General Terms And Conditions

1. PREAMBLE

The present General Terms and Conditions (hereinafter referred to as "GTC") shall contain the general terms and conditions applicable for the contracts to be concluded for purchase of educational materials, textbooks, journals, magazines, accessible via the websites operated by Magyar Kultúra Kiadó Kft. (hereinafter to be referred to as Digita) listed in the continuously updated Annex I, and related author's activities (hereinafter referred to as the "Publication"), as well as to the use, publication and resale of such materials, and within the framework of such include the rights and obligations of these persons (hereinafter to be referred to as “User”, jointly with Digita “Parties”.

Magyar Kultúra Kiadó Kft. (hereinafter referred to as Digita) reserves the right to create additional websites in connection with the above activities and to extend the effect of these General Terms and Conditions to them. The technical information necessary for the use of the Website, which is not contained in these Terms and Conditions, is provided in the information available on the Website. The specific terms and conditions applicable to each service will be indicated in addition to the provisions of the GTC for that service.

2. GENERAL INFORMATION

2.1 Digita coordinates and carries out the author’s and copyright activities related to the publication, further use, publication and resale of electronic content such as educational materials, textbooks, reference books, journals, magazines and related services (hereinafter "Publications"), and the retail sale of such materials.

2.2 Digita shall be entitled to unilaterally review and amend the provisions of the GTC. It shall notify the User of any such amendment in advance of its entry into force by means of a newsletter or a pop-up window upon login, and shall publish the amended Terms and Conditions on the Website.

2.3 After the entry into force of the amendment to the GTC, the amended provisions of the GTC shall apply to the legal relationship of the Parties. If the User does not agree with the amended provisions of the GTC, he shall be entitled to terminate the contract after the publication of the GTC, with 15 days' notice of termination. Failure by the User to give notice of termination of the contract or continued use of the websites listed in Annex I after the entry into force of the GTC shall be deemed to constitute acceptance of the amendment to the GTC.

3. GENERAL LIABILITY RULES

3.1 Digita informs its (potential) Users and Partners that any information and/or advertising of publicity available through the Website contains the subjective judgement of Digita. If, after purchasing/ordering them, the User's opinion does not coincide with Digita's opinion, Digita shall not be liable or responsible for any such difference. In this respect, Digita excludes any liability for any errors on the part of the author of the Publications available through the Website. Furthermore, Digita shall not be liable for any damages resulting from the improper or unlawful use of the Products, including, without limitation, in particular, damages resulting from the use of the information contained in the Content. In relation to the content of this publication, Digita states that the information contained therein does not constitute an official statement. Digita shall not be liable for any damage to the User's computer, virus damage or loss of data of any kind resulting from the use of the Website, or unauthorised access to the User's computer or network, or any other damage caused by third parties or by force majeure.

3.2 In the case of Publications available through the Websites, the content displayed is based on the best knowledge of the authors at the time of publication, but the authors have processed the information without any warranty. Digita accepts no liability for the information and (professional) content contained in the Publications available via the Websites.

4. RULES FOR AUTHORS

4.1 The content of all Digita Publications is protected by copyright. The contents of the Products may not be copied, reproduced, published, sold, distributed or otherwise exploited in whole or in part without the prior written consent of Digita.
With the purchase, the Customer does not acquire ownership of the Publication, but the right to use it as consideration for the purchase price.

4.2 The released Publications are intellectual property, the rights to which are owned by the publishing Partner.

4.3 The Author or the Partner acting on his behalf is responsible for the fact that his Publications are his own intellectual property. If you use the intellectual property of others, you must indicate this at the end of the publication. The publication of articles, writings and intellectual property of others is only possible with the explicit permission of the original Author.

4.4 Digita assumes no responsibility for the control of intellectual property. If Digita becomes aware of any infringement of intellectual property rights, it will delete or block the content in question.

4.5 The content of the Publications reflects the opinion, experience, research and interpretation of the Author, and therefore the responsibility for the content of the Publications lies with the Author or the Partner acting on his behalf.

4.6 By uploading the Publication to any of the websites listed in Annex I, the Author or Partner acting on his behalf accepts the terms and conditions of these Regulations and authorises the publication of his intellectual product.

4.7 Digita reserves the right to review the Publication and to edit and moderate it at the Partner's specific request.

4.8 Digita also reserves the right to delete or not to publish any Content which is untrue, offensive to human, legal or moral rights, or which adversely affects Digita's reputation or performance.

4.9 The right to the date of publication of the Publication shall be vested in Digita.

5. SPECIAL RULES AND REGULATIONS

Digita lays down specific rules for Partners in a separate Regulation.

6. REGISTRATION

The Digita User Account can be created through any of the websites listed in Annex I and is valid for all websites and applications related to the websites.

There are several levels of registration: basic, identified and partnership.

6.1 BASIC REGISTRATION

Data expected to be registered by Digita:

• Username
• E-mail address
• Country
• Password

After a successful registration the User is entitled to have the following rights:

• Enter the Marketplace
• Browse
• Buy, subscribe to Publications or Study Groups
• View, rate and recommend his own purchased Publications and Study Groups
• Check his progress
• By invitation, become a student, editor, proof-reader, teacher, mentor, administrator, etc.
• Progress to additional levels
• Participate in a video conference
• Use internal correspondence

6.2 IDENTIFIED REGISTRATION

Pre-condition: Basic registration

Data expected to be registered by Digita:

• Title (if applicable)
• Name
• Place and date of birth
• Mother’s name
• Spoken language
• Country
• Address
• Phone number
• Declaration
• Personal ID card residence card or equivalent document for a foreign User

Following a successfully identified registration, the rights granted to the User:

• Entitlements related to basic registration
• You can register a Partner (private entrepreneur, institution, company, etc.) if you have the right of representation

6.3 REGISTRATION OF PARTNER

Pre-condition: Identified registration

Data expected to be registered by Digita:

• Name
• Tax number
• Bank account number
• Representative
• Company seat
• Professional data (slogan, introduction of Partner)
• Community relations, contacts
• Document to verify right of representation (Extract from trade register, specimen of signature or an equivalent legal document)

After successful Partner registration the Partner is entitled to the following rights:

• Entitlements related to basic registration at Partner level
• Edit own publications, notes
• Create a Study Group and publish notes
• Purchase templates for editing own publications
• Manage the data of own publications and study groups
• Enter sales details for Publications and Study Groups
• Invite an editor or proof-reader to own materials
• Add permissions to own Publications and Study Groups (administrator, content manager, customer service, etc.)
• Manage authors
• Submit publication requests
• Access the economic module, create discounted and free coupons
• Access the education module
• Create and manage video conferences
• Subscribe to additional services
• Eligible to receive royalty payments

7. PRICING, TERMS OF PAYMENT, TAXES

7.1 The User may pay the purchase price of the Publications and/or Study Groups purchased on the Digita Sites in advance, by credit card or by immediate transfer and/or by using a discount coupon, in accordance with the provisions of these GTC.

7.2 Digita shall issue and make available to the Customer an invoice for the purchase price of the Publications and Study Groups which are the subject of a contract between Digita and the Customer in accordance with these GTC.

7.3 Partnership Fees: The detailed rules on the author's fees or the fees payable by the Partner are set out in the Partner Regulations.

7.4 Purchases made to Digita in Hungary shall be invoiced in HUF (Hungarian Forint), while purchases made abroad shall be invoiced in EUR (Euro).

8. TRADEMARKS

The use of content published by Digita that constitutes the intellectual property of third parties (e.g. quotations, photographs, graphic content, trademarks, logos, domain names, etc.) is subject to the exclusive right to use in accordance with Act LXXVI of 1999 on Copyright and Act XI of 1997 on the Protection of Trademarks and Geographical Indications. Any use beyond this requires the consent of the respective author.

9. GUARANTEE REGULATIONS

Digita will perform defectively if the Publications and Study Groups available through the Website do not meet the quality requirements specified at the time of purchase. The User shall notify Digita of its objection without delay upon discovery of the defect.

Digita shall not be deemed to have performed defectively if the User knew of the defect at the time of purchase or should have known of the defect at the time of purchase.

Digita shall not be deemed to have failed to perform if the complaint relates to the content or lack of content of the Publication or Study Group. In such a case, the owner of the Publication or Study Group (the Partner) shall be obliged to act. Digita shall forward such complaints to the Partner.

9.1 LIABILITY FOR DEFECTS

If Digita performs defectively, it shall be liable for the defective performance under the Civil Code (liability for defects). In the event of defective performance, the User may request, at its option:

• firstly, repair or replacement, unless this would be impossible or would involve disproportionate additional costs compared with the other warranty claims, taking into account the value of the Publications available through the Website in their default-free state, the seriousness of the breach of contract and the damage to the User's interests caused by the performance of the warranty; or
• request a proportionate reduction of the consideration, or have the defect rectified or replaced by Digita at Digita's expense, or withdraw from the contract if Digita has not undertaken to rectify or replace the defect, or cannot rectify or replace the defect within a reasonable time and without prejudice to the User's interests, or if the User's interest in rectification or replacement has ceased to exist. There shall be no right of withdrawal for minor defects.

Digita shall not be obliged to consider any claims other than for defective performance.

Digita shall not be liable in respect of any Publications available through the Website in relation to which defects or errors are due to causes beyond Digita's control, nor for any loss of profit, loss of yield, damage of any nature or amount whatsoever, or consequential loss suffered by the User. If Digita's liability can be excluded in a particular case, the liability of Digita's employees or agents cannot be determined either. The User shall have a limitation period of one year from the date of performance in which to exercise any of the above-mentioned warranty claims. The limitation period shall be calculated from the date of performance. The limitation period shall not include the part of the correction period during which the User cannot use the Publication as intended. The limitation period for enforcing the right of guarantee for the part of the Publication affected by the repair or replacement shall start to run again after the expiry of the limitation period for the claim for a replacement. This rule shall also apply in the event of a new defect arising as a result of the repair.

10. RULES ON COMPENSATION FOR DAMAGE

Compensation for Defective Performance

Digita shall compensate the User for any damage resulting from the defective performance. Digita shall be exempt from liability for damages caused by defective performance if it proves that the defective performance was caused by a circumstance beyond Digita's control, unforeseeable at the time of the conclusion of the contract, and which Digita could not reasonably have been expected to avoid or to prevent. If Digita's liability can be excluded in a particular case, the liability of Digita's employees or agents cannot be determined either. The User shall be entitled to claim compensation for any damage caused by the defective performance of the Services if repair or replacement is not possible or if Digita has not undertaken to repair or replace the defective goods or services, cannot fulfil its obligation to do so or if the User's interest in repair or replacement has ceased. This claim for damages shall expire within the time limit set for the exercise of the rights of warranty. The User may assert a claim for damages as a defence against a claim arising from the same contract even if the claim for damages is time-barred.

11. PASSWORD SECURITY

11.1 It is the User's responsibility to keep their password confidential and secure. If the password has come to the knowledge of an unauthorized person, or if the User suspects that an unauthorized person may have obtained it or that it has been or may have been misused, the User shall immediately change the password and notify Digita thereof.

11.2 If the User fails to comply with the above obligation, Digita shall not be liable for any damages arising from the misuse of the password.

12. TERMINATION RULES

12.1 The legal relationship between Digita and the User shall be for an indefinite period.

12.2 The User may request termination of his relationship (deletion of account) by giving 60 days' notice. The User acknowledges that in the event of termination he shall lose the rights of use previously purchased. Digita shall delete the User from the system in accordance with the GDPR.

12.3 Digita may terminate the contract with immediate effect and delete the User if the User breaches any of Digita's policies and regulations and thereby causes damage to Digita.

12.4 Deletion of the User’s Account is not possible if there is a Partner’s User’s profile related to it.

12.5 The rules governing the Partner's relationship with the User are set out in the Partner Regulations.

13. RULES OF ELECTRONIC CORRESPONDENCE

13.1 The Parties shall communicate their statements to each other primarily by electronic means. The User agrees that any notice sent by electronic means shall be deemed to be written notice. The User shall notify DIGITA of any change of electronic address (e-mail), postal address, telephone or fax number within 5 working days. The User shall be solely liable for any damage resulting from failure to notify.

13.2 Digita shall send notices and statements of account sent electronically to the User in a printable format. Digita shall use two forms of electronic correspondence, e-mail and notifications sent by internal mail, which shall be equivalent.

14. GOVERNING TERRITORIAL SCOPE

Due to the specific nature of the Internet, the territorial scope of these GTC is not limited to the territory of the Republic of Hungary. Due to the nature of the data network (the Internet), the Digita website is accessible from both within and outside the country. Digita declares that it shall regard all contracts covered by the GTC as contracts concluded in Hungary and shall be governed by the applicable provisions of Hungarian law.

In the event of any disputes the provisions included in the Hungarian version of the General Terms of Conditions shall be applicable.

15. OTHER RULES AND REGULATIONS

The Parties mutually agree that they shall at all times attempt to settle any disputes arising from the contract by amicable negotiation.

If the conciliation between the Parties fails to produce a result within 30 days of the date of the conciliation initiated by one of the Parties, the competent court shall have jurisdiction in the event of a dispute in accordance with the Civil Procedure Code (Pp) in force at the time.

In matters not covered by the contract, the provisions of the Hungarian legislation in force at the time shall prevail, in particular the provisions of the Civil Code.

The terms and legal institutions contained in the GTC shall be interpreted in accordance with the rules of the Hungarian language, in accordance with the generally accepted everyday meaning of the words, and in accordance with the Hungarian legislation.

Digita reserves the right to amend the General Terms and Conditions, in whole or in part, at any time. The General Terms and Conditions and any amendments thereto shall enter into force upon publication.

Digita will carry out regular maintenance on its online interface, which may result in the limitation or suspension of the service. Digita shall not be liable for any damages arising in connection with such maintenance.

16. EXPLANATORY DEFINITIONS

Explanation of special terms and concepts at Digita:

User: a person who is registered on a site operated by Digita.

Author: the author of electronic content created on one of the Digita-operated Sites.

Partner: an individual entrepreneur, sole trader, company or institution, etc., registered by an Identified User.

Electronic Content: educational materials, textbooks, journals, magazines and other digital content available for download or online access through any of the Digita-operated websites.

Publication: all published electronic content available on Digita or on websites operated by Digita (including notes published in Study Groups).

Study Group: a closed community where Notes can be shared with a specific group of Users and where video conferencing can be initiated.

Note: Thematically structured electronic content available to a Study Group.

Publishing: the result of the process whereby a Publication under Editing is made available to Users on the Marketplace of a site operated by Digita.

Buyer: a User who acquires the right to use one or more Publications by payment or the use of a Coupon.

Right of Use: grants the User access to the Electronic Content for a limited period of time following the purchase of a Publication.

Subscription: the User has the possibility to subscribe to a Publication and/or a Study Group membership. The User is entitled to access them for the duration of the subscription.

Basic User: means a general User’s Account.

Identified User: means a User who has provided personal data and this has been verified by Digita. Identification is a precondition for the creation of an Partner registration.

Partner User: means the Partner Profile of an individual entrepreneur, company or institution registered by an Identified User.

Deleted User: A User who has requested to have their personal data deleted and the deletion has been completed. After the Deletion the User may not be identified.

Marketplace: means the space where the Publications and/or Collection of Study Groups published for sale are available.

Authorised User: a User to whom a Partner has granted individual rights. Examples include: administrator, content manager, customer service, editor, etc.

Royalty: the amount that the Partner receives from the sale of the Publications published by the Partner. The royalty fee depends on the Subscription package.

Subscription Package: a set of special features that the Partner can choose. The content of Subscription Packages may differ, for example, in the number of Publications that can be edited and published, the amount of storage space required, and, in the case of Study Groups, the number of Students.

Reseller: a Partner who sells another Partner's Publication on its own individual marketplace.

Access code: the code that grants access to the holders of certain protected Publications or Study Groups.

Application: A downloadable Application related to the Marketplace operated by Digita, which enables the use of Publications available on the Marketplace with a native interface. Available for Android and iOS.

Account Deletion: the User's personal data will be irrevocably deleted from the Digita system. After deletion, one may not enter the system with the previous account data. The User's personal Data will be given a Deleted user status.

17. DATE OF ENTRY INTO FORCE

These General Terms and Conditions shall enter into force on 2 May 2023 and shall apply to all legal relationships entered into after that date.

ANNEX I

SITES OPERATED BY DIGITA