This is an unofficial, working translation of the „StayInPlay ÁLTALÁNOS SZERZŐDÉSI FELTÉTELEI” (GENERAL TERMS AND CONDITIONS FOR THE USE OF StayInPlay) for information purposes only. In case of any discrepancies between the two versions, the Hungarian version shall prevail.

General Terms and Conditions for the use of StayInPlay

(effective: from the date of 25th July 2020 until revoked)
HU / EN

Mandango Kft. (Mandango)

Registered Seat: 1192 Budapest, Hungária út 6. fszt. 4
Statistical Code: 12705771-7312-113-01
Tax number: 12705771-2-43
Company reg. No.: 01-09-699437

Contacts:

E-mail address: connect@stayinplay.hu
Website: https://stayinplay.hu

1. Introductory provisions
2. Definitions
3. Scope of the GTC
4. Use of StayInPlay application
5. Complaints handling
6. Miscellaneous provisions

1. Introductory provisions

1.1. These General Terms and Conditions (hereinafter: GTC) shall be deemed to be general contracting terms and conditions as referred to in Section 6:77 of Chapter XV of Book Six of Act V of 2013 on the Civil Code (hereinafter: Civil Code) and shall be treated as such. These GTC shall constitute inseparable parts of all contracts aimed at the use of „StayInPlay” mobile application. By using StayInPlay mobile application the GTC is deemed to be approved by You. The contract cannot be validly concluded without the express acceptance of the GTC
1.2. Please read the contents of these GTC carefully before using the services provided by Mandango Kft. This Agreement contains the legally binding terms and conditions required for the use of the "StayInPlay" Application (hereinafter: ‘APP’) and the services available under the APP (hereinafter: Services). By using the Service in any manner, including without limitation pressing ,,Let’s go” button, you indicate having read, understood and consented to the terms and conditions set out herein. n. If you do not wish to comply with the contents of these GTC, please do not use the APP or the Service, and/or please do not attempt to use the APP.
1.3. User's consent of GTC is needed in order to Service can be rendered.
1.4. The Service Provider reserves the right to amend or replace these GTC at its own discretion, with the proviso that it shall publish the current provisions on the Website.

2. Definitions

User: Owner of those smartdevice/smartphone (hereinafter together referred as: mobile device) on which the APP was downloaded, who considers these GTC as mandatory.
Mobile Application or APP or StayInPlay Application: an application (IT solution) developed for and running on mobile devices through which the User can enlist the Service.
Mobile device: technical device capable of mobile data traffic and mobile communication, including especially, but not limited to smart phones, tablets, smartwatch, etc.
Service: An adventure game which can be played by StayInPlay Application on places determined by the provider/ indicated in the APP.
Place determined in Mobile application: Institution, monument, public space where Service can be rendered throughout the APP.
Service Provider: The Mandango Kft., who renders the available Service throughout the APP.
Place provider: Contracted partner of the Provider, which is an (public) institution, or an entity who responsible for the building etc, who holds the right to dispose the place of the adventure game.
Contracted Partner of the Service Provider: A third party who might take part in the adventure game in some way in given place.
Website: means www.stayinplay.hu website.

3. Scope of GTC

3.1. The personal scope of the GTC affect the Service Provider, and the User using the APP. The terms of the legal relationship between the Service Provider and the Place Provider(s) and the Contracted Partner of the Service Provider(s) are contained in separate contracts.
3.2. The GTC shall be effective from the date specified under the title, until withdrawal.
3.3. Service Provider reserves the right to change the method and circumstances of providing the “StayInPlay" Application in compliance with the provisions applicable to the amendment of the GTC, and to cease to offer the "StayInPlay" Application.
3.4. Should any provision of the GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions hereof.
3.5. If GTC are amended, the Service Provider shall publish the fact of the amendment, the effective date of the amendment and the complete new wording of the GTC effective in the future at least 15 (fifteen) calendar days prior to the effective date of the amendment on the Website and make it available at its Website furthermore makes it directly accessible and legible in the APP. User receives notification in a pop-up during the use of the APP, or upon the next use of the APP after the amendment of GTC.
3.6. If the User continues to use the Service after the effective date of the amendment to the GTC, it is regarded that he/she accepts the new GTC with its amended conditions.

4. Use of,, StayInPlay” Application

4.1. Use of the APP

4.1.1. We would like to draw your attention, that using the APP please pay attention for your and for others physical integrity to avoid any accidents, and injuries. In the event of APP is used by minor (underage) person please during the use of the APP his/her parent/guardian pay close attention on the activity of infant
4.1.2. The User can download the APP free of charge from the Application Store assigned to his/her device’s operating system by default. The Service Provider shall not be liable for the operation of the application store.
4.1.3. Every User can use the APP only for his/her responsibility, and no demands may derive in any cause, including a cause which is attributable to Service Provider, they cannot use the SatyInPlay application as it was published or advertised previously.
4.1.4. For the use of the APP continuous internet accessibility is required. In relation to networking, data trafficking problems etc. emerges on the side of telecommunication providers the Service Provider excludes its responsibility.
4.1.5. During the use of APP, the location function of the device shall operate. Any location data is not recorded or saved by the Service Provider.
4.1.6. Age limit for the use of the APP:
- The use of APP is not recommended for person under the age of 6;
- The use of APP is not allowed between the age of 6 and 12 without permission of adult (parent/guardian) and without continuous supervision of an adult (parent/guardian);
- The use of APP is allowed over age of 12 only if adult (parent/guardian) permitted the use and during the use supervision of an adult (parent/guardian) is available even if the owner of the device is the person who is minor.
4.1.7. For starting to use the Service and to use it without disruption QR codes situated by the Service Provider with the permission of the Place Provider are necessary. These QR codes can be situated in public area, or (private) area which is visited by huge number of visitors. The exact locations of the mentioned QR codes can be searched in the APP by using the map applied by the APP. Any damage or loss or illegibility (impossible to scan) of these QR codes the Service Provider does not hold responsibility. Furthermore, Service Provider excludes its responsibility in case of the error of the device of the User.
4.1.8. Service Provider does not hold responsibility for obstacle(s) emerge(s) on the side of the Place Provider, in particular but not exclusively opening hours, pricing, availability, capacity, other programmes determined and organized by the Place Provider.
4.1.9. Service is available only in determined places. Places can be – among others – public area, public/private institution, private area etc. In every place the Place Provider hold the right to establish regulation, house rule etc. Service Provider excludes its responsibility in case these regulations, house rules are breached by any User.
4.1.10. Service Provider excludes its liability for any services rendered by third party, including Contracted Partner of the Service Provider and the Place Provider.
4.1.11. During the use of the APP User should not breach the Hungarian law, especially but not limited the Traffic Road regulations. Service Provider cannot be liable if the Hungarian law is breached by the User during the use of APP.
4.1.12. During the use of APP every User should use its device in a proper manner. Service Provider does not hold any responsibility in case a device is used unproperly, and so damage occurs in it.
4.1.13. During the use of APP every User should act with reasonable caution. Service Provider cannot be liable for any pecuniary damage, and non-pecuniary especially but not limited personal injury and its consequences.
4.1.14. Service Provider situated tools and objects in particular, but not only digital chests, steel plate with QR codes etc. (hereinafter: tools and objects). User should use them in a proper way. Service Provider does not responsible for any pecuniary and non-pecuniary damages, personal injuries which are occurred due to unproper use of tools and objects. Service Provider holds the right to sue for indemnity against the person or its parent/guardian under whom supervision the damage was occurred in the tools and objects.
4.1.15. References (links) related to other websites might be or might occur on the Website or in the APP. Service Provider excludes all responsibilities for the content of these websites and for their privacy policies and their confidentiality protocol.
4.1.16. StayInPlay Application and the Website does not contain and does not advertise any kind of adult content (e.g. alcohol, tobacco products, controlled substances, gambling etc.). APP (application) does not contain violence, bloodshed, sexual, dating, relationship content and other shocking content.

4.2. Other conditions for using the Service

4.2.1. Service Provider may interrupt Service provision temporarily, for the period of carrying out the necessary maintenance and refreshing works. 4.2.2. It is prohibited to perform information technology manipulation or reproduction of the APP by reverse engineering or reverse modelling or in any other manner. Any violation of this prohibition shall be deemed to be a breach of agreement, and the User concerned shall be obliged to refund all damage arising out of this.
4.2.3. The image of the APP, as well as its sorting, layout and editing and the content itself (hereinafter: Content) shall be protected by copyright law due to its individual and original nature. The entitled person of the copyright is Mandango Kft., therefore exclusively Mandango Kft. is entitled to grant permission for copyright legal usage to others. Without the prior written permission of Mandango Kft., it is prohibited to duplicate, to copy, to republish or to distribute the whole APP or any part of it in any form, except, where Mandango Kft. clearly and explicitly states that it permits any such uses. It is also prohibited to create or modify any material or work originating from the Content or based on it, including especially the creation of fonts, icons, buttons, links, wallpapers, screensavers, text, image, graphics, logos, postcards, photos, audio and video material, or making available any such material or their distribution, marketing or sale without permission.
4.2.4. The APP and any software product serving as a basis thereof are protected by the Act Nr. LXXVI of 1999 on Copyright Law and by other legal provisions concerning the use of intellectual property works. The User acknowledges that by downloading the application, he/she is granted limited, non-exclusive, non-transferable right to use without any ownership right. Any right concerning the APP and the software product – especially, but not exclusively the permission of any change, actualization, update, distribution, replication, documentation, modification and further usage, as well as publication and other possible rights – are owned by the Service Provider. The structure, design and code of the APP are regarded as the vocational and trade secret, as well as the confidential information of the Service Provider. The APP may only be used under the conditions of the GTC.
4.2.5. The Service Provider consents to the User’s downloading of the APP to its mobile application free of charge and therefore to be granted one-time, limited, non-exclusive right to use concerning the APP as specified above. For any business-related use, the prior, written permission of Mandango Kft. is necessary. The User must respect every copyright and other rights concerning the Content. The User must take into account the civil law (Chapter XII of the Act Nr. LXXVI of 1999 on Copyright Law) and criminal law (Chapter XXXVII of the Penal Code) consequences of the breach of copyright law.
4.2.6. In case the Service Provider makes the update of APP downloadable, then the updated APP will replace and/or complete the product serving as a basis for the update. The User can only use the resulting updated APP according to the present GTC regulations.
4.2.7. The User is obliged to ensure that he/she does not use the APP in the way that it distracts the attention and prevents him/her from keeping the traffic rules or the security regulations.
4.2.8. The prerequisite for use is that Users may not use the Service for purposes other than those set out in these GTC and in the laws. Users may avail themselves of the Service only in person, for non-commercial purposes. Users shall be liable for all activities related to the use of the Service.

5. Complaint handling

5.1. The User may contact the Service Provider with his/her complaints in writing, using the mailing platform (so-called Mailing Client) in the APP, or throughout the following e-mail address: connect@stayinplay.hu.
5.2. Service Provider shall order a unique identification number for the received complaint about which the User is informed by the Service Provider in the Service Provider’s answer.
5.3. In the event of customer disputes, Users may contact the arbitration boards having competence at the User’s place of permanent or temporary residence. The seat, phone contact, internet contact possibilities and mailing address of such arbitration boards can be found at https://fogyasztovedelem.kormany.hu
5.4. In the event that the complaint is rejected, the Service Provider must inform the User in writing about the authority or arbitration board where a procedure may be initiated concerning the complaint, subject to the complaint’s nature. Furthermore, the information thus provided must contain the seat, phone and internet contact details and mailing addresses of the competent authority and/or the arbitration board having competence at the consumer’s place of permanent or temporary residence. The information shall also include whether the business avails itself of the arbitration board’s proceedings in order to settle the consumer dispute

6. Miscellaneous provisions

6.1. Force Majeure
It shall not constitute a breach if any of the contracting Parties is not able to perform its obligations set out in this agreement for any reason not attributable to any of the Parties (force majeure). A force majeure event includes any unforeseen event that cannot be prevented by human power (e.g. war, earthquake, flood, fire, terrorist action, etc.), which do not depend on the will of the Parties and directly impede the particular party in fulfilling the contractual obligations.
6.2. The Parties agree that all issues regulated in this agreement – including the issue of the validity of the agreement, as well as the contractual stipulations, representations, covenants and obligations – shall be decided by applying the rules of Hungarian law. Third parties not expressly granted any rights hereunder may not demand services stipulated in this agreement.
6.3. The Parties shall attempt to settle all disputes related to this agreement amicably. Disputes that cannot be settled amicably shall be settled before the Central Court of Pest, or the Capital Court. The jurisdiction depends on the litigated amount.
6.4. The valid GTC can be downloaded and saved from the Website (https://stayinplay.hu) as You wish.