The purpose of these General Contractual Terms and Conditions (hereinafter referred to as GTCs) is to specify a unified system of the terms and conditions of the VEMOCO Service and the use thereof, as well as to regulate the legal relationship between the Service Provider and the User using such Service.
I. SUBJECT MATTER OF THE CONTRACT
- The subject matter of the Contract is the storage and process of data forwarded to the Service Provider by the VEMOCO module (hereinafter referred to as the Device) purchased by the User. The Service Provider shall store and process the data sent by the Device and make them available on-line (web portal and mobile application) as well as provide related additional services (hereinafter referred to as Services) for the User.
- The Equipment that has been purchased by the User from the Service Provider and fitted into the vehicle shall provide a link between the vehicle and the Service Provider's IT system, which jointly shall make it possible for the User to access the following functions:
- Access to alarm functions (vehicle protection alarm, non-conformity driving data, emergency alarms),
- Monitoring driver's behaviour,
- Remote vehicle diagnostics,
- Approximate calculation of fuel consumption data,
- Emergency rescue in the event of an accident, in case of a higher level service package
II. TERMS AND CONDITIONS OF USING THE SERVICE
- The VEMOCO module is an OBD-II device, which is compatible with the following vehicles:
- Cars and trucks, at a total weight of below 2.5 tonnes, which are petrol-driven and manufactured after 1st January 2000, and those which are diesel-driven and manufactured after 1st January 2003;
- Cars and trucks, at a total weight of 2.5 tonnes, which are petrol-driven and manufactured after 1st January 2002, and those which are diesel-driven and manufactured after 1st January 2007.
- No special technical knowledge is required for the installation of the Device into the vehicle, therefore the User can install it himself. The User can also have the Device installed by one of the specialist servicing companies listed on the Service Provider's homepage. If the User wishes to appoint a specialist servicing company to install the Device, he must bear all the costs thereof.
- The User understands that the Service is only operational if the Device that provides data transmission as well as the data transmission routes are operational. The Service Provider shall not accept liability for any breakdown in the provision of the Service that is due to the fault of telecommunications or GPS systems or the absence of a network coverage, or for any damages that are caused by the breakdown of mobile devices used by the User.
- The Service Provider shall make the data, which is forwarded within the scope of the Service, available to the User via the following platforms:
- Service Provider's web portal app.vemoco.com
Browsers supported to access the web portal are: Internet Explorer 7.0 or more recent versions, Firefox 9.0 or more recent versions, Opera 12.1 or more recent versions, Chrome 10.0 or more recent versions, Safari 5.1 or more recent versions.
- Mobile applications: In order to use the mobile application, you must have a mobile telephone that has an operating system of at least Android 4.3, iPhone iOS 4.3 or a more recent version. The mobile application can be downloaded free from AppStore or Google Play. The Service Provider's web portal can be accessed via the mobile telephone browser as well.
- Service Provider's web portal app.vemoco.com
III. SIGNING OF THE CONTRACT AND THE TERM THEREOF
- The Contract shall be entered into upon the acceptance of these GTCs when the Device and the Service are ordered via the website, www.vemoco.com. Only the owner or the operator of the vehicle that is party to the Service has the right to enter into the Contract.
- The Service may be ordered by completing the form available on the website, www.vemoco.com. The Service Provider maintains its right to verify the validity of the details provided. The Service Provider shall not accept any liability for damages or faults that can be linked to details which have been provided incorrectly and/or falsely. The User must notify the Service Provider immediately of any changes to his details. The details can be amended by logging on to the customer web portal. The User shall be liable for all damages arising from the failure to report the changes in the details.
- At the time the order is placed, the Service Provider shall distinguish between private (natural person) and corporate users. At the time the order is placed, the User must state whether he wishes to use the Service as a private or corporate user, and, furthermore, whether he is the owner or the operator of the vehicle.
- At the time the Client places the order on the website, he makes an irrevocable statement that he has read and accepted the terms and conditions of these GTCs, and that he has given his consent for the Service Provider to handle the details in accordance with Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter referred to as the Information Act).
- The Parties shall sign the Contract for an unspecified term.
IV. SUBSCRIPTION FEE
- The User must pay a fee for the Service. The Service Provider shall publish the actual fees on its website, www.vemoco.com. The Service Provider shall send an electronic invoice to the User regarding the Subscription Fees to the e-mail address provided by the User, and shall make it accessible on the customer portal for a period backdated to 12 months. Upon the acceptance of these GTCs, the User gives his consent for the use of the electronic invoices.
- Concurrently by stating the EU Tax Reference Number, the User confirms that he shall use the Service, which is the subject matter of this Contract, as a tax payer and for his business activities. In this case the User must disclose this Identification Number to the Service Provider (Articles 17-18 and Article 55 of Council Implementing Regulation EU 282/2011).
The Service Provider shall regard the EU Tax Reference Number provided by the User as the confirmation of his User’s tax status, i.e. in respect of this Service it shall regard the country, which issued the EU Tax Reference Number provided by the User to be the place of establishment of his business activity (Articles 20 – 24 of Council Implementing Regulation EU 282/2011).
In the absence of an EU Tax Reference Number, of if the User does not disclose such to the Service Provider, and, furthermore, if the Service Provider is not able to verify any other registration data (Tax Reference Number of a third country), the Service Provider shall regard the User as if he were not acting as a tax payer during the utilisation of the Service.
Within 5 days thereof the User must inform the Service Provider if his EU Tax Reference Number is revoked or suspended, or if he is using an EU Tax Reference Number other than the one he had provided previously.
During the application of this provision, the Identification Number specified in Article 214 of Directive 2006/112 EC shall be regarded as the EU Tax Reference Number.
- The Subscription Fee can be paid by a bank card via the www.vemoco.com website. On the website, the User can authorise the Service Provider to deduct the Subscription Fee every month automatically by using the bank card details provided. In such a case, the User's bank card shall be debited by the monthly Subscription Fee payable on the day of the month when the Subscription Fee is payable. If, at the time the order was placed, the User did not authorise the Service Provider to collect the Subscription Fee, he can also do so at a later stage via www.vemoco.com/selfcare. The Parties state that, at the time the Service is ordered, the Subscription Fee for the first 90 (ninety) days shall be payable in advance and in full even if the User has decided on a continuous, monthly payment period.
- The Service Provider maintains its right to amend the Subscription Fees, providing that it has informed the User thereof in advance in accordance with Section VI Paragraph 2. Any amendment to the Subscription Fee shall not affect the Subscription Fees that have already been paid by the User in advance.
- The Subscription Fee relates to the utilisation of the Service for a period of one month, within the borders of the European Union and within the provided telecommunication service providers' networks. There is no roaming charges.
V. OBLIGATIONS OF THE USER
- During the entire term of the Contract, the User must pay the monthly Subscription Fee as per Section IV, as well as use the Service in the correct legal manner and in accordance with its intended purpose.
- Pursuant to the above Section V Paragraph 1, if the User does not wish to use the Service for his own purposes, the User must inform the tracked persons or the persons using the tracked equipment about the fact that tracking is in operation. The system may not be used without their consent. The Service Provider shall not accept any liability for claims arising in connection with the breach of this obligation.
- Without the Service Provider's prior written consent, the User may not assign or transfer the rights and obligations arising from this Contract to a third party.
- The User understands that if he has also subscribed to the life and asset protection alarms (higher level service) when the order was placed for the Service, he shall be obliged to do everything possible to notify the Service Provider's 24-hour Service Centre of any false alarms (telephone number +36-1-345-1763). If the alarm is false and the Subscriber does not push the "False alarm" button and receives a call from the Service Center than there is a charge of fine of 2 EUR/call to the Subscriber. If the Service Provider responding to the alarm is not able to reach the User within 3 minutes on the mobile telephone number provided for using the Service and thus the Service Provider alerts the Emergency Services, the User must bear all of the Service Provider's costs that arose due to alerting the Emergency Services in vain.
- The User understands that he may not open up the Device, he may not modify the components contained therein and he may not remove the SIM card placed therein.
- The User must inform the Service Provider without delay if the Device or the SIM card placed therein has been damaged by external forces, or if it is lost/stolen. The User shall be liable for the costs of replacing or blocking the SIM card. In respect of the period whilst the SIM card is being replaced, the User shall not be entitled to a refund of the Subscription Fee. Upon termination of the Contract, the User must return the SIM card placed in the Device to the Service Provider without delay.
VI. OBLIGATIONS OF THE SERVICE PROVIDER
- The Service Provider agrees to provide constant access to the platforms specified in Section II Paragraph 3 during the term of the Contract in order to ensure that the User is able to review the current data, as well as that of the past 3 months, for the vehicles monitored by the Device.
- In the case of a Service Contract signed for an unspecified term, the Service Provider must inform the User about any changes in the Subscription Fee 45 (forty five) days in advance by using the e-mail address provided by the User.
- The Service Provider possesses the usage right of all the software it has provided and it undertakes a guarantee in respect thereof.
- The Service Provider guarantees that no damage will occur to the User's vehicle providing that the Device has been installed in full compliance with the installation instructions. If the Device causes damage to the User's vehicle, the User must inform the Service Provider without delay by e-mail to email@example.com prior to repairing the vehicle or having it repaired. In the case of such notifications, the Service Provider maintains its right to have the vehicle assessed by its own experts. If a claim for damages is submitted, the User is obliged to provide the supporting evidence.
- In the case of faulty operation of the Service, the Service Provider is available to the User at the e-mail address firstname.lastname@example.org, and shall respond to the question asked within 24 hours; the Service Provider can also be contacted by telephone (telephone number +36 30 350-1699) between 9 a.m. and 5 p.m. on working days.
- The Service Provider shall not accept liability for any indirect or direct damages (particularly but not exclusively: theft of the vehicle, highway accident, loss of business profit or any other financial loss) which is the result of the faulty operation of the Service. In such cases, the User shall only be entitled to a pro-rata refund of the Subscription Fee.
VII. WARRANTY, GUARANTEE
- Pursuant to the provisions of the Civil Code and Government Regulation 151/2003. (IX. 22.), the Service Provider has a compulsory warranty obligation for the period of 1 (one) year, on the basis of which, within the warranty period, the Service Provider shall only exempt from liability of a faulty completion if it can prove that the fault is due to the fact that the product was not used in accordance with its intended purpose.
The warranty term shall commence upon the actual completion, i.e. when the Device is handed over to the User. In order to enforce his warranty rights, the User must provide proof of purchase that is beyond any doubt.
- The warranty does not affect the User's guarantee rights specified in Sections 305-311/A of the Civil Code.
VIII. INSURANCE POLICY LINKED TO THE USE OF THE SERVICE
- It is possible to take out an insurance policy with the contracting partners of the Service Provider, where the use of the Service is one of the conditions. In such cases, the insurance terms and conditions are stated in the insurance policy that is signed between the User and the Insurance Company. In the case of insurance policies with the condition of using the Service, the Service Provider shall ensure the operation of the VEMOCO System and the hand-over of the necessary data to the Insurance Company, on the basis of which the User shall be entitled to make use of the benefits provided by the Insurance Company. The level of insurance benefits is determined by the Driver's Behaviour Index stated below.
The VEMOCO system shall record the following data about every vehicle:
Driving: at intervals of approximately 35 – 60 seconds;
Stationary: approximately every hour
- Information on the kilometres driven,
- Information on speed,
- Information on location co-ordinates,
- Information on acceleration,
- Information on braking,
- Information on the speed when turning,
- Correlation information on speed/gear settings,
- Information on engine rev count,
- Correlation information on driving time/rest time,
- Other details about the vehicle that the Device can obtain.
- By accepting these GTCs, the User shall give his consent to the Service Provider to disclose the serial number of the Device to the Insurance Company upon signing the Insurance Policy. The User accepts that during the term of the insurance policy, which must be signed in order to use the VEMOCO System, the Insurance Company can have continuous access to the data provided by the User's vehicle, and the Service Provider may provide data thereof to the Insurance Company.
IX. TERMINATION OF THE CONTRACT, WITHDRAWAL
- The Service Provider shall have the right to terminate this Contract at any time by normal termination by giving a 30-day termination period; this notification must be sent to the User by e-mail.
- The User shall only have the right to terminate the Contract by normal termination after 60 days following the placement of the order, by giving a 30-day termination period via the Service Provider's website www.vemoco.com. The termination period shall start on the day following submission of the termination to the website. In the case of a normal termination submitted by the User, the Service Provider shall have the right to retain the Subscription Fees paid in advance.
- If the User does not comply with its obligation to pay the fee on time, the Service Provider shall have the right to suspend the Service after the 8th day of payment delay. The User accepts that as soon as the payment delay reaches 15 days, the Service shall be suspended automatically. During the suspension of the Service, the Service Provider shall not manage the data and shall not provide information thereon at a later stage. If the Service is suspended, the Service may only be used again – within the same Contract – upon payment of the additional fee stated in the Service Price List valid at the time.
- Either Party shall have the right to terminate the Contract with immediate effect (extraordinary termination) in case of a serious contractual breach committed by the other Party. In the case of a termination with immediate effect, a registered letter can be sent to the other Party to impose an obligation to provide justification, if the Party who had suffered the consequences of the contractual breach had sent a written notification to the other Party in which it has specified a deadline of a minimum of 3 days to remedy the contractual breach, and the Party that had committed the contractual breach has not complied with such notification within the deadline specified.
- It is classified as a serious contractual breach committed by the User particularly – but not exclusively – if he failed to meet his fee payment obligation despite the written notification, or if he has used the Device and platforms associated with the Service incorrectly or unlawfully.
- The User, who is classified as a consumer, may withdraw from the Contract within 8 working days without justification. Government Regulation 17/1999. (II.5.) on contracts concluded between distant parties provides guidance on the method thereof. The User may commence exercising his right to withdraw from the day on which he has collected the Device and the Service Provider has begun to provide the Service (when the username and passwords were sent). The User may submit his Statement of Withdrawal to the Service Provider by using the contact details specified in respect of the Service Provider.
If the Right to Withdraw is exercised, the User must arrange for the return of the Device at his own cost. In the case of a withdrawal, the Service Provider may demand compensation for damages due to the incorrect use of the Device.
In the case of the User's withdrawal, the Service Provider shall return the money paid in accordance with the specifications of the relevant legislations, in full and without delay or at the latest within 30 days following the withdrawal.
The provisions stated in this Section shall only apply to Users (consumers) who enter into a contract for non-commercial or professional activities.
X. DATA PROTECTION
- By accepting these GTCs, the User accepts and gives his consent to the Service Provider to check, manage and store the data provided and transferred during the signature to the Contract and generated during the provision of the Service, and make such available to a third party in a manner that is compliant with the data management purpose. According to Subsection (a) of Section 5(1) of the Information Act, the relevant party's voluntary consent shall form the legal basis for the data management. The User provides his consent for the actual data management upon ordering and using the Service.
- The Service Provider's data management registration number: NAIH-71020/2013.
- The User accepts that during the provision of the Service, the Service Provider may disclose the managed and stored data to the owner or the operator of the vehicle at the time.
- The purpose of data management is to ensure the provision of the Service. According to Section 4 of the Information Act, the Service Provider shall only manage and transfer the User’s data at the extent and time necessary for the provision of the Service. The User understands and specifically accepts that the Service Provider shall make the data available to a third party that assists in the provision of the Service and in additional services complimenting thereof (especially but not exclusively: insurance companies, technical emergency services, etc.). Upon the request of the User, the Service Provider shall provide information on those to whom such data had been transferred. The Service Provider shall not publish the User’s data, and – with the exception of those stated in these GTCs – shall not hand them over to a third party.
- The User shall give his specific consent to the Service Provider to use the data he has provided for marketing and market research purposes and to send promotional and other offers to the User.
Furthermore, the User gives his consent to share the data generated and forwarded during the provision of the Service on the Service Provider's Facebook page in respect of its games and other promotions organised. The data may be shared in a manner which allows or prevents identification, on the basis of the User's statement to that effect.
- In the event of termination of the Contract, the Service Provider must handle all data relating to the User and to the provision of the Service in accordance with the provisions of the relevant legislations, and delete them upon the User's written request. Pursuant to the Information Act and the Civil Code (Act V. of 2013), the User may enforce his right at a court and may also contact the Nemzeti Adatvédelmi és Információszabadság Hatóság (NAIH) (1125 Budapest, Szilágyi Erzsébet fasor 22/C) [The National Data Protection Authority] with his complaint arising in connection with the data management practice of the data manager.
- The Service Provider undertakes the obligation to protect the safety of the data and it shall also take all the steps necessary to ensure the protection of the data stored and managed by the system, and it shall do everything possible to prevent their destruction, unlawful use and unlawful amendment. It shall also undertake the obligation to remind all third parties to whom it discloses or hands over the data about their obligation to comply in this respect.
XI. COMPLAINT HANDLING
- The User may submit his complaints in respect of the Service or the activities of the Service Provider at the following contact points:
Service Provider's headquarters: 9027 Győr, Budai utca 5/A, Hungary
- If a consumer legal dispute that exists between the Service Provider and the User is not settled by negotiations, the following legal routes are available to the User.
- In the case of a User who is classified as a consumer and a natural person:
- Complaint submitted to the consumer protection authorities: If the User detects any breach to his consumer rights, he has the right to contact the consumer protection authority relevant to his home address. Following a review of the complaint, the authority shall make a decision on conducting a consumer protection procedure.
- Reconciliation body: In order to achieve an amicable, out-of-court settlement of the consumer legal dispute in terms of the quality and the safety of products and services, the application of the rules on product liability, as well as the signing and completion of the contract, the User may initiate a procedure with the reconciliation body operating in conjunction with the professional chamber relevant to his place of residence.
- For all Users:
- Court procedure: The User has the right to enforce his claim arising from this Contract at court during a civil procedure pursuant to the relevant provisions of Act V of 2013 on the Civil Code and Act III of 1952 on the Civil Court Procedures. In case of a legal dispute, the Parties shall subject themselves to the jurisdiction and competence of the Buda Central District Court or to a court relevant to the actual value of the dispute.
- In the case of a User who is classified as a consumer and a natural person:
XII. DETAILS OF THE SERVICE PROVIDERService Provider's company name: VEMOCO Telematics Ltd.
Service Provider's headquarters: 9027 Győr, Budai utca 5/A, Hungary
Service Provider's company registration no.: 01-09-187390
Service Provider's tax no.: 24881151-2-08
Main e-mail address: email@example.com
XIII. FINAL PROVISIONS
- During the completion of the Contract, the Parties shall treat all data, knowledge, technical solutions, ideas and information as confidential business information and without the consent of the other Party they shall not disclose them to a third party, except if this Contract authorises them to do so or a legislation or authority ruling orders them to do so.
- Neither contracting Party shall be liable for the completion of its contractual obligations if unavoidable obstacles arise that falls outside the Parties' scope of interest. The Parties agree that these shall include, in particular, faults in the hardware or software elements that fall within the scope of obligation of the Service Provider. The Service Provider shall not be responsible for costs arising from the utilisation of other services that are required to use the Service (for example: mobile networks), or for damages arising from the breakdown thereof.
- Without the prior consent of the User, the Service Provider shall be entitled to transfer its rights and obligations arising from this Service Contract to a third party. The User accepts that, in such a case, the Service Provider's rights and obligations shall be transferred, without any change, to such third party on the basis of the Service Contract.
- Hungarian law is applicable to these GTCs and to the legal relationship between the Parties. All issues not covered in these GTCs shall be governed by the relevant provisions of Act V of 2013 on the Civil Code and Act CXII of 2011 on Informational Self-Determination and Freedom of Information.
- The Service Provider shall have the right to amend the General Terms and Conditions unilaterally at any time. The Service Provider shall inform Users about the amendments, before the implementation thereof, by e-mail. By using the Service, Users expressly accept these amendments.
- The Service Provider shall make its updated GTCs publicly accessible on its website, http://vemoco.com/termsandconditions.