INFORMATION IN COMPLIANCE
In compliance with the identification duty required by Article 10 of the 34/2002 law dated July 11th for information Society Services and Electronic Commerce, the owner of the web site www.phodil.es (herein after “the website”) is Octapulse Korlátolt Felelősségű Társaság, (herein after “phodil”), who can be contacted through our Email support@phodil.com
PERSONAL DATA PROTECTION
In accordance with the Personal Data Protection organic law, phodil would like to inform you that the personal data voluntarily submitted through the forms will be included in an automated file owned by phodil in order to fulfill the services requested by you. These data would be given to third parties whenever connection with said third parties is mandatory to give you the service requested.
Likewise, you authorize the use of your data to send you information on products and services offered by phodil that we consider may be of your interest. Your consent is understood as given unless you expressly revoke that consent in writing. You may exercise your rights of access, amendment, cancellation and opposition, in accordance of the Personal Data Protection organic law 15 /1999, dated December 13th. In the same way you may request to be excluded from our electronic communications services. To exert such right, please contact us through our Email support@phodil.com
GENERAL CONDITIONS AND REQUIREMENTS FOR THE USE OF THE WEBSITE
In the present General Conditions the following concepts will have the meaning here indicated. It is considered “Service” all the functions, installations, applications, informations or any other service thay may be obtained through the website. The word “User” refers to any person accessing or using the website, with or without authorization from phodil.
PERMITTED USE AND FORBIDDEN US OF THE WEBSITE
phodil allows the user unlimited Access to the website and its contents, as well as its use as a support and communication resource, only for the purposes determined on the website, as long as all indications regarding intellectual property and copyright – in case they exist – regarding the website content.
All other uses of the website, including all uses different from the above mentioned, as well as modification, distribution, transmission and/or download of the website (excepting page caching), new publications or reverse engineering without the express permission in writing from phodil are forbidden – as long as this prohibition is not void according to applicable law. Authorization to access the website does not include, in an expository manner, commercial use or distribution of the website content, register of any list, description or price of products, supports or services, as well as the derivative use of the website or the website content, (including framing), the download or copy of information in benefit of other sellers, any use of data mining tools, bots or similar for the registry and extraction of data, any use of the website content in any place of the website server or computers attached to a network or the use of the website content to suggest any relation with products, support or services by or from phodil.
It is expressly forbidden to use the website in any way that contravenes the present conditions or that breaks any applicable law or similar dispositions, or that causes or could cause damage, interruption or harm to the website or its services. It is forbidden as well for the user to Access without authorization to any place of the website or to other customer’s accounts or to network system linked to the website, be it through hacking, mining, password or in any other way.
COPYRIGHT – OWNERSHIP OF THE DOCUMENTS PUBLISHED ON THE WEBSITE
phodil does not transfer any right to any website content downloaded or used by the user. The website content, including but not limited to its selection and disposition, is a property of phodil, with all author rights and other rights reserved. The limited authorization for the use of documents from the website is expressly conditioned to the acceptance, observance and safeguard of all indications on the website content on author rights, registered trademarks, and other protected rights, as well as all protected rights and other rights of intellectual property involving phodil.
Unauthorized use or coy of the website content or any use of it that contravene present dispositions may be a violation of trademark rights, of intellectual property or any other protected right, as well as dispositions of civil or criminal law. It is forbidden to use any website content – or any document made available through the website – in a way that represents a violation of trademark rights, of intellectual property or any other protected right. phodil reserves every right to such unauthorized use or non-compliance of this conditions.
REGISTERED TRADEMARKS
All trademarks, brands, logos, internet addresses, product denominations, style names or derivations that describe any product, support or service of phodil are registered trademarks and/or propriety of phodil.
The use of these brands or its modifications is strictly prohibited (except with express authorization in writing from phodil).
Other product denominations or firms used in the website may be registered trademarks of the corresponding owner.
NON-GUARANTEES – SERVICES AND DOCUMENTS PUBLISHED ON THE WEBSITE
All website content and all services are made available “as is” and “as available”, and phodil excludes in the widest possible sense according to the relevant law – all guarantees and promises of any kind (“guarantees”), may them be expressed or implied, on the website content and services, including, to name a few, concluding guarantees of salability, satisfactory quality, suitability for a certain objective and non-violation of third-party intellectual property protected rights.
It is established, amongst other things, the following:
- phodil makes no promise that the website is suitable in, available or ready to be accessed at any location. Whoever accesses the website and makes use of the website content and/or services is responsible for the compliance to any related law or disposition, including all applicable laws.
- Even though phodil has tried to verify the exactitude, reliability and currency of all the website content, including, to name a few and in correspondence – data on products, prices, characteristics, service, support and others, as well as descriptions received from third parties, phodil gibes no guarantee whatsoever regarding the exactitude of declarations of any kind included in the website. All materials, products, support, services or information contained in the website or referred to in them may be obsolete. phodil has no compromise to constantly update the website content. phodil releases themselves from any responsibility for errors or omissions on any kind in the website content – provided said release is not incompatible with the guaranties and other conditions established regarding the sale of products and/or services from phodil). Any decision taken based on informations included in the website content (or the user) is the user’s sole responsibility.
- phodil cannot guarantee that the functions or services in the website or other interactions through it will be continuously available, with no interruptions, safely and free of error, or that all errors will be corrected, or that the website or server making the website available are free of virus or other damaging components. phodil will not assume any responsibility for whatever damage or virus harming or invading your computer equipment or other property resulting from your access to the website or its use, including, among others, the download of images, software and other website content. In the case that the website contents generate some need for service, repair or correction of the user’s equipment or files, all cost will be borne by the user.
- If the exclusion of guarantees by phodil described above is forbidden according to the relevant law, phodil will effect said exclusion, restriction or limitation only up to the maximum extent admissible according to said law.
EXONERATION OF RESPONSIBILITY REGARDING THE INFORMATION PUBLISHED IN THE WEBSITE
phodil and the rest of the people and companies working on the development, manufacturing, hosting or content supply of the website will not incur in any responsibility for direct, indirect, concrete or incidental consequential damages or for an compensation including a penalty, for instance, for loss of data, non-obtained benefits, interruption of business or loss of time, or damages of any kind – among others, for damages caused for negligence or any other crime – caused by the use of the website content or the impossibility to use it, even when the possibility of said damages has been reported to phodil or any of its authorized representatives.
According to relevant law the exonerations of responsibility contained in this section may all be forbidden. If so, exonerations of responsibility will be applied only up to the maximum extent admissible according to said law.
LINKS TO AND FROM THE WEBSITE
It is mandatory that you apply for and obtain authorisation in writing from the website operator before setting a link to the website. So called “deep linking” is strictly forbidden. All links to the website must lead to the home page, and must make clear that the website and its content have no relation whatsoever with the website containing said link, and also that phodil is the owner and/or operator of the website. phodil may establish hyperlinks to other websites or its resources. Acceptance of said links to the website is merely complacent and does not imply that phodil accepts the other website or any relation with its operators. phodil requests the user to trust their own discretion when visiting the websites and resources from phodil or third parties.
The relationship established by any user with external websites is completely at the user’s risk.
phodil has not verified the exactness or reliability of the information of the websites or external resources that are linked to the website through links, or are accessed through the website, or that contain links to the website or websites of phodil, does not support contents, promotions products, support, services or any other material that may be obtained through said websites or external resources or through them, and phodil does not assume any responsibility for said materials. phodil cannot be responsible for the accuracy, fulfillment of author’s rights, legitimacy or decency of materials and information contained on the website or external resources, excluding any guarantee for them, be it expressed or implied. phodil will not assume any responsibility, direct or indirect, for any damage or harm caused or supposedly caused by the use of any content, product, support or service available in or through the website or external resources, or for the trust in them.
USE OF SESSION COOKIES
With the purpose of monitoring the user’s session, phodil’ website uses session cookies when the user navigates through the website and webpages. Through these cookies the system identifies the user, and at the same time keeps his personalization, data regarding the current purchases and other data of the account of the client firm phodil. Cookies used at the website cannot read data from your hard drive. These cookies store identity codes from the established session but not from you personally. Cookies used are not harmful and are only used during the user’s session
CANCELLATION
With the exception of a service or Access submitted to abonnement fees, the user can cancel at an time his special rights to the use of the services of the website and the rest of the content of the website by deleting all content from the website that has been downloaded, as well as all copies stored or installed anywhere. The rights of the user to use the services of the website and the rest of the website content will cease immediately, with our without prior warning, at the sole discretion of phodil in the case that the user infringes any of the dispositions in the present conditions.
phodil reserves the right to cancel the access of the user to the website at any time without stating the cause. After a cancellation the user must stop the use of any copies of the website content in his possession and delete them.
Governing Law and Jurisdiction
These Terms of Service (“Terms”) are governed by and construed in accordance with the laws of Hungary. By accessing or using our services, you agree that any disputes arising from or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Budapest, Hungary.
Compliance with Local Laws
While our company is registered in Hungary, we are committed to complying with applicable laws in the regions where we operate. If you are purchasing from the United States, please note that our products and services are intended to comply with all relevant U.S. consumer protection laws, including but not limited to, warranty obligations, return policies, and privacy regulations.
Limitation of Liability
Our company shall not be held liable for any damages resulting from the use of our products or services beyond what is mandated by Hungarian law. However, in jurisdictions where additional protections are granted to consumers, such as in the United States, we will adhere to those protections as required by law.
Amendments
We reserve the right to amend these Terms at any time to reflect changes in our business practices or to comply with legal requirements. Any amendments will be posted on our website and will become effective immediately upon posting.
MODIFICATIONS OF THE WEBSITE AND THE PRESENT CONDITIONS
phodil and/or External Suppliers can at any moment with or without prior warning improve or modify the products, characteristics, support, services, programs, prices and/or the rest of the website content.
phodil may announce the modification of these conditions (or any other website content) by post on the website or other means of communications. The user accessing the website after the introduction of said modifications are bound to comply with them once they have been posted on the website or advised through other means, even if the user does not access the page in which the new conditions or modifications are posted.