General Terms and Conditions Rider and Service

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 

E-mail: info@gomontir.com 

(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.              Introduction

 

1.1.         The Service Provider is the developer and the operator of the applications under the namesGOmontir RiderandGOmontir Servicethat are available for iOS and Android operating systems(hereinafter together as:„Application”).

 

1.2.          The Application serves as an intermediary (hereinafter referred to as:“Service”)betweenthird parties as mechanics(hereinafter as:„Mechanic”)andrepair shops(hereinafteras:„Repair Shop”)providing service assistance for motorcycles andpassengervehicles and other related servicesto those who wish to use such service (hereinafter as:„User”), as well as tohelpfindingvarious car and motorcycle service points, to book appointments and also which provides information on the services offered by the Mechanics or Repair Shops.

 

1.3.          Present GTC governs the relationship between the Service Provider and the Mechanic and the Repair Shop.

 

1.4.          The Service Provider publishes present GTC at the website (hereinafter as:„Website”) available at the domainhttps://gomontir.com.

2.              Registration, rights and obligations

2.1. Registration as a Mechanic 

 

2.1.1. To use the Service, the Mechanic may register through the Website or the Application and shall provide the following information: 

  • Username; 
  • E-mail; 
  • Phone number; 
  • Password; 
  • Invitation code (if the Mechanic registers on the basis of an invitation sent by another user) 

 

2.1.2. After providing the above data, the Service Provider will send a text message to the Mechanic to the telephone number provided during registration, in which it will send a link with which the Mechanic may confirm the registration. 

2.1.3. After confirming the registration, the Mechanic must provide the following data of the vehicle (motorcycle, car, bicycle, scooter) used to perform the services provided by him: 

  • manufacturer; 
  • model; 
  • color; 
  • type; 
  • license plate number; 
  • uploaded photo of the vehicle 

 

The scope of the above information may vary depending on the category of the vehicle. 

 

2.1.4. After providing the above data, the Mechanic must provide data on its professional qualifications, i.e., what services the Service Provider may mediate to the User. Qualification data must be provided for each vehicle category 

 

The purpose of providing data on professional qualifications is to ensure that the Service Provider connects the User only with a Mechanic who can actually provide assistance in connection with the problem indicated by the User. Due to the above, the Mechanics are kindly requested to provide only such professional qualifications in connection with which they can actually provide their services to the User. The following professional qualification categories may be selected in the Application: 

 

In connection with motorcycles: 

  • ignition; 
  • lighting; 
  • cabling; 
  • bodywork; 
  • engine; 
  • wheels; 
  • controlling system; 
  • fuel system 

 

In connection with passenger vehicles 

  • windshield; 
  • ignition; 
  • lighting; 
  • cabling; 
  • bodywork; 
  • engine; 
  • wheels; 
  • controlling system; 
  • fuel system 

 

In connection with bicycles 

  • wheels; 
  • brake; 
  • deformation; 
  • gear lever; 
  • chain; 
  • gearbox 
  • bowden; 
  • telescope 
  • frame 

 

In connection with rollers: 

  • wheels; 
  • shoot; 
  • battery; 
  • bell; 
  • lighting; 
  • brake cable; 
  • mudguard 

 

2.1.5. The Mechanic is also required to provide a period of professional experience related to the indicated qualification for each vehicle type, which may be as follows: 

  • 0-1 year 
  • 1-2 year 
  • 2-4 year 
  • more than 4 years 

 

2.2. Registration as a Mechanic 

 

2.2.1. In order to use the Service, the person registering on behalf of the Repair Shop must provide the following information when registering on the Website: 

  • Username; 
  • E-mail; 
  • Phone number; 
  • Position; 
  • Name of the Repair Shop; 
  • Description of the Repair Shop; 
  • Address of the Repair Shop; 
  • Tax number of the Repair Shop; 
  • Password; 
  • Invitation code (if the Repair Shop registers on the basis of an invitation sent by another user) 

 

The person registering on behalf of the Repair Shop may specify the following as a position: 

  • owner; 
  • managing director; 
  • shop manager; 
  • financial manager; 
  • employee; 
  • other (to be specified) 

 

2.2.2. After providing the above data, the Service Provider will send a text message to the person registering on behalf of the Repair Shop to the telephone number provided during registration, in which it will send a link with which the Repair Shop may confirm the registration.  

 

2.2.3. After all the above is done, it is necessary to top up the balance of the Repair Shop as detailed in Section 5, the Repair Shop may only use the Service after that. 

 

2.2.4. After topping up the balance, the person registering on behalf of the Repair Shop, as the administrator of the Repair Shop user account, may assign additional persons and related rights to manage the Repair Shop’s user account. 

 

2.2.5. Following the steps above, the person registering on behalf of the Workshop may provide additional information about the Repair Shop, such as: 

  • opening hours; 
  • nature of professional service; 
  • number of car slots; 
  • trailer service; 
  • indicative price list (overhead hourly rate) 

 

2.2.6. The Repair Shop shall also provide professional qualifications and experience as described in Sections 2.1.4. and 2.1.5.   

 

2.3. Common provisions, rights and obligations 

 

2.3.1. By registering, the Mechanic or the Repair Shop declares that they are sole proprietors or companies registered in Indonesia, which are not subject to bankruptcy, liquidation or other proceedings resulting in termination without legal successor and declare and warrant that they are entitled and have all authorizations and are not restricted in accepting the terms of this Agreement and in exercising their rights and performing their obligations under this Agreement. 

 

2.3.2.  By registering, the Mechanic and the Repair Shop acknowledge the terms of the Agreement as binding. 

 

2.3.3.  By registering, the Mechanic or the Repair Shop declares that the data provided by them are true and that they are able to provide the service indicated by them within the Application. 

 

2.3.4.  By registering, the Mechanic or the Repair Shop undertakes that the user account will only be used by them or, in the case of a Repair Shop, by those entitled to access under the assignment given by the account administrator and undertakes not to allow others to use their account. The Mechanic or the Repair Shop may not transfer or otherwise let the use of their user accounts to any third party. 

 

2.3.5.  By accepting the terms of this Agreement, the Mechanic and the Repair Shop acknowledge that they may only have one user account. 

 

2.3.6.  The Mechanic and the Repair Shop may only use the Application for its intended purpose. 

 

2.3.7.  The Mechanic and the Repair Shop may not use their own (or other) User’s registered account for an order that is fulfilled by them as a Mechanic or Repair Shop. 

 

2.3.9.  The Mechanic and the Repair Shop acknowledge 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. 

 

2.3.10.  The Service Provider may, at its sole discretion, organize promotions that may be redeemed for discounts related to the use of the Application. The Mechanic or the Repair Shop agrees that such discounts may only be used for their intended purpose and shall not be abused, copied, sold or transmitted in any way. The Mechanic or the Repair Shop also acknowledge that the discounts cannot be exchanged for cash and may expire on a certain day before they are used. 

 

2.3.11. By creating the user account, the Mechanic and / or the Repair Shop declares and warrants that they: 

  • hold a valid driving license and is entitled to drive a motor vehicle; 
  • have the means to repair vehicles on site; 
  • use the Service lawfully and for its intended purpose; 
  • operate in accordance with the applicable Hungarian legislation and has the necessary permits and professional qualifications to provide their services; 
  • will not use the Application to harass, annoy or cause inconvenience or generate false bookings; 

 

2.3.12. The Service Provider requests the Mechanics and Repair Shops 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. Mechanics and Repair Shops 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. Application functions and terms of use

 

3.1. Assistance service (Mechanics) 

 

3.1.1. If a User needs immediate assistance from a Mechanic in connection with his / her vehicle, he / she may indicate this need within the application for Users. The User application displays the Mechanics who can provide assistance according to the problem indicated by the User, after which the User can choose which Mechanic’s services to use. 

 

3.1.2. If the User has selected which Mechanic's service he / she wishes to use, the Application will notify the Mechanic about the User's request for assistance, as well as provide data on the problem indicated by the User and on the User's vehicle. 

 

3.1.3.  If the Mechanic accepts the order, the Application will connect him with the User. The Mechanic is obliged to indicate to the User the estimated value of the fees incurred in connection with the work, which the User may accept or reject. 

 

3.1.4.  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. The Fee detailed in Section 5 will be deducted from the Mechanic at the same time as the connection is made. 

 

3.1.5. If the Mechanic has performed the work for the User, the User pays the value of the service directly to the Mechanic. The method of payment is determined by the Mechanic, so the Service Provider does not take any responsibility for it. 

 

3.2. Service appointment service (Repair Shops) 

 

3.2.1. If the User does not need immediate assistance in connection with his / her vehicle, he / she may make an appointment in the User application to have the work carried out in the Repair Shop of his / her choice. The User application displays the Repair Shops that are able perform the given work according to the work indicated by the User to be performed, after which the User may choose which of the offered Repair Shops’ services he / she wants to use. 

 

3.2.2.  If the User has selected which Repair Shop’s services he / she intends to use, the Application will notify the Repair Shops of the User's request for an appointment, as well as provide data on the problem indicated by the User and on the User's vehicle. 

 

3.2.3. If the Repair Shop has accepted the order, the Application will connect it with the User. The Repair Shop will then indicate to the User the estimated fees for the work to be performed. The User then decides whether to accept or reject the offer. The Fee detailed in Section 5 will be deducted from the Repair Shop at the same time as the connection is made. 

 

3.2.4. If the Repair Shop has performed the work for the User, the User pays the value of 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 it 

 

3.3. Sending feedback 

 

3.3.1. After fulfillment of the works, the Mechanic or the Repair Shop may give a feedback of the User, in which case the username of the Mechanic or the Repair Shop, 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 User may also give feedback of the Mechanic or the Repair Shop through the User application. 

 

3.4. Messages 

 

3.4.1. The Service Provider may send messages to the Mechanic or the Repair Shop within the Application regarding the Application and the Service provided through it. 

 

3.4.2. The Application also provides an opportunity for the Mechanic and the Repair Shop to contact the User with whom they have been connected through the Application's messaging system. The Service Provider requests the Mechanics and the Repair Shops 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 Mechanics or Repair Shops, or Users, or damage the reputation of other Mechanics or the Repair Shops or make statements otherwise considered as immoral or unethical.  

 

3.5. Sending invitation 

 

3.5.1. The Mechanic and the Repair Shop 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 Mechanic and the Repair Shop at its sole discretion.  

 

  1. Cancellation of the services by the Mechanic and the Repair Shop  

 

4.1. In connection with the Service provided through the Application, the Users rely on the services of the Mechanic or the Repair Shop regarding their needs. The Mechanic or the Repair Shop acknowledges that the high and / or frequent cancellation rate or disregarding of the Users’ 'booking spoils the Users’ experience with the Application and may have a negative impact on the Service Provider's reputation and brand. 

 

4.2. Although the Mechanic or the Repair Shop has the right to cancel an order, the cancellation must be based on acceptable and reasonable grounds, which are indicated within the Application. The Service Provider is entitled to investigate cancellations and their reasons from time to time. A cancellation that is not based on any of the acceptable reasons or disregarding a booking (collectively: “Refusal”) will be taken into account in determining whether the Service Provider temporarily restricts access to the Application for the Mechanic or the Workshop (hereinafter referred to as: "Restriction"). 

 

4.3. The Mechanic or the Repair Shop will be Restricted for at least 30 seconds if sending 3 consecutive Refusal. The more times a Refusal occurs, the longer the Restriction will become. 

 

4.4. In connection with the Restriction, the Service Provider establishes the following rules: 

  • the Rejection counter is reset to 0 if the Mechanic or the Repair Shop does not receive an order notification within 4 hours; 
  • the Rejection counter resets to 0 after each order is completed. 
  • Ignoring an order counts as 1 Refusal. 
  • in connection with the Restriction the Service Provider will not take into account the Refusal only if it is within the scope of acceptable reasons  
  • The cancellation by the User will not be taken into account for the Restriction, however, the cancellation due to the User's request for cancellation by the Mechanic or the Repair Shop will be taken into account for the purposes of the Refusal. 
  • Cancellations on the way or during the execution of the order will not be considered for Refusal 

 

4.5. The Service Provider reserves the right to modify the rules of this chapter at its sole discretion. 

 

5. Application functions and terms of use

 

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 Mechanic and the Repair Shop therefore the Mechanic and the Repair Shop may decide whether or not to continue using the Application. Notwithstanding the foregoing, it is the sole responsibility of the Mechanic and the Repair Shop 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 is entitled to a fee (hereinafter: “Fee”) for the mediation of the services of the Mechanics and the Workshops for the Users, that is HUF 200 + VAT, in words two hundred forints + value added tax per connection. 

 

5.3. The Mechanic and the Workshop may fulfill their obligation to pay the Fee by purchasing so-called “GOM”s within the Application by topping up their balance (hereinafter: “Balance”). The value of a GOM is equal to the Fee. The minimum top-up for the Balance is an amount equal to 10 GOMs. If the Application connects the Mechanic or the Repair Shop with a User and the Mechanic or the Repair Shop undertakes to carry out the work, the Service Provider deducts 1 GOM from the Balance of the Mechanic or the Repair Shop. 

  

5.4. If the Balance of the Mechanic or the Repair Shop falls below 10 GOMs, the functions of the Application will be limited and until the Mechanic or the Repair Shop tops up the Balance to at least the minimum amount and until it happens the Service Provider will not connect them with Users. 

 

5.5. The Fee will be deducted from the Balance of the Mechanic or the Repair Shop at the moment of connection. If, after the connection, the User rejects the offer of the Mechanic or the Repair Shop or the service of the Mechanic or the Repair Shop is not used by the User after the connection, for example because it has been cancelled by the Mechanic or the Repair Shop or the User, there is no possibility to refund the Fee. 

 

5.4. The Mechanic and the Repair Shop may top-up the Balance via the OTP Simple payment processing system by credit card payment or bank transfer. After topping up the Balance, after the topped-up amount has been credited on the Service Provider's bank account, the Service Provider will issue an invoice, and which is sent electronically to the Mechanic or the Repair Shop to the e-mail address provided at registration. By accepting the terms of present Agreement, the Mechanic and the Repair Shop in accordance with Article 175 Section (3) point b) of Act CXXVII of 2017 on value added tax give their consent to the Service Provider to issue the invoice electronically. 

 

 

5.5.  The Balance may not be exchanged for cash, nor may it be reclaimed, sold, exchanged or otherwise transferred in any case. GOMs are in no way to be considered as cash or a cash substitute currency. The Service Provider is not obliged to pay interest on the Balance. 

 

5.6. The Application does not process payments between the Mechanic or the Repair Shop and the User, payment is possible in a way applied and accepted by the Mechanic or the Repair Shop, so the Service Provider is not responsible for its settlement. 

 

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: 

  • server error; 
  • failure of the User's hardware; 
  • Internet connection failure / unavailability 
  • any other technical fault not attributable to the Service Provider; or 
  • force majeure 

 

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 Mechanic and the Repair Shop 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 Mechanic and the Repair Shop 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 Mechanic’s and the Repair Shop'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 Mechanic and the Repair Shop. 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 the User 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 Mechanic and the Repair Shop, therefore the Service Provider is not liable in any way for the damage suffered by the Mechanic and the Repair Shop as a result of the use of the Application.    

 

7. Confidentiality 

 

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. 

 

8.2. Further information on processing of personal data by the Service Provider's may be found in the Service Provider's Privacy Policy, which is available at: https://gomontir.com 

 

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 Mechanic and the Repair Shop. 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 Mechanic and the Repair Shop 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 proprietary rights elated to the Copyrighted Works are non-transferable, so the Mechanic and the Repair Shop 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 Mechanic and the Repair Shop a limited right of use for the territory of Indonesia and for the duration of this Agreement. Based on the right of use, the Mechanic and the Repair Shop becomes entitled to use the Copyrighted Works. The Mechanic and the Repair Shop are entitled to use the Copyrighted Works only for their own purposes, in accordance with its intended purpose.  

 

9.4. The Mechanic and the Repair Shop 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 Mechanic and the Repair Shop are not entitled to disassemble, decompile, construct, analyze or otherwise examine the Copyrighted Works. The Mechanic and the Repair Shop 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 Mechanic and the Repair Shop must do everything possible to prevent the previous prohibited operations from being carried out by third parties. 

 

9.5. Any remuneration payable by the Mechanic and the Repair Shop 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 Mechanic and the Repair Shop with regard to the data produced, registered and transmitted by them with the help of the Copyrighted Works. The Mechanic and the Repair Shop are 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 Mechanic and the Repair Shop. If a third party raise any claim against the Mechanic and the Repair Shop in connection with the Copyrighted Works, the Service Provider shall indemnify the Mechanic and the Repair Shop from all possible claims made by these third parties against them for the use or utilization of the Copyrighted Works, because their rights related to the Copyrighted Works has been violated by the Mechanic and the Repair Shop, and the Mechanic and the Repair Shop 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 Mechanic or the Repair Shop carries out the prohibited activities or behaviors detailed in Section 9.4. then the Mechanic or the Repair Shop shall pay at the first request of the Service Provider HUF 30,000,000 as default penalty. 

 

9.9. The Mechanic and the Repair Shop are obliged to notify the Service Provider immediately if they become 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. Anti-corruption clauses  

 

10.1. The Parties warrant that in connection with these GTC: (i) no funds have been or will be used to finance illegal contributions, gifts, representation or other expenses related to political activities; (ii) have not made and will not make any unlawful payments, whether direct or indirect, to any foreign or domestic government official or government employee. 

 

10.2. With respect to all activities covered by present GTC, neither party, nor any of their subsidiaries, or their directors, employees or agents, will, directly or indirectly, pay, offer or promise any payment in cash or anything of value, or permit such payment to (i) any government official, or to any person at the request or with the consent of a government official, while knowing or having suspicion to believe that the purpose is (a) influencing its decision, including failure to perform an official function, in order to assist either party or any other person in acquiring or retaining a business or directing a business to a third party; (b) obtaining an unlawful advantage; (c) persuading such government official(s) to use its/their influence to influence any act or decision of a government agency in order to assist either party or any other person in acquiring or maintaining a business or directing a business to a third party; or (d) to provide unlawful personal gain or benefit, whether in cash or in kind, to such government official(s); or (ii) to any person, whether a government official or not, in order to induce that person to perform a function or activity improperly in order to reward that person for such improper performance or while knowing or having a suspicion to assume that acceptance by that person would constitute a defective performance. 

 

10.3. For the purposes of present GTC, “government official” means any natural person who (i) holds an office or employed in a government office, government-controlled company or political party, or is a person nominated for a political office, (ii) performs any legislative, administrative or judicial function (whether appointed or elected in a country or territory; or in any part of a country or territory; (iii) holds a royal family, official, protocol or other position in the government or any of its offices (iv) is an official or employee of a supranational organization (eg the World Bank, the United Nations, the International Monetary Fund, the Organization for Economic Co-operation and Development). 

 

10.4. In the course of performance of their obligations under present GTC, neither Party or their managers, employees, agents and other representatives acting on their behalf may engage in any activity that would violate any anti-corruption regulations or administrative provisions in force applicable for either party or any such laws or regulations that would cause a violation by the other party. 

 

10.5. The Parties undertake to notify the other Party immediately in writing of any possible conflicts of interest when making an offer, accepting present GTC or concluding an Individual Order, or at any time in the future. A conflict of interest shall be deemed to exist where there is a direct or indirect financial, social or family relationship between one of the parties, one of its representatives, any direct or indirect shareholder / member and / or partner of the party, and the other party or its representative, or between any family member or friend of a representative of the other party. 

 

11. Effective date and termination of the GTC  

 

11.1. These GTC shall enter into force upon its publication. The legal relationship under present GTC is established by the Mechanic's and Repair Shop’s acceptance and is concluded for an indefinite period of time. 

 

11.2. 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 Mechanic or the Repair Shop if they cancel their 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 Mechanic or the Repair Shop seriously violates the provisions of this Agreement or abuses the use of the Application, 

 

11.3. The Mechanic and the Repair Shop acknowledges that if the Balance is positive on the day of cancellation of the registration, they will not be entitled to a refund due to the termination. 

 

11.4. 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.   

 

12. Contact 

 

12.1. 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 Mechanic and the Repair Shop 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 

E-mail: support@gomontir.com 

 

12.2.  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. 

 

12.3. 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. 

 

13. Miscellaneous provisions 

 

13.1. 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. 

 

13.2. Present GTC and its attachments constitutes the entire agreement of the parties on the subject matter of present Agreement and it supersedes any former representation, conciliation agreements etc. regarding the subject of present Agreement. 

 

13.3. Present GTC shall not be construed in any way as establishing a joint venture, partnership or mutual agency relationship between the parties. The Mechanic or the Repair Shop 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 Mechanic or the Repair Shop. 

 

13.4. 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 Mechanic and the Repair Shop, the Mechanic and the Repair Shop 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 Mechanic and the Repair Shop 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. 

 

13.5. 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. 

 

13.6. 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 Mechanic or the Repair Shop. With respect to the latter the Mechanic and the Repair Shop r will not be notified separately. 

 

13.7. he 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. 

 

13.8. 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.