This Agreement was drafted in Hungarian and English, and in case of differences between the two language versions, the provisions of the Hungarian language version shall prevail.
The technical information necessary for the use of Xeropan not contained herein, is available on the Website or is offered by other informative notices within the application.
2. Company and contact data of Service Provider
Name: Xeropan International Kft.
Registered office: 4028 Debrecen, 14 Simonyi Road
VAT number: 26304706-2-09.
Company registration number: 09-09-029639
Customer service, contact, notifications: email@example.com
Representative: Mile Ferenc (managing director, independent), Al-Gharawi Madzsid Attila (managing director, independent)
The Service Provider reserves the right to make changes, at its sole discretion, to the entire or parts of the Agreement, to add or remove provisions. In this case, by continuing the use of Xeropan or any of its elements, the User shall expressly accept these modifications starting from their entry into force (starting from the date written after the title “Reviewed:”). In order to be up-to-date with these changes, the User is advised to regularly visit the Xeropan website, where the archive of previous versions can be accessed.
5. Description of the service
The Service Provider declares that the Xeropan application is available for download free of charge, and certain services are available for use free of charge. The User acknowledges that premium services, functions beyond those available free of charge, are subject to payment obligation as follows:
- daily new lessons
- general exercises for memorising words (passive and active vocabulary)
- exercises for the lessons
- thematic lessons 20 coins \ lesson
- special category of vocabulary 90 \ lesson
- grammar 20 coins \ lesson
The User expressly acknowledges that Xeropan services that can be accessed only against payment create an obligation to pay according to the conditions listed below, and that the prices listed in the Xeropan mobile application are gross prices. The User may pay for using the premium services of the Xeropan application with coins only. Xeropan coins (in various packages) are available in the “Shop” of the application at the indicated prices. The Service Provider reserves to right to change the indicated prices at his own discretion.
By downloading the application and signing in, the User shall obtain an initial badge package that the User can freely manage, use or increase. Further ways of obtaining Xeropan badges for free:
• Single button invitation: Users may invite one or more friends to use the Xeropan application. In this case, the Xeropan system sends out, on behalf of the User, system massages to the invited friends with information concerning the possibility of using the application. By accepting this Agreement, the User expressly gives his consent for Xeropan to send out system massages on his behalf in the context of the function of “obtaining free coins”. Upon the User’s explicit consent, Xeropan bears no liability for such requests. The User acknowledges to have the possibility of inviting friends to use Xeropan.
• “Watch advertisements” feature: the User can obtain a certain number of Xeropan badges determined in the Application by watching a video advertisement. The User has the possibility to view the video advertisement several times, however, the number of views and certain content is restricted, access is restricted depending on the possibilities or depending on the decision of the advertising service provider.
• “Facebook like” and “Twitter like”: the User can obtain Xeropan badges one time by following the Facebook and Twitter pages of Xeropan.
• One-time badge credit upon filling in a questionnaire: by filling in the questionnaire located in the Settings menu, the User can obtain a one-time Xeropan badge.
• For the results achieved in the course of using Xeropan: Xeropan badges can be obtained depending on the performance of the User.
• Completion of challenges: the User can obtain Xeropan badges by completing the triple challenge package that can be found in the user profile.
From time to time, for shorter or longer periods, the Service Provider, at its sole discretion, shall notify the User regarding discounts or promotional shopping possibilities (hereinafter referred to as: Discounts). Information about the terms and conditions of the Discounts shall be provided in the course of using the Xeropan mobile application in accordance with the rules set out therein. The Service Provider is entitled to introduce, terminate or change the terms of the Discounts at its sole discretion.
By using Xeropan, the User declares that he complies with the conditions, set out herein, required for accepting this Agreement.
The Service Provider is entitled to review registrations, and by observing the requirements of equal treatment, withdraw, at its discretion, the approval given for registration, and deny access to Xeropan. The User shall be responsible for ensuring that the data entered is up-to-date and true. If the data is discovered to be false or the Service Provider suspects that the data provided is not authentic, the Service Provider is entitled to deny access without prior notification or cause.
The Service may be used by persons over the age of 16. Users over the age of 16 are entitled to give their consent for the processing of their personal data and for the validity of the their such consent, the consent and the consent of approval of their legal representatives is not required. Users over the age of 18 who are not limited, either fully or partially, in their capacity to act are eligible to accept this Agreement in their own names.
The User is entitled to use Xeropan if he enforces his rights duly and use the application in accordance with its intended purpose. The enforcement of rights and the use of Xeropan qualify as being in accordance with their designated purposes if the provisions of this Agreement are met and the functions and principles of Xeropan are complied with, respectively. The use must not be, either directly or indirectly, commercial and must not result in commection use either. Xeropan is the sole owner of Xeropan.
In the course of using Xeropan, the User is liable for the accuracy and veracity of the data provided by the User.
If the User discloses information that is subject to copyright protection while using Xeropan, he must warrant that he is the copyright holder and that he expressly gives his consent for Xeropan to use such contents free of charge, not exclusively, irrevocably, eligible to transfers, without geographical and technical restrictions, regardless to the method, level and purpose of using. Reproduction, distribution, public performance, communication to the public by broadcasting or any other way, retransmission to the public through an organisation other than the original one engaged in broadcasting, transformation and exhibition qualify, inter alia, as use.
The User acknowledges that the Service Provider is entitled to check the use of Xeropan, and to make, at its own discretion, the arrangements it deems necessary, without prior notice and justification, if user’s activity that is in conflict or is contrary to the Agreement, the laws or the Service Provider’s value judgement is detected.
7. Newsletter subscription
In the process of registration in the Xeropan mobile application via Facebook or Google+ accounts, the User can subscribe to newsletters and other advertisements sent by the Service Provider. The User may, at any time, withdraw his consent by clicking on the “Unsubscribe” link located at the bottom of the newsletter. After unsubscribing, the User shall not receive any newsletters or other advertisements from the Service Provider, and the Service Provider shall delete the User’s data from the list of subscribed Users.
In the course of using Xeropan, the Service Provider can provide advertising possibilities to third-party advertising service providers. The content of advertisements or links to other websites than the Xeropan website, are not under the control of the Service Provider, and it shall not be responsible for their content or the privacy practices of the advertising service providers.
9. Supervision, governing law, jurisdiction
The head office of the Service Provider is located in Hungary, however, Xeropan can be accessed and downloaded in many other countries of the world. Users who wish to use Xeropan from countries outside of Hungary declare that they shall do so by their own decision and they shall comply with the laws of Hungary, and for the settlement of disputes shall submit to the competent courts in whose jurisdiction the registered office of the Service Provider is located. The User and the Service Provider acknowledge that they shall first try to settle disputes amicably and in case of unsuccessful negotiations they shall resort to the judicial forum mentioned above.
Complaints, observations or difficulties encountered by the User in the course of using Xeropan can be sent to firstname.lastname@example.org describing, whenever possible, the circumstances of the case in the interest of swift problem-solving.
If possible, the Service Provider shall immediately remedy the complaint of the User. If immediate remedy of the complaint is not possible, depending on the nature of the complaint or if the User does not agree with the remedy of the complaint, the Service Provider shall draw up a minute of the complaint, which shall be kept for five years together with the Service Provider’s substantive response to the complaint.
Service Provider shall formulate, within 30 days, a substantive response to written complaints.
In case of rejection of the complaint, the Service Provider shall inform the User about the grounds for rejection.
11. Other enforcement possibilities
If a consumer dispute between the Service Provider and User cannot be resolved by means of negotiations with the Service Provider, the User, in its capacity as consumer, can resort to the competent arbitration board located in the jurisdiction of the User’s place of residence or stay, and can initiate the procedure of the Board, or the User can resort to the competent Arbitration Board located in the jurisdiction of Service Provider’s registered office, or alternatively, the User can resort to the following enforcement possibilities:
• File a complaint with the authority for consumer protection,
• Initiate the proceedings of the arbitration board
Competent Board located in the jurisdiction of the Service Provider’s registered office:
ARBITRATION BOARD OF HAJDÚ-BIHAR COUNTY
Address: 4025 Debrecen, 13-15 Vörösmarty St.
Tel: 52-500-710, 52-500-745
Administrator: Brigitta Nemes
In the application of the rules governing the Arbitration Board, consumers shall be considered to include NGOs, churches, cooperatively owned buildings, housing cooperatives, micro, small and medium-sized enterprises, which are governed by separate legislation, and those who purchase goods, order, receive, use, or are the addressee of the commercial communication or offer related to the good.
- Initiation of court proceedings.
Xeropan is owned solely and exclusively by the Service Provider including without limitation all copyrights, trademarks, know-how, and any other intellectual property rights, trade secrets.
Copyright belonging to the Service Provider shall include without limitation the entire or part of the Xeropan website, written content, images and video content placed on the website by the Service Provider, the entire or parts of the Xeropan mobile application, and the written content, image and video content therein.
The use in any form (including but not limited to reproduction, distribution, public performance, communication to the public by broadcasting or in any other manner, retransmission of the broadcast work to the public with the involvement of another organization than the original one, alteration, exhibition), the reproduction, selling, storing or copying of materials listed above without the written authorisation of the Service Provider is prohibited.
Saving on a data carrier or other physical storage medium or printing of the content or certain parts of Xeropan for personal use or with the prior written consent of the Service Provider shall be permitted. Use beyond personal use -- for example storage in a database, transmission, publishing or making it available for download, commercialisation -- shall be made only with the prior written authorisation of the Service Provider.
Beyond the rights expressly defined in these TOU, through the use of Xeropan or in the light of any provisions of the TOU, the User is not entitled to use or exploit any trade names or trademarks available on the website or in the application. Apart from the displaying, the temporary multiplication necessary for this, and the copying for personal use in the course of the intended use of Xeropan, these intellectual works cannot be used or exploited in any other form without the prior written authorisation of the Service Provider.
The Service Provider reserves all its rights on all elements of its service, especially on the www.xeropan.com domain name, the subdomains related to it, all other domains registered by the Service Provider, their subdomains, and the Service Provider’s internet advertising spaces. All activities intending to list, organise, archive, hack the Service Provider’s database or reverse engineer the source code are prohibited, except if Service Provider has given special authorisation for this.
In the absence of a special agreement or in the absence of services contracted for this scope it is prohibited to modify, copy, insert new data or overwrite existing data in the database of the Service Provider by circumventing the platform provided by the Service Provider or search engines.
Registered trademarks, brand names and domain names of third party natural and legal persons referenced in Xeropan are owned exclusively by the natural and legal persons who have registered these. Trademarks, brand names and domain names registered by the Service Provider are owned exclusively by the Service Provider, and it is prohibited to use them in any form, in the course of commercial activities or otherwise, without the written authorisation of the Service Provider.
Legal consequences of infringements
If the Service Provider, personally, through one of its collaborators or through any other sources, notices the violation of its copyright or infringement of its trademark, brand name or domain name, it is entitled, for each infringement and for each occasion, to obligate the user or infringer to the payment of a penalty of HUF 100,000 per day until the cessation of the infringement. Expenses incurred in the process of proving the infringement shall be borne by the infringer. The Service Provider shall be entitled to claim damages beyond the amount of the penalty.
Indemnity, hold harmless and protection provisions
The User undertakes to fully indemnify, protect and hold harmless the Service Provider, its representatives, employees, agents, entrepreneurs, and other collaborators from and against any loss, liability, claim, demand, lawsuit, expense or cost caused directly or indirectly, due to or arising out of
A) The use of the products and services of Xeropan, the participation of the User at programs and games organised by the Service Provider in connection to Xeropan, the User’s any kind of access to Xeropan, or the User’s publishing, submission, transmission (in any format but especially by electronic or postal means) of any kind of written content, image or video materials or other content to the Service Provider.
B) User’s violation of the terms of this Agreement, any applicable laws, or the rights of the Service Provider, or any rights of any third party;
C) Any activity related to the User’s Facebook or Google+ account or password;
D) The use or reference to any materials published, submitted, transmitted to the Service Provider by other users (in any format but especially by electronic or postal means).
Limitation and exclusion of liability
User acknowledges that the Service Provider provides its services “as is”, with all faults and “as available” to the User. The Service Provider undertakes no responsibility for any direct or indirect damage to the PC or other property of the User (including virus attacks), which occurred during the use of Xeropan, irrespective of the legality or illegality of the use.
The Service Provider undertakes no responsibility for data connection errors, for direct or indirect damage to the PC or other damage to any other property of the User due to the temporary or permanent unavailability of the service.
The correction of the qualitative, technical or information inaccuracies or errors on any platform of Xeropan (including social media) is the exclusive right of the Service Provider, which the Service Provider can carry out at its sole discretion, without prior notice and without reason.
The Service Provider shall not be liable for any insulting, offensive or illegal post, content or illustration on any other websites related to any platforms of Xeropan (including social media).
The Service Provider shall not be liable for infringing any other laws outside the territory of Xeropan Hungary or for any other types of compliances.
The Service Provider shall not be liable for content transmitted or submitted in the course of using Xeropan by Users or third parties.
The Service Provider shall be liable for claims arising as a result of its infringement of the provisions of this Agreement or infringement of other laws only if the intentional breach of contract or infringement of the law by the Service Provider (with respect to the Agreement) is established by a court decision.
The User may use Xeropan at his own risk, and accepts that the Service Provider shall not be liable for the material and non-material losses that occur during its use, and that the Service Provider cannot be held liable beyond the intentional non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
The Service Provider excludes all liability for the conduct of the users of Xeropan. In the course of using Xeropan , the User shall make sure not to infringe the rights of third parties or any laws either directly or indirectly. The User is fully and exclusively responsible for his own conduct, and the Service Provider shall fully cooperate with the competent authorities in the investigation of infringements.
The Service Provider is entitled, but not obligated to review the materials submitted by users in the course of using Xeropan, and with respect to the submitted materials the Service Provider is entitled, but not obligated to search for indications that illegal activities are continued.
Xeropan may contain links to the websites of other service providers. Service Provider shall not be liable for the privacy practices and activity of others.
Because of the global nature of the Internet, the User shall accept that the use of Xeropan shall be made with the observance of the applicable national laws as well.
If any activity in connection to the use of Xeropan is not allowed according to the law of the User’s country, the User shall exclusively bear all liability for using the service.
Right of termination
Pursuant to Section 29(1) Government Decree 45/2014 (II. 26.) Korm., concerning contracts for services, the User is not allowed to exercise the right of withdrawal after the service has been fully performed if the Service Provider started performing the service upon the User’s express and prior consent and the User has acknowledged that the right of withdrawal will be terminated upon the full performance of the service.