Terms And Conditions

General Terms and Conditions of CarehomeNet Zártkörűen Működő Részvénytársaság

The following general terms and conditions of CarehomeNet Zártkörűen Működő Részvénytársaság (registered office: 2131 Göd, Fácán utca 14. Building 2; tax number: 26081955-2-13; hereinafter referred to: Service Provider) form the essential and fundamental provisions of the agreements to be concluded by and between the Service Provider and the user, and the Service Provider and the institution (Agreement) with respect to the use of the service of the website operated by the Service Provider under URL www.carehomenet.com (Website) therefore these terms form an integral part of the Agreement.

 

DEFINITIONS:

GTC: general terms and conditions

User: shall mean the natural person who registers as a user on the www.carehomenet.com website. The User may take a look on every institution indicated on the website in order to contact it in the future.

Institution: shall mean the person or entity indicated on the www.carehomenet.com website with or without registration providing elder care services, elder nursing services or placement of elderly people in old people's homes or any other closely related services which provides information on this subject on the website.

Institution superuser: shall mean a User who is entitled to upload and register an Institution on the website, modify the data of the institution, to contact the Users in the name of the institution, and to act in the name of the institution with respect of the services provided on the website.

The superuser shall verify his/her entitlements in case of need with appropriate documents.

Service Provider: shall mean CarehomeNet Zártkörűen Működő Részvénytársaság. The Service Provider does not provide any elder care services, elder nursing services or placement of elderly people in old people's homes or any other closely related service, it only connects persons and entities providing such services with clients interested in such services with the help of the www.carehomenet.com website.

Website: shall mean the www.carehomenet.com website.
 

I. THE SUBJECT OF THE AGREEMENT AND THE SCOPE OF THE SERVICES

  1. The Service Provider shall provide the following services to the registered and activated users (hereinafter referred to as User) and institutions (hereinafter referred to as: Institution) on the Website within the framework of the Agreement:

  2. In the framework of the “Carehomenet” services the Service Provider makes available the data of the Institutions which can be found on the Website to enable the Users to contact them in order to receive their services.

  3. The User may register on the Website as a natural person by providing the following data:
       -  name
       - email address
       - password

The name, e-mail address and the password are mandatory fields.

The following data are necessary to the use of the waiting list function:

   - location (country, ZIP code, state, county, city)
   - age
   - gender
   - searching preferences (type of institutions, spoken language, date of placement, single bedroom)
   - free text description
   - monthly fee
   - data of the contact person (name, email address, telephone number)

Fields which are mandatory for the use of the function: country, name, age, gender, monthly fee, data of the contact person

The purpose of the waiting list function is that the User may set up his/her searching preferences on the basis of which the Institutions may reach out the Users with offers. The Service Provider excludes all kind of liability with respect to the efficiency of the waiting list, which means that it is not guaranteed that the Institution meeting the searching preferences reaches out the User, this option only provides the possibility of a contact.

  1. The Service Provider enables on the Website for any Institution to register.

  2. The following data shall be given at the registration for an Institution:
       Institution Superuser data (the mandatory fields correspond to the mandatory fields in case of a natural person)
       Name of the Institution
       Address of the Institution
       Contact details (email address, telephone number, website address)
       Categories/ characteristics (type of the Institution, treated diseases, availability of a single bedroom, spoken languages, owner, operator)
       information monthly fee
       description
       pictures, videos (youtube link)
       downloadable prospect, documents
       news and events of the Institution
       invoicing data
       name of the natural person or the company
       invoicing address
       tax number if case of a company

  3. The registration of an Institution may take place in order to enable the Institution to advertise its services on the Website, to provide information thereof to the Users.

  4. The registration of the Users and Institutions is free of charge, however the premium rate services for the Institutions are subject to payment. The User may inform about the up-to-date fees on the portal.

  5. The registration is not restricted geographically neither for the Users nor for the Institutions, accordingly any citizen and any Institution operating in any country may register.

  6. The Service Provider does not examine the conformity, validity and lawfulness of the data uploaded by the User or the Institution. The responsibility for the data and for the information given at the time of the registration or later on rests entirely with the User and the Institution. Furthermore, the responsibility for the breaches of intellectual property rights lies with the User and the Institution with respect to the uploaded content. The Service Provider excludes any and all liability for damages occurring out of or in connection with the above.

  7. The database of the Service Provider is exclusively based on data which are public and can be found on the internet and on data which are uploaded by the Institutions voluntarily. The Institution may request the deletion of its uploaded data from the Service Provider by sending an e-mail to the delete@carehomenet.com e-mail address. The Service Provider shall delete the data within 3 days.

  8. Any User may ask to become a superuser of the Institution uploaded per Section 10. The Service Provider does not check whether the User lawfully represents the Institution. In the event of any doubt as to the fact whether the User is entitled to represent the Institution, the Service Provider may ask the User to verify his/her power of representation with documents.

  9. The registered User can evaluate and give his/her opinion about the Institutions (review function).

  10. The Service Provider does not examine the content of the evaluations, therefore it excludes any and all liability with respect to their content. It is forbidden to use the review function abusively. Should any Institution detects such an abusive action, it shall notify the Service provider without delay. The Service Provider takes immediate action in order to delete the abusive evaluation.

  11. The Institution is entitled to post vacancy notice. The Service Provider does not check the criteria and availabilities contained in the vacancy notices therefore it excludes any and all liability with respect to these notices.
     

II. CONCLUSION AND TERMINATION OF THE AGREEMENT

  1. The Agreement by and between the Service Provider and the User, and the Service Provider and the Institution is concluded by the activation of the registration of the User or the Institution on the Website.

  2. In the framework of the registration the User and the Institution shall fill out the registration form properly and completely and with real data, choose a password, provide an e-mail address, and accept the provisions of these GTC.

  3. The User shall be exclusively liable for keeping his/her password and account safe. The Service Provider does excludes any and all liability for the damages arising out of or in connection with the unauthorised use of the password or account of the User.

  4. In case of an approved registration the User or the Institution may active his/her/its registration by clicking on the link sent to his/her e-mail address by the Service Provider. Following the activation, the Service Provider grants access to the personal account of the User or the Institution.

  5. The User acknowledges that an online contract is being concluded for the provision of the Services according to Section (1)-(2) of Paragraph 5 of Act CVIII of 2001 on Electronic Commerce and on Information Society Services. The Agreement concluded between the parties shall be considered a written agreement.

  6. The Service Provider does not file the Agreements.

  7. The language of the Agreement between the Service Provider and the User or the Institution is primarily Hungarian.

  8. The Agreement is concluded for an indefinite period of time.

The Agreement terminates especially:by the unilateral termination of the User, the Institution or the Service Provider,by the unilateral and immediate termination of the Service Provider, if:

  • the Institution fails to fulfil its payment obligation despite the notice – providing at least 5 day payment deadline of the Service Provider;
  • the User or the Institution uses the Services abusively or unlawfully;
  • the User or the Institution conducts in a way which is injurious to the rightful interest of the Service Provider, and certain users, institutions or any other third party, especially if such a conduct infringes the repute of the -   Service Provider or the performance of the Agreement can no longer be expected from the Service Provider due to the conduct of the User or the Institution;
  • the data given by the User or the Institution at the time of the registration are not accurate or they do not correspond to the provision of these GTC, or the User or the Institution misleads the Service Provider in any other way;
  • the User or the Institution commits a crime,
  • the User or the Institution actionably causes damages
  • the User or the Institution breaches the Agreement, the present GTC seriously or repeatedly;
  • in cases determined in these GTC
  1. In case of termination of the Agreement, the Service Provider shall be entitled to invoice its outstanding claims towards the User or the Institution in one amount or to set them off.

  2. In case of termination of the Agreement, the Service Provider treats the registration and data of the User (especially the turnover) as accounting documents underlying the accounting records indirectly according to Section 169 of the Act C of 2000 on Accounting - provided that accounting documents were issued in the course of the contractual relationship - and shall retain those for a duration specified in the Accounting Act.

  3. The Service Provider shall not be liable towards the User, the Institution or any other third person if it terminates the Agreement according to the provision of these GTC.

  4. The Service Provider shall be entitled to suspend the Services if there are justified doubts as to whether the User or the Institution meets the provisions of these GTC or the User or the Service Provider conducts illegally or conducts in a way which infringes the Agreement. The User and the Institution shall have unlimited liability for the consequences of the before-mentioned acts.

  5. The User and the Institution shall give real data when using the Website. An exception is the usage of the waiting list. In case of using the waiting list, the abbreviated name of the User will appear towards the Institutions.

The Service Provider reserves its right to inspect the registration data the User of the Institution any time, especially if there are justified doubts about the validity of these data. During the inspection the Service Provider shall be entitled to limit or suspend the access of the Institution or the User to the online website operated by the Service Provider.
 

III. PAYMENT TERMS

  1. The Service Provider shall pay the consideration of the Services via PayPal or bank transfer.

  2. The Service Provider shall issue an invoice in the name of the Institution following the payments. The invoicing shall be done according to the Hungarian tax laws in effect. The invoicing will be done through the system of szamlazz.hu
     

IV. LEGAL TERMS

  1. The Institution shall notify the Service Provider without delay of any changes in its data.

  2. The Services shall only be used in accordance with the Hungarian laws in effect and in line with the provisions of the Agreement without prejudice to the rights of the Service Provider or any other third person.

  3. The Service Provider shall not be liable for the acts of the User and the Institution towards other users or third persons.

  4. In the course of providing Services, the Service Provider does not provide any elder care services, elder nursing services or placement of elderly people in old people's homes, it only makes available the services of the Institutions which have contractual relationship with it. Accordingly, the Service Provider excludes any and all liability for the information provided by its users (partners) and for their conduct.

  5. The User and the Institution shall have an absolute and unlimited liability towards the Service Provider and third persons for the validity and lawfulness of the data provided by it. The User and the Institution shall have unlimited liability for the damages caused by the infringement of the previous provision.

  6. The Service Provider is not liable for any possible mistakes or deficiencies in the Services. Nevertheless, the Service Provider will make its best efforts that no such mistakes or deficiencies occur when providing the Services. The content made available by the Service Provider in the framework of the Services is only indicative, therefore the Service Provider shall not be liable for the accuracy, reliability, completeness of the content (including the software used for the Services) and the suitability of it for the intended purpose and the Service Provider shall not be liable for the direct and indirect losses and damages incurred as a result of the absence of the previously mentioned.

  7. The Service Provider shall not be responsible for any losses or damages –especially damages caused by viruses - incurred in the IT equipment or other property of the User as a result of the usage of the Services, the Website and the electronic mail.

  8. The Service Provider shall not be liable for any conducts (especially losses or damages) which may be incurred as a result of the unprofessional or illegal use of the Website or any usage which is in breach of the provisions of these GTC.

  9. The Service Provider has no control over the content of any third party websites which it makes available. The Service Provider assumes no responsibility for the content of those off-sites. The User shall be solely liable for the usage of those off-sites.

  10. It is forbidden to use such a system or solution which can or could cause the stoppage of the server used for the operation of the Services or which can or could endanger the operation of the Services.
     

V. COPYRIGHT PROVISIONS

  1. The Service Provider shall be entitled to modify these GTC unilaterally at any time. In this case the Service Provider shall post these changes on the Website on the effective day of these changes at the latest and shall inform the Users and the Institutions of these changes via electronic mail.

  2. Certain contents of the Website may only be saved or printed for the purpose of private use. However the Users and the Institutions shall not reproduce, distribute, make available, store in database or rework the content for commercial purposes under the previously-mentioned approval.

  3. Any pictures which can be found at the Website shall only be used with the consent of the Users, the Institutions or third persons. The usage of those pictures without an approval infringes the laws relating to copyrights and individual rights.

  4. The Users and the Institutions shall have absolute and unlimited liability for the breaches of the provisions contained in this Section.

  5. The Service Provider shall acquire a right of use for the product-site/service-site established by it with respect to the pictures/content embodying products/services and provided by the Users and the Institutions on the Website. By the registration the User and the Institution grants a right of use (unlimited in time and space) with respect to the picture/content provided by it without any consideration and shall warrant that such pictures/contents do not infringe the copyright of any third parties. The only limit to the right of use is the exercising of rights in an appropriate way.
     

VI. DATA PROTECTION

  1. The Service Provider shall treat personal data provided in the framework of voluntary disclosure of information confidential and it shall only use those to the extent necessary for the identification of the Users and Institutions and for the successful provision of the Services.

  2. By concluding the Agreement the User and the Institution expressly gives its consent to the use of its personal data.

  3. The Service Provider shall immediately delete the personal data of the User and the Institution upon request. The duration of the data storage is 5 years following the termination of the Agreement in case of Users and 8 years following the termination of the Agreement in case of Institutions.

  4. The confidential data control is a first rate requirement for the Service Provider, therefore the Service Provider only hands over the data of the Users and Institutions upon the certain request of organizations. The Service Provider only makes available these data to authorities and courts in line with the applicable laws. The User acknowledges that the data provided by him/her can only be treated as personal data based on legal provisions.

  5. The detailed provisions relating to data protection and information safety can be found in the Data Protection and Information Safety Policy.
     

VII. MISCELLANEOUS PROVISIONS

  1. The Service Provider shall be entitled to modify these GTC unilaterally at any time. In this case the Service Provider shall post these changes on the Website on the effective day of these changes at the latest and shall inform the Users and the Institutions of these changes via electronic mail.

  2. The parties approves the communication by e-mail as written communication in general. The notification address used by the Service Provider info@carehomenet.com. The Service Provider shall not be liable for the orderly e-mail flow and for the damages arising out of e-mails sent by the Service Provider but not received by the User or the Institution. The language of the e-mail communication may be Hungarian or English.

  3. The Service Provider will enforce its claim to the compensation of damages caused illegally to it without any delay and even in a judicial way. In this case the Service Provider will make its best and provide all assistance that is legal in order to help the authorities to identify the infringing person.

  4. If the content provided by the User or the Institution is infringing on the website operated by the Service Provider, than the Service Provider shall act according to the Act on Electronic Commerce and on Information Society Services which means that it is entitled to remove the content if it is notified appropriately by the entitled person. The Service Provider shall cooperate with the authorities according to the pertaining laws in effect in order to make the infringing person responsible.

  5. The Service Provider shall be entitled to change the structure of the websites, sub-websites operated by it unilaterally and to transfer and highlight certain functions unilaterally.

  6. The Agreement and these GTC shall be governed by Hungarian Law, especially the Act on Electronic Commerce and on Information Society Services, the Civil Code but the parties exclude the application of Section 6:102 of the Civil Code.

  7. In case of any disputes between the Service Provider and the User, and the Service Provider and the Institution, the parties stipulate the jurisdiction of the district courts and general courts by reference to the place where the registered office of the Service Provider is irrespective of the pertaining jurisdiction. The User and the Institution may initiate an electronic communication procedure in connection with electronic advertisements relating to the Services. The availability of the National Media and Infocommunications Authority is 1525 Budapest, Pf. 75, info@nmhh.hu

  8. The most recent version of these GTC may be found by clicking on the link of “General Terms and Conditions” placed on the registration page of the Users.


Budapest, 1st of December, 2018