment of the price, the Customer receives a confirmation of the successful purchase to the provided e-mail address.
2.2.2 The Customer can check and rectify the data provided during the purchase process as follows: the login interface provides an automatic feedback to the Customer if the e-mail address or password entered is incorrect. The system provides an automatic feedback to the Customer on the data series necessary for the purchase but not filled in. If the Customer wishes to return to a page during the purchase, he can return to the previous page by pressing the ”Return” button.
2.2.3 ExperiRace shall immediately confirm the receipt of the order to the Customer by electronic means. If this confirmation is not received by the Customer within a reasonable period of time, depending on the nature of the Service, but no later than 1 (one) hour after the order has been dispatched, the Customer shall be released from the validity of offer or contractual obligation.
2.2.4 ExperiRace shall confirm the conclusion of the Agreement by e-mail to the Customer. The confirmation shall also include a statement by the Customer as a consumer (if deemed to be so by law) that ExperiRace has commenced performance with the prior consent of the Customer for digital content provided on a nonphysical medium, and at the same time as this consent, the Customer declared acknowledgment that after the commencement of performance, the Customer will lose the right of cancellation and termination according to Section 20 of Government Decree 45/2014. (II.26.)
2.2.5 The Service is considered to be completed in case of the digital content or any solution - necessary to access or download it - has been delivered to the Customer or to a physical or virtual device chosen by the Customer for this purpose (to the email address provided by the Customer).
2.2.6 If the Customer purchases the Service before the official commencement date of the Sports Event, the Service is available to the Customer within 24 (twenty-four) hours of the official end of the Sports Event. If the Service is purchased after the official commencement date of the Sports Event, the Service shall become available to the Customer within 24 (twenty-four) hours of payment of the price.
2.2.7 The content of the Service may be accessed and commented on either publicly by any person accepting this GTC or only by the Customer and the natural persons designated by the Customer (see 3.1.3.).
2.2.8 The Customer is not entitled to transfer or grant access to the Services, either in whole or in part, directly or indirectly, free of charge or for consideration, unless the Service package purchased by the Customer specifically allows it.
2.2.9 In all cases, the Customer is responsible for the proper use of the Services and compliance with this GTC, including specifically the conduct of persons tagged or invited by the Customer.
2.2.10 The Customer can terminate his Account at any time by using the ”Cancellation of Account” option. In the event of suspicion of abuse in the use of an Account, the Account may be terminated, access to certain Services and content may be restricted or terminated by ExperiRace without notice. ExperiRace is not liable in any way in such cases. The liability of the Customer for violations committed in connection with the use of the Service continues after termination of his registration.
2.2.11 In the event of a dispute between two or more Customers as to the identity of the Account holder, ExperiRace, to the best of its knowledge, attempts to resolve the issue arising and decide on the dispute. If this fails, the Customer has the right to appeal to the conciliation board of the county (capital) chambers of commerce and industry or has the right to an effective judicial remedy.
2.3 Technical specifications
2.3.1 The Service is produced in MP4 format and can be played in the latest versions of Chrome and Safari on both computers and phones. ExperiRace does not transfer the Service on a physical medium, but provides access to the Service to the Customer by sending an Internet link. To ensure the quality of the Service, ExperiRace specifically recommends a broadband Internet connection.
2.4 Responsibility for information
2.4.1 By providing his own data, the Customer undertakes that the data, information, photos and video recordings provided or stored by the Customer in the Account do not violate the rights or legitimate interests of ExperiRace or any third party. The Customer assumes full responsibility for the accuracy of the data and acknowledges that ExperiRace provides the Service in the knowledge of this data. ExperiRace is not liable for any damage to the Customer resulting from the incorrect or incomplete supply of the data, or from the failure to notify any changes in the data provided immediately but no later than 8 (eight) days after the change in the data, and may claim compensation from the Customer for any damage resulting therefrom.
2.4.2 By setting up an Account, the Customer declares: (i) providing true, accurate, current and complete information about himself as filling in the forms related to the Service; (ii) immediately updating any changes to personal data, maintaining its accuracy, timeliness and completeness on an ongoing basis; (iii) providing a valid payment method for settling the price for the Services; and (iv) using only the Account he created to access the Services; (v) not giving access to third parties for the use of the Account; and (vi) not using the name of other persons for the purpose of impersonating another person and not using the name of another person in such a way as to call into question the credibility of the Account. Any loss resulting from the supply of incorrect data is borne by the Customer.
2.4.3 In the event that the Customer provides false, inaccurate, out-of-date or incomplete information about himself, or that ExperiRace has reasonable grounds to believe that the information provided is not true, inaccurate, out-of-date or incomplete, ExperiRace may suspend or deny the access of the Customer to the Account and deny any further use of the Services.
2.4.4 The Customer agrees that its activities made with the Services will be used by ExperiRace, in a manner that the Customer is not identifiable, in order to optimize the display and accessibility of the content of the Services, and to improve the Services.
3. PRICES AND PAYMENT
3.1 The price of the Service
3.1.1 The price of the selected Service is paid by the Customer by means of a credit card transaction or other electronic means indicated on the Website (e.g. PayPal, Google Pay, Apple Pay). The payment of the price is made by the Customer, after providing the data requested on the Website, by means of a credit card transaction or other electronic payment indicated on the Website, after which the Customer shall be entitled to use the Service. During the ordering process, the Customer has no payment obligations beyond the payment of the price.
3.1.2 After the Service price has been credited to the bank account of ExperiRace, ExperiRace shall issue and send an electronic invoice to the Customer. Payment is considered to have been completed as the price of the Service is credited to the account of ExperiRace with its payment service provider.
3.1.3 ExperiRace provides the following range of Services:
a) live broadcasting during the official duration of the Sports Event: this Service can only be ordered in advance. The Customer is provided with a link to the publicly accessible subpage of the Website, which he is entitled to share with any third party. The Customer is entitled to specify on the linked subpage if any third party or only persons invited by the Customer are entitled to comment on the subpage.
b) a personalised competition summary video of the Sports Event based on bib number: the Customer receives a link to the publicly accessible subpage of the Website, which he is entitled to share with any third party. Only those persons with whom the Customer shares the link are entitled to access the competition summary video and no other third parties have access to it. The Customer is entitled to play and download the video recording at the link provided to him, for his own personal use only.
The range of Services currently available and their prices can be found here: https://experirace.com/collections/frontpage.
3.1.4 ExperiRace has the right to change the pricing or to introduce new prices at any time on the basis of prior notice (posted on the Website 15 days before the effective date of the amendment). The price for Services already paid is not affected by the amendment.
3.1.5 Prices are non-refundable, except in the case specified in this GTC or by mandatory statutory provision.
4. LIMITATION AND TERMINATION OF ACCESS TO THE SERVICE
4.1 ExperiRace is entitled to, at its sole discretion, restrict, suspend or terminate the Services and Accounts or deny access to the Services or take legal and technical action against the Customer if ExperiRace considers that the Customer is engaged in activities contrary to the GTC or the law.
4.2 ExperiRace can terminate access to the Service with immediate effect and for the future if: (a) the Customer is in serious breach of the provisions of this GTC; (b) the Customer is in breach of the provisions of this GTC that do not constitute a serious breach of agreement, and is not remedied within 3 (three) days of the notice of ExperciRace to do so; (c) the Customer is preventing or impairing the proper functioning of the ExperiRace software, in particular if there is an attack on or towards the assets of the Customer, and the Customer does not resolve this situation of violation within 3 (three) days of the notice of legal consequences; (d) the Customer inserts any infringing content into the ExperiRace software; (e) the Customer uses the Service in a manner or for purposes contrary to the law or engages in any unlawful conduct; (f) it is probable, on the basis of the data and information available to ExperiRace, that the Customer has misled ExperiRace about relevant circumstances, - in particular personal data - , in order to use the Service.
5 EXPIRATION AND TERMINATION OF THE AGREEMENT
5.1 The Agreement covers a selected Sports Event and a Service produced and commissioned on the basis of the video footage produced there. ExperiRace can provide the Service if all of the following conditions are met: if the Sports Event is held, the Customer participates in it and wears the bib number correctly, and the price of the Service has been paid.
5.2 ExperiRace guarantees the refund of the price of the Service ordered for the relevant Sports Event if the Sports Event is cancelled, the Customer does not appear at the Sports Event for any reason, or the quality of the Service is inadequate. The Customer has to notify ExperiRace of any quality objection through email. The Customer cannot abuse the quality claim, and ExperiRace shall not accept the Customer’s reference to blunders or clearly unfounded claims.
5.3 The Customer is entitled to terminate the Agreement with immediate effect (exceptional termination by the Customer) in the following cases: a) ExperiRace is more than 24 (twenty-four) hours late in providing, initiating the Service; b) ExperiRace commits a serious breach of agreement; c) bankruptcy or liquidation proceedings are initiated against ExperiRace by a court order.
5.4 ExperiRace is entitled to terminate the Agreement with immediate effect (immediate termination by ExperiRace) or to exclude the Customer from the use of the Services in the following cases: a) the Customer seriously violates the provisions of the Agreement; b) the Customer violates the provisions of the Agreement, which violation does not constitute a serious breach of agreement, and the breach of agreement is not remedied within 5 (five) days from the notice of ExperiRace; c) the Customer prevents or impaires the proper functioning of the software, the IT network of ExperiRace, in particular if it is an attack on the assets of the Customer or equipment, and this breach of agreement is not terminated within 3 (three) days of the notice of the consequences of the breach of agreement; (d) the Customer inserts any impairing content into the ExperiRace software; (e) the Customer uses the Service in a manner or for purposes that are contrary to the law, or engages in any unlawful conduct; (f) it is probable, on the basis of the data and information available to ExperiRace, that the Customer has misled ExperiRace about relevant circumstances, - in particular personal circumstances - , in order to conclude the Agreement or to use the Service.
5.5 The Parties notify one another of termination in writing by electronic means (including e-mail).
5.6 The notice of termination includes the reason for the termination (if applicable), the notice period and the date of expiry of the notice period.
5.7 ExperiRace is entitled to limit the scope and use of the Service instead of terminating the Agreement. If the Customer does not eliminate the reason for the restriction within 3 (three) days, the restriction does not prevent termination if the conditions for termination are otherwise met.
5.8 In the event of termination of the Agreement by ExperiRace, the Customer is not relieved of the obligation to settle any debts arising before and after the date of termination. Prices incurred until termination of the Agreement are borne by the Customer.
5.9 If the non-performance of the Agreement is due to circumstances beyond the control of ExperiRace that were not foreseeable at the time the Agreement was concluded (e.g., the interruption of a Sports Event) and it could not be expected that ExperiRace would avoid or remedy the circumstances (force majeure), ExperiRace shall not be liable for the non-performance of the Agreement and the Agreement shall be terminated. Force majeure cases in particular, but not exclusively, war, rebellion, riot, epidemic, terrorist act, strike, accident, fire, flood, severe power outage or other unforeseeable and unavoidable obstacle that is outside the scope of ExperiRace and that prevents the Service or any other obligation from being performed in accordance with the Agreement. In this case, ExperiRace is not obliged to refund the price.
5.10 If the Service is cancelled before the start of the Sports Event due to force majeure, the Agreement will be terminated due to the impossibility of performance. In the event of the Sports Event being cancelled in this way, ExperiRace shall refund the price paid by the Customer. ExperiRace shall make every reasonable effort to inform the Customer in case of any delay in the Sports Event. The price is reimbursed in full, and in addition to the price, ExperiRace is not obliged to reimburse any additional costs or damages.
5.11 In the event of termination of the Agreement, the Customer refrains from any use of the Service, the digital content and from making those available to third parties.
5.12 The Customer as a consumer, is also entitled to terminate the Agreement free of charge within 30 (thirty) days of receipt of the notice of modification of the Service (or of the modification of this GTC) if the performance of the Agreement under the modified conditions adversely affects access to or use of the digital content, unless the adverse effect of the modification is minor.
6 LACK OF CONFORMITY, WITHDRAWAL, GUARANTEE (EXCLUSIVELY IN THE CASE OF CUSTOMERS QUALIFIED AS CONSUMERS)
6.1 According to the Government Decree 373/2021. (VI. 30.), where the Agreement provides for a single act of Service, ExperiRace is liable for the lack of conformity that exists at the time of performance of the digital content service. If the Agreement provides for the continuous supply of digital content over a specified period of time, ExperiRace is liable for a lack of conformity in the digital content if the lack of conformity occurs or becomes apparent during the period specified in the Agreement.
6.2 If the Agreement provides for a single act of Service - with the exception set out in point 6.9 -, it shall be presumed, until proven otherwise, that the lack of conformity identified by the Customer within 1 (one) year from the date of performance already existed at the time of performance.
6.3 If the Agreement provides for the continuous supply of digital content over a specified period of time - with the exception set out in point 6.9 - ExperiRace has the burden of proving that the Service affected by a lack of conformity identified during the Agreement period was in conformity during the period of its performance under the Agreement.
6.4 The Customer is also entitled to demand proportionate reduction of the compensation or to terminate the Agreement, - in proportion to the severity of the breach -, if
a) the repair or replacement is impossible or would result in disproportionate additional costs for ExperiRace
b) ExperiRace failed to comply with its obligation under point 6.5
c) a lack of conformity occurred repeatedly, despite the attempts of ExperiRace to make the Service compliant with the Agreement
d) the lack of conformity is so serious as to justify immediate reduction of compensation or immediate termination of the Agreement; or
e) ExperiRace did not undertake to make the Service conform to Agreement, or it is clear from the circumstances that it shall not bring the Service into conformity within a reasonable period of time or without significant violation of the interest of the Customer.
6.5 In the event of exercising the warranty rights regarding repair or replacement, ExperiRace shall - without significant inconvenience to the Customer, and taking into account the nature and purpose of the digital content - bring the performance of the Agreement into conformity, free of charge, within a reasonable period of time from the communication of the lack of conformity by the Customer. The Customer’s warranty right to terminate the Agreement may be exercised by a declaration of intent regarding termination adressed to ExperiRace.
6.6 If, despite the request of the Customer, ExperiRace fails to provide or deliver the digital content without delay or within a deadline agreed by the Parties, the Customer may terminate the Agreement.
6.7 The Customer may terminate the Agreement without noticing ExperiRace to perform if:
a) the supply of digital content has not been undertaken by ExperiRace, or it is clear from the circumstances that it will not supply the digital content; or
b) based on the agreement of the Parties or the circumstances of the conclusion of the agreement, it is clear that the performance is essential for the Customer at the specified time, and ExperiRace fails to do so.
6.8 In the event of termination of the Agreement, ExperiRace is obliged to refund the full amount of the price paid by the Customer as compensation. If the Customer is entitled to proportionate price reduction or to terminate the Agreement, ExperiRace is obliged to honour its obligation to reimburse without delay and at the latest within 14 (fourteen) days of becoming aware of the exercise of this right.
6.9 ExperiRace does not supply a lack of conformity, if it demonstrates that the digital environment of the Customer is not compatible with the technical requirements of the digital content, and has informed the Customer in a clear and comprehensible manner before the conclusion of the Agreement.
6.10 The Customer cooperates with ExperiRace to ensure that ExperiRace - using the means technically available and requiring the least amount of intervention for the Customer - is assured that the lack of conformity is caused by the digital environment of the Customer.
6.11 If the Customer fails to comply with his obligation to cooperate under point 6.10, after having been informed by ExperiRace of this obligation in a clear and comprehensible manner before the conclusion of the agreement, the Customer is responsible for proving that:
a) in the case of an agreement under point 6.2, a lack of conformity detected within 1 (one) year of performance already existed at the time of performance; or
b) in the case of an agreement under point 6.3, the service affected by the lack of conformity identified during the agreement period was not in conformity with the Agreement during the period of performance of the service under the agreement.
6.12 In the event of termination of the Agreement, ExperiRace may prevent the Customer from further using the digital content, in particular by making the digital content inaccessible to the Customer or by blocking the Account of the Customer. The blocking of the Account does not affect the right of the Customer under Article 15 subsection (3) of the General Data Protection Regulation to request a copy of his personal data from ExperiRace, who shall provide the Customer with the opportunity to do so within a reasonable period of time.
6.13 Based on Section 29 subsection (1) point l) of the Government Decree 45/2014. (II.26.) on detailed rules of agreements between consumer and business, the right of withdrawal and termination cannot be exercised if the service is supplied for a specific period of time (a given day, a deadline). In this regard, the right of withdrawal and termination that consumers would otherwise have under Section 20 of the referred Government Decree does not apply to the Service under this GTC if the Service relates to a specific time (Sports Event).
6.14 Based on Section 29 subsection (1) point m) of the Government Decree 45/2014. (II.26.) on detailed rules of agreements between consumer and business, the right of withdrawal or the right of termination is not exercised in respect of digital content supplied on an intangible medium if ExperiRace has started the performance with the explicit prior consent of the Customer as a consumer, and the Customer as a consumer has simultaneously declared with this consent acknowledgement that he shall lose the right under Section 20 after the commencement of the performance and if ExperiRace has sent a confirmation to the Customer as a consumer under Section 12 subsection (2) or Section 18. In this regard, the right of withdrawal and termination that consumers would otherwise have under Section 20 of the referred Government Decree does not apply to the Service supplied under this GTC.
6.15 According to Government Decree 151/2003. (IX. 22.) and its annex, no warranty obligation applies to the Service sold by the Service Provider.
7 CUSTOMER CONTENT
7.1 The Customer accepts that the Services may display content supplied by others, that is not owned by ExperiRace. Such content is the sole responsibility of the person making it available. The Customer is responsible for the content recorded by or on behalf of him and shall obtain the appropriate permissions and consents necessary for the lawful use of the content. ExperiRace does not accept any liability in relation to content recorded and used by or on behalf of the Customer, including the public sharing of the content. ExperiRace does not accept any liability for links to third party websites or platforms or their content.
7.2 The Customer acknowledges that, following a report of illegal content or an official or court order, ExperiRace is obliged to review the Customer-content, prevent access, erase the content or refuse to display it. The Customer acknowledges that ExperiRace has no obligation to monitor or control the Customer-content.
9 INTELLECTUAL PROPERTY
9.1 The Customer does not use the software, know-how and other intellectual property supplied by ExperiRace necessary for the operation of the Service for any purpose other than the use of the Service in accordance with this GTC. The Customer shall compensate ExperiRace for all damages, costs and claims arising from any breach of this provision.
9.2 The Service and the content available on the Website are protected by copyright. All copyrights, including the rights to protect the creator of the database, belong to ExperiRace.
9.3 All software, software solutions, technology, technical information, inventions, ideas, theories, developments, designs, original works, processes, algorithms, inventions, know-how, patents, procedures and other information developed or used by ExperiRace, their modifications and improvements, all documentation, deployment methodology, - timetables, record, process diagrams, marketing material, notes, sketches and other information, as well as trade secrets of ExperiRace, the Website and all other confidential and secret information of any value are exclusively owned by ExperiRace.
9.4 The Customer does not acquire any right or title other than the right to use the intellectual property of ExperiRace and the Service. The Customer does not use the Service exclusively, free of time and space restrictions, after payment of the price. The Customer does not disclose the Service - for profit or free of charge - in any form whatsoever, does not dispose of it, does not transfer the right to use or exploit it to a third party, except in cases specified in the Service package.
9.5 The Customer does not: (a) lease or lend, mortgage, pledge or distribute the intellectual property of ExperiRace; (b) transfer it to any third party or provide access to it to any third party; (c) alter it or contribute to its alteration; (d) make a copy of it or contribute to the making of a copy of it or to its distribution; (e) engage in any conduct that impairs the ownership rights in the intellectual property of ExperiRace.; (f) convert or reverse engineer, disassemble, or otherwise attempt to obtain the source code of the intellectual property of ExperiRace; and (g) remove, modify, or overwrite any copyright, trademark, or other indication of intellectual property that appears on or in connection with the use of the intellectual property of ExperiRace.
10 EXCLUSION OF LIABILITY (DISCLAIMER)
10.1 As ExperiRace provides the Service ”as is”, ExperiRace accepts no liability for the accuracy, reliability, fault-free operation, completeness, availability, suitability for the purpose, suitability for the needs of the Service of the Customer - including the software used in the operation of the Service, or any content made available through the Service -, and to the extent permitted by law, ExperiRace excludes all further warranties and liability, including liability for payment in excess of the price paid and liability for compensation for indirect damages.
10.2 ExperiRace is not responsible for the ability of the Services to meet any special needs. The Customer is solely responsible for the risks arising from the use of the Services and for the use and application thereof.
10.3 ExperiRace is not liable, inter alia, for any failure of the Service due to: (a) malfunction or inadequacy of the equipment used by the Customer to access the Service; (b) improper, unprofessional or unintended use of the Service; (c) breach by the Customer of obligations under the GTC or of legal requirements; (d) force majeure events; (e) interruption or failure of the Service due to interruption of local access or connection provided by another service provider.
10.4 The Customer is obliged to wear the bib number provided by the Customer throughout the duration of the Sports Event in a clearly visible manner and location in order to enable ExperiRace to provide a proper Service. If the Customer fails to comply with this obligation, he bears all the consequences of his conduct and ExperiRace does not bear any resulting liability.
11 NOTIFICATION OF COMPLAINTS
11.1 ExperiRace can be contacted for Service-related error reports and other complaints through:
via email: firstname.lastname@example.org;
via post: ExperiRace Zrt. 109. Szentjakab park, Mogyoród, 2146, Hungary;
via phone: +36-70-592-4792.
11.2 Liability for damages arising from delayed or inadequate report, or lack of conformity thereof is borne by the Customer.
11.3 The Service Provider immediately investigates an oral complaint by a Customer as a consumer and, if necessary, remedy the complaint. If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, ExperiRace immediately makes a record of the complaint and its viewpoint on it and, in the case of a personally communicated oral complaint, provide a copy of it to the Customer on site. In the case of an oral complaint communicated by telephone or other means of electronic communication, it is sent to the Customer at the same time as the substantive reply at the latest. ExperiRace shall assign a unique identification number to an oral complaint made by telephone or using an electronic communications service.
11.4 ExperiRace is obliged to answer the written complaint in effect within 30 (thirty) days after its arrival and take measures in order to communicate this, in particular by sending it to the e-mail address provided by the Customer. ExperiRace must state the reasons for its viewpoint rejecting the complaint.
11.5 In case of rejection of the complaint, the Customer has the right to appeal to the Governmental Office with jurisdiction over the Consumer Protection Authority according to Government Decree 387/2016. (XII. 2.) on the designation of a consumer protection authority. The government office where the Customer or ExperiRace’s seat is located is responsible for judging the given case. The application can be submitted to any competent government office. Competent governmental office by location of ExperiRace:
Pest County Government Office – Department of Consumer Protection
Address: 6. József krt., Budapest, 1088, Hungary
Phone: +36-1 459 4843
- In the event of rejection of the complaint, the Customer has the right to apply to a conciliation body. The conciliation body has the power to settle consumer disputes out of court. The conciliation body has the task of attempting to reach an agreement between the parties for the purpose of settling a consumer dispute and, in the event of failure to do so, decides the case in order to ensure the simple, rapid, efficient and cost-effective enforcement of consumer rights. The conciliation body responsible for the proceedings is the conciliation body of the place of permanent or temporary residence of the customer as a consumer, or the conciliation body indicated in the request. The website of the conciliation bodies organised at county level (seat, telephone, internet address and mailing address) is available at the following address: https://mkik.hu/en
- Conciliation body competent at the seat of the Service Provider:
Pest County Conciliation Board
Address: 25. IV/2., Balassi Bálint Street, Budapest, 1055, Hungary
Phone: (+36-1) 792-7881
11.8 If the complaint is rejected, ExperiRace shall inform the Customer individually whether to use the conciliation body procedure to settle the consumer dispute.
12 MISCELLANEOUS PROVISIONS
12.1 The Parties acknowledge and agree to be bound by the confidentiality of data, facts or any other information which they have learned, acquired or otherwise come into possession of in connection with the activities of each other, in particular data, facts or any other information relating to their activities, economic, legal and financial situation, which has not yet been made public, as a trade secret, and shall not be disclosed to, or made available to any third party. It does not constitute a violation of this provision if a Party has fulfilled its obligation to provide data as required by law, or if the data owner has given prior written consent to the disclosure of the information.
12.2 In the case of notification by electronic means (e-mail), the notification is considered to have been served on the workday following the day on which it was sent.
12.3 For the purposes of this GTC, and for matters not regulated therein, the law of Hungary shall apply.
12.4 ExperiRace is entitled to provide the Service in a manner different from this GTC under other terms and conditions posted on the Website or as agreed with the Customer or in an individual agreement.
12.5 The courts of Hungary have jurisdiction to settle disputes between ExperiRace and the Customer.
12.6 This GTC was drawn up in Hungarian and English languages, and in the event of deviation, the Hungarian language version shall prevail.
Effective: from 01.11.2023