for Frequent Buyers of the Inlernet Frequent Buyer Community Jump to Annex 1., 2., 3., 4.
Inlernet Worldwide AG (hereinafter: “Inlernet”) operates an International Frequent Buyer Community (hereinafter: “Inlernet System”), wherein frequent buyers (hereinafter: “Frequent Buyers”) may earn economic leverages in the form commissions, purchase vouchers, and other discounts through their in-system purchases and as a result of such purchases as well as their active efforts to extend the frequent buyer community, and they may help their partners in obtaining similar economic leverages.
Goods and services may purchased by cash, banking card, via bank transfer, or by using purchase vouchers providing rebates or purchase vouchers; these vouchers can be either paper-based or online, that is, Internet-based, and are issued, within the framework of data management, by Inlernet, or by its Product Partners (hereinafter: “Product Partners”) connected to its System that perform the selling of products or the provision of services. Present General Terms of Contract contains the partial rules as well as terms and conditions (rights and obligations), which serve as the basis for cooperation between Frequent Buyer and Inlernet during the use of the Inlernet System.
Prior to registering with the System, please peruse and interpret the present GTC, download it to your computer and preserve it!
1. Subject of Contractual Relationship
1.1. On the basis of the provisions as well as terms and conditions set forth herein, Frequent Buyer is entitled to participate in the International Frequent Buyer Community operated by Inlernet (Inlernet System), that is, procuring goods and services from Inlernet Product Partners using the above mentioned payment methods, as well as introducing the Inlernet System to other potential future Frequent Buyers, assisting such persons in joining the System, thereby promoting and extending the Inlernet System. Frequent Buyer is obliged to exercise and perform her/his rights and obligations set forth in the Contract for Frequent Buyers as well as herein in accordance with the provisions of the contract and with due diligence; besides these, Frequent Buyer is also obliged to act in good faith in relation to third parties during the use of the Inlernet System.
1.2. The scope of present General Terms of Contract does not include the legal relationship between Inlernet and Product Partners, which is contained in, and governed by, a separate contract.
2. Contracting Parties
2.1. Inlernet and Frequent Buyer, as parties hereto, are legally and financially independent and separate market entities.
2.2. During the interpretation of present GTC, the denomination “Inlernet” shall be understood to include not only Inlernet Worldwide AG, which established the Inlernet System, but all enterprises within the Inlernet Corporate Group that are, on the basis of an existing contract of services, agency agreement, or any other legal relationship with Inlernet Worldwide AG, entitled to operate and use the Inlernet System in a certain country, with Frequent Buyer entering into contractual relationship exclusively with Inlernet Worldwide AG, and other economic entities within the Inlernet Corporate Group participating in the operation of the Inlernet System.
2.3. If Frequent Buyer is a private individual, s/he may only be a legally capable person of legal age; in this regard, Frequent Buyer asserts by signing hereof, and receipts by signing the Contract for Frequent Buyers, that s/he is of legal age and is not under conservatorship or guardianship affecting legal capacity, except for the cases set forth in Section 2.4.
2.4. Minors with limited legal capacity may become Frequent Buyers if they have reached the age of fourteen years and are not legally incapable. Any legal statements of minor Frequent Buyers with limited legal capacity, in particular regarding the following, shall not be deemed valid without the consent or subsequent approval of their legal representatives:
a) registration and data modification in the Inlernet System,
b) payment of retainer for purchase vouchers in the Inlernet System, or amending the values thereof,
c) making purchases or accessing services in the Inlernet System,
d) registering other future Frequent Buyers as Referees,
e) organization or conducting of presentations and events,
f) as well as other cases not governed in advance that require written approval.
Minor Frequent Buyers with limited legal capacity may organize and conduct Inlernet System-related events for other Frequent Buyers or persons intending to register who may or may not be minors, in the presence and under the supervision of their legal representatives. If a Frequent Buyer who is a minor with limited legal capacity becomes legally capable, s/he shall make decisions in regard of the validity of any of her/his pending legal statements.
Legal representatives must check registrations initiated by Frequent Buyers to be entered into the Inlernet System by minor Frequent Buyers with limited legal capacity, and may refuse them if they fail to meet formal or legal requirements, in particular in case of limited legal capacity of the person intending to register or the lack of the legal representative’s approval.
In accordance with the relevant provisions of the Civil Code of Hungary, legal representatives shall be held liable for obligations assumed, or legal statements made to third parties, by minor Frequent Buyers.
Minor Frequent Buyers may not assume, even with the approval of their legal representatives or Referees, any Inlernet System-related obligations that may impose significant burdens on themselves, which are not proportionate to leverages that may be realistically obtained in the Inlernet System.
In making legal statements affecting in-system positions of minor Frequent Buyers, legal representatives must consider the opinions of minor Frequent Buyers with limited legal capacity and not impaired.
Any statutory declaration by and the rights of a minor age Frequent Buyer shall, in any other respect, be governed by Articles 2:10 – 2.18 of the Civil Code.
If a person intending to register reached legal age through marriage, then s/he may register only by signing a paper-based Contract for Frequent Buyers, in which the above legal basis for reaching legal age, the date of marriage, and the serial number of the marriage certificate must be indicated.
If minor Frequent Buyers intend to dispose of Inlernet Entitlements regarding the acceptance or inclusion thereof in the estate by way of devising, then the approval of the guardian is also required for the validity of legal statements made by legal representatives, when legal statements concern the following:
a) obtaining Inlernet Entitlements that are, by virtue of inheritance, conferred upon minor Frequent Buyers, or
b) devises made by minor Frequent Buyers regarding rights representing assets, the values of which exceed the amount set forth in a separate regulation, and which verifiably originate from the Inlernet System.
The approval of the guardian is not required for the validity of legal statements that have been judged valid by a court or notary public. Nullity on the basis of legal incapability or limited legal capacity can only be cited in the interest of minor Frequent Buyers who are of limited legal capacity or legally incapable.
If a minor Frequent Buyer, in connivance with her/his legal representative or Referee, misleads Inlernet regarding her/his legal capacity, then s/he, together with her/his legal representative or Referee, shall be held jointly and severally liable and is obliged to reimburse Inlernet for all damages incurred by, and in relation to, the above activities. By signing the Contract for Frequent Buyers, Frequent Buyer and her/his legal representative expressly accept the present contractual condition.
2.5. Frequent Buyer asserts that the information indicated and provided by her/him in the Contract for Frequent Buyers are true and correct; moreover, s/he is not aware of any facts, data, or other information that could have affected the drafting of the present contract on Inlernet’s side, or would hinder the valid establishment of the legal relationship.
2.6. One Frequent Buyer ID as well as all rights and obligations related to this given ID may be owned by only one person.
3. Rights and Obligations of Inlernet
3.1. Inlernet informs Frequent Buyers by ways of information provided through the Information Database of the Inlernet System (hereinafter: “Inlernet Information Database”) as well as courses and training events, and notifies them on System-related changes in a timely manner. The Inlernet Information Database includes the Inlernet Website (www.inlernet.com) and in case of the lack of access, the information package sent via e-mail, as requested by Frequent Buyers individually. Frequent Buyer has the opportunity to participate, on her/his own expense, in courses and trainings necessary for the activities performed on the basis hereof. Frequent Buyer may not make any financial claims to Inlernet or to any other member of the Inlernet Corporate Group in order to validate such entitlement, that is, her/his right to information.
3.2. Inlernet has the right to continuously control the activities, behavior, and financial discipline of Frequent Buyer in the Inlernet System, in particular:
- to check whether the activities performed by Frequent Buyer infringes any laws or ethical norms,
- to check whether Frequent Buyer has the knowledge to advertise the Inlernet System to others,
- to check whether Frequent Buyer and/or Frequent Buyers s/he entered into the Inlernet System perform their activities related to advertising the Inlernet System in accordance with the information officially communicated by Inlernet, or with the directions of Inlernet.
3.3. If necessary, Inlernet has the right to modify the contents of the present GTC and all of its Appendices with regard to the current inflation index, influential market circumstances, characteristics of frequent buyers, and the effective legislative environment, in particular to compliance with applicable taxing regulations.
4. Rights and Obligations of Frequent Buyer
4.1. Frequent Buyer is not entitled to give away, sell, or transfer by any other virtue whatsoever her/his career position, rebates, and commissions incurred in the Inlernet System to other Frequent Buyers of the Inlernet System, or to any third party or legal entity. From her/his leverages obtained in the Inlernet System, Frequent Buyer has the right to transfer her/his so-called Inlernet Entitlements, yet only subject to prior consent of Inlernet and in accordance with terms and conditions set forth in the present GTC.
4.2. Following registration in the Inlernet System, Frequent Buyer is not entitled to delete the name of her/his Referee or to indicate more than one Referees simultaneously.
4.3. If Frequent Buyers want to change Recommenders, they are obliged to obtain the approval of all existing and prospective Recommenders above them to the transaction on the “Application for Team Modification” Form (downloadable from www.inlernet.com) as far back in time as the first common Recommender, who features at the current and the prospective recommenders’ level. Frequent Buyer may submit her/his request to Inlernet using the “Team Modification Request” form, who shall assess the replacement request within 30 days. Inlernet has the right to decline the replacement request without justification. Such replacement request may be submitted only once during the lifetime (in case of companies, during the period of operation) of Frequent Buyer. Frequent Buyers may keep the group of the Frequent Buyers who belong to them.
Frequent Shoppers can request a so-called simplified team-modification, where the modification is done without approval from the Referee, if the Referee directly above them is considered to be inactive, as per article 4.12. In this case the Frequent Shopper may only request team-modification up to the first active Referree in their referee-line. Simplified team-modification can only be initiated by a Frequent Shopper with no direct active Referee. If the Leader later returns to active status, they have no option to regain previously lost groups.
Inlernet may reject a request for placement elsewhere without giving reasons for doing so. With the exception of simplified modification, Frequent Buyers may submit a request for placement elsewhere only once during their life (in the case of a business undertaking one during their being in business).
4.4. Frequent Shoppers can also request team-modification if they have not gained their first Inletrnet-Right and their first Personal-, or Group Carrier Unit within 12 months of their registration or last team-modification. In such cases, after 12 months have passed, you can submit a "Team-modification request" form and ask Inlernet for approval to change Referees, you only need an approval from your future direct Referee. If the Frequent Shopper already has an Inlernet-Right and a Personal-, or Group Carrier Unit, this type of team-modification is no longer possible. Frequent Shoppers retain their related frequent shopper groups after the transfer. Inlernet retains the right to deny team-modification requests without justification.
4.5. The Frequent shopper is not entitled to re-register to the Inlernet-System using their own or any other name, except under the name of their company, under the name of a company represented by them, or as the contact person of a company. The Frequent Shopper is only entitled to the use of the Inlernet-System and its services under one Frequent Shopper identification with Inlernet rights, except in the cases of the previously mentioned examples.
4.6. If Frequent Buyer registers with the Inlernet System more than once (except for registrations initiated maliciously by third parties or as per article 4.5.) or acts in the Inlernet System using the identity of other persons, and Inlernet becomes aware of this, then Inlernet shall withdraw the rewards set forth in Appendix 1 of General Terms of Contract (e.g. travel, pins, etc.) from the Frequent Buyer candidate. Within 3 days of learning of the facts, Inlernet shall take action to replace Frequent Buyer’s registration (established under her/his own identity as well as that of others) as well as its direct and indirect branches (with preserving team order) to her/his original, legitimately registered Frequent Buyer status. At the same time, Inlernet shall delete from the system all registrations associated with the same person that are dated later than the first legitimate registration.
Regulations regarding replacement are applicable only to Frequent Buyers who registered after July 1, 2009. In case of Frequent Buyers who registered prior to this date, decisions regarding the possibility and method of changing the Referee as well as legal action taken against malicious Frequent Buyers within the framework of procedures initiated upon individual requests. The above referenced procedure of Inlernet shall not be bound by deadlines yet shall seek to comprehensive discovery of facts.
If in the course of its investigation, Inlernet establishes that any Frequent Buyer misuses the opportunities offered by the System as set forth in the present section, and has multiple registrations or holds multiple positions, then Inlernet is entitled to make a decision to ban such Frequent Buyers from the System, or to temporarily or permanently limit their certain Frequent Buyer rights.
Frequent Buyer shall be exempted from the above mentioned legal repercussions if s/he proves that s/he cannot be held liable for multiple registration, in particular, if it shall be proven that multiple registration occurred as a result of malicious action taken by a third party.
4.7. Frequent Buyer asserts, and receipts separately by signing the Contract for Frequent Buyers, that s/he is not bound by, and restricted to, any particular time or place in performing her/his activities in accordance with the present contractual relationship, and that in the course of performing her/his activities s/he shall only use her/his own assets and infrastructure.
4.8. Frequent Buyer must, at all times, obtain all permits, infrastructures, and assets that may be necessary for performing her/his activities in accordance with the present contractual relationship for her-/himself and at her/his own expense. All taxes and other charges incurred in regard of discounts, commissions, or any other benefits to be received, in accordance herewith, by Frequent Buyer from Inlernet or any of the companies in the Inlernet Corporate Group, or of any other incomes resulting from her/his activities, as well as other costs related to her/his activities must be borne by her/him; Frequent Buyer must register, return, and pay these in accordance with effective legal regulations. Inlernet shall not be held liable in any way whatsoever in regard of her/his performance of these obligations. Inlernet fully disclaims liability in regard of Frequent Buyer’s performance of her/his above mentioned obligations.
4.9. If Frequent Buyer performs Referee activities (referring and acquiring potential Frequent Buyers and Product Partners to the Inlernet System) professionally, then s/he acknowledges that for the performance of this activity s/he must choose an enterprise type (self-employed, company, etc.). Inlernet has the right to withhold the payment and usability of commissions from Frequent Buyer until Frequent Buyer presents proof that the above requirement is met.
Frequent Buyer is obliged to verify the existence of her/his contractor relationship to Inlernet by sending to the official e-mail address of Inlernet, or by presenting original, official copies, of the following documents:
certificate of incorporation dated no more than 30 days ago (in case of companies, organizations, or institutions), which indicates Frequent Buyer as owner, CEO, or other contact person,
- document certifying legal relationship as contact person,
- sole proprietor license (in case of sole proprietors).
Frequent Buyer is also obliged to provide Inlernet with proofs, other certificates, or documents necessary for the certification of the above legal acts as required by Inlernet.
If Frequent Buyer requires any kind of governmental license, or other license or consent for the performance of any of her/his rights or obligations related hereto, then these must be obtained by Frequent Buyer at her/his own expense.
4.10. Frequent Buyer is entitled to promote, and present to potential Product Partners, the Inlernet System after successful completion of the product partner referee training organized by Inlernet; therefore, without the successful completion of the above training, s/he is not entitled to officially contact any potential Product Partner and to enter into negotiations with them.
4.11. Parties hereto expressly assert that present contractual relationship shall not give rise to employment relationship, other work relationship, or company relationship between Inlernet and Frequent Buyer. Parties only enter into the civil legal relationship the contents of which are set forth herein, on the basis of which Frequent Buyer shall be considered a market entity independent from Inlernet in regard of her/his participation in the Inlernet System as well as of advertising the Inlernet System to further potential Frequent Buyers. On the basis of the Frequent Buyer relationship, Frequent Buyer shall in no regards be considered the agent or representative of Inlernet; therefore, Frequent Buyer is not entitled to make legal statements or assume obligations on behalf of Inlernet.
4.12. On the basis hereof, Frequent Buyer is not obliged to perform mediation or advertising, make purchases, procure services, or produce results of any kind in this regard; Frequent Buyer is only entitled to participate, within the framework hereof, in the operation of the Inlernet System at her/his sole discretion and at her/his own business risk. Nevertheless, the activity of the Frequent Shopper is monitored. If the Frequent Shopper does not fulfill the activity requirements outlined in Attachment 1. for two subsequent months, they are to be considered inactive in the following month. In such cases the Frequent Shoppers of the inactive Referee may request a simplified team-modification, as outlined in article 4.3.
Inlernet expressly records that Frequent Buyers who might enter the Inlernet System as a result of the activities of Frequent Buyer may not make payments or provide other services, either directly or otherwise, to Frequent Buyers who entered the Inlernet System before them, and that Frequent Buyers who entered earlier are not be entitled to request the making of payments or the provision of other services from Frequent Buyers who enter the System as a result of their activities by any virtue whatsoever. Inlernet shall neither make any payments, nor provide any services to Frequent Buyer as a compensation for entering new Frequent Buyers.
4.13. Frequent Buyer is obliged to stay informed independently regarding any modifications of laws and regulations relevant to her/him, in particular regarding taxing and social security regulations and changes made thereto, in order to be able to meet all effective requirements at her/his own expense and liability. Inlernet shall not be obliged to provide such information, and Inlernet shall not be obliged to modify legal relationships upon requests made by Frequent Buyer to such effect.
4.14. Frequent Buyer is entitled to participate (at her/his own expense) in courses and training events organized by Inlernet and the Inlernet Corporate Group, if s/he has previously submitted an application to Inlernet through her/his personal Web Office within the application deadline. If Frequent Buyer has previously applied for the event and intends to pay attendance fees on the spot, but cannot attend the event, then cancelation terms are as follows:
If a written cancelation note is sent and delivered to Inlernet at least 72 hours before the beginning of the event, participation can be canceled free of charge. Failure to cancel in time results in the obligation to pay 100% of the attendance fees; Inlernet has the right to withdraw such fees from the accounts in the personal Web Office of Frequent Buyer, or to make a claim to this effect otherwise. In case of payments made using online vouchers, attendance fees may not be reimbursed under any circumstances.
4.15. If in the activities performed within the framework of the Inlernet System, Frequent Buyer relies on the assistance of other persons, then s/he must select such persons carefully and train them appropriately, as well as s/he must make sure that such persons also observe Frequent Buyer’s obligations hereunder. Frequent Buyer shall be held responsible for the behavior of persons s/he commissioned or authorized as if any given legal actions were taken by Frequent Buyer her-/himself.
4.16. Frequent Buyer is not entitled to represent, as well as accept payments, make legal statements, assume obligations, or recognize any entitlements on behalf of, Inlernet or the companies within the Inlernet Corporate Group in the course of the activities performed within the Inlernet System, in particular during advertising Inlernet to new Frequent Buyers. Frequent Buyer may only advertise the Inlernet System by way of, and using, printed matter and information materials issued and authorized by Inlernet. Without separate written permission of Inlernet, Frequent Buyer may not display the Inlernet System or trademarks and patents associated therewith on any media prepared by her/him or on her/his behalf, and thus entering new Frequent Buyers into the System. Frequent Buyer shall be held responsible for any and all damages (in particular for loss of profit) to Inlernet arising from the infringement of the present provision in accordance with general rules on damages.
4.17. Frequent Buyer is obliged to immediately notify Inlernet of any changes to her/his personal information and to information that bears relevance to present contractual relationship (that is, those that may affect the performance of her/his present contractual obligations in any way whatsoever), and is obliged to personally record changes to such information on the Inlernet Website, in her/his personal Web Office. This obligation primarily concerns changes to name, personal ID number, residential address, bank contact, and e-mail address. If Frequent Buyer fails to perform the above obligations, and for this reason Inlernet incurs costs, damages, or surplus expenses of any kind, then Inlernet has the right to request reimbursement for these from Frequent Buyer.
By signing the contract, Frequent Buyer expressly consents to the management, recording, use in the course of the operation of the Inlernet System, and transfer by Inlernet of personal information provided and indicated in the contract or otherwise transferred to Inlernet. Frequent Buyer expressly consents to Inlernet sending marketing as well as other informational matter necessary for, or assisting, the operation of the System to the phone number and e-mail address provided by her/him.
4.18. If Frequent Buyer fails to notify Inlernet of changes to her/his address, then until such notification is made, Inlernet shall regard all correspondence sent to the address last known to Inlernet as delivered; besides, Inlernet cannot be held responsible for its failure to deliver correspondence to Frequent Buyer on time when correspondence sent to Frequent Buyer’s last registered address is returned with postal endorsements such as “Moved,” “Unclaimed,” or with any other endorsement proving nondelivery. Frequent Buyer acknowledges that Inlernet shall not be obliged to take any legal action in order to discover Frequent Buyer’s unknown or changed information.
4.19. Frequent Buyer is entitled to advertise the Inlernet System to new potential Frequent Buyers; however, in doing so s/he must use printed as well as presentation and advertising matter prepared and required by Inlernet, and communicate and observe those set forth in Inlernet trainings in full and unaltered. Frequent Buyer is not entitled to provide other discounts outside her/his Inlernet System, or to make promises to this effect.
Frequent Buyer must refrain from making or presenting false claims, from misrepresenting true facts, as well as from infringing or compromising the reputation or credibility of other Frequent Buyers, Product Partners, or Inlernet.
In particular, the following shall be considered infringement of reputation: making claims that belittle the operation and market presence, or question the business and professional credibility, of other Frequent Buyers, Product Partners, or Inlernet; making claims the validity of which is not verifiable, or is verifiable only through the significant and unfair infringement of the interests of the other party concerned; presenting data or information in relation to other Frequent Buyers, Product Partners, or Inlernet that may jeopardize the credibility of other Frequent Buyers, Product Partners, or Inlernet.
4.20. By advertising the Inlernet System, Frequent Buyer is exclusively performing marketing activities regardless of regional authority (that is, both in Hungary and abroad). These marketing activities shall not be considered commercial mediation or financial mediation activities.
4.21. Frequent Buyer is not entitled to accept fees, commissions, or any other similar form of compensation from Product Partners. In course of advertising the Inlernet System, Frequent Buyer is obliged to observe legal regulations; in particular, s/he may not establish any system within the Inlernet System, of her/his own, or within her/his sphere of interest that performs activities identical, or in any way similar, to those of the Inlernet System.
4.22. As compensation for performing advertising activities and for making purchases through the Inlernet System, Frequent Buyer shall receive commissions and other discounts from Inlernet, the rates as well as terms and conditions of which are made known to Frequent Buyer by Inlernet on the Inlernet Website (www.inlernet.com) as well as in the present GTC and its Appendices. Such commissions shall be registered without delay, and the commissions registered shall be transferred to the bank account of Frequent Buyer every two weeks, given that commission value exceeds HUF 10,000.
Following settlement, no claims for extra payment may be submitted to Inlernet or to the companies in the Inlernet Corporate Group. Frequent Buyer expressly acknowledges that if the economic event forming the basis of commission payment (payment of retainers for purchase vouchers, payment of the whole value of purchase vouchers) fails for reasons unforeseeable by Inlernet, then commissions and other leverages that were already registered or paid shall be returned to Inlernet, and thus Inlernet has the right to reclaim these, or to deduce them from commissions to be registered in the future. Commissions received on no valid ground must be reimbursed by Frequent Buyer; otherwise Inlernet shall have the right to terminate the present contract immediately by extraordinary notice.
4.23. During the effective period of the contract, and after the termination thereof, Frequent Buyer must treat confidentially data relating to Inlernet and the companies in the Inlernet Corporate Group, and in particular to Frequent Buyer indefinitely (during her/his status as Frequent Buyer and for 5 years thereafter). Frequent Buyer may not make use of such data, and s/he must refrain from any competitive activities through which s/he may cause material or moral damages to, or harms the market position of, Inlernet, in particular from establishing or operating a system described in Section 4.21.
4.24. During the term of her/his contractual relationship with Inlernet, Frequent Buyer may advertise only the Inlernet System to other potential Frequent Buyers. During the term of her/his legal relationship with Inlernet based on the Contract for Frequent Buyers and following termination of this legal relationship, it is FORBIDDEN for Frequent Buyer to attract, or attempt to attract, employees and/or Frequent Buyers and Product Partners of Inlernet or of other companies in the Inlernet Corporate Group to her-/himself or to Inlernet’s competitor enterprises and frequent buyer systems.
Moreover, it is FORBIDDEN to otherwise nominate such persons and companies, for the purpose of the concluding of contracts for mediation or for agency, or of economically identical or similar agreements, for Inlernet’s competitor enterprises or groups of customers. During the term of her/his contractual relationship with Inlernet, and following the termination thereof, Frequent Buyer may not make offers regarding, mediate, or provide advice regarding, other purchasing systems to Frequent Buyers of Inlernet on her/his own behalf or on behalf of third parties, or by commissioning third parties and enterprises. Frequent Buyer may not perform business activities resulting in competition. For the purposes of this provision, persons who were in a contractual relationship with Inlernet no more than 48 months ago shall be considered employees and Frequent Buyers. Frequent Buyer may not use the “Inlernet” brand name and trademark outside the Inlernet System, either for her/his own business purposes or for those of third parties, or in the interest thereof.
4.25. In case Frequent Buyer is in breach of the contract, s/he shall be obliged to compensate Inlernet for all damages incurred as well as for loss of commissions and profit, to transfer profits made this way to Inlernet, and to settle all these. In case Frequent Buyer is in breach of the contract, s/he shall automatically lose all entitlements to unclaimed and unused commissions. Frequent Buyer’s breach of non-attract and non-compete provisions shall constitute a breach of non-competition provisions prescribed by law.
4.26. If Frequent Buyer performs the online recording of a paper-based contract signed by another person (to which only registered Frequent Buyers are entitled), based on the authorization of the person concerned, then in this case the Frequent Buyer recording the data shall be obliged to preserve the paper-based contract.
4.27. Inlernet’s Rules for Complaint Management governs the procedure related to observations and announcements made by Frequent Buyers (hereinafter: complaint) for the purpose of the efficient, transparent, and rapid management of complaints made by Frequent Buyers or third parties as well as of avoiding and minimizing losses and dysfunctions arising from the cooperation between Frequent Buyers and Inlernet. The Rules for Complaint Management can be found on the Inlernet Website (www.inlernet.com) and in Inlernet’s Customer Service Office. All individual requests or protests regarding the activities and services of Inlernet, where the complainant objects to Inlernet’s behavior and formulates concrete and clear demands in connection therewith, shall be considered complaints.
Complaints may be submitted to Inlernet in writing (see Section 9.4).
For complaint submission, a designated form must be used, which can be found on the Inlernet Website.
5. Operation of the Inlernet System
5.1. Inlernet shall establish a separate contractual relationship with Product Partners, which does not form part of the Contract for Frequent Buyers. Product Partners are obliged to familiarize themselves with the provisions hereof, and shall accept to be bound by them, which enables Frequent Buyer to purchase goods and services at contracted Product Partners. On the basis of the present GTC, agreements under the Inlernet System may only be concluded with contracted Product Partners; the present GTC is not applicable to external companies. The list of current Product Partners can be found on the Inlernet Website (www.inlernet.com).
5.2. Settlement by Frequent Buyer of consideration for goods and services to be procured from the Product Partner using automatically validatable vouchers in the Inlernet System is possible only if payment is made using Inlernet Online Vouchers or Product Partner Vouchers issued by Inlernet (hereinafter: Inlernet Voucher). Frequent Buyer acknowledges that material vouchers are not transferable, and there is no cash or other cash substitute alternative to them.
5.3. Purchases made by cash, bank transfer, and banking card, which differ from those set forth in Section 5.2, may be validated in the Inlernet System only if following receipt of the purchase certificate (e.g. invoice, receipt, bill), Frequent Buyer quotes her/his Inlernet System Frequent Buyer ID to the Product Partner. After this, the Product Partner shall register purchase data in its Product Partner Web Office within 30 calendar days, as prescribed by the Contract for Product Partners.
Vouchers obtained by Frequent Buyer from sources other than Inlernet or any of the companies in the Inlernet Corporate Group, or not obtained through the mediation of Inlernet (in particular vouchers issued directly by the Product Partner), or if the vouchers were not issued by Inlernet through any of its voucher issuance Systems, shall not entitle their holders the procure goods and services in an automatically validatable way within the Inlernet System. With the above vouchers, Frequent Buyer may not benefit automatically from discounts set forth herein, and they shall not give rise to any obligations whatsoever for Inlernet to automatically provide services, commissions, or discounts until these purchase data are not registered in the Inlernet System by the Product Partner (as with non-voucher payment methods), and until the commission invoice sent to the Product Partner is not settled.
5.4. For the procurement of goods and services, Inlernet issues a so-called “online” (that is, accessible only through the Internet) voucher, or allows for the print-out of a copy thereof. In all cases, such vouchers shall be issued in the currency of the country where the Product Partner’s store is located.
5.5. None of the voucher types issued by Inlernet shall be considered the provision of services. Paper-based copies of vouchers shall only certify that as a result of the voucher order made by Frequent Buyer, Inlernet undertakes to transfer the value indicated on the voucher, minus Inlernet’s commission, to the Product Partner.
5.6. Inlernet online records, and electronically archives, vouchers in the Inlernet System. When ordering any kind of Inlernet Vouchers, Frequent Buyer must provide the information of the Product Partner (exact name of store, Product Partner ID) where s/he intends to purchase goods and/or procure services, and therefore, intends to redeem the voucher.
5.7. Frequent Buyer has the right to order Inlernet Online Vouchers and/or Product Partner Vouchers from Inlernet, as described above. Frequent Buyer has the right to request the issuing of the vouchers in her/his personal Web Office on the Inlernet Website, using her/his personal Frequent Buyer ID and password (in case of Online Vouchers). Frequent Buyer acknowledges that in order to be issued, the requested vouchers must be of a value of at least HUF 5,000, that is, five thousand Hungarian Forints. Inlernet undertakes to issue the Inlernet Online Voucher and to deliver the Product Partner Voucher only if all the following criteria are met simultaneously:
- a correct and complete voucher order has been placed by Frequent Buyer online, through the personal Web Office of Frequent Buyer; thus, information needed for the voucher have been provided by Frequent Buyer, and the receipt thereof has been confirmed appropriately,
- the consideration for the requested voucher has been deposited to, and registered on, the bank account of Inlernet; Frequent Buyer has thus paid for the whole value of the voucher in the course of ordering, which is registered to Inlernet within the Inlernet System,
- in case an order for Product Partner Voucher was placed, the Product Partner has sent the voucher to Inlernet following placement of the order.
Following the issuing of a given Online Voucher to Frequent Buyer, Inlernet sends a copy thereof to the Product Partner without delay.
5.8. Inlernet is obliged to transfer consideration for the voucher, minus Inlernet’s commission, to the Product Partner after the Online Voucher was issued or the Product Partner Voucher was received.
5.9. Inlernet Vouchers are not transferable to, or to the benefit of, third parties. The Inlernet Voucher may be used or redeemed by Frequent Buyer only at the previously selected contracted Product Partner with which the voucher was issued. If the copy of the Inlernet Online Voucher, or the Product Partner Voucher issued by the Product Partner is presented by Frequent Buyer, the Product Partner is obliged to sell goods or provide services within the framework of the Inlernet System, the detailed regulations of which are contained in the agreement concluded between Inlernet and the Product Partner.
5.10. Inlernet Vouchers entitle Frequent Buyer only to procure goods and services, and to receive rebates on the prices of goods and services, only at the Product Partner indicated on the voucher, and in the value indicated thereon. There is no cash or cash substitute alternative to Inlernet Vouchers, they may not be used at other (not contracted) salespersons, Inlernet, or any of the companies in the Inlernet Corporate Group.
5.11. Frequent Buyer expressly acknowledges that once the voucher order is placed with Inlernet and/or the voucher is paid for, the voucher order, and thus the voucher, may not be withdrawn or invalidated, consideration for the voucher may not be reclaimed, and the voucher may not be transferred to another Product Partner or replaced by another voucher. Once the Inlernet Voucher is issued, Frequent Buyer may only redeem it at the contracted Product Partner for purchasing the goods and/or procuring the services requested.
5.12. Frequent Buyer shall have the opportunity to pay retainers on vouchers by paying the value of the retainer, set forth in Appendix 1 of the present GTC, for the voucher to Inlernet. Frequent Buyer acknowledges and expressly accepts that Inlernet shall pay commissions to Frequent Buyer and to other Frequent Buyers registered with the Inlernet System from the value of the retainer paid by her/him, since retainers forms contributes toward the consideration for the purchase voucher issued by Inlernet, therefore following payment, it shall be at Inlernet’s disposal. The value of the retainer shall be deposited by Inlernet to a deposit account, among others as a guarantee for the payment of commissions.
Frequent Buyers declare that they are familiar with the rules of down payment set out in 6:185 of Act V of 2013 on the Civil Code, and in light of this fact, they take note of the fact that they cannot reclaim the down payment on Inlerten Purchase Vouchers. Frequent Buyer asserts that s/he is familiar with regulations governing retainers as set forth in Sections 243, 244, and 245 of Act IV of 1959 on the Civil Code of Hungary; in this regard s/he also acknowledges that if s/he has only paid a retainer for an Inlernet Voucher, then the retainer may not be reclaimed. However, Frequent Buyer shall at any time have the opportunity to amend the retainer for the voucher ordered by her/him to the total value of the voucher by paying the remaining sum to Inlernet in order to be able to request an Inlernet Voucher to the given Product Partner and to redeem it at the Product Partner. In accordance with this, a total voucher value (subject to change depending on the rebate offered by the Product Partner) corresponds to each voucher retainer sum paid; such voucher values can be found in the Voucher Value Table in Appendix 2 of the present GTC, which forms an integral part hereof.
Total values of vouchers in the above mentioned table shall be jointly determined by the rebate offered by the Product Partner selected in the course of payment of retainers for vouchers as well as by the sums of retainers. If Frequent Buyer claims only a part of the value of the voucher for which the retainer is paid, then the ratio of the sum of the retainer to be paid for the given voucher part and the total retainer value is proportionate to that of the value of the voucher part and the total voucher value, as indicated in the Voucher Value Table. Accordingly, the percentage difference between the value of the voucher part ordered and the total voucher value indicated in the Voucher Value Table equals that between the total and the usable value of the retainer. The remaining retainer sum may be used in accordance with the above for the future ordering of one or more voucher parts.
Following payment of the retainer, the selection of the Product Partner may be modified in the course of the payment of the total or partial value of the voucher. In this case, the value of the retainer to be used for the given voucher part may change in accordance with the above, since the rebate offered by the Product Partner may also change, which in turn determines the total voucher value.
Individual voucher values may be consolidated, or amended with voucher parts, in the course of the payment of the value of the voucher. In this case, multiple retainers paid for purchase vouchers may be consolidated, but only at the ratio of, and in accordance with, the total voucher value, set forth in Appendix 2 of GTC and determined by the rebate offered by the Product Partner, and the actual value of vouchers ordered and paid for.
Total voucher values for rebates not included in Appendix 2 of GTC shall be determined on the basis of the table, using proportionalization method.
5.13. Inlernet Online Vouchers are valid for three years from its issuing date. After the expiration of their term of validity, vouchers automatically become void without any legal action. If the term of validity has expired and the voucher was not used by Frequent Buyer, then s/he shall acknowledge that s/he may make no claims whatsoever to Inlernet or to any of the companies in the Inlernet Corporate Group. Such loss of claim enforcement shall not concern the fact that Frequent Buyer may request the transfer of the goods or the provision of the services in concern from the Product Partner before the expiry date, except when the selling of goods or service provision are of such nature that the performance thereof may not be claimed from the Product Partner anymore. Frequent Buyer shall have no right to take action against Inlernet or any of the companies in the Inlernet Corporate Group even if the Product Partner’s services or delivery are non-contractual or fails. Frequent Buyer acknowledges that the legal relationship regarding of the selling of goods and/or service provision shall be established only between her/him and the Product Partner. With regard to this reason as well, if the Product Partner delivers defectively, fails to deliver, or otherwise breaches the contract, then Frequent Buyer shall not be entitled to reclaim the value of the voucher, request the replacement of the voucher or the issuing thereof to another Product Partner, or make any other claims to Inlernet or to any company in the Inlernet Corporate Group even during the above term of validity for these reasons.
5.14. Upon registration with the Inlernet System, Frequent Buyer shall learn her/his Frequent Buyer ID and Web Office password from an e-mail sent to the e-mail address provided. For logging in to her/his personal Web Office, for future password changes, and for any Internet-based activity or legal action performed in her/his Web Office, Frequent Buyer must observe the rules, instructions, and directions found on the Inlernet Website.
The password is needed for security reasons, so that with this, only the authorized Frequent Buyer may enter her/his personal Web Office. Frequent Buyer is obliged to store the password of her/his Web Office in a secure place. Frequent Buyer is obliged to change the password provided by Inlernet so that it is at least 8 characters long, and contains both lowercase and uppercase letters as well as numbers; however, it may not be the same as her/his personal identification number, personal ID card number, birth date, cell phone number, may not be confusable with these numbers, and may not contain them. The password and personal settings can be changed at any time through the personal Web Office.
5.15. The password provided by Inlernet and then changed by Frequent Buyer is of a strictly confidential nature. Inlernet may not be held liable in case Frequent Buyer fails to observe the rules for the management of confidential data, and for this reason, a third party misuses the above information to the detriment of Frequent Buyer. If Frequent Buyer detects any kind of misuse in connection with her/his own access or after logging in to the personal Web Office, then s/he shall be obliged to notify Inlernet of this within 1 day of the detection thereof via Inlernet’s official e-mail address. If as a result of the notification, Frequent Buyer’s information needs to be changed, then such new access information shall be delivered to her/him via e-mail.
5.16. Under those set forth herein, the Inlernet System shall only be aimed at, and limited to, establishing relationship between Frequent Buyer and the Product Partners as well as facilitating the flow of goods and services in the course of this relationship, and providing Inlernet Online Vouchers and Product Partner Vouchers facilitating the procurement of goods and services.
Frequent Buyer acknowledges that goods and services procured from contracted Product Partners originate only from Product Partners, and in this regard Inlernet shall assume no obligations or liability of any kind for delivery by, and the behavior of, Product Partners. Product Partners shall be held liable to Frequent Buyer for their delivery in accordance with the regulations on liability of the Hungarian civil and commercial law.
5.17. Inlernet shall offer no warranty of quality and title on products and services procured by Frequent Buyer from Product Partners through the Inlernet System. Warranties on such products and services shall be offered by Product Partners in accordance with general regulations. Frequent Buyer acknowledges that in regard of the selling of goods or provision of services by the Product Partner, contractual relationship shall by established only between the Product Partner and Frequent Buyer, and Inlernet shall not become a subject or participant of this bilateral legal relationship on any grounds or by any virtue whatsoever.
Frequent Buyer accepts that in case of any breach of contractual obligations by the Product Partner, Frequent Buyer may make claims of any kind only to the Product Partner. In regard of her/his claims arising from the lack of conformity, Frequent Buyer must negotiate primarily with the Product Partner, or if this proves unsuccessful, with the Product Partner Referee of the Product Partner. Frequent Buyer is not entitled, by any virtue whatsoever, to devolve her/his claims made to the Product Partner regarding the selling of goods or provision of services to Inlernet, or to take action of any kind directly against Inlernet in order to enforce such claims. Frequent Buyer acknowledges that Inlernet is not entitled to take action in regard of claims for warranty of quality and title made under the agreement for the selling of goods and procurement of services entered into by Frequent Buyer and the Product Partner. Frequent Buyer may not request Inlernet to participate in, make testimonies for, or make other statements regarding, mediation procedures regarding claims made to the Product Partner for the lack of conformity.
6. Benefits Arising from the Use of the Inlernet System
6.1. By participating in the Inlernet System, Frequent Buyer shall have the opportunity to participate in the preferential terms and conditions of purchase provided by Product Partners to Inlernet as well as to Frequent Buyers connected thereto, and to share such terms and conditions with Inlernet in the form of commissions, rebates, and other discounts.
Inlernet is not obliged to guarantee for the settlement of discounts, commissions, or rebates that are not paid to Inlernet by the Product Partner before deadline, which constitutes material breach of contract.
If default payment is made, or payment is made through debt collection, then Inlernet shall make such payments in arrears to those entitled to receipt. In case of default for reasons due to contractual breach by Product Partner Inlernet shall not be obliged to pay default interest to Frequent Buyer, and this shall be expressly disclaimed by the parties.
Given that the terms and conditions of the contract between Inlernet and the Product Partner may change over time, the parties expressly acknowledge that settlement of discounts, commissions, and rebates shall be performed on the basis of the terms and conditions of the contract concluded with the Product Partner in question effective as of the date of invoicing to the Product Partner. Inlernet undertakes to publish potential changes that may affect Frequent Buyer on its Website within 15 days of the modification of the Contract for Product Partners. In regard of this reason, Frequent Buyer acknowledges that during the above 15-day deadline, the Inlernet Website may contain potentially ineffective Product Partner terms and conditions, and Frequent Buyer shall not be entitled to make claims of any kind to Inlernet for this reason.
6.2. A detailed breakdown of discounts to which Frequent Buyer shall be entitled on the basis hereof are set forth in the numbered Appendices of the present GTC that can be found on the Inlernet Website. These Appendices form integral parts of the present GTC.
6.3. Frequent Buyers reaching Position 6 as described in Appendix 1 of the present GTC, that is, Division Director Position, shall become entitled to conclude a Contract for Vehicle Funding with Inlernet. Prior to the submission of official request for the use of the license plate, Frequent Buyer must seek permission from Inlernet to use the license plate. Following this, the use of the license plate starting with the letters “INET” may be requested from the relevant authorities; however, Inlernet cannot guarantee that such use is authorized. Inlernet shall not authorize the ordering and use of custom license plates from INET-01 to INET-06 for Frequent Buyer, as these license plates are reserved for Inlernet executives. Fees for requesting the use of license plates starting with the letters “INET” shall be borne by Frequent Buyer, not by Inlernet. Unauthorized use of license plates starting with the letters “INET” before reaching the Division Director Position may result in the immediate termination of the Contract for Frequent Buyers.
7. Fees Related to the Use of the Inlernet System
7.1. Frequent Buyer may participate in the Inlernet System free of charge. Transaction and other fees for purchases made shall not be charged to Frequent Buyer, except for those set forth in Section 7.3 as well as in the separate Costs & Charges Table and Notice.
7.2. Frequent Buyer may use the services of Inlernet through the Inlernet Website; no fees shall be payable by Frequent Buyer to Inlernet for using these services.
7.3. Frequent Buyer acknowledges that to Product Partners registered abroad, only Online Vouchers may be ordered (provided they are accepted by the Product Partner). If Frequent Buyer requests the Inlernet Online Voucher to be issued to a Product Partner registered abroad, then upon the placement of the order, an administrative fee equal to 1% of the Voucher’s value shall be charged to Frequent Buyer, regardless of the payment method valid in the Product Partner’s country of registration. Sums in foreign currencies shall be exchanged at the median exchange rates offered by the Hungarian Central Bank (MNB) effective as of the day the transaction was recorded.
8. Modifying the Contract for Frequent Buyers
8.1. Frequent Buyers acknowledge and agree that these General Terms of Contract qualify as general terms of contract under Article 6:77 of the Civil Code which Inlernet has laid down in advance unilaterally without the involvement of the other party for the conclusion of more than one contract.
By signing the Contract for Frequent Buyers, Frequent Buyer also asserts and acknowledges that s/he familiarized her-/himself with the present GTC, and is aware that the provisions of GTC form parts of the Contract for Frequent Buyers. Moreover, Frequent Buyer accepts that given the extraordinary nature of the legal relationship, in certain cases the provisions of the present GTC may differ from standard contracting practices.
8.2. Modifications made to GTC and its Appendices by Inlernet shall in all cases be considered valid, effective, and approved by Frequent Buyer, if Frequent Buyer submits no written complaint against the given modification proposal within 30 days from receipt of written notice thereon, or continues using the Inlernet System following receipt of written notice.
Frequent Buyer acknowledges that Inlernet may not use more than one effective GTC at a time; therefore, if Frequent Buyer submits a complaint regarding the given modification of GTC within the above deadline, then Inlernet shall become entitled to terminate the Contract for Frequent Buyers on 15 days’ notice.
At all times, the text of GTC and its Appendixes found on the Inlernet Website must be considered the effective version. GTC and its Appendices may also be consulted in the Customer Service Office of Inlernet Hungary Partners Zrt.
8.3. Frequent Buyer acknowledges that Inlernet has the right to send any and all changes, modification proposals, regulations, business policies, notices, and newsletters to the e-mail address and phone number (via text message, if phone number is provided) provided by Frequent Buyer to Inlernet as well as to her/his Web Office and residential address.
9. Extinction of the Contract for Frequent Buyers
9.1. If Frequent Buyer ordered a voucher to a Product Partner, then following the issuing of the voucher Frequent Buyer shall not be entitled to avoidance hereof, or of voucher ordering, since by issuing the voucher, Inlernet has performed all its obligations hereunder in regard of the given legal transaction as set forth in Section 5.11 of the present GTC; thereafter, legal relationship exists only between the Product Partner and Frequent Buyer, therefore Frequent Buyer is entitled to exercise her/his right of avoidance only against the Product Partner.
Parties hereto agree that the parties are not entitled to exercise their rights of avoidance in regard hereof, including in regard of voucher ordering or the payment of retainers for vouchers.
If in spite of the above provision, a court ruling establishes that Frequent Buyer lawfully exercised her/his right of avoidance in relation hereto (following payment of retainers for purchase vouchers or of the total value of purchase vouchers), then unused sums of retainers for vouchers paid by Frequent Buyer to Inlernet or, in case of unredeemed vouchers paid for in full, the total value of the voucher paid shall be considered earnest money by the parties; therefore in case of avoidance, such sums may not be refunded to Frequent Buyer. Frequent Buyer expressly asserts that s/he is familiar with the concept of earnest money, expressly accepts the above rate thereof, and asserts that s/he shall initiate no legal disputes against Inlernet in relation thereto. Setting forth a forfeit clause is expressly reasonable since if the retainer paid for vouchers were used, Inlernet would gain economic leverage from the purchases made by Frequent Buyer at the Product Partner, which would be forfeited due to avoidance, and Inlernet provides services to Frequent Buyer and to other Frequent Buyers (payment of commission, provision of other leverages in accordance with the Appendices of the present GTC) the remuneration of which in case of avoidance can only be guaranteed through the application of earnest money.
9.2. Blanks of the present GTC and its Appendices as well as of the Contract for Frequent Buyers are identical to the contractual offer. Therefore, Inlernet shall notify Frequent Buyer within 8 calendar days on the acceptance of the completed proposal, or has the right to reject it without justification. The blank signed by Frequent Buyer shall be considered accepted by Inlernet (an agreement) after 8 calendar days, and a valid Contract for Frequent Buyers shall be concluded if Inlernet fails to notify Frequent Buyer on the rejection thereof. Frequent Buyer is only entitled to sign the contract blanks related hereto in person (and thus to the acceptance of the terms and conditions of contract published on the Internet). Frequent Buyer is not entitled to authorize the representative of another natural person or legal entity to sign the contract blanks. Bona fide false representation shall be excluded in regard of the signing of contract blanks, therefore blanks signed for Frequent Buyer by another party are null and void, and may be contested indefinitely. A person who enters into a Regular Customer Agreement in someone else's name in bad faith, with the falsification of signature, commits the misdemeanour of using false private documents under Article 345 of the Criminal Code. In case of a reasonable suspicion of a misdemeanor, Inlernet initiates criminal proceedings against an unknown perpetrator before the relevant investigating authority.
9.3. On the basis of the present GTC, the Contract for Frequent Buyers is concluded for an indefinite period. The Contract for Frequent Buyers may be terminated with 30 days’ notice, as of the end of any calendar month, by any of Parties hereto by sending a written statement to the other party.
9.4. Termination-related as well as other statements indicated herein must always be made in writing. Statements sent via postal mail, e-mail, through the Web Office, or by fax received by the other party shall be considered written statements.
Statements sent via postal mail shall be deemed delivered on the day of delivery if delivery was successful and on the day of attempted delivery if acceptance was refused. If delivery of the document failed because acceptance was refused (it was returned with the endorsement “unclaimed”), then the document shall be deemed delivered, unless proven otherwise, on the fifth working days after the second attempt to deliver. Statements sent via e-mail or fax shall be deemed delivered if addressee’s device sends an automatic confirmation on successful delivery to the sender or if addressee expressly confirms delivery in writing via any of the above devices.
During the notice period both parties are obliged to perform those set forth herein. At the end of the notice period Inlernet and Frequent Buyer pay off all commissions from completed advertisements and purchases. After this, former Frequent Buyer may not claim commissions and other discounts of any kind, and the accountability obligation of Inlernet shall become void. Frequent Buyer is obliged to return, within 15 days of termination of the contract, any and all documentation and Inlernet-specific printed matter to the Customer Service Office operated by the Hungarian subsidiary of Inlernet (14 Zivatar utca, 1024 Budapest, Hungary). Inlernet is entitled to claim damages arising from Frequent Buyer’s default of the performance of the above obligations. If Frequent Buyer terminates the present contract by ordinary notice, then following the expiry of the notice period, and subject to approval by Inlernet, s/he may re-register with the Inlernet System and conclude a new contract with Inlernet Worldwide AG. In this case only her/his original, pre-termination Referee may be her/his Referee, and s/he shall not repossess her/his previously established Frequent Buyer group, which shall be connected directly to her/his Referee. Inlernet may reject requests for repeated conclusion of contracts without justification.
9.5. Parties may also terminate the present contract immediately, if the other party is in material breach of any of its obligations arising herefrom, and fails to remedy such breach upon the other party’s written request, except if such breach is so severe that the other party may not reasonably expected to maintain the contractual relationship.
Beyond the above, Inlernet has the right to immediately terminate the present contract at any time in the following cases:
- Frequent Buyer fails to perform her/his data supply or change notification obligations, or provides false information,
- Frequent Buyer makes statements, or otherwise behaves in ways, that infringes or compromises the reputation and business reputation of Inlernet,
- Frequent Buyer advertises or promotes the Inlernet System in forms not authorized by Inlernet, or uses Inlernet trademarks on her/his own materials without permission, or makes statements or assumes liabilities on behalf and in the representation of Inlernet without permission (without separate written authorization),
- Frequent Buyer modifies without permission, or counterfeits, informational matter, instructional matter, and presentations issued by Inlernet,
- Frequent Buyer accepts discounts other than the rebates published on www.inlernet.com and on its partner media from, and in cooperation with, Product Partners, circumventing the Inlernet System,
- Frequent Buyer receives or accepts the value of rebates offered by Product Partners and published on www.inlernet.com and on its partner media from Product Partners in cash or other direct form, circumventing the Inlernet System,
- Frequent Buyer receives, in cooperation with Product Partners, the full or partial value of Online Vouchers redeemable at Product Partners from Product Partners in cash, via bank transfer, or otherwise, circumventing the Inlernet System,
- Frequent Buyer fails, in spite of Inlernet’s request, to refund commissions paid to her/him on no valid ground,
- Frequent Buyer intends to enter other Frequent Buyers and Product Partners into the Inlernet System using provably incorrect information or in a misleading way, or misinforms them in regard of the use of the System and the leverages achievable through the System,
- Frequent Buyer misrepresents the Inlernet System to other or during her/his Referee activities as capital investment or other financial activity subject to licensing, or through misinformation represents it as a System performing other activities subject to licensing, or incompatible with, or expressly infringing, effective legal regulations,
- As a Referee, Frequent Buyer registers a third person with the Inlernet System as a new Frequent Buyer without the knowledge or consent of the person concerned,
- Performs any activity competitive to the Inlernet System, through which s/he causes material or moral damages to, or harms the market position of, Inlernet, in particular by establishing or operating a system described in Section 4.21,
- Frequent Buyer takes legal action of any kind (litigious or non-litigious) against Inlernet,
- Deliberately incurs damages to, or commits criminal action against, Inlernet or its partners,
- Behaves in ways that make further cooperation within the System impossible or extremely difficult.
9.6. In case of Frequent Buyer’s death, the present contract shall be transferred to the lawful heir of Frequent Buyer so that in the contract, Frequent Buyer shall automatically be replaced by her/his heir. Upon becoming aware of the death, Inlernet discounts, Entitlements, commissions, and leverages (hereinafter, jointly: Inlernet Entitlements) shall be transferred to a so-called Temporary Database until the grant of probate comes into force, or in case of probate litigation, until the final decision is delivered by the heir to Inlernet. The opening of the Temporary Database shall at the same time mean the prohibition of access to the Web Office, which however shall not concern the opportunity of obtaining Inlernet Entitlements. Therefore, Inlernet Entitlements related to the deceased Frequent Buyer may grow in the Temporary Database even before the new (heir) Frequent Buyer is named. Warrants related to the inheritance of Inlernet Entitlement made in auxiliary probate procedures may not be enforced in the Inlernet System.
In the probate procedure (in case of both legal inheritance and inheritance by will) only one person may be designated the heir of Inlernet Entitlements. Inlernet Entitlements may not be shared even in case of joint inheritance. If Frequent Buyer has multiple heirs, the heirs must designate a single person to inherit the entitlements. If the deceased Frequent Buyer designated no heirs, and the identity of the heir does not become known, the domicile of the heir is unknown, or the probate procedure closes without decision, then the Inlernet Entitlements shall be received by the Referee of the legator Frequent Buyer, except when the death of the legator Frequent Buyer was the result of the voluntary or negligent act of Referee (certified by final sentence to this effect).
If the heir of the legator Frequent Buyer is a registered Frequent Buyer of the Inlernet System, then the Frequent Buyer branch (together with Inlernet Entitlements related thereto) forming part of the estate shall not be added to the existing Frequent Buyer branch and its related Inlernet Entitlements of the heir. In this case the heir Frequent Buyer shall replace the legator Frequent Buyer, with the denomination “ZW heir of XY,” with names replaced. In this and only this case, the heir shall use services of the Inlernet System under two or more Frequent Buyer IDs with different Inlernet Entitlements. The Frequent Buyer ID of the legator Frequent Buyer shall not change after the inheritance, and thus forms part of the estate.
9.7. All provisions of the present Contract for Frequent Buyers shall remain effective until the day of extinction of the contractual relationship. In case of termination, the day of extinction is identical to the last day of the notice period. After the day of extinction, Frequent Buyer shall not be entitled to use the Inlernet System and thus, the Web Office, which shall be automatically closed by Inlernet to Frequent Buyer. If Frequent Buyer has paid only retainer for an Inlernet Voucher, then the retainer paid for the voucher shall not be lost and may be amended to the total voucher value within one year of the date of extinction of the contract, in accordance with those set forth in Section 5.12. If Frequent Buyer does not amend the retainer paid for the voucher within the period specified above, then the retainer sum shall be lost after one year.
10. Liabilities and Rules for the Enforcement of Claims
10.1. Inlernet and the companies in the Inlernet Corporate Group shall only be accountable to Frequent Buyer in case of any claims arising from or in relation to present contractual relationship to be enforced by Frequent Buyer by any virtue whatsoever, if damages were caused intentionally or by gross negligence, or if damages were caused by an Inlernet employee by committing crime; among such cases, only when due to damage attributable to Inlernet, the life, physical integrity, or health of Frequent Buyer or its employee comes to harm. Otherwise, Inlernet and the companies in the Inlernet Corporate Group disclaim liability in regard of any damages incurred to Frequent Buyer’s interests.
10.2. Inlernet and the companies in the Inlernet Corporate Group shall not guarantee, or warrant for, the permanent usability of the Internet, the Inlernet Website, Web Offices and/or telephony and text messaging services, and especially the availability of cell phone networks or other mobile terminals. Inlernet disclaims all liability for damages arising from the unavailability or faulty operation of the above, except when damages incurred for these reasons are attributable to willful misconduct or gross negligence of Inlernet.
10.3. Inlernet shall not be held liable for any misinformation or misleading information provided to Frequent Buyer by the Referee Frequent Buyer, or from any other Frequent Buyer or third party in regard of entering the Inlernet System, the structure and use thereof, about Inlernet Entitlements and the rates thereof. Issues in this regard shall be governed by the effective version of the General Terms of Contract and its Appendices published on www.inlernet.com; only these officially published documents may be considered official information provided by Inlernet.
10.4. Hereunder, force majeure events shall include all unavoidable events occurring for reasons beyond the control of Inlernet, in particular, but not limited to:
natural disaster, fire, flooding, official or court proceedings, official or court orders, emergency, riot, civil war, war, strike or similar work stoppage, as well as the permanent outage of the Inlernet Website and of other technical facilities providing access to the Inlernet Database for reasons beyond the control of Inlernet, which directly or indirectly results in the impossibility, lasting outage, or significant encumbrance of the operation of the Inlernet System or the delivery of contractual obligations of Inlernet. Inlernet shall not be held liable for non-delivery, lack of conformity, or default of its contractual obligations where this is caused by a force majeure event as set forth above. In case of the occurrence of a force majeure event, Inlernet is obliged to notify Frequent Buyer in writing (in such cases, announcements published on the Website also qualify as written notice) within 8 days. During the period of the force majeure event, effectiveness of the contract shall be suspended to the extent to which contractual delivery is not possible due to the force majeure event.
11. General Rules of Data Management
11.1. Inlernet processes and manages data provided by the Frequent Shopper as per this agreement, static and other data gained in relation with this agreement, and data gained from purchases made with the Inlernet Prepaid MasterCard. However, in the course of such data management and data processing Inlernet is obliged to observe the provisions set forth in the Data Protection Act. Inlernet may only use the above data for the identification of, and the checking of legal and business capabilities of, Frequent Buyer, as well as for the enforcement its obligations and rights set forth in the present GTC, and for making them accessible to Referees (Instructors) related to Frequent Buyer, in observance of the above mentioned legal restrictions.
11.2. Inlernet and the companies in the Inlernet Corporate Group may use Frequent Buyer’s data only for the performance of Inlernet System-related services as well as for the secure, permanent, and error-free operation of the Inlernet System (in particular for her/his identification and location within the Inlernet System); such data may not be transferred to unauthorized third parties, except for their making accessible for Referees (Instructors) related to Frequent Buyer.
11.3. Inlernet has the right to transfer Frequent Buyer’s known and processed data to companies in the Inlernet Corporate Group and to Referees (Instructors) related to Frequent Buyer, exclusively for facilitating the performance of Inlernet System-related services. By signing this agreement the Frequent Shopper specifically agrees to Inlernet and the companies of the Inlernet Company Group (Inlernet Célcsoport) gaining, processing, for the described purposes managing, and to sharing with other business organizations - especially with companies in contractual relationship or other business relationship with Inlernet and managing frequent shopper or other commercial systems - the data gained and processed as described above, mainly static data and other personal data used for frequent shopper identification and for identification needed for the certification of the legal basis of the management of previous data. If for these reasons, Frequent Buyer prohibits the transferring of her/his data, then Inlernet shall not be entitled to transfer such data. In this case Frequent Buyer acknowledges that limitation of the management of her/his data may hamper or limit the availability of Entitlements achievable in the Inlernet System.
11.4. By signing the present contract, Frequent Buyer gives her/his express consent that Inlernet may use her/his above mentioned data for advertising purposes and as a reference, particularly by sending text messages and e-mails. If for these reasons, Frequent Buyer expressly prohibits in writing the transferring of her/his data, then Inlernet shall not be entitled to transfer such data. Moreover, Frequent Buyer gives her/his consent that Inlernet may send information and advertisements to her/his e-mail address and cell phone number.
Frequent Buyer gives her/his consent, without remunerations of any kind, that photos and video recordings taken at Inlernet events for Frequent Buyers may be used and displayed by Inlernet in its other events, on the Inlernet Website, or otherwise, except if a given photo or video recording clearly infringes Frequent Buyer’s reputation or other personality rights.
12.1. If the present contract is concluded with a company (Bt, Kft, Rt, etc.), then the company representative must make sure that all provisions hereof are observed by all representatives, employees, officers, and professional consultants alike. In case of any breach of contract committed by the above mentioned persons liability shall rest with the company and its representative.
12.2. Present contractual terms and conditions shall be governed by the material law of Hungary, in particular the provisions of the Civil Code of Hungary, regardless of Frequent Buyer’s nationality and domicile. The parties must attempt to resolve any dispute arising out of, or relating to, the present contract peacefully through negotiations. If the matter is not resolved by negotiation, then parties submit to the exclusive jurisdiction of the Court of First Instance having jurisdiction where the principal place of business of Inlernet Worldwide AG is located.
12.3. Parties hereto must observe the provisions hereof in full. Frequent Buyer shall not be entitled to assign or otherwise transfer her/his rights and obligations hereunder to third parties without the prior written consent of Inlernet. This prohibition shall not be applicable (in case of companies) to legal succession defined in Act IV of 2006 on Business Associations. In case of the assignment of contractual rights, however, data supply obligations of Frequent Buyer shall be enforced more strictly.
The Inlernet Entitlements of Frequent Buyer, including Bonus Entitlements, may be transferred to other Frequent Buyers, conditional upon the termination of the Frequent Buyer relationship. In case of the transfer of Entitlements under the present Section, Inlernet shall have right of first refusal. In case of the transfer of her/his Entitlements, Frequent is obliged to request Inlernet’s written consent to such legal action and to call Inlernet’s attention to exercising its right of first refusal.
12.4. Already by signing the present contract, Frequent Buyer giver her/his express consent that Inlernet may assign or otherwise transfer some or all of its rights and obligations hereunder to third parties or companies, particularly to a company in the Inlernet Corporate Group; moreover, s/he consents to, and expressly acknowledges, legal succession taking place in regard of Inlernet.
12.5. The present General Terms of Contract constitutes the full agreement between the parties in connection with the Inlernet System, and shall prevail over, and replace, any and all prior or current written or oral agreement or contract related to the given issue. If any of the provisions of the present GTC are deemed invalid or unenforceable, such invalidity or unenforceability shall not affect the contract as a whole. Provisions of the contract not affected by such invalidity remain effective and enforceable. Parties hereto must apply the provision regarding the legal relationship between the parties that is valid and enforceable as well as closest in contents to the mentioned invalid provision, except if without the invalid provisions, or those deemed to be invalid, the parties would not have entered into the contract at all.
In case of conflicts between any of the provisions of the Contract for Frequent Buyers and the present GTC or its Appendices, the relevant section of the Contract for Frequent Buyers shall prevail in establishing and clarifying the contents and system of terms and conditions of the legal relationship between the parties.
Moreover, the interpretation of GTC shall be governed by short descriptions to be found on the Inlernet Website and by other explanations and information regarding the Inlernet System.
Following perusal and interpretation, parties hereto agree to be bound, in their mutual contractual relationship, by the present GTC and the provisions thereof, as one being in full compliance with their intentions.
1. March 2016