REGULATIONS ON RENDERING ELECTRONIC SERVICES AND WEBSITE TERMS OF USE
REGULATIONS ON RENDERING ELECTRONIC SERVICES AND WEBSITE TERMS OF USE
- GENERAL PROVISIONS
- DEFINITIONS
- SERVICES RENDERED BY THE SITE
- WEBSITE AND MOBILE APPS TERMS OF USE
- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- SAFETY OF USING THE SERVICE
- CONDITIONS FOR CONCLUSION AND TERMINATION OF AGREEMENTS ON PROVISION OF SERVICES BY ELECTRONIC MEANS
- PERSONAL DATA PROCESSING
- RIGHT TO WITHDRAW AND TERMINATION OF THE AGREEMENT
- COMPLAINTS PROCEDURE
- GOOGLE AND APPLE
- FINAL PROVISIONS
I. GENERAL PROVISIONS
- The Regulations, issued according to Act CVIII of 2001 on Electronic Commerce and on Information Society Services define:
- kind, scope and technical conditions of rendering by I.T. Hungarian Cinemas Ltd. with its registered office in Budapest, services by electronic means via „Site” available in the Internet, address: https://www.cinemacity.hu (which, for the purposes of these Regulations also includes services provided via the Cinema City mobile application).
- conditions that need to be satisfied to accept applications on conclusion of the Agreements (hereinafter “Application”) by means of the Site,
- rules and procedures of claims processing,
- website terms of use.
- Regulations are available free of charge on the web site https://www.cinemacity.hu/regulations in a form allowing for its reading, recording and printing out a single copy of for the User’s informational, personal, non-commercial use during the term of any Agreement (as defined in § Definitions). Each User shall be obliged to become familiar with its content before commencing to use the Services.
- The Regulations shall be governed by Hungarian law.
- User who wishes to use the Services available by means of the Site, has to accept the Regulations (which are available both in Hungarian and in English) and undertake the duty to follow the rules presented herein. Commencing to use the Services shall be understood as full acceptance and confirmation of understanding of the Regulations and conclusion of an agreement on rendering the Services with no need to draw up a separate agreement. Each User, from the moment of undertaking an action, referred to hereinabove, shall be obliged to follow provisions hereof.
- The User shall be a natural person at least 14 years of age or older. If the User is a natural person with limited legal capacity, he/she may use the Services subject to the consent of the parent or legal guardian, made available in writing at any time upon Cinema City's request.
- In cases not regulated in these Regulations on rendering electronic services, and in particular to submit declarations of will in electronic form, provisions of the Civil Code (Act V of 2013), Act CVIII of 2001 on Electronic Commerce and on Information Society Services, Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information, Government Decree 45/2014. (II. 2) Korm. on the detailed rules of contracts between enterprises and consumers, and other relevant legal acts shall apply.
II. DEFINITIONS
- Whenever the following capitalized terms are used below in the Regulations, they should be understood in the sense indicated below, unless the context of their use clearly indicates otherwise:
- „Regulations”- the regulations defining the rules for provision and use of services offered through the Site, by Cinema City.
- „Service Provider” or „Cinema City” - I.T. Hungarian Cinemas Ltd., with registered office at 1132 Budapest, Váci út 22-24. 1. em, entered in the Companies’ Register kept by the Court of Registration of the Metropolitan Court, , under number 01-09-663792.
- „User” – a natural person who uses the services provided by Cinema City electronically, under the terms set out in the Regulations.
- „Site” – internet website, address: https://cinemacity.hu/, including the Cinema City Mobile Application, administered by Cinema City and other websites and applications owned or operated by or on behalf of Cinema City from time to time. The Site functionality may depend on whether the User uses the website or the mobile application.
- „Contact form” – functionality enabling the User to send messages to Cinema City via a shared form
- „Service” – a service provided electronically by Cinema City via the Site to the User, based on the Regulations;
- Personal Data - means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly;
- „Account” – an individual online account of the User, under which the data of the registered and logged User are collected;
- „Registration” – filling in and sending by the User, the data to Cinema City via the form, resulting in opening of an Account and use of the Service;
- „Password” - a string of alphanumeric and special characters specified by the User, necessary to authorize the User during Registration and subsequent Logging.
- „Login” – User's e-mail address provided during Registration
- „Logging” – entering an individual identifier (Login) and Password, allowing access to the contents of the Account, after prior registration by the User;
- „Agreement” – agreement on provision of electronic services, the conclusion of which is through the acceptance of the Regulations and starting to use the Service, under which Cinema City provides electronic services to the User.
- Mobile Application – an application that Cinema City provides to the User, available to download from App Store (IOS) and Google Play (Android).
- Privacy Policy – rules for collecting and processing Users' personal data and for storing and protecting information.
III. SERVICES RENDERED BY THE SITE
- Services provided by the Site may be free of charge (i.e., Services that do not require payment by the User) or paid (i.e., such which result in a duty to pay by the User). Some of the Services may also require Registration.
- Cinema City through the Site may provide the following services electronically:
- Service to view the content of the Site, including the possibility of displaying information about Cinema City, our cinemas, films, etc.
- Service of the Contact Form;
- Account access and management service;
- Service to reserve seats and purchase tickets online to Cinema City’s cinemas;
- Service to purchase e-gift vouchers and to use e-gift vouchers, the Vouchers and gift cards on the Site;
- The Site may also provide other services, under the terms and conditions described in separate regulations, available at https://www.cinemacity.hu/regulations
- User’s use of the Mobile Applications is also subject to the terms of the operating systems providers, such as Google Play Terms of Service https://www.google.com/mobile/android/market-tos.html and Apple Media Services Terms and Conditions https://www.apple.com/legal/internet-services/. If and to the extent the Apple App Store or the Google Play Store modify their respective terms and conditions for downloading or using mobile applications, Cinema City shall not be responsible or liable for any such modifications, including any that vary from this Agreement.
- We may update, change, withdraw, suspend or restrict availability or access to any of the Services (or any part of them) from time to time to reflect changes to our products, our users' needs and our business priorities or technical reasons.
- Service to view the content of the Site
- In order to use the Services, with no need to Register, Users should read the content of these Regulations and the Privacy Policy before using the Service.
- The agreement on provision of the Service to browse the content of the Site is concluded after reading the terms of the Regulations and Privacy Policy before using the Service and is concluded for the time of actual use of the Service.
- The User may terminate use of the Service at any time. Legal consequences of termination of the use of the Service are determined by mandatory legal regulations, appropriate due to the legal nature of the Service provided, as well as the factual circumstances.
- If the User leaves the Site, the Agreement on provision of electronic services is terminated with no need to submit additional declarations of will.
- Contact Form Service
- In order to use the Services, it may be required to register. Users should read the content of the Regulations and the Privacy Policy before using the Service.
- The agreement on provision of the Contact Form Service is concluded after reading the terms of the Regulations and the Privacy Policy before using the Service at the time the User fills in and sends the Contact Form, providing the data that are necessary to commence to use the Services and it is concluded for the time of actual use of the Service.
- The User bears full responsibility for all consequences resulting from improper filling in of the form by the User, in particular consisting in providing by the User incorrect, untrue, inaccurate, incomplete or misleading data.
- When using the Service the User should only provide personal data necessary to enable a proper use of the Service. The User should not provide confidential data such as: payment card details, health related information or personal family situation.
- Account access and management service
- The condition that needs to be satisfied to benefit from the Account access and management service is to register and read the content of the Regulations and the Privacy Policy and their acceptance before using the Service.
- Registration takes place through proper completion by the User of a dedicated Registration form, including entering personal data, marked by Cinema City as necessary to start using the Service, establishing the Login and Password, expressing necessary statements including consents, accepting the Regulations and the Privacy Policy by sending an application for opening a Cinema City Account.
- To register an Account, the User must have full legal capacity or be at least 14 years of age and have limited legal capacity, with the provision that he/she is acting with the consent of a parent or legal guardian to take actions to conclude a contract and submit declarations and consents in accordance with the Regulations and Privacy Policy.
- The User is obliged to provide data marked as require The data provided by the User should be current and true.
- In order to ensure correct performance of the Agreement, the User is obliged, in particular, to immediately update data, including personal data, provided in connection with conclusion of the Agreement to the extent necessary for its proper implementation.
- The User is obliged to use the Service in a manner consistent with provisions of applicable law, provisions of the Regulations, as well as with the customs and rules of social conduct adopted in the given area in a way that is not inconvenient for other Users.
- The User gains access to the Account after completing the Registration process.
- Automatic login of the User and access to the Account shall constitute confirmation of the proper process of Registration.
- The User obtains access to the contents of the Account by entering the Login and Password each time on the Site in the Login form.
- Registration is necessary to access the Account's functionality described in the Regulations.
- Within the Account, the User may use the functionalities of the Account access dedicated to the Service, in the scope currently operated and made available for use by the User by Cinema City
- The User may close the Account in the menu of the Account – by clicking the relevant button and confirming the decision. After the Account is closed:
- The user is logged out without the ability to log in back;
- The User loses (a) the management abilities that the Account brings, (b) access to the contents of the account incl. the history of past bookings, (c) the ability to store personal information and payment details, (d) the ability to receive special offers dedicated only to the Account Users;
- All future bookings of the User remain active;
- User data provided at registration may be anonymized in accordance with rules described in the Privacy Policy;
- Reservation of Seats and purchase of tickets to the Cinema City’s - cinemas
- The service of reserving seats and purchasing tickets online to the Cinema City's cinemas for:
is provided on the basis of separate regulations for provision of this service – it is available at https://www.cinemacity.hu/terms-and-conditions-of-online-reservation-and-purchase. - In order to use the Service, it is necessary to read the contents of the above-mentioned Regulations and the Privacy Policy and accept them before using the Service.
- The service of reserving seats and purchasing tickets online to the Cinema City's cinemas for:
- Purchase and/ or use of the Vouchers and gift cards and e-gift vouchers Services
The service of purchasing and using e-gift cards and using physical gift cards, vouchers and e-gift cards on the Site requires conclusion of the Cinema City Rules and acceptance of separate regulations available at https://www.cinemacity.hu/appendix2, as well as acceptance of the Privacy Policy.
- Teachers Club Services
The service of Teacher Card requires conclusion of T&Cs of Teachers Club and acceptance of separate regulations available at http://tanarimoziklub.cinemacity.hu/adatkezelesi_tajekoztato, as well as acceptance of the Privacy Policy.
IV. WEBSITE AND MOBILE APPS TERMS OF USE
- We may make changes to our Site.
- We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities or technical reasons.
- We may suspend or withdraw our Site.
- Our Site is made available free of charge.
- We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
- We may suspend or withdraw or restrict the availability of all or any part of our Site and or services for business, technical and operational reasons.
- You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
- Territorial range
- Our Site is directed to people residing in Hungary. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
- We are not responsible for websites we link to.
- Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
- Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites or resources.
- Rules about linking to our Site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Site in any website that is not owned by you.
- Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
- If you wish to link to or make any use of content on our Site other than that set out above, please contact us at 0680800800 toll-free - or at our normal telephone number +36 1 999 6161 - customer service number.
- We are not responsible for viruses and you must not introduce them
- You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Technical requirements necessary for proper use of the Site:
- software: having any browser installed and running that supports the JavaScript application;
- program enabling previewing and printing of files saved in JPG or PDF format;
- internet browser version 6 and above or Firefox version 2.0 or higher;
- minimum resolution (800 x 600) or higher.
- The following technologies may be used on the Site: Java, JavaScript, Macromedia Flash, XML, PHP, DHTML, cookies, HTML, CSS.3.
- Electronic Services are usually provided 24 hours a day, 7 days a week; Cinema City reserves the right to disrupt the functioning of the Site if they are caused by repair, maintenance or modification of hardware or software and causes independent of Cinema City, or to disrupt or suspend the functioning of the Site even in Cinema City’s sole discretion.
- All data are encrypted using Secure Sockets Layer (SSL).
- Closing the User's browser may result in deleting of data sent to the Site. All settings affecting storing or deleting of the session are in the User's browser.
- Disabling cookies does not usually block the use of the Services, but may in some cases cause difficulties in connection to the Site.
V. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- The Site contains content protected by copyright, industrial property rights and intangible assets protected by intellectual property rights. All content presented on the Site, in particular graphics, trademarks, logos, icons, photos, videos and other content may not be reproduced or disseminated in any form and in any way.
- No part of the publication (including: text, graphics, logos, icons, images, photos, audio files, video files with data, presentations, programs and any other data) presented on the Site should be reproduced or distributed without prior written permission of Cinema City.
VI. SAFETY OF USING THE SERVICE
- The User bears responsibility for the fact that the data provided by him is consistent with the facts.
- The User undertakes the duty not to take illegal, offensive or potentially interfering or damaging actions on the Site.
- It is prohibited for the User to provide any unlawful content via the Site.
- The User is obliged to protect the information enabling his identification in electronic access channels, in particular, in relation to an Account, by not sharing the Login, Password.
- The password for the Account should be changed periodically by the User. For a security reasons, it is recommended to create a strong Password be created, avoiding passwords being words from the dictionary, easy, predictable.
- Cinema City shall not be liable for the consequences of the User providing information enabling his identification on the Site by unauthorized persons.
- The User undertakes not to disclose his Account to persons other than the User and bears liability for factual and legal actions made as part of the Site's functionality through the User's Account in connection with the unauthorized access to the Login and Password.
- If it is suspected that the Login or Password has been taken over by unauthorized persons, the User is obliged to immediately change the Password or contact Cinema City by sending a message via the Contact Form.
VII. CONDITIONS FOR CONCLUSION AND TERMINATION OF AGREEMENTS ON PROVISION OF SERVICES BY ELECTRONIC MEANS
- Use of the Site by the User means acceptance of the provisions of the Regulations and conclusion of the Agreement, without the need to prepare separate documents.
- The Regulations are available on the Site or at the Internet address provided to the User prior to conclusion of the Agreement, in a manner that enables acquisition, reproduction and recording of its content by means of the ICT (Information Communications Technology) system used by the User.
- Agreement on provision of Services referred to in section 5 of Clause III is concluded for the duration of the Services and is terminated when the User ceases to use these Services, i.e. when the User leaves the Site.
- Agreement on provision of Services referred to in section 6 of Clause III is concluded for the duration of the process of handling the inquiry resulting from the Contact Form.
- Agreement on provision of Services referred to in section 7 of Clause III shall be concluded at the User's request for duration of maintaining and servicing the Account.
- Agreement on provision of Services referred to in section 8 of Clause III is concluded at the User's request, in accordance with the rules set out in separate Terms and Conditions of Online Reservation and Purchases of tickets, accepted by the User before conclusion of the Agreement.
- Agreement on provision of Services referred to in section 9 of Clause III shall be concluded on the User's request for the time and on terms and conditions in accordance with the rules specified in separate regulations accepted by the User before purchasing e-gift cards.
- Other services are provided as part of the Site on terms and conditions described in separate regulations, available on the Site https://www.cinemacity.hu/regulations
VIII. PERSONAL DATA PROCESSING
- The Controller Data of individuals (or Users) using the services / products offered by Cinema City is I.T. Hungarian Cinemas Ltd., is a company registered in Hungary, with its registered office at 1132 Budapest, Váci út 22-24. Contact with the Controller is possible in writing (by post or via the contact form). We have also appointed the Data Protection Officer, who can be contacted by e-mail: [email protected] or by correspondence to our address.
- Cinema City declares that it applies technical and organizational measures to ensure protection of personal data adequate to the threats and categories of data protected, in particular, protects data against unauthorized disclosure, removal by an unauthorized person, processing in violation of applicable law and alteration, loss, damage or destruction.
- Cinema City will process Users' personal data solely in order to provide the Services specified in these Regulations and for the purposes referred to in section 5 below.
- Cinema City may process the personal data of the User necessary to establish, form, change or terminate the legal relationship. However, for each type of Service described in the Regulations, when using it, the User is separately informed which personal data are necessary (required).
- Personal Data are processed for the purposes described in the Privacy Policy (https://www.cinemacity.hu/privacy-policy-hu ) and includes processing in order to:
- enable and render the services / products ordered, such as:
- reservation of seats and purchase of tickets
- purchase and / or use of the Vouchers and gift cards,
- register and create an online account,
- register and providing our teachers club,
- organising competitions, prize draws and other promotions -
- enable and render the services / products ordered, such as:
(basis: Article 6 (1) b of the Regulation of the European Parliament and the Council 2016/679 of 27/04/2016 on protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC ("GDPR"),
-
- consider any complaints, archive or make ongoing contact related to the ordered service/product - based on our so-called legally legitimate interests, which are respectively: clarification of matters, defence or settlement of claims, the need for ongoing contact (basis: Article 6 (1) (f) of the GDPR),
- improve our products and services, develop new products and services and marketing activities of own products and services (in the traditional and online form) - based on our legitimate interests, which are mentioned in this section of activities including the pursuit of development and promotion of Cinema City services (basis: Article 6 (1) (f) of the GDPR),
- to send you marketing communications by email or text message, where you have consented to receive such marketing communications – within the scope of the declaration (basis: Article 6 (1) (a),
- and enable Cinema City to comply with its legal obligations (basis: Article 6 (1)(c) of the GDPR), especially as regards tax law.
Providing personal data is voluntary, but providing data marked as required is necessary for the performance of the execution of the Agreement because without the data, we will not be able to correctly conclude and implement it. Every data subject has the right to demand from the Controller access to Data, rectification, erasure or restriction of processing, the right to object to the processing, and the right to data portability. If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/c) or you may turn to court.
If the data are processed on the basis of consent, you have the right to revoke it at any time without affecting the legality of the processing, which was made on the basis of consent before its withdrawal. The data will be stored, for the duration of the Agreement and after its completion, until the expiry of the period of limitation of any claims under the Agreement in accordance with the provisions of the Hungarian local law. If we process the Data with consent, they will be kept until its revocation. More information on how we collect information about you; how we use the information we collect is set out in our Privacy Policy on the site: https://www.cinemacity.hu/static/en/hu/privacy-policy-hu
IX. RIGHT TO WITHDRAW AND TERMINATION OF THE AGREEMENT
- Within 14 days from the date of concluding the Agreement on provision of a given Service in accordance with the Regulations, the User who is a Consumer may withdraw from it without giving a reason, in particular by submitting an appropriate statement via the Contact Form.
- Consumers are not entitled withdraw from the Agreement where that Agreement relates to entertainment events, if such agreement indicates the day or period of service, for example the purchase of cinema tickets, or if the Consumer agreed to Cinema City starting to provide the Service before the end of the abovementioned deadline to withdraw from the Agreement.
- For some of the services provided by Cinema City, the cancellation procedure is defined in separate regulations regarding these services.
- Without prejudice to the right specified above, the User has the right to terminate the Agreement on provision of the Service with immediate effect at any time by sending relevant information via the Contact Form, unless the right for contract termination has been specified otherwise in separate regulations regarding this particular service.
- Cinema City may terminate the Agreement on provision of the Account Access Service with a 14-day notice period at any time and for any reason or even without indicating the reason for the termination, and with immediate effect if the User violates the Regulations and in the event of discontinuation of electronic services by Cinema City. The Company shall inform about termination of the Agreement by sending a statement to the User's address provided in the Account Registration process or the e-mail address most recently associated with the User’s Account.
X. COMPLAINTS PROCEDURE
- The User has the right to make a complaint regarding the Services provided on the Site.
- Complaints should be filed as soon as possible after occurrence of the event being the basis of the complaint.
- Complaints should contain at least: name, surname, contact details (postal address or e-mail address) and a description of circumstances justifying submission of the complaint by the User.
- Complaints should be submitted by in writing to the postal address at 1132 Budapest, Váci út 22-24, 1st floor, or in the Complaints Book at the Cinema City Cinema, Cinema Manager's Office.
- Complaints will be considered by Cinema City and reply will be sent generally within 30 days after receipt of the complaint, but at the latest within the deadline specified by the relevant legislation. The reply will be sent to the contact details indicated by the User while filing the complaint.
- Cinema City may request additional information as long as it proves necessary to establish the facts and consider the complaint.
XI. GOOGLE AND APPLE
The Agreement for use of the Site is solely between the User and Cinema City. Google LLC (“Google”) and Apple Inc. (“Apple”) are not parties to such Agreement. By using any products, services, content or software provided by Google or Apple (including without limitation the Google Play Store and the Apple App Store), the User agrees to be bound by all applicable terms of use and privacy policies of Google or Apple. Google and Apple are not responsible for any third-party claim that any Cinema City Mobile Application, or the User’s possession or use of any Mobile Application, infringes a third party’s intellectual property rights. The User acknowledges and agrees that Google and Apple, and their respective subsidiaries, are third-party beneficiaries of the Agreement for use of the Site but only to the extent it relates to Mobile Application used on a Google or Apple product (as applicable), and Google and Apple have the right to enforce such Agreement against the User as express and intended third-party beneficiaries of the Agreement.
XII. FINAL PROVISIONS
- The Regulations enter into force on 22.02.2023.and are available on the Site.
- The Regulations may be amended by Cinema City with the reservation that the updated Regulations will be made available on the Site. Amendments to the Regulations do not affect the rights of the User already acquired on the basis of the previous version of the Regulations. Use of the Site or Services by the User after introduction of changes to the Regulations shall be understood as their acceptance.
- A User who does not accept the new content of the Regulations has the right to terminate the Agreement under the terms specified in section 4 of Clause IX hereof.
- Common courts in Hungary shall resolve any disputes arising herefrom, unless otherwise provided by mandatory provisions of law.