Terms and conditions
Your use of the Website indicates your acceptance of these Terms and Conditions. Should you disagree with these terms, we kindly request that you refrain from using the website.
Vortexion Kft. is responsible for the operation of this website.
These Terms and Conditions establish the contractual relationship between you and us concerning your utilization of the website, encompassing all associated media formats or applications.
Our company is registered in Hungary, with its official headquarters located at 2458 Kulcs, Radicsai utca 23.
By accessing the website, you acknowledge that you have perused, comprehended, and consented to abide by all of these Terms and Conditions. If you find yourself in disagreement with any aspect of these Terms and Conditions, we respectfully ask that you abstain from using the website and cease usage immediately. Your continued use of the website is predicated on your acceptance of these Terms and Conditions.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 12, WHICH REQUIRES INDIVIDUAL ARBITRATION FOR DISPUTES AND RESTRICTS COURT ACTIONS AND CLASS ACTIONS. FURTHERMORE, THESE TERMS INCLUDE SIGNIFICANT DISCLAIMERS, SUCH AS WARRANTY DISCLAIMERS IN SECTION 8, LIABILITY LIMITATIONS IN SECTION 9, AND A CLASS ACTION WAIVER WITHIN THE ARBITRATION CLAUSE. WE URGE YOU TO EXAMINE THESE SECTIONS THOROUGHLY TO FULLY GRASP YOUR RIGHTS AND RESPONSIBILITIES.
1. Acceptance of terms
1.1. The stipulations outlined in these "Terms" dictate the relationship between you and Vortexion Kft. (registration number 07-09-035927), headquartered at 2458 Kulcs, Radicsai utca 23, Hungary (referred to as "we", "us", "our" or the "Company") regarding your utilization of the Company's website ("website") and associated services ("Service"), including all information, text, graphics, software, and services made available to you (collectively, the "Content").
1.2. This section underscores the CRITICAL IMPORTANCE OF CAREFULLY REVIEWING THE TERMS PRIOR TO USING THE SERVICE, as they constitute a legally enforceable agreement between the user and the Company.
1.3. We strongly recommend that users also examine the Privacy Policy, noting that it, along with any additional terms or policies that may be updated periodically, forms part of the agreement. This highlights the Company's authority to modify these Terms at its discretion, emphasizing the necessity of remaining informed about any alterations.
1.4. The Company retains the right to amend the Terms, with substantial changes potentially communicated via email or service notifications. Not all modifications necessitate direct notification; instead, the "Last updated" date will serve as an indicator of revisions. Users are encouraged to review these Terms regularly and discontinue use if they object to any updates. Continued use of the Service following modifications implies acceptance of the revised Terms.
1.5. IF YOU TAKE ISSUE WITH ANY ASPECT OF THESE TERMS OR LACK THE ELIGIBILITY OR AUTHORIZATION TO COMPLY WITH THEM, YOU SHOULD REFRAIN FROM USING THE SERVICES IN ANY CAPACITY.
2. Critical Disclaimers
2.1. THE COMPANY EXPLICITLY DECLARES THAT IT DOES NOT OFFER MEDICAL ADVICE, HEALTH INSURANCE, OR ANY FORM OF HEALTHCARE SERVICES, INCLUDING BUT NOT LIMITED TO COUNSELING, TESTING, PRESCRIPTIONS, OR TREATMENTS PERTAINING TO EXERCISE, NUTRITION, WEIGHT MANAGEMENT, WELLNESS, MENTAL HEALTH, OR ANY MEDICAL CONDITIONS.
2.2. THIS DISCLAIMER EMPHASIZES THAT THE SERVICE IS NOT UNIVERSALLY APPLICABLE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. WHILE DESIGNED TO SUPPORT HEALTH AND WELLNESS OBJECTIVES, IT CARRIES INHERENT RISKS, INCLUDING POTENTIAL FOR INJURY OR DEATH, WHICH USERS MUST ACCEPT. INDIVIDUALS ARE STRONGLY ADVISED TO SEEK MEDICAL CONSULTATION BEFORE UTILIZING THE SERVICE AND AGREE TO RELEASE THE COMPANY FROM ANY LIABILITY ASSOCIATED WITH SERVICE USAGE.
2.3. IT IS IMPERATIVE TO CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO ENGAGING WITH THE SERVICES TO ENSURE SAFETY AND EFFICACY FOR YOUR INDIVIDUAL CIRCUMSTANCES. ACCESSING THE SERVICES CONTRARY TO MEDICAL GUIDANCE, PARTICULARLY IF IT POSES A HEALTH RISK, IS STRICTLY FORBIDDEN. YOU ASSUME FULL ACCOUNTABILITY FOR YOUR HEALTH, YOUR FAMILY'S WELL-BEING, AND ANY DECISIONS MADE REGARDING SERVICE UTILIZATION.
2.4. UNDER THE MOST STRINGENT LEGAL DISCLAIMERS, THE SERVICES UNEQUIVOCALLY STATE THAT NO MEDICAL ADVICE IS PROVIDED. ALL CONTENT, INCLUDING THAT FROM PURPORTED MEDICAL EXPERTS, IS SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT REPLACE PROFESSIONAL HEALTHCARE GUIDANCE. USERS ARE CAUTIONED AGAINST EMPLOYING THE SERVICES AS AN ALTERNATIVE TO PROFESSIONAL MEDICAL CONSULTATIONS OR DISREGARDING HEALTH PRODUCT INSTRUCTIONS. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR HEALTH ISSUES STEMMING FROM ITS PROGRAMS OR PRODUCTS, URGING USERS TO CONSULT HEALTHCARE PROFESSIONALS FOR HEALTH-RELATED CONCERNS AND TO CONTACT EMERGENCY SERVICES IN URGENT SITUATIONS.
2.5. INTERACTION WITH THE SERVICE DOES NOT ESTABLISH ANY FORM OF MEDICAL RELATIONSHIP BETWEEN YOU AND THE COMPANY, SUCH AS DOCTOR-PATIENT OR THERAPIST-PATIENT, UNDERSCORING THE NON-MEDICAL NATURE OF THE SERVICE PROVIDED.
2.6. THE COMPANY DISCLAIMS ALL LIABILITY FOR INACCURACIES OR ERRORS IN CONTENT RELATED TO FOOD RECIPES, EXERCISES, OR OTHER INFORMATION FURNISHED THROUGH THE SERVICES. USERS ARE STRONGLY ENCOURAGED TO CONSULT PRODUCT LABELS AND MANUFACTURERS FOR SPECIFIC DETAILS REGARDING INGREDIENTS, ALLERGENS, AND HEALTH CLAIMS PRIOR TO CONSUMPTION OR USE. FOR COMPREHENSIVE PRODUCT INFORMATION, DIRECT CONTACT WITH THE MANUFACTURER IS ADVISED.
2.7. THE COMPANY MAKES NO GUARANTEES REGARDING SPECIFIC OUTCOMES FROM SERVICE USAGE, ACKNOWLEDGING THAT INDIVIDUAL RESULTS WILL VARY. TESTIMONIALS FEATURED ON THE SERVICES, WHILE POTENTIALLY INSPIRING, REPRESENT EXCEPTIONAL CASES AND SHOULD NOT BE CONSIDERED TYPICAL. THERE IS NO ASSURANCE THAT PAST SUCCESSES WILL BE REPLICATED IN THE FUTURE, AND SUSTAINED RESULTS DEPEND ON CONTINUED ADHERENCE TO THE PROGRAM.
2.8. SUCCESS IN HEALTH, FITNESS, AND NUTRITION IS HIGHLY INDIVIDUALIZED AND VARIES SIGNIFICANTLY AMONG INDIVIDUALS, CONTINGENT ON NUMEROUS FACTORS INCLUDING PERSONAL BACKGROUND, DEDICATION, AND UNIQUE HEALTH PROFILES. THE COMPANY EMPHASIZES THAT RESULTS FROM SERVICE USAGE ARE NOT GUARANTEED AND MAY DIFFER BASED ON INDIVIDUAL EFFORT AND CIRCUMSTANCES. USERS ARE ENCOURAGED TO CONDUCT THEIR OWN RESEARCH AND ASSUME RESPONSIBILITY FOR THEIR OUTCOMES, WITH THE COMPANY DISCLAIMING LIABILITY FOR ANY DIRECT OR INDIRECT RESULTS RELATED TO SERVICE UTILIZATION.
2.9. THE COMPANY EXCLUDES LIABILITY FOR ANY LOSS RELATED TO THE SERVICES CONTENT. USERS SHOULD SEEK PROFESSIONAL ADVICE FOR INFORMATION OBTAINED FROM THE SERVICES.
2.10. THIS PRODUCT IS FULLY INFORMATIVE AND GENERATED BY AI. IT IS DESIGNED TO PROVIDE GENERAL INFORMATION AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL, NUTRITIONAL, OR FITNESS ADVICE.
3. Services
3.1. The Company delivers a customized health evaluation service employing a unique algorithm. This system examines user-supplied information, including but not limited to daily routines, eating habits, health records, weight, height, and age. Following this analysis, the Company sends an AI-generated personalized health assessment to the user's email, along with carefully chosen e-books for health improvement.
3.2. To utilize our service, individuals must fill out the order form and click "Submit". Receiving an order confirmation email indicates the user has entered a binding contract with the Company, subject to these Terms and Conditions. Users seeking more order information are invited to reach out via our website's contact form.
3.3. Upon order submission, the user consents to receive the requested services within a 14-day period from the order date. Users acknowledge that after placing an order, the agreement is irrevocable except under conditions specified in these Terms and Conditions.
3.4. Should a user provide inaccurate information, they may notify the Company of corrections through the website's contact form. Service outcomes, including the Health Assessment, will be delivered to the email address specified in the order form. If requested, we can arrange physical delivery of the assessment and related certificates to the user's designated address.
3.5. By providing the necessary information and activating the "Submit" button, users agree to these Terms and Conditions and recognize that service initiation is instantaneous. Given the digital nature of the service, returns are not possible, and users forfeit the right to reject or return the service after submission. Agreeing to these terms includes a commitment to meet payment obligations for the rendered service.
3.6. Users acknowledge that all content such as text, images, logos, and software utilized in the Service is the property of the Company or third parties, excluding user-generated content.
3.7. The Company retains all rights, including intellectual property rights, to the content and materials provided through the Service. Usage of these materials beyond the scope permitted by the Terms, such as redistribution or alteration, is strictly prohibited. Accessing the Service does not confer any rights, title, or interest in these intellectual property rights to users or any third parties.
3.8. Users retain intellectual property rights to their submitted information and content ("User Content"). While the Company claims no ownership of these materials, users agree that the Company may retain and utilize this information and User Content as necessary for Service operation, in accordance with the Terms and Privacy Policy.
3.9. Users grant the Company a non-exclusive, worldwide, transferable, perpetual, and irrevocable license to use, display, and distribute their User Content in connection with the Service.
3.10. Under these Terms, the Company grants users a personal, non-commercial license to use the Service, emphasizing individual use without transfer or sublicense rights.
3.11. Users pledge to utilize the Service in a manner that respects the granted license, avoids infringing on others' rights, and does not violate any contractual or legal obligations. Additionally, users agree to comply with all applicable laws and regulations in their use of the Service, assuming full responsibility for any personal legal infractions.
3.12. Users are responsible for obtaining all required equipment and telecommunication services to access the Service, as well as covering any associated expenses, including costs for devices and internet or mobile connectivity.
3.13. The Company maintains the right to alter the website at any time without prior notice. This may result in temporary or permanent access limitations, for which the Company bears no responsibility, including for any Content or Service unavailable to users.
3.14. Users engage with the Services at their own risk. The Company is not liable for any damage, data loss, or harm, including physical injury, that may result from ordering the Service or relying on its information or advice.
3.15. While the Company is not obligated to provide customer support, it may choose to offer such assistance at its discretion.
4. Third-Party Content and User Interactions
4.1. Our Service may contain links to external websites, resources, or advertisements ("Third-Party Content") that we do not control. These are offered for your convenience only and do not imply our endorsement. We advise caution when interacting with such content, as separate terms and privacy policies may apply. Any transactions with third-party advertisers found through our website are solely between you and that third party.
4.2. Users are solely responsible for the content they provide ("User Content"). We cannot vouch for its accuracy, timeliness, appropriateness, or quality. User interactions occur at their own risk, and we bear no responsibility for any resulting losses or damages. We are not obligated to intervene in user disputes.
4.3. By using our Service, you release us, including our staff, representatives, and affiliates, from any claims, losses, damages, or legal actions (including those related to personal injury, death, or property damage) arising from your interactions with other users or Third-Party Content.
5. Service Price and Payment of Service, Right of Withdrawal
5.1. Payment Obligations
There are two possible payment scenarios:
a. Immediate Payment: If our AI system can process your request immediately, you will have the option to pay right after form submission.
b. Delayed Payment: In cases of high traffic or when immediate processing is not possible, our AI will generate your report and send it along with an invoice as soon as possible. In this case, payment must be settled within fourteen (14) days of receiving the invoice.
The amount due will reflect either the standard or discounted rate, based on payment timing, and must adhere to these Terms and Conditions.
5.2. Early Payment Discount
A reduced rate of EUR 65.00 is available for payments made at order placement (when immediate payment is possible) or within the initial ten (10) days following invoice receipt. This discount applies unless otherwise specified during the order or invoicing process.
5.3. Standard Payment
For payments made beyond the initial ten (10) days but within the fourteen (14) day payment window (from invoice date), customers will be charged the full service fee of EUR 79.00. It is the customer's duty to ensure timely payment to avoid penalties or full pricing.
5.4. Payment Method
Payments should be processed through channels designated by Vortexion Kft. Detailed payment instructions will be provided during the order process or alongside any issued invoice. All transactions must be conducted in EUR.
5.5. Debt Collection
Should payment remain unsettled for over 30 days, Vortexion Kft. reserves the right to transfer the debt to a collection agency for further action.
5.6. Right of Withdrawal
5.6.1. Due to the digital nature of Vortexion Kft.'s services, withdrawal rights cease once service delivery commences upon order placement or invoice receipt. If Vortexion Kft. determines that service will not begin immediately (e.g., due to internal AI review), customers will be informed, and withdrawal rights may apply until service initiation.
5.6.2. Consumers wishing to cancel must promptly notify Vortexion Kft., clearly expressing their cancellation intent. This can be done via the website contact form or other provided communication channels. Note that withdrawal rights expire fourteen (14) days after contract conclusion or upon service commencement.
6. User Commitments and Limitations
6.1. As a user of the Service, you affirm and guarantee that:
a. You possess the legal capacity and consent to abide by these Terms;
b. You are at least 16 years of age;
c. You will not interact with the Service through automated or non-human means, including bots, scripts, or similar methods;
d. You will not utilize the Service for any unlawful or unauthorized purposes;
e. You are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country by the U.S.;
f. You are not listed on any U.S. government roster of prohibited or restricted individuals;
g. Your use of the Service will fully comply with all relevant laws and regulations.
6.2. If you provide any information that is inaccurate, outdated, incomplete, or false, we maintain the right to restrict or deny your access to the Service, both now and in the future, either partially or completely.
6.3. The Service is to be used solely for the purposes we outline. You are not permitted to use it for any other objectives, especially commercial ones, unless we have explicitly allowed or endorsed such use.
6.4. As a user, you agree to refrain from:
a. Systematically extracting data or content from the Service to create or compile, directly or indirectly, any collection, compilation, database, or directory without our explicit written permission;
b. Using the Service in any unauthorized manner;
c. Altering, adapting, enhancing, translating, or developing derivative works from the Service without proper authorization;
d. Utilizing the Service for any commercial, profit-generating, or other purposes beyond its intended design;
e. Disseminating the Service across a network or other environment that enables multiple devices or users to access or use it simultaneously;
f. Developing, using, or distributing any product, service, or software that competes with or replaces the Service, using any proprietary information or our intellectual property;
g. Participating in unauthorized framing of, or linking to, the Service;
h. Interfering with or placing undue burden on the Service or any associated networks or services;
i. Attempting to decode, decompile, disassemble, or reverse engineer any aspect of the Service software;
j. Bypassing any measures implemented to restrict access to the Service, or any part thereof;
k. Distributing files containing malicious software such as viruses, worms, or trojans that could potentially harm another user's device;
l. Creating or disseminating automated systems (e.g., spiders, bots) that access the Service, or unauthorized scripts or software;
m. Transmitting automated queries to any website or sending unsolicited commercial emails through the Service;
n. Making negative statements about, damaging the reputation of, or in our judgment, causing harm to us and/or the Service;
o. Employing the Service in a manner that contravenes any laws or regulations;
p. Violating these Terms in any other way.
7. Additional Warranty Disclaimers
a. Comprehensive Warranty Exclusions
SUBJECT TO ANY CONFLICTING PROVISIONS IN JURISDICTIONS WHERE SUCH DISCLAIMERS MAY BE RESTRICTED, YOU ACCEPT THAT YOUR UTILIZATION OF THE SERVICE IS COMPLETELY AT YOUR OWN PERIL. THE SERVICE AND ANY ASSOCIATED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATED ENTITIES, EXECUTIVES, STAFF, REPRESENTATIVES, COLLABORATORS, AND LICENSORS EXPLICITLY RENOUNCE ALL FORMS OF WARRANTIES, WHETHER EXPLICIT OR IMPLICIT. THIS ENCOMPASSES, BUT IS NOT LIMITED TO, WARRANTIES OF MARKETABILITY, FITNESS FOR A PARTICULAR USE, AND NON-VIOLATION, AS WELL AS ANY GUARANTEES CONCERNING THE PROVISION OF GOODS OR SERVICES BY ENTERPRISES SHOWCASED ON THE SERVICE.
Specifically, the company and its associates make no assurances that:
1. The Service will satisfy your requirements,
2. The Service will operate uninterrupted, promptly, safely, or error-free,
3. The results obtained from using the Service, including any information, will be reliable or accurate,
4. The caliber of any information or service procured through the Service will align with your expectations, and
5. Any defects in the Service will be remedied.
Any material acquired or downloaded from the Service order is accessed at your own judgment and risk. You bear sole responsibility for any harm to your computer system or data loss resulting from such downloads.
No guarantee is offered that Service usage will yield particular outcomes. Moreover, you acknowledge the inherent risks of potential disruptions or technical difficulties with the Service.
b. Disclaimer Concerning Advisory Material
The content offered through our Service is designed purely for informational and recreational purposes. It should not be construed as a replacement for expert advice in any domain, including but not limited to finance, healthcare, or legal matters.
The Company expressly disavows any accountability for your dependence on information provided via the Service. We offer no assurances regarding the precision, dependability, or thoroughness of any content or counsel provided. If you encounter specific challenges or require professional guidance, we strongly recommend consulting with a qualified specialist in the relevant field.
c. Service Modifications and Updates
The Company maintains the prerogative to modify, enhance, or eliminate information on the Service at any time, without prior notice, as we deem appropriate.
8. Liability Restrictions
8.1. TO THE MAXIMUM EXTENT PERMISSIBLE, WE DISCLAIM ANY RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, INCLUDING FOREGONE PROFITS, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES STEMMING FROM YOUR SERVICE ORDER, INABILITY TO UTILIZE THE SERVICE, OR ANY THIRD-PARTY ADVERTISEMENTS, EVEN IF WE'VE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ENGAGEMENT WITH THE SERVICE, INCLUDING ITS CONTENT AND THIRD-PARTY ADVERTISEMENTS, IS AT YOUR OWN DISCRETION, AND YOU BEAR SOLE RESPONSIBILITY FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS.
8.2. NOTWITHSTANDING ANY CONFLICTING PROVISIONS, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS PERTAINING TO THE USE OF THE WEBSITE, CONTENT, SERVICE, OR PRODUCTS IS CAPPED AT THE AMOUNT YOU'VE PAID US FOR SERVICE ACCESS AND ORDERING. THESE LIMITATIONS CONSTITUTE AN ESSENTIAL COMPONENT OF OUR AGREEMENT WITH YOU.
8.3. DEPENDING ON YOUR JURISDICTION, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT BE APPLICABLE TO YOU, POTENTIALLY GRANTING YOU ADDITIONAL RIGHTS.
9. Indemnity
You pledge to defend and safeguard the Company, its successors, subsidiaries, affiliates, related entities, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives against all liabilities, expenses, and legal fees arising from any third-party claims or demands related to (i) your Service order, (ii) content you provide, or (iii) your violation of these Terms.
The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims and must not settle any matter without the Company's prior written consent. The Company will strive to notify you of any such claims, actions, or proceedings upon becoming aware of them.
10. Cross-Border Usage
The Company makes no representations regarding the Service's appropriateness, legality, or availability for use in your location. Accessing the Service from territories where it's unlawful is prohibited. You opt to access the Service voluntarily and are responsible for complying with local laws.
11. Mandatory Arbitration and Class Action Waiver
Please examine this section thoroughly to comprehend your rights. It requires arbitration for disputes with us and limits how you can seek remedies from us, specifically:
a. All disputes must be resolved through binding arbitration conducted by an impartial arbitrator.
b. You waive your right to a jury trial; rights typically available in court, such as discovery or appeal, may be more restricted or unavailable.
c. Claims must be brought individually, not as a lead plaintiff or class member in any class or representative action.
d. The arbitrator is prohibited from consolidating multiple claims or presiding over any form of representative or class proceeding.
a. Arbitration Agreement Scope
This arbitration agreement encompasses any disputes between you and the company (including our agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) relating to any aspect of your relationship with the Company, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes disputes arising before or after these Terms' termination, except for claims eligible for small claims court.
Despite the above, you retain the option to litigate other Disputes if you opt out of this arbitration and class action waiver by submitting an electronic notice of your decision via contact form within 30 days of either these Terms' effective date or the date you first ordered the Service under these Terms, whichever is later. Opting out means neither you nor the Company will be bound by this arbitration agreement for resolving Disputes. Failure to opt out is deemed a conscious and intentional waiver of your right to litigate, except for claims that can be brought in small claims court.
This Arbitration Agreement applies to all claims that arose or were asserted before the inception of these Terms or any prior versions.
The arbitrator has exclusive authority to resolve questions regarding this Arbitration Agreement's applicability, existence, validity, and termination. If a dispute involves both arbitrable and non-arbitrable issues, it's agreed that legal proceedings for non-arbitrable issues will be suspended until the arbitrable issues are resolved.
b. Initial Dispute Resolution
We prioritize resolving disputes amicably and efficiently. If you have any issues with the Company, you agree to first contact us via contact form before pursuing formal legal actions. You're required to submit a brief written description of your dispute along with your contact information. Both parties commit to engaging in good faith discussions to directly resolve any disputes, claims, questions, or disagreements. Undertaking good faith negotiations is a prerequisite for either party before initiating arbitration proceedings.
c. Arbitration for Dispute Resolution
This arbitration agreement provides that all Disputes may be resolved through BINDING ARBITRATION, except where applicable law requires or allows for court proceedings or alternative dispute resolution methods.
BY ACCEPTING THESE TERMS, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, THEREBY WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, where permitted under applicable law. Disputes will be resolved by a single arbitrator through the following arbitration body:
• For individuals residing within the European Economic Area (EEA), arbitration will take place in Hungary under the rules of the Hungarian Chamber of Commerce and Industry Arbitration Court ("MKIK"). Disputes will be governed by the most current MKIK Arbitration Rules effective at the time the arbitration notice is submitted. Further information about the MKIK's rules can be found on their website.
All arbitration procedures will comply with applicable consumer protection laws, including any rights consumers may have to accessible and affordable dispute resolution processes. If the designated arbitration administrator is unable to conduct the arbitration, both parties will cooperate to select an alternative arbitration forum. This Arbitration Agreement does not affect or limit any rights you may have to pursue claims through national consumer protection bodies or other recognized EU dispute resolution mechanisms.
d. Waiver of Class Actions and Collective Remedies
NO CLAIMS SHALL BE ARBITRATED OR LITIGATED AS CLASS ACTIONS, JOINT OR CONSOLIDATED CLAIMS, OR AS REPRESENTATIVE ACTIONS ON BEHALF OF THE PUBLIC, OTHER SERVICE USERS, OR ANY OTHER PARTIES. THE ARBITRATOR IS ONLY AUTHORIZED TO GRANT RELIEF TO THE INDIVIDUAL BRINGING THE CLAIM AND ONLY TO THE EXTENT NECESSARY TO ADDRESS THAT SPECIFIC CLAIM. THE ARBITRATOR IS BARRED FROM GRANTING RELIEF TO OR AGAINST NON-PARTIES AND FROM COMBINING MULTIPLE INDIVIDUALS' CLAIMS OR PRESIDING OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THIS EXPLICIT WAIVER OF CLASS ACTIONS AND COLLECTIVE REMEDIES IS AN ESSENTIAL COMPONENT OF THE ARBITRATION AGREEMENT AND CANNOT BE SEPARATED FROM IT.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. YOU RECOGNIZE THAT BY CONSENTING TO ARBITRATE DISPUTES, YOU ARE FORFEITING YOUR ACCESS TO OTHER METHODS OF RESOLUTION, SUCH AS COURT LITIGATION.
ADDITIONALLY, THE ARBITRATOR LACKS THE AUTHORITY TO IMPOSE PUNITIVE DAMAGES.
e. Arbitration Procedures
Overview: Arbitration is an alternative to court litigation in which an impartial arbitrator hears and decides the dispute between parties. This process aims to provide a fair hearing in a more expedient and less formal manner than traditional court proceedings. The following procedures ("Arbitration Procedures") govern all arbitrations between you and the Company.
Arbitration Location: The venue for arbitration will be based on your place of residence:
• For residents of the European Economic Area (EEA): The arbitration will take place in Budapest, Hungary, or may be conducted virtually or in a mutually agreed location if necessary for accessibility and convenience.
Language of Arbitration: All proceedings will be conducted in English.
Commencing Arbitration: To initiate the arbitration process, specific steps must be followed based on the arbitration service:
a. For LCIA arbitration, filing instructions can be found on the LCIA's website.
b. For JAMS arbitration, filing instructions are available on the JAMS website.
Legal Representation: You may choose to represent yourself in the arbitration process or appoint an attorney (or other representative) to act on your behalf. If we receive an arbitration claim from you, we retain the right to assert any counterclaims against the party who initiated the complaint.
Arbitration Expenses (Applicable to EU Consumers):
• For consumers initiating arbitration: You may be required to pay a minimal filing fee, which will not exceed the amount allowable under applicable EU consumer protection laws. If the arbitration is determined to be valid and initiated in good faith, we will bear all other reasonable expenses related to the arbitration process, including case management and arbitrator fees, except for any legal representation costs you may choose to incur independently.
• If we initiate arbitration against a consumer: We will cover all arbitration costs, excluding any legal representation costs you may choose to incur independently.
Legal Fees: Each party is accountable for their own legal expenses, unless specified otherwise by arbitration regulations or relevant laws.
Upholding the Arbitration Agreement: Should a party seek to resolve an arbitration-bound dispute in a non-arbitration setting, the court or arbitrator is empowered to levy reasonable costs, fees, and expenses, including legal fees, on the party successfully enforcing compliance with this Arbitration Agreement.
Arbitrator Appointment: The arbitrator tasked with resolving your dispute will be chosen by either LCIA or JAMS, contingent on the applicable service, in accordance with their respective protocols.
Arbitration Sessions: Arbitration proceedings, including hearings, will generally be conducted via teleconference or videoconference, utilizing written and/or electronic document submissions, except when the arbitrator, upon request from a party, deems an in-person hearing essential. If in-person hearings are necessary, they will be held at a location that is mutually agreeable, considering factors such as the parties' travel capabilities and other pertinent circumstances. Consumers are entitled to an in-person hearing within their local vicinity. Any disputes regarding location will be resolved by the arbitration administrator or the arbitrator.
Evidence Gathering: The arbitration process permits limited discovery. Parties may request relevant, non-privileged documents from each other and seek information about the other party's claims or defenses. Such requests must be submitted within 10 days of the arbitrator's appointment, with responses due within 15 days of receipt. The arbitrator will promptly address any disputes over discovery or extension requests, taking into account the case requirements and the burden of the discovery requests.
Interaction with the Arbitrator: All communications with the arbitrator must involve both parties to ensure transparency. This can be achieved through joint telephone conference calls or by copying the other party on written correspondence. Direct, one-sided communication with the arbitrator is prohibited.
Confidentiality: The arbitrator has the authority to mandate that any confidential information disclosed during the arbitration remain undisclosed outside the arbitration process. Any necessary filings containing confidential information must be submitted under seal.
Arbitration Ruling: The arbitrator is obligated to issue a written decision within 14 days following the hearing, or within 30 days after the final submissions if no hearing takes place. This decision will outline the awarded relief and the rationale behind it.
Relinquishment of Appeal Rights: By consenting to arbitration, the parties accept the arbitrator's decision as final and binding, forfeiting any right to appeal the decision in court, regardless of whether it pertains to questions of law or the merits of the case.
Consumer Recourse: Consumers maintain access to any remedies available under applicable law, except as restricted by the agreement to pursue certain claims in court rather than arbitration.
f. Divisibility of Arbitration Agreement
In the event that any portion of this Arbitration Agreement is deemed unenforceable or unlawful, that provision will be removed from the Terms, while the remainder of the Arbitration Agreement remains intact and effective. This allows any non-arbitrable claims to proceed in court, with any class, collective, consolidated, or representative claims being postponed until individual claims in arbitration are resolved. If a section of this agreement restricting an individual's right to seek public injunctive relief is found unenforceable, it will be disregarded to the extent that such relief remains pursuable outside of arbitration, with the rest of the Arbitration Agreement remaining in force.
g. Continuance
This arbitration clause will remain in effect even after the termination of these Terms, ensuring that any disputes arising from or related to the Terms are subject to arbitration as per the agreed procedures.
12. Governing Law and Jurisdiction
12.1. These Terms are governed by the laws of Hungary, excluding any principles of conflicts of law that would result in the application of laws from any other jurisdiction.
12.2. In cases where disputes are not settled through arbitration, for whatever reason, both parties agree to submit exclusively to the jurisdiction of the courts of Hungary for the resolution of any disputes arising from or related to these Terms. Consequently, any legal proceedings must be initiated within these courts.
12.3. Both parties irrevocably consent to the personal jurisdiction and venue of the courts in Hungary, waiving any objection to the appropriateness of such venue or the convenience of such forum.
12.4. Stipulations for European Union Residents:
• Safeguarding Consumer Rights: These Terms do not diminish the protections afforded to you under the mandatory laws of your country of residence.
• Grievance Resolution: If you have any complaints, we urge you to contact us via the contact form. Should you feel your concerns have not been adequately addressed, you may (but are not obligated to) use the Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/odr. Beyond the conditions stated in these Terms, Vortexion Kft. does not participate in any alternative dispute resolution procedures.
• Legal Action: You retain the right to initiate any disputes arising from these Terms in the competent court of your habitual residence, provided you reside in an EU Member State. These courts have exclusive jurisdiction to resolve such disputes. Conversely, Vortexion Kft. will direct any disputes to the competent court of your country of habitual residence.
• Applicable Law: Regardless of your place of residence, the Services, Terms, and any disputes between you and Vortexion Kft. are governed exclusively by the laws of Hungary.
13. Supplementary Provisions
13.1. Our failure to exercise or enforce any specific right or provision of these Terms upon your non-compliance or default does not constitute a waiver of our right to act regarding subsequent or similar breaches. Likewise, any waiver by us of any obligation or breach by you does not amount to a waiver of any future breach or obligation.
13.2. As per Section 12, if any part of these Terms is deemed unlawful, void, or unenforceable for any reason, that provision will be considered severable from these Terms and will not affect the validity and enforceability of the remaining provisions. The Terms will be modified to reflect the original intent of the parties as closely as possible in a lawful, enforceable manner.
13.3. These Terms constitute the complete and exclusive understanding between you and the Company regarding their subject matter, superseding all prior agreements, promises, proposals, and representations, whether written or oral, related to this subject matter.
13.4. The Company reserves the right to transfer or assign its rights and obligations under these Terms to another entity without limitation, including through novation. By agreeing to these Terms, you consent to such assignments and transfers. The introduction of a revised version of these Terms on the Services, indicating a different party, serves as sufficient notice of the transfer of the Company's rights and obligations, unless explicitly stated otherwise.
13.5. All communications made on or through the Service are considered electronic communications. By interacting with us electronically, either through the Services or other electronic means such as email, you agree to receive communications from us in the same format. Electronic notices, disclosures, agreements, and other messages we provide are deemed equivalent to written documents and carry the same legal force. By engaging with features like "SUBMIT", "CONTINUE", "REGISTER", "I AGREE", or similar, you are using your electronic signature to enter into binding agreements and acknowledging these submissions as your agreement to be bound by the Terms.
13.6. The Company is not responsible for any breaches of these Terms resulting from circumstances beyond its reasonable control. This provision exempts the Company from fulfilling its obligations when external factors prevent it from doing so.
14. Contact Information
If you have any questions about these Terms, need to send us a notice, or have inquiries regarding our Service, please use our contact form. This form is also the appropriate channel for any legal matters or general inquiries.
BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE CONDITIONS STATED HEREIN.
Vortexion Kft. (reg. nr. 07-09-035927 with registered address at 2458 Kulcs, Radicsai utca 23)
Last Updated: 26 July 2024
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