Valid from 23/04/2021
The present General Terms and Conditions for Partners ( in the following: "Partner GTC") contain the rights and obligations of the user (in the following: Partner) who uses the services provided by Foglaljorvost Online Kft. (in the following: Service Provider) on the website www.foglaljorvost.hu (in the following: Website) and has a legal relationship with the Service Provider under an Individual Service Contract (in the following: Contract).
The Partner GTC is considered general contractual terms and conditions pursuant to the provisions of Act V of 2013 on the Civil Code, 6:77-6:81. § and are mandatory in the legal relationship of the parties. The general terms and conditions shall become part of the contract, as the Service Provider has made it possible for the Partner to become acquainted with and accept their content prior to the conclusion of the contract.
The Partner GTC applies to the use of the Service Provider's service. The Partner acknowledges that by registering on www.foglaljorvost.hu and by using the Website, the Partner acknowledges that he/she is bound by the terms and conditions of the Partner GTC.
2.1. www.foglaljorvost.hu is operated by the Service Provider as an intermediary service provider, in accordance with the provisions of Act CVIII of 2001 - on Electronic Commerce and on Information Society (hereinafter: the "Act on Electronic Commerce Services"). The Service Provider undertakes to display the Partner's data in the Database with the content approved by the Partner and to forward to the Partners the date appointments received via the Website.
2.6. The Service Provider will use all reasonable endeavors to ensure continuity of service, but shall not be liable for any loss, loss of data, or damage of any kind caused by any failure or other inadequacy of the Website. The Partner acknowledges and agrees that the continuous operation of the Service may be interrupted despite the prior knowledge and intent of the Service Provider. Accordingly, the Service Provider does not warrant that the Service and/or the Website will be uninterrupted or error-free, or that access to the Services will be uninterrupted or error-free. The Service Provider will endeavor to ensure uninterrupted operation, but shall not be liable for any temporary malfunction of the reservation system in the event of an outage. In such cases, however, the Service Provider will take all reasonable steps to restore the service as soon as possible, 99.4%, the level of inherent operational activity required by the application.
2.11. The service provided by the Service Provider is not exclusively directed to the territory of Hungary.
2.13. The Service Provider reserves the right to terminate the Individual Service Agreement with the Partner with immediate effect in case of unlawful use or use that violates the provisions of the Partner GTC and to delete the account of the Partner who has engaged in unlawful activity.
2.14. The Partner shall be fully liable for all claims asserted against the Service Provider by third parties in connection with the Partner's activities.
3.1 The Partner shall pay to the Service Provider in due time the fees set out in the applicable Pricelist for the given Contract, including any applicable taxes or other payment obligations charged under the GTC.
3.2 The Partner shall be responsible for the accuracy and completeness of the data and all information provided by it in the Database and warrants that the data contained in the Contract and the Database are accurate and complete. Any claims ( obligations, costs) made by third parties in connection with the data and information provided by the Partner shall be borne by the Partner. If a third party should take action against the Service Provider on the basis of the data or information provided by the Partner, the Partner shall indemnify the Service Provider against any claims made by such third party and shall compensate the Service Provider for any damage incurred by the latter.
3.3 The Partner is obliged to keep up-to-date his free appointments and his medical treatment fees. The Partner is obliged to accept bookings brokered by the Service Provider under the Contract on the terms and conditions (free appointments and medical treatment fees) specified in advance.
3.14. The Partner declares that it has the necessary authorizations, consents, and other conditions for the performance of its obligations under this Contract and that it has fully understood and accepted the terms and conditions of this Contract.
3.15. In addition, the Partner declares that it has been informed in advance of the terms and conditions of the use of the service provided by the Service Provider and that it has no claims or objections against the Service Provider in connection with the terms and conditions of the service or its subsequent performance.
4.6 The Service Provider shall (may) charge (pass on) on the service fee the amount of the general sales tax and, if applicable to the Service Provider, other taxes and other payment obligations under any other name, as specified in the applicable legislation. These additional charges and pass-throughs do not require any separate notification and acceptance by the Partner, but the Service Provider shall indicate these items separately on the invoice issued. The parties agree and the Partner as the invoice recipient agrees that the invoice will be in the form of an electronic invoice, which will be sent to him by e-mail.
4.7 In the event of late payment by the Partner, the Service Provider shall have the right to suspend the Service. If the Partner is in default with any payment obligation under this Contract, the Service Provider shall be entitled to interest on late payments at the rate of the base rate of the central bank from the date of default plus eight percentage points. The Service Provider shall also be entitled to a HUF amount equivalent to forty euros, determined on the basis of the official exchange rate of the Central Bank of Hungary on the date of the default (recovery costs rate), as cover for the costs of recovery of the claim.
4.8 In the event of late payment of the invoice or any other breach of its obligations under this Contract, the Service Provider shall be entitled to block the Partner. In the event of blocking of the Partner, the Service Provider shall be entitled to suspend the provision of any of its services under this Contract for the duration of the blocking, i.e. the Service Provider shall not be obliged to provide the services to the Partner under this Contract during the period of the blocking.
7.1 In order to perform the Contract, the Partner shall provide the Service Provider with such information as the Service Provider may need in the course of the performance of the Contract. Such information shall include all data, prices, knowledge, communication material, and computer files that may be relevant for the performance of the Contract.
7.3 The Parties shall use the information provided to each other for the purpose and to the extent necessary for the performance of this Contract.
8.1 The Partner acknowledges and accepts that all rights in relation to the Website, the Database and the reservation system (software) operated through them belong to the Service Provider, which may freely dispose of these rights.
8.2 The Partner acknowledges and accepts that all intellectual property rights arising in connection with the performance of the Contract shall be the property of the Service Provider. The Service Provider shall have full and unrestricted rights of use in respect of any copyright or other intellectual property arising in connection with the performance of the Contract, covering all forms of use and exploitation.
9.4 In particular, the Service Provider is entitled to disclose the data to a court or authorities if required to do so by law or by a court/authority order.
9.5 The Service Provider's information on the Website (https://foglaljorvost.hu/info/adatkezelesi-tajekoztato/) shall govern the Service Provider's processing of the Customer's personal data as a Data Subject, according to which the Partner, as the Recipient, shall be considered as the independent data controller in relation to the personal data provided by the Customer on the Website. By signing the Contract, the Partner warrants that its independent data processing complies with the applicable laws and established legal practice, and that the Service Provider shall not be liable for any liability in connection with the Partner's data processing.
10.1 The Parties conclude the Contract for an indefinite period.
10.6. The Service Provider is entitled to terminate this Agreement with immediate effect in the event of
● a serious breach of contract by the Partner,
● bankruptcy, liquidation, winding-up, or liquidation proceedings have been finally and conclusively ordered by a competent court or the Partner has otherwise become bankrupt,
● breaches its contractual obligations of confidentiality,
● misuse on his part,
● breach of contract by the Service Provider, if the Service Provider so decides for reasons of commercial policy.
11.1 In the event of any complaints, claims or data entry errors that may arise during the use of the Service, the Partner may contact the Service Provider by sending an e-mail to firstname.lastname@example.org. The Service Provider shall investigate the Partner's report and, if possible, correct it and reply in writing within 30 days of receipt.
12.1 The Service Provider will send a link to an anonymously fillable evaluation survey to the registered Customer directly after his visit to the Partner. Under the name or anonymous name chosen by the registered Customer, the evaluation will be displayed on the Website on the data page of the relevant Partner for the purpose of informing the visitors of the Website about the quality and standard of the service. The Customer can rate the Partner as a clinic and the Doctor separately, with stars (1-5, with 5 stars being the best) or with a text rating.
12.2 The Service Provider reserves the right to modify, remove or reject Client reviews at its sole discretion if they violate our review policy or Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities (“the Advertisement Act”). The Provider will not disclose the reason for the modification, removal, or rejection or the details thereof. The Provider will not allow Partner to respond to reviews.
12.3 In the event of a negative evaluation, the Service Provider shall not have the right to investigate the opinion or any complaint.
12.4 For reasons of data protection, the Service Provider is not in a position to disclose the personal data of the Customer providing the feedback.
12.7.The Partner expressly acknowledges that in the event of termination of the contract between the Partner and the Service Provider, and in the event of termination of the Partner, the customer reviews submitted by the Customers on the Website shall continue to be available to the Service Provider.
12.9 The Partner expressly acknowledges that the opinions provided by the Customer on the Partner's doctor's profile on the Service Provider's website, including opinions expressed with no text, only stars, are considered as an evaluation of the doctor, and the Service Provider reserves the right not to delete them and not to transfer them to the Partner after the doctor no longer appears on the Website. The Partner also expressly acknowledges that the ratings of any doctor (including those obtained before, during, and after his/her relationship with the Partner) will be displayed on the doctor's profile. The ratings submitted for a particular doctor, regardless of which clinic/clinics the Partner has any relationship with, will be part of that doctor's record and will be solely at the disposal of the Provider.
12.10. The Partner expressly acknowledges that the opinions expressed by the Client on the Partner's clinic profile on the Service Provider's website, including opinions expressed with no text, only stars, are considered as an evaluation of the clinic, the Service Provider reserves the right not to delete them, and the evaluation of the clinic will continue to be published on the Partner's clinic profile. The reviews submitted for a particular clinic shall be part of the datasheet of that clinic and shall be at the exclusive possession of the Provider.
13.4 The Contract (excluding the Partner GTC and the Price letter, in respect of which Clause 4.1 applies) may be modified by the Parties only in writing, including by e-mail messages confirmed by both Parties.
13.5 The Parties may send each other notices, communications, declarations, information, requests ("Notices") in writing by registered and certified mail, return receipt requested, e-mail addressed to the persons specified in the Contract at the address and e-mail address specified in the Contract. The Parties agree that any e-mail messages sent by the Service Provider to the e-mail address indicated in the Service Provider's systems for communication purposes, including any attachments thereof, shall be deemed to be written legal notices. Written legal notices sent by e-mail shall be considered to have been received by the other Party at 12:00 noon on the first business day following the day of sending unless the sending Party receives an error message in connection with the delivery of the e-mail.
13.6 This Agreement shall be governed by the Hungarian law in force at the time. The Central District Court of Buda or, depending on the value threshold, the Székesfehérvár Regional Court shall have exclusive jurisdiction to settle any dispute arising in connection with the Contract, provided that the dispute falls within the jurisdiction of the district court.
Hungarian-speaking employee is required for the Partner during the term of the contract. If these extract does not regulate an area included in the Hungarian GTC, the Hungarian language version shall prevail.