Last modified: 19th January 2021.
The purpose of present General Terms and Conditions (hereinafter as: „Agreement” or “GTC”) is to govern the rules of the legal relationship between
Company name: HalloService Korlátolt Felelősségű Társaság
Registered seat: 4025 Debrecen, Simonffy utca 4-6., I. em. 123., Hungary
Company registration number: 09-09-029559
Tax number: 26236423-2-09
Registered by: Metropolitan Court of Debrecen as Company Registrar
Represented by: Zsolt Ficsor managing director individually
(hereinafter as: “Service Provider”)
and the users of the service provided by it under the terms of present GTC as described in detail below.
1.1. The Service Provider is the developer and the operator of the application under the name GOmontir that is available for iOS and Android operating systems (hereinafter as: „Application”).
1.2. The Application serves as an intermediary (hereinafter referred to as: “Service”) for persons (hereinafter referred to as: “User”) who, require professional assistance in connection with their vehicle from mechanics (hereinafter referred to as: “Mechanic”) or from repair shops (hereinafter referred to as: “Repair Shop”).
1.3. Present GTC governs the relationship between the Service Provider and the User.
1.4. The Service Provider publishes present GTC at the website (hereinafter as: „Website”) available at the domain https://gomontir.com.
2. Registration, rights and obligations
2.1. The use of the Service is subject to registration, for which the User must provide the following data in order to register through the Application:
· User name;
· Phone number;
· Invitation code (if the User registers on the basis of an invitation sent by another user)
2.2. After providing the above data, the Service Provider will send a text message to the User to the telephone number provided during registration, in which it will send a link with which the User may confirm the registration.
2.3. After confirming the registration, in order to use the Service, the User must provide the following data of the vehicle (motorcycle, car, bicycle, scooter) used by him / her:
· license plate number;
2.4. By registering, the User declares that he / she is a natural person having full legal capacity acquired by reaching the age of 18 or has acquired it by marriage, and whose legal capacity is not limited to the exercise of rights and obligations under this Agreement. If the Service Provider becomes aware of the untruthfulness of the above, it is entitled to exclude the User from the use of the Application.
2.5. If the User registers on behalf of a legal entity, by registration he / she declares that he / she is entitled to register on behalf of the legal entity and to make legal declarations, and to exercise rights and obligations.
2.6. By registering, the Users acknowledge the terms of the Agreement as binding.
2.7. By registering, the User declares that the data provided by him / her is true, and that he / she is able to fulfill his / her obligations related to the Service used through the Application.
2.8. By registering, the User agrees that the user account shall only be used by him / her and undertakes not to allow others to use his / her account. The User may not transfer to any third party or otherwise let his / her user account to be used by third parties. It is the User's responsibility to keep the password associated with the user account safe. In the event that the User's password is revealed in any way that causes any illegal or unauthorized use of his / her account or identity, orders resulting from illegal or unauthorized use will continue to be considered valid orders, unless the User notifies the Service Provider otherwise the Mechanic or the Repair Shop will perform the requested services.
2.9. By accepting the terms of this Agreement, the User acknowledges that he / she may only have one user account.
2.10. The User may only use the Application for its intended purpose.
2.11. Any information displayed in the Application does not constitute professional advice or an offer, the User is free to choose which Mechanic or Repair Shop to use, the decision is entirely up to the User.
2.12. The User may not use his / her own account to use the services of the Mechanics or Repair Shops on behalf of a third party, i.e. he / she may only use it for his / her own benefit.
2.13. The User acknowledges that by providing information to the Service Provider, he / she grants the Service Provider permission to use it, i.e. to share it with other Users, the Mechanics or Repair Shops.
2.14. The Service Provider may, at its sole discretion, organize promotions that can be redeemed for discounts related to the use of the Application. The User agrees that such discounts may only be used for their intended purpose and may not be abused, copied, sold or transmitted in any way. The User also acknowledges that the discounts cannot be exchanged for cash and may expire on a certain day before they are used.
2.15. The Service Provider, the Mechanics and the Repair Shops reserve the right to refuse to provide their services to the User if there are reasonable grounds to believe that its performance would result in a breach of this Agreement or the general terms and conditions prevailing for the Mechanics and Repair Shops or any legal provisions.
2.16. The Service Provider requests the Users to notice the Service Provider when they no longer have control over their account, for example, if their account has been hacked in any way or their phone or other device has been stolen in order to make it possible to delete or suspend their account before any consequences occur. Users are reminded that they are responsible for the use of their account and may be held liable even if it is misused by another person.
3.1. Assistance service
3.1.1. Shall the User need immediate assistance from a Mechanic in connection with his / her vehicle, he / she may indicate this within the Application. The User must select the vehicle registered in the Application, as well as the default for which he / she seeks the assistance of a Mechanic.
3.1.2. The User must indicate the error for which assistance is required, which may be the following, depending on the type of vehicle:
In connection with motorcycles:
In connection with passenger vehicles
· controlling system;
· fuel system
In connection with bicycles
· gear lever;
In connection with rollers:
· brake cable;
3.1.3. The User shall also upload a photo of his / her vehicle, which, if possible and, if the default is visible or known to the User, also includes the default. In addition, the User may leave a brief comment to the Mechanic.
3.1.3. After providing the error, the Application displays the Mechanics who are able to provide assistance according to the indicated problem, after which the User may choose which Mechanic’s services, he / she intends to use.
3.1.4. If the User has selected which Mechanic's service, he / she intends to use, the Application will indicate to the Mechanic the User's request for assistance and will provide the problem indicated by the User and the data concerning the User's vehicle.
3.1.5. If the Mechanic accepts the order, the Application connects the User with the Mechanic. The Mechanic indicates to the User the estimated value of the fees incurred in connection with the work, which the User may accept or reject.
3.1.6. If the User accepts the Mechanic's offer, the Application will send the Mechanic the exact location data of the User, based on which the Mechanic may find the User, at the same time the Application will send the User the data about the Mechanic's vehicle and the Mechanic's location data so that the User may also track the Mechanic.
3.1.7. If the Mechanic has performed its service for the User, the User pays the value of his service directly for the Mechanic. The method of payment is determined by the Mechanic, so the Service Provider does not take any responsibility for it.
3.2. Repair Shop appointment service
3.2.1. If the User does not need immediate assistance in connection with his / her vehicle, he / she may make an appointment within the Application to carry out the requested work in the Repair Shop of his / her choice. In this case, the User must indicate which, in connection with which of his / her vehicle registered in the Application he / she would like to make the appointment and wish to use the services of the Repair Shop and shall indicate the problem in accordance with Section 3.1.2.
3.2.2. Following the above, the User must select the date and time of the appointment to be booked. The User may indicate the exact time in half-hour intervals.
3.2.3. The Application displays the Repair Shops that are able to perform the given work in accordance with the work indicated by the User to be performed, or the User may also search for a Repair Shop on the displayed map and may also indicate if he / she wants the works to be performed by a brand service. If the User does not provide the name of the Repair Shop. the User may choose the services of a Repair Shop he / she intends to use from the ones offered by the Applications.
3.2.4. The Application may display the fees applied by the Repair Shops, but they are for information only, the final fee for the work may depend on the time actually spent on the work and, as the fee for any parts used may not be indicated, the price of the parts used.
3.2.5. If the User has selected which Repair Shop’s services, he / she intends to use, the Application will indicate the User's request to the Repair Shop for an appointment, as well as provide data on the problem indicated by the User and on the User's vehicle.
3.2.6. If the Repair Shop has accepted the order, the Application will connect the Repair Shop with the User. The Repair Shop will then indicate to the User the estimated fees for the work to be performed. The User may then decide whether to accept or reject the offer.
3.2.7. If the User accepts the offer and the Repair Shop has performed the work for the User, the User pays the consideration for the service directly to the Repair Shop. The method of payment is determined by the Repair Shop, so the Service Provider does not take any responsibility for this.
3.3. Sending feedback
3.3.1. After fulfillment of the works by the Mechanic or the Repair Shop, the User may give a feedback of the Mechanic or the Repair Shop, in which case the username of, the fee of the work, the date, condition and cause of the error, and the assessment ranging on a scale from 1-5 stars will be indicated.
3.3.2. The Mechanic or the Repair Shop will also give a feedback of the User.
3.4.1. The Service Provider may send messages to the User within the Application regarding the Application and the Service provided through it.
3.4.2. The Application also provides an opportunity for the User to contact the Mechanic or the Repair Shop with whom he / she has been connected through the Application's messaging system. The Service Provider requests the Users to use the messaging only in connection with the Service provided through the Application and not to make statements that violate the honor of other Users or damage the reputation of the Mechanic or the Repair Shop or make statements otherwise considered as immoral or unethical.
3.5. Sending invitation
3.5.1. The User may send an invitation to third parties through the Application to invite them for its use. After the invitations, the Service Provider may provide discounts to the User at its sole discretion.
4.1. The User is entitled to cancel his / her request for the assistance service before the commencement of the work to be performed by the Mechanic, as well as the time booked in the Repair Shop before the start of the work. The Service Provider requests the User not to exercise its right of cancellation respecting the Mechanics’ or the Repair Shops’ work and their schedule and to not abuse this right.
5. Fee, payment terms
5.1. Downloading and using the Application is free of charge, however, the Service Provider reserves the right to make the downloading or use of it to be subject of the payment of a fee. If the Service Provider decides so, it will always inform the User therefore the User may decide whether or not to continue using the Application. Notwithstanding the foregoing, it is the sole responsibility of the User to pay for the internet connection required to use the Application and any related fees (e.g., mobile data traffic costs) and the fees arising from the use of the Service.
5.2. The Service Provider provides the Service available through the Application to the User free of charge.
5.3. The Application does not process payments between the User and the Mechanic or the Repair Shop, payments are possible in the manner applied by the Mechanic or the Repair Shop, so the Service Provider is not responsible for its settlement.
5.4. The User is obliged to pay the Mechanic or the Repair Shop the fees related to the work performed by them.
6. Liability and limitation of liability
6.1. The Service Provider is not responsible for the unavailability of the Application or the Service available through it if it is caused by:
6.2. The Services Provider uses appropriate and reasonable technical and security measures to maintain the security of the Application and in order to protect it from viruses, trojans or similar threats and to ensure its proper functioning. However no matter how advanced the technology is, no security system is impermeable. The Service Provider draws the attention of the User that it will use its best efforts to protect its system with the latest technical tools (both physical and software), but cannot technically guarantee that malicious third parties will not trace information provided by the User within the Application, while being forwarded to Service Provider.
6.3. Operation of the Application and the Service available through it may be subject to restrictions and other problems as a result of the use of the internet, the User's internal network or other internal networks and electronic communications solutions, including defective, unconnected, or out of range, disabled, or inoperative devices used by the User. The Service Provider shall not be liable for any delay, error, damage or loss resulting from such problems.
6.4. For the purposes of this Agreement, force majeure is any extraordinary event that is beyond the control of the parties that occurs after accepting present GTC and which makes it impossible or delay the fulfillment of their obligations and which the parties could not have foreseen or prevented at the time of concluding the Agreement or before that, and which cannot be traced back to the conduct or omission of the contracting parties. The following, in particular, but not limited to, shall be considered as force majeure:
· natural disasters (e.g., floods, earthquakes, storms);
· fire, explosion, mass illness (epidemic);
· government action;
· war, acts of war (whether or not there is a state of war);
· revolution, insurrection, riots, civil war, or acts of terrorism;
· general nationwide strike;
· epidemiological measures, in particular curfew restrictions, prohibitions and mandatory home office for employees ordered by any party, or any action taken by the parties in accordance with the proposals made by epidemiological experts to reduce personal contacts (suspension of tasks requiring personal presence).
6.5. It does not constitute a breach of contract if the contractual performance of the obligations is prevented or limited by force majeure.
6.6. Following the end of a force majeure event, the party in default shall resume performance as soon as possible in order to prevent further delay.
6.7. Due to the fact that the Service is only used to connect and contact the Users and the Mechanics or Repair Shops, the Service Provider is not responsible for any conduct of the Mechanic or the Repair Shop, or for the services and its quality provided to the Users by them, or for any possible damage to the User caused by them.
6.8. In view of the provisions of Section 6.7. above, the Service Provider shall not be liable for any conduct of the User, nor for any damage caused by him / her to the Mechanic or the Repair Shop.
6.9. The Service Provider is also not responsible for the pricing of the services provided by the Mechanic or the Repair Shop, if any service fee is indicated within the Application, it is only for information purposes, the Service Provider is not responsible for its accuracy.
6.10. The Service Provider does not take part in the settlement of any dispute that may arise between the User and the Mechanic or the Repair Shop, its settlement is the sole responsibility of the latter.
6.11. The use of the Service available through the Application is the sole decision of the User, therefore the Service Provider is not liable in any way for the damage suffered by the User as a result of the use of the Application.
7.1. Any facts, information, other data, and any other information related to the operation and activities of the other party, or any fact, information, other data or collection made from the latter which is related to the software development activity and the obtaining, utilization of which or its disclosure to others would be detrimental to or would jeopardize the legitimate economic, financial, market or security interests of the parties got known by the parties during the fulfillment of the GTC constitutes a business secret of the parties. In this regard, business secrets include, but are not limited to: a) know-how, b) information about the parties’ employees, subcontractors, partners, suppliers x) software source code, d) information regarding the parties' financial and other business operations and transactions
7.2. The parties shall be bound to use and process the secrets to which they are aware in accordance with the applicable legislation and the provisions of this Agreement. The parties affirm that, in the context of their duty of confidentiality, they shall not unfairly use, disclose, transfer, make available or publish information to any unauthorized person.
7.3. The parties shall keep the information disclosed to them during the performance of this Agreement confidential for an unlimited period of time and shall not disclose it to any third party without the prior written consent of the other party.
7.4. The obligation of confidentiality shall continue to apply indefinitely after the termination of this Agreement for any reason and shall remain fully effective.
7.5. An exception to this requirement is the disclosure of any of the above details by the party in order to meet its statutory obligation. The parties further undertake to inform each other promptly of any disclosure of aforementioned information to a court or authority upon a lawful request by a court or other authority acting within its jurisdiction.
7.6. Confidentiality shall not limit the right of the parties to inform their professional legal adviser and accountant of this Agreement and its contents given that it extends the obligation of confidentiality to such persons. The parties agree that they shall be responsible for the privacy and confidentiality of their professional legal counsel and accountant as their own.
7.7. By signing this Agreement the parties furthermore confirm that they consider the provisions of Section 4 of Act LVII of 1996 on the Prohibition of Unfair Market Practices and the Restriction of Competition as binding and that they are aware of the provisions of Section 1 Subsection (1) of Act LIV of 2018 on the protection of business secrets (hereinafter as: “Act on Secrets”), and they are familiar with the provisions of Act CXII of 2011 on Informational Self-Determination and Freedom of Information and the Act on Secrets regarding business secrecy and sanctions applicable to its breach. The parties further declare that they are aware of the provisions regarding violation of business secrets of Act C of 2012 on the Criminal Code and the Act on Secrets.
8. Data protection and privacy
8.1. The legal ground for the processing of personal data related to this Agreement is the conclusion and the fulfillment of this Agreement, as well as keeping contact for the implementation of the cooperation or for example in case of invoicing compliance with the legal provisions. The parties are considered to be data processors in respect of personal data relating to them and sent to the other party for a specific purpose (especially the fulfillment of this Agreement and to keep contact) and in the course of their data processing activities, other data processors are not used in accordance with the applicable data protection legislation. The parties undertake to process the personal data become known to them in respect of the other party in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter as: “GDPR”) and Act CXII of 2011 on information self-determination and freedom of information (“Infoact”) and other laws on data protection and confidentiality and neither during the existence of this Agreement nor thereafter shall they use the data for other purposes then in connection with the relationship established by this Agreement without the permission of the other party and they shall not use the data for their own use or for other third parties’ purposes or make them accessible to third parties.
8.3. Within the scope of their activity the parties are obliged to ensure the security of the data, and to take the technical and organizational measures necessary to enforce GDPR and Infoact and other laws on data and confidentiality. The parties undertake to protect the personal data provided by the other party by appropriate measures, in particular against unauthorized access, alteration, transmission, disclosure, deletion or destruction, and against accidental destruction and damage.
8.4. The Service Provider is obliged to pay special attention to the protection of personal data obtained during the performance of the Service from unauthorized access, deletion, destruction, damage, etc.
8.5. During the performance of this Agreement, the Service Provider may access to personal data stored within the Application, and the Service Provider may also become aware of personal data in connection with the provision of the Service. In addition to their storage the Service Provider may not perform any processing on personal data and shall not modify, transmit or delete the data it received without the express written consent of the User. During the provision of the Service, the Service Provider is also obliged to ensure that the personal data it becomes aware of is protected against unauthorized access, alteration, transmission, disclosure, deletion or destruction, as well as accidental destruction and damage. The Service Provider is obliged to notify the User immediately if it detects any of the above events.
9. Provisions on intellectual property
9.1. The Application and its graphical solutions are copyrighted works (hereinafter as: „Copyrighted Work”) and such falls under the scope of Act LXXVI of 1999 on Copyright. (hereinafter: “Copyright Act”) and thus are protected by copyright. The Copyrighted Works are developed by third parties based on the original idea of the Service Provider and thus, as the author, the personal and proprietary rights related to the Copyrighted Works also belong to the Service Provider without restriction.
9.2. Under Article 9 Section (2) and (3) of the Copyright Act the personal and proprietory rights elated to the Copyrighted Works are non-transferable, so the User does not and cannot acquire ownership of the Copyrighted Works under this Agreement.
9.3. Pursuant to this Agreement, the Service Provider, exercising its proprietary rights related to the Copyrighted Works, grants the User a limited right of use for the territory of Hungary and for the duration of this Agreement. Based on the right of use, the User becomes entitled to use the Copyrighted Works. The User is entitled to use the Copyrighted Works only for his / her own purpose, in accordance with its intended purpose.
9.4. The User may not transfer or make available, transmit, duplicate or distribute, sub-let, rework or alter, modify or publish the Copyrighted Works and related documentation in any way. Furthermore, the User is not entitled to disassemble, decompile, construct, analyze or otherwise examine the Copyrighted Works. The User may not decipher the program source code of the Copyrighted Works and may not search for source code, object code or basic structures or algorithms. The User must do everything possible to prevent the previous prohibited operations from being carried out by third parties.
9.5. Any remuneration payable by the User under this Agreement includes or serves as consideration for the right of use.
9.6. The provisions of this Agreement on copyright do not affect the rights of the User with regard to the data produced, registered and transmitted by him / her with the help of the Copyrighted Works. The User is entitled to this data and the Service Provider is not entitled to have the data or to use them in any way.
9.7. The Service Provider warrants that no third party has any rights regarding the Copyrighted Works that would prevent or restrict the use or utilization of the software by the User. If a third party raise any claim against the User in connection with the Copyrighted Works, the Service Provider shall indemnify the User from all possible claims made by these third parties against the User for the use or utilization of the Copyrighted Works, because their rights related to the Copyrighted Works has been violated by the User, and the User shall be reimbursed for all resulting or related damages.
9.8. Violation of the provisions of this chapter is considered a serious breach of contract, in respect of which the Service Provider is entitled to terminate the Agreement with immediate effect. If the User carries out the prohibited activities or behaviors detailed in Section 9.4. then the User shall pay at the first request of the Service Provider HUF 30,000,000 as default penalty.
9.9. The User is obliged to notify the Service Provider immediately if he / she becomes aware of a violation of the provisions of this chapter by a third party(ies). Failure to notify also constitutes a serious breach of contract, which may result in the immediate termination of the Agreement.
10. Effective date and termination of the GTC
10.1. These GTC shall enter into force upon its publication. The legal relationship under present GTC is established by the User's acceptance and is concluded for an indefinite period of time.
10.2. Either party is entitled to terminate the legal relationship established in accordance with present GTC with immediate effect by a unilateral notice addressed to the other party without justification and notice period. It is considered such a unilateral statement on behalf of the User if he / she cancels his / her registration in connection with the Application. The Service Provider is obliged to justify the termination of the Agreement. The Service Provider has the right of termination, especially in the event that the User seriously violates the provisions of this Agreement or abuses the use of the Application,
10.3. The provisions of Sections 7., 8., 9. and 10 of present GTC shall remain in force for an indefinite period of time even in the event of termination of present GTC for any reason.
11.1. Unless expressly provided otherwise in this Agreement, formal and primary written communication between the parties shall be by e-mail communication. For the purposes of present GTC, any communication by facsimile shall not be deemed to be a written communication. The Service Provider keeps contact with the User at the e-mail address provided during registration.
Name and contact details of the person appointed by the Service Provider to keep contact:
Name: Zsofia Zsilka
11.2. The notification shall be deemed to have been delivered
· by handover in case of personal service;
· two day after sending in the case of e-mail;
· two days after dispatch in the case of mail with a registered return receipt,
· if a notice is delivered on business days beyond 9 a.m. to 4 p.m. Central European Time, the notice shall be deemed to have been delivered on the next business day.
11.3. The parties are obliged to notify each other in writing immediately of any changes in their contact details. The defaulting party shall be liable for damages resulting from failure to notify.
12. Miscellaneous provisions
12.1. The fact that any provision of the present GTC is deemed invalid or is likely to become invalid in the future does not affect their validity as a whole. The remaining parts shall be construed and enforced without regard to partial invalidity. In such a case, the parties shall enter into negotiations in good faith in order to replace the provision with a provision closest to the economic concept of both parties. The same procedure must be followed in the event present GTC does not regulate an issue.
12.2. Present GTC and its attachments constitutes the entire agreement of the parties ont he subject matter of present Agreement and it supersedes any former representation, conciliation agreements etc. regarding the subject of present Agreement.
12.3. Present GTC shall not be construed in any way as establishing a joint venture, partnership or mutual agency relationship between the parties. The User does not enter into any oral or written agreement on behalf of the Service Provider or otherwise oblige the Service Provider without the prior written approval of the Service Provider. Similarly, the Service Provider may not make any statement or commitment on behalf of the User.
12.4. The Service Provider reserves the right to supplement or amend present GTC for the purpose of developing, improving or adapting its Service to the relevant legislation or for any other purpose. Service Provider informs the user about the modification before it enters into force. If the modification is detrimental to the User, the User is entitled to terminate the GTC, no later than within five working days from the notification. The termination shall take effect on the date on which the amendments enter into force. If the User participates continues to use the Application after the above deadline, the Service Provider shall interpret it as acceptance of the amendment. Amendments are never retroactive.
12.5. If the Service Provider does not exercise or only partially exercises any of its rights under this Agreement, it does not mean that it has waived the exercising of such right.
12.6. This Agreement does not apply any provision that differs materially from the law or regular contractual practice, nor any provision that differs from any condition previously applied between Service Provider and the User. With respect to the latter the User will not be notified separately.
12.7. The Service Provider is also entitled to suspend or terminate the provision of its Service under present GTC at any time in its sole discretion. The Service Provider shall not be liable for any consequences arising from the suspension or termination. The Service Provider shall not be obliged to provide the Service under this Agreement.
12.8. In the event of their disputes arising from this Agreement, the parties shall try to resolve the problems arising primarily by negotiation. If no agreement is reached within a reasonable time to resolve the dispute arising from this Agreement, the parties set out the jurisdiction of the courts of Hungary and agree to resolve any disputes arising out of, or in connection with the breach, termination, validity or interpretation of this Agreement, depending on the value of the dispute before the court having competence specified by Act CXXX of 2016 on Civil Litigation Procedures.