- The Contracting Parties
1.1. The Operator
Name: MűkörömAkadémia Kft
Headquarters: 1068 Budapest, Felsőerdősor utca 9. 2/7.
VAT number: 14174265-2-42
EU Vat number: HU 14174265
Email: [email protected]
1.2. The customers
Anyone who uses any of the services of the www.thenailcourse.com website (hereinafter: Website ) or purchases information materials or online marketing services uploaded to the Website is considered a customer.
Users who have successfully filled out the registration form and accepted the provisions of these GTC and the provisions of the Data Protection Information are considered registered users. Registered users can log in to the internal interface of the Service with an email address and password or Facebook identification.
The services of the Website can be used by those Customers who accept our General Terms and Conditions. If you wish to be an active user of the Website, please read our General Terms and Conditions carefully and only use our services if you agree with all of their points and consider them binding on you.
For the purposes of these General Terms and Conditions, a Customer is a natural person who uses a service of the Website – in his own name or on behalf of an organization. By accepting these General Terms and Conditions, the Customer declares that he has legal capacity to use the services of the Website.
The services available on the Website are used in a manner suggestive. Contracts concluded in relation to the services used are not filed, they are concluded only in electronic form, they cannot be retrieved later, and they do not refer to a code of conduct. If you have any questions about the operation of the Website, we are available at the contact details provided!
- Purpose, scope and publication of GTC
2.1. These General Terms and Conditions (GTC) contain the general conditions for the use of the service between the Service Provider providing the service and the User using the service and the rights and obligations existing between the Parties during the use of the service.
2.2. The User accepts these GTC as binding. Accepting the General Terms and Conditions in this way also means that the User undertakes to monitor changes to these General Terms and Conditions.
2.3. The Service Provider may unilaterally modify the terms of these GTC.
2.4. The Service Provider is not obliged to provide the User with prior written information about the modification of the General Terms and Conditions.
2.5. The date of entry into force of the amended General Terms and Conditions is the day on which the amended General Terms and Conditions were published on the website of the Service Provider at https://thenailcourse.com/general-terms-and-conditions.
2.6. These General Terms and Conditions are valid from December 4, 2022 for an indefinite period, until withdrawn.
- The Service
3.1 Service description
thenailcourse.com is an online interface that offers electronic information materials (videos, files, texts, images, questions, audio files, links, illustrations, etc.) for interested users. In order to purchase and view informational materials, Users must register on the site.
The videos on the site do not constitute a course, the lecturer shares his experiences and opinions regarding the materials, tools, and techniques.
3.2 Registration
3.2.1 The use of thenailcourse.com services is subject to registration. By registering, the user accepts and acknowledges that the provisions of these Terms and Conditions are binding on him, and declares that he has read and accepts what is described in the Data Protection Information.
3.2.2 The User must keep the identifiers required to use the service (especially the user name and password) confidential. The User is responsible for damages resulting from unauthorized use.
3.2.3 The User is responsible for the data provided during registration and later on the user profile page (name, profile picture, billing data, data required for contact, etc.) and for their authenticity.
3.2.4 With the registration, the User’s personal user account is created, which can be accessed further on with the username and password specified during registration or with Facebook identification after logging into the system.
3.2.5 If the user account is used by several people, the Service Provider is entitled to suspend or delete the User’s user account. In this case, the Service Provider is entitled to issue an invoice to the User for all paid content purchased by the User, multiplied by the number of people who used the User’s account and thus gained unauthorized access to paid content. The User is obliged to settle this invoice immediately, the User’s user account will be suspended until the invoice is settled.
If the user account is used by more than one person, the Service Provider sends a notification to the User for the first time, suspends the User’s user account and calls for the immediate termination of this activity. If the User does not comply with this and the user account continues to be used by several people, the Service Provider is entitled to permanently delete the User’s user account without notifying the user. After this, the user is not entitled to use the service with another registration.
3.2.6 The User must immediately inform the Service Provider as soon as he becomes aware that an unauthorized third party knows his access data or passwords. In addition, the User is obliged to change his password immediately if he believes that a third party may have had access to it.
3.3 Payment of fees
3.3.1 Content for which a fee has been set in the Service can only be accessed against payment of a fee. Content that is available free of charge is automatically accessed by the User after registration.
3.3.2 The price of the content offered by the Service Provider, which is available by payment of a fee, is indicated separately for each content on thenailcourse.com site, in European EUR. The indicated prices do not include VAT. The service provider reserves the right to unilaterally change the prices, however, this does not affect the content that has already been ordered but is still being paid for.
3.3.3. By paying the fee, the User buys access to the information materials. Access is unlimited in time – as long as the service provider performs this activity.
3.3.4 The User is only entitled to view the information material if the consideration has been credited to the Service Provider’s account. The Service Provider issues an invoice for the payment, which it sends electronically to the User. Delay or failure to issue an invoice does not constitute a waiver of the fee.
3.3.5 Fees can be paid on the Service page by Stripe payment.
3.3.6 The Service Provider issues an invoice after payment, which is sent to the user by email to the email address provided during registration.
3.4 Use of the Service
3.4.1 The content available in the Service (especially, but not exclusively, online videos) can only be viewed on the Service’s interface, downloading, copying, duplicating, sharing, or making them available to others is strictly prohibited.
3.4.2 The content viewed by the User on the Service’s interface, or any part of it, is subject only to the legislation on copyright and intellectual works, in particular to Article LXXVI of 1999 on copyright. may be used in compliance with the law.
3.4.3 All content on thenailcourse.com is the property of Éva Darabos and is protected by copyright.
3.4.4 Responsibility for all damages resulting from any infringement of copyrights and liability for compensation rests with the infringing User. The user acknowledges that the payment of compensation applies to the compensation of damages caused until the infringement is established and does not provide a legal basis for further using, downloading, copying, duplicating, or making accessible to others the content under copyright protection in a way that violates copyright. The User must stop the illegal behavior immediately at the request of the Service Provider.
3.4.5. The User acknowledges that with the termination of the Service, he/she will no longer have access to the already purchased accesses and therefore the Service Provider shall not be liable or liable for any compensation to the User.
3.4.6. If any activity related to the use of the Service is not permitted according to the law of the User’s country, the User is solely responsible for the use.
- Rights and obligations of the Service Provider
4.1 The website of the Service and all content, video files, audio materials, files, text, graphics and images on the website are the exclusive property of the Service Provider and Éva Darabos. The website is subject to the LXXVI of 1999 on copyright. is protected by copyright according to law.
4.2 The Service Provider is entitled to register the User’s data, but may not transfer them to a third party without the User’s written approval. Exceptions are the statutory obligation to provide data and point VII.
4.3 The Service Provider is entitled to use the evaluations and names of the information material written by the User in order to promote the service.
4.4 The Service Provider is entitled to modify the information materials (content, price, etc.). The Service Provider is not obliged to notify the User of the changes. The User is not entitled to compensation due to the changes made during the modifications.
- Liability
5.1 The Service Provider does not assume responsibility for any indirect or direct damage (for example, but not exclusively listed, thus excluding other possibilities: loss of data, loss of business profit, interruption of business activity, other financial losses) resulting from the use of the Service or possible inhibited operation.
5.2 The Service Provider does not assume responsibility for the continuous, error-free operation of the Service and other websites connected to it, or for its freedom from viruses and other pests. The Service Provider is not responsible for the possible loss of data transmitted on the Internet by the User during the use of the Service.
5.3 The Service Provider cannot be held responsible for damages caused by Users.
5.4 The Service Provider’s liability for damages extends to the amount of the Service fee.
- Regular maintenance
6.1 In order to be able to provide its services to the Users at the highest level, the Service Provider performs regular maintenance on its online interface, which may result in the limitation or suspension of the service. The maintenance works are carried out whenever possible, but not exclusively, between 22.00 and 06.00, the duration of which maintenance is a maximum of 48 hours per occasion.
6.2 The Service Provider assumes no responsibility for any damage arising in connection with maintenance.
6.3 The Service Provider will indicate the dates of planned maintenance on its website at least 2 days in advance.
6.4 The Service Provider is not obliged to announce the dates of unplanned (defect elimination) maintenance in advance.
6.5 The Service Provider operates a technical error reporting service at the following e-mail address: [email protected]
6.6 The Service Provider does not assume any responsibility for interruptions, interruptions of the service and any resulting damage caused by a technical or infrastructural reason outside of its scope of interest (e.g. power outage, etc.), and which took place between 10:00 p.m. and 6:00 a.m. due to maintenance work and occurred during this time.
- Data management
7.1. The Service Provider is obliged to manage the data stored in the Service in a legal manner.
7.2 During the use of the Service, the Service Provider may automatically record the Users’ IP address, the type of operating system and browser they use, and other information for technical reasons. The system continuously logs this data. Only the Service Provider has access to the data obtained in this way, not the Users.
7.3 The Service Provider uses the above information exclusively for the technical operation of the Service and for statistical purposes.
7.4 User data, information stored in storage and databases can be used to resolve questions and disputes between the User and the Service Provider.
7.5 The Service Provider is entitled to send newsletters, notifications and other advertising information to the User, if the User has consented to this during registration. The service provider is not responsible for the accuracy of the consent and the data provided during registration.
- Right of withdrawal, warranty
8.1 The Service Provider draws the Users’ attention to the fact that, due to the fact that the Product cannot be returned by its nature, as well as the provisions of Law 17/1999 on distance contracts. (II. 5.) Section 5 d) of Government Regulation, the User is not entitled to the right of withdrawal according to Sections 4 and 5 of said Government Regulation. After the successful payment of the fee, there is no possibility of a refund under any circumstances.
8.2 Given that the products are delivered electronically, the Service Provider does not guarantee them.
- Termination of contract
9.1 This Agreement shall be terminated if the User deletes himself from the Users of the Service, if the Service Provider deletes the User’s user account based on point 3.2.5 of the General Terms and Conditions, and if the Service Provider or the User ceases to exist.
9.2 Either party is entitled to terminate this Agreement with immediate effect if the other Party seriously violates its obligations contained in these Terms and Conditions.
- Force majeure
10.1 Neither party is responsible for the fulfillment of the obligations contained in the contract in cases where an unavoidable event outside the scope of the parties’ interests arises. Examples of such circumstances include: natural disaster, fire, flood, order of the authorities, state of emergency, rebellion, civil war, war, strike or similar work stoppage, server attack, hacker attacks, unauthorized access, etc.
10.2 If, due to a force majeure event, the duration of the suspension exceeds two months, either Party is entitled to terminate the Agreement with immediate effect.
10.3 Even events falling within the scope of Force Majeure are not exempted from settlement of the invoice for services rendered, the customer is not entitled to compensation.
- Final Provisions
11.1 In matters not regulated in this contract, 17/1999. (II. 5.) Government Decree, CVIII of 2001. law and the Civil Code are governing. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
11.2 The Service Provider and the User shall try to resolve any legal dispute arising from or related to the legal relationship between the Parties, including questions regarding its existence, validity, or termination, out of court and through negotiation.
If the resolution of disputes between the User and the Service Provider does not bring results through negotiation, the parties are entitled to apply to the conciliation body at the Service Provider’s headquarters (Budapest Conciliation Board: 1016 Budapest, Krisztina kft. 99. 3/310. Mailing address: 1253 Budapest, Pf .:10).
For the further settlement of disputed issues, the parties appoint the territorially competent Court of the Service Provider’s registered office.
11.3 If a provision of these Terms and Conditions becomes invalid or ineffective, it does not affect the validity or scope of the other Terms and Conditions, unless the Parties would not have entered into the contract without this provision.
11.4 If the Service Provider does not exercise a right to which it is entitled based on the General Terms and Conditions and the relevant legislation, the failure to exercise the right does not mean the waiver of the right and the exclusion of the subsequent exercise of the right.
- Contact
12.1 The Parties declare that they accept contact via electronic mail (e-mail) as the official way of contact. The Service Provider’s e-mail address reserved for contact: [email protected]
12.2 Under the scope of these Terms and Conditions, the Parties cooperate through their contacts, and are obliged to inform each other immediately about the essential circumstances affecting this contract, and their changes.