ESPORTS DIGITAL UNITING KORLÁTOLT FELELŐSSÉGŰ TÁRSASÁG

GENERAL TERMS AND CONDITIONS

Effective Date: 01 November 2024

1. Introductory Provisions

1.1

These terms and conditions (hereinafter: the Terms and Conditions or GTC) govern the provision of the Services and related ancillary services by the Provider to the Customer. The Agreement is a legal document that explains your rights and obligations as a subscriber or receiver of the Services from the Provider.

1.2

The Website is operated and maintained by the (below defined) Service Provider. The purpose of the Website and the Platform is to provide the Customers with access to the use of Services through the Internet. In respect of any interaction with the Platform, the contractual relationship is concluded with the Service Provider. Except as otherwise indicated at the time of the respective transaction, any transactions for Subscriptions (as defined below) you make on the Platform or the Website are being made from the Service Provider.

1.3

The Service Provider may offer the Services to ensure the User’s registration for IESF Events. The Terms and Conditions of IESF Event Registration are attached hereto as Annex 1. In case of any discrepancy between the Annex and the general provisions of this GTC, Annex 1 shall prevail.

2. Definitions

2.1

Capitalized terms used in these Terms and Conditions shall have the meanings set out in Clause 2.2 hereunder, the Agreement or other documents to which these Terms and Conditions expressly refer to.

2.2

Unless the context requires otherwise, when used in this General Terms and Conditions with an initial capital letter, the following words and phrases shall have the following meanings:

3. Scope

3.1

The scope of the present General Terms and Conditions covers only the Services provided through the Platform on the Website.

3.2

The scope of the present General Terms and Conditions covers any Service which is concluded by and between the Service Provider and the Customer in respect of the Services.

3.3

The Agreement does not constitute a written contract for the purposes of the CC and will not be registered. The Agreement is an English language contract that is concluded only in electronic format. The acceptance of these General Terms and Conditions will be saved in the user data during the registration by the Service Provider and upon the purchasing of certain Services. The General Terms and Conditions do not refer to any applicable code of conduct.

4. Registration, Subscription, Content and Services

4.1

By registering to the Platform, the User registers for the Platform with an e-mail address by creating a User Account with the following details: i) e-mail address; ii) first name; iii) last name; iv) password. Registration of IESF Events is subject to Annex 1 to this GTC.

4.2

Unless the present GTC expressly allows otherwise, Users may only use the Website if they are 16 years of age or older. To register for an Account, submit a request to the Provider, or subscribe to receive any Content or other marketing or promotional material from the Provider, or to purchase the Services or any part thereof, the User must reach the age of majority under the national laws of their country/countries of citizenship and/or residence or otherwise be permitted to make the underlying legal statement. If the User fails to meet the requirements, the respective Users are not allowed to use the Websites or interact with the Provider in any manner or use the Services.

4.3

Users may view and modify the data provided by them at the time of the registration (or thereafter) before clicking the ‘Register’ button. The User will receive a confirmation request to the e-mail address provided upon the registration without delay, but no later than forty-eight (48) hours. Should the User fail to receive the confirmation e-mail within this period, the registration shall be considered unsuccessful. By clicking the ‘Confirm’ button, the registration shall be completed.

4.4

Users after registration to the Platform shall become eligible to purchase the Services (or any part thereof), including in particular, the Identification Service and/or the Subscription Service. Once the registration is completed and the respective Service is purchased by the User, the User shall be referred to as Customer or depending on the purchased Service, as Subscriber.

4.5

Subject to the prior notice of the Service Provider to the respective Users, Subscribers on the Platform may obtain and/or receive access to certain services, software and content available only to Subscribers. The content, software and updates the Subscriber downloads or accesses via the Website, including but not limited to Provider or third-party content, are referred to in this Agreement as Content and Services; the rights to access and/or use any Content and Services accessible through the Platform are referred to in this Agreement as Subscriptions.

4.6

The User enters into the Agreement (which includes the present General Terms and Conditions by reference) by electronic means by selecting the respective Service element on the Website they intend to purchase.

4.8

After the completion of the Service selection procedure set forth in Clause 4.6, the User i) will be directed to the website of the (below defined) Payment Provider or ii) directed to the sub-domain of the chosen Service. The Agreement shall enter into full force and effect (hereinafter: Effective Date) when the User completed the Service selection procedure set forth in Clause 4.6; and if applicable successfully completed the payment on the website of the Payment Provider, provided that the Payment Provider confirmed the successful payment to the Provider.

4.9

The Provider will send an automated confirmation e-mail about the completion of the purchase of Services within twenty-four (24) hours from the Effective Date.

4.10

The Provider shall provide the purchased Service without undue delay but no later than three (3) working days from the Effective Date. By purchasing the respective Service, the Customer expressly agrees and acknowledges that the provision of such Service will be commenced and the Customer may not be entitled to rescind the Agreement after such commencement. The Subscription and the Content and Services accessible after the Subscription shall be made available to the Customer on a continuous basis subject to the Website availability service levels set forth herein.

5. User Identification Service

5.1

Users registered to the Platform are eligible to purchase the Identification Service and thus initiate the Identification process as result of which the User may receive their unique electronic identification code (Consumer ID). After the completion of the Identification process, the Customer may use the Consumer ID to access the Content and Services.

6. Payments

6.1

Depending on the respective Service element, the use of the Service may be subject to the payment of fees published on the Website of the Service (Price List). If applicable, the Users and Customers (respectively) are only able to pay for the Service by initiating the payment from the Platform and paying the amount by credit card via the Payment Provider. The payment is successful if i) the completion of the payment is verified by the Payment Provider and ii) the respective amount is credited to Service Provider’s account.

6.2

Any payment made by the User and/or the Customer (respectively) is executed via the Payment Provider’s system. The Service Provider does not receive and/or store bank card data.

6.3

It is the responsibility of the User to provide the correct billing information. The User and/or the Customer (respectively) agrees and acknowledges that the Service Provider will issue electronic invoices on the fees of the Service in accordance with applicable Hungarian laws and regulations. It is the responsibility of the User and/or the Customer (respectively) that the e-invoice is accepted by the natural or legal person indicated by the user as responsible for payment.

7. Rights and Obligations of the Service Provider, Service Levels

7.1

The Provider shall ensure the provision of the Services purchased by the Customer on a continuous basis in accordance with the Agreement and the present General Terms and Conditions.

7.2

Uptime commitment: The Service Availability of the Services shall be ninety-nine percent or more (99%) in each calendar month.

7.3

Subject to the terms and conditions set forth herein or in the Agreement, the Provider shall: make the Application available to the Customer; provide the Customer with the Services agreed through the Application or in the Agreement; provide the Customer with Basic Support.

8. Account, Prohibition

8.1

When creating the Account, the User becomes responsible for maintaining the confidentiality of their password and account access and takes full responsibility over all activities that occur with their password or account access. The User and/or the Customer (respectively) agrees to immediately notify the Service Provider if their password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.

8.2

The User and/or the Customer (respectively) is solely responsible for making an independent determination as to whether the technical and organizational measures for the Service meet their requirements, including any of their security obligations under applicable data protection laws and regulations. It is acknowledged and agreed that (taking into account the state of the art, the costs of implementation, and nature, scope, context, and purposes, possible 2FA) the security practices and policies implemented and maintained by Provider provide a level of security appropriate to the risk with respect to its data. The User and/or the Customer (respectively) is responsible for implementing and maintaining security measures for components that are within its control (such as client applications and credentials).

8.3

The following uses of the Service are prohibited. The User and/or the Customer (respectively) must not:

1. use the Service in a way prohibited by law or violating the rights of others;
2. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts or the technology and equipment supporting the Service or in any way prohibited in the Website Terms of Use;
3. frame or link to the Service without permission;
4. use data mining, robots, or other data gathering devices on or through the Service;
5. post incomplete, false or misleading information, impersonate another person, or misrepresent an affiliation with a person or entity;
6. disclose personal information about other persons without permission, in particular disclosure of any Personal Data;
7. disclose hurtful, offensive, objectionable content or disclose content in an abusive manner;
8. sell, transfer or assign any rights to use the Service to a third party without the permission of the Service Provider;
9. post advertising or marketing links or content, except as specifically allowed by these General Terms of Conditions;
10. use the Service after the Account of the respective User or Customer has been suspended or terminated, without the Provider’s explicit consent;
11. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties and other liability to or others;
12. access the Service or the Website from a jurisdiction where it is illegal or unauthorized;
13. reproduce any part of the Service;
14. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service, the Website or any part thereof, or attempt to do any of the foregoing, except as permitted by these Terms and Conditions, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as the Provider intends or authorizes;
15. solicit personal information from anyone under the age of 18;
16. promote any criminal activity on the Service;
17. assist or permit any persons in engaging in any of the activities described above.

9. Ownership of Content and Services, Third Party Sites

9.1

All title, ownership rights and intellectual property rights in and to the Services and/or in Content and Services and any and all copies thereof, are owned by the Provider and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Services and/or the Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Services and/or the Content and Services contain certain licensed materials and Provider’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

9.2

The Provider may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Service, Subscription or other fees that the User and/or the Customer (respectively) may pay to the Provider. The Provider may also provide access to third-party vendors, who provide content, goods and/or services on the Platform or the Website as well as the Internet. Any separate charges or obligations the User and/or the Customer (respectively) incurs in their dealings with these third parties are their sole responsibility. The Provider makes no representations or warranties, either express or implied, regarding any third party site. In particular, the Provider makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

10. Liability

10.1

By entering into the Agreement and/or accepting the present General Terms and Conditions the User and/or the Customer (respectively) expressly understands and agrees that:

1. their use of the Service is at the User’s sole risk and the Service is provided on an `as is` and `as available`` basis;
2. To the extent permitted by law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the Service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
3. The Provider makes no warranty that i) the Service will meet the User’s requirements, ii) the Service will be uninterrupted, timely or error-free, iii) the results that may be obtained from the use of the Service will be accurate or reliable; iv) the quality of any service available on the Service will meet the User’s expectations, or v) any errors in the Service will be corrected;
4. Any Content or material downloaded or otherwise obtained through the use of the Service or the Subscription is accessed at the Customer’s discretion and risk, and they will be solely responsible for any damage to their computer system or mobile device, or loss of data that results from the download or use of any such material;
5. The Provider is not responsible for any disputes or disagreements or any other legal matters between the Customer and any third party the User interact with using the Service. We are not responsible for any disputes or disagreements or any other legal matters you may have with the Payment Provider or third party service providers.

11. Limitation of Liability and Indemnification

11.1

The following terms apply unless expressly stated otherwise in these General Terms and Conditions. The User and/or the Customer (respectively) expressly understands that neither Provider, nor any of its employees or subcontractors will undertake any liability for any losses, damages, expenses (including, without limitation, any lost profit, indirect, collateral, or consequential losses as well) that may incur as a result of visiting or usage of the Website or the Platform.

11.2

To the extent permitted by law, Provider excludes all liability for the activities of the User and/or the Customer (respectively) of the Website and the Platform.

11.3

Service Provider excludes all liability for any operation or content errors or defects that may occur incidentally, directly or indirectly, in the course of visiting the Website. Furthermore, Service Provider does not assume any liability for any errors occurring as a result of the provision of incorrect data.

11.4

To the extent permitted by law, Provider will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

11.5

Due to the global character of the Internet, Users undertake to proceed in compliance with the provisions of all applicable national measures in the course of using the Website. If any activity related to using the Website is not permitted according to the laws of the User`s country, the User shall exclusively bear responsibility for such usage.

11.6

The Customer agrees to defend, indemnify and hold harmless the Provider from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from their breach of these Terms and Conditions or the Website Terms of Use.

12. Term and Termination

12.1

These Terms and Conditions, as amended, will be effective the Effective Date and will remain in full force and effect throughout your use of the Service, until such time as the User or the Customer (respectively) terminate their account or the Provider terminates the User’s or Customer’s account, subject to the survival provision of these Terms.

12.2

The Provider may terminate the User’s or Customer’s use of the Service or any features or functionalities of the Service at any time and for any reason, with or without notice, for conduct violating these Terms and Conditions or upon the Provider’s sole discretion.

12.3

The Service Provider expressly reserves the right to offer its services for consideration (i.e. not for free of charge) after thirty (30) days prior notice to the Customers. In this case, the services that were previously offered by the Service Provider free of charge will terminate in accordance with the provisions of this GTC and only those Customers will have access to the Services that accept the new version of the GTC. Should the Customer enter into the new GTC within the applicable period, the Service Provider may terminate the provision of the Services and cancel the Customer’s account.

13. Consumer Rights

13.1

The provisions of this chapter shall apply only to the users considered consumers according to the CC (Act V of 2013 on the Civil Code of Hungary) and Government Decree No. 45/2014. (II. 26.) (hereinafter: the Government Decree). In the event of a conflict between this Section 12, and the rest of the General Terms and Conditions and/or Terms of Use, the provisions of this Section shall apply to consumers.Right to withdraw or cancel

13.2

Customer may exercise his/her right to withdraw by sending a clear statement to Service Provider in a message sent to Service Provider’s e-mail address described above. Customer expressly acknowledges that according to Section 29 of the Government Decree, Customer may not exercise his/her right of withdrawal/cancellation in the case of a contract for the provision of a Service, after the completion of the performance of the Service as a whole, if the performance was commenced by the Provider with the express prior consent of the Customer, and he/she acknowledges that he/she loses the right of withdrawal/cancellation after the performance of the entire service.

13.3

By completing the Registration and completing the order process regarding the Service in particularly in relation to Identification, AML Identification and/or Subscription Services, and thereby access the Service in accordance with the provisions of these Terms and Conditions, shall be considered as the commencement of the provision of the service with the express prior consent of the User.Complaints

13.4

Should the Consumer have any complaints in connection with the Service, they may send their complaints via post to the registered office or to the email address of the Provider described in Section 2 above. All complaints will be investigated in due course and the Consumer shall be notified of the result within thirty (30) days.

13.5

In case the Customer is not satisfied with the result, they have the right to contact the following organization: Békés Megyei Békéltető Testület (H-5600 Békéscsaba, Penza ltp. 5.)Warranty rights

13.6

On the basis of these Terms and Conditions, Service Provider shall be liable to provide a warranty for lack of conformity. On the basis of warranty rights, the User shall have the option:

1. to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to the User upon compliance with the warranty right; or
2. to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Service Provider’s expense, or to withdraw from the contract if Service Provider refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions described below, or if repair or replacement no longer serves User’s interest.

13.7

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the obligee, taking account of the nature of the service and the purpose for which the obligee required the service.

13.8

User shall be required to inform Service Provider of any lack of conformity within two months of the time it is detected. The User shall be liable for any damage that results from late notification. The User’s right to warranty shall lapse after two years from the fulfillment of the contract.

13.9

As regards any part of the service that has been repaired or replaced, the limitation period for the right to warranty shall recommence. This provision shall apply also when another defect emerges as a consequence of the repair.

13.10

Within six months of the fulfillment of the present contract, the warranty claim is not subject to any condition other than the reporting of the defect. However, after six months of fulfillment, the User is required to prove that the defect detected was already at the time of fulfillment.Commercial guarantee

13.11

Service provider does not offer a commercial guarantee nor is he obligated to do so by any law.

13.12

Service Provider does not have a code of conduct for its commercial practices.

14. Applicable Law, Jurisdiction

14.1

In the event of a dispute relating to the interpretation, the performance or the validity of the Agreement or the present General Terms and Conditions, an amicable solution will be sought before any legal action in accordance with the consumer complaint management procedure described in these General Terms and Conditions.

14.2

These General Terms and Conditions are governed by the laws of Hungary.

14.3

The Parties stipulate the jurisdiction of the Hungarian courts in the event of a dispute between them unless any mandatory provision of the applicable law require otherwise.

15. Modification of the Service and the General Terms and Conditions

15.1

The Service Provider may make changes to the Service from time to time at its sole discretion. The Service Provider may modify or terminate any element of the Service at its discretion.

15.2

Service Provider is entitled to amend these General Terms and Conditions at any time and will update these General Terms and Conditions in the event of any such amendments. The Service Provider undertakes to inform the User about the change in the General Terms and Conditions by making the amended and restated General Terms and Conditions available on the Website. Major changes will be communicated to all Users. The previous versions of these General Terms and Conditions will be available on the Website for two (2) years.

16. Miscellaneous

16.1

The Provider’s failure, omission or delay to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

16.2

In the event that any provision of the Agreement and/or these General Terms and Conditions shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement and/or these General Terms and Conditions shall remain in full force and effect.

16.3

The provisions of these Terms and Conditions that are intended to survive the termination of these Terms by their nature will survive the termination thereof.

16.4

The User may not assign or delegate any rights or obligations under the Website Terms of Use, the Agreement, the General Terms and Conditions or Privacy Policy without the Service Provider’s prior written consent, and unauthorized assignment and delegation by you are void.

16.5

By accepting the General Terms and Conditions, the User agrees and acknowledges that they have read these General Terms and Conditions, understands the General Terms and Conditions, and will be bound by these General Terms and Conditions. The User further acknowledges that these General Terms and Conditions together with the Privacy Notice represent the complete and exclusive agreement between the User and the Provider and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement and/or the Services.

Annex 1 – IESF Event Registration

1. Event Organizer, Event Rules

The IESF Event (including any online and/or offline competition or other events) is organized by the IESF and/or its affiliated companies as disclosed on the Website from time to time. IESF as the organizer of the IESF Event organizes and operates the necessary competition platforms. The Service Provider operates the Website and offers the Services as a contractual partner of IESF.

The rules of the respective IESF Event are made, supervised, and enforced by IESF. Consequently, any and all inquiries that are not related to the Services, in particular, other than the registration and/or Identification, shall be lodged with IESF.

2. Entries, Entry Fee, Registration Fee

Entries are made on the dedicated subdomain of the Website, by registering for the relevant IESF Event. For the respective IESF Event, entries may be submitted until the indicated deadlines by submitting a valid and correct registration on the Website.

IESF may – in its sole discretion – require the respective entrant to pay an entry fee. The Service Provider expressly notes that the IESF Event entry fee may differ from the fee paid by the user to the Service Provider for the provision of the Services, which may or may not be a pre-condition of participating in the respective IESF Event.

3. Eligibility

Eligibility to the IESF Event is always subject to the respective IESF Event rules. However, the Registration Service provided by the Service Provider is intended for users who are 16 years of age or older. Any registration by, use of, or access to the Service by anyone under 16 years of age requires permission from a parent or legal guardian, who must read these Terms and Conditions and Privacy Policy and agree to be bound by them, on behalf of their minor child.

Service Provider reserves the right to confirm that such permission has been granted and to close or restrict any Services or Accounts until Service Provider is satisfied that a parent or legal guardian has read the Terms and Conditions and agrees to allow their minor child to hold an account.

Service Provider recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 16 years when online. If you are aged 16 but under 18 years, you and your parent or guardian must review this GTC and our Privacy Policy together.

Parents/guardians are jointly and severally liable for all acts (including purchases and payments) and omissions of their children aged under 16 years when using the Service. Additionally, some of the content displayed on the IESF Event may or may not be appropriate for individuals under 18 years of age. Accessing such IESF Event is the sole responsibility of the Customer.

By using any of the Services on the Website, you represent and warrant that you are 16 years of age or older or you have received parental or guardian permission and that you agree to and abide by all of these Terms and, where you are between the ages of 16 and 18, you will comply with the specific game-related age restrictions and/or guidelines in the jurisdiction in which you reside as applied by IESF from time to time under the IESF Event rules.

In order to register and participate in any IESF Event, an individual must be a natural person, aged 16 years or older unless consent has been approved which allows younger entrants for the use of Services.

At all times, users must comply with these terms, be a citizen or resident of a country (Territory) where skilled gaming is legal (as applicable from state to state within a given Territory), and be physically located in a Territory in which participation in the Service you select, or the Website, is unrestricted by applicable laws.

Without prejudice to IESF’s rights under the IESF Event Rules, the Service Provider may at any time require any User to provide proof of eligibility and identity to get access to the Registration Service and/or to maintain the Customer ID in order for the user to continue to access the Service, and each user hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of the Service Provider and/or IESF.

If using the respective Service element, the User and/or Customer (respectively) will be required to provide proof of eligibility and/or identification. If the User and/or Customer (respectively) opens an account and/or participates in any IESF Event offered on the Site while located in a prohibited jurisdiction, they will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having the respective account suspended or terminated, and IESF may remove them from the respective IESF Event and/or apply other legal consequences.

4. Miscellaneous

Any and all matters not expressly governed in the present Annex 1 shall be governed by the GTC and/or the IESF Event rules (as applicable from time to time).

The Service Provider reserves the right to change and/or modify the Registration Service.