GamerHours LLC. Terms of Use

(Entered into force: 27/12/2017)

I. Preamble

This website available on the https://www.gamerhours.com domain (hereinafter: Website) is provided by GamerHours Korlátolt Felelősségű Társaság (seat: 1051 Budapest, Nádor utca 24.; registration number: 01-09-304459; hereinafter: Provider). The Provider’s purpose is to provide agency service between the registered gamers of the online games (hereinafter: Game) indicated on the Website in accordance with this present general contract. So that the Provider’s contractual purpose is to provide services with a view to facilitating the conclusion of a contract between the registered users of the Website respect for the interests of these users concerned.

The Provider would draw the attention to the fact that the contractual activity of the Provider is only includes agency activity, so accordingly the Provider shall not be responsible for the possible infringements, breaches in respect of the contract negotiated by the Provider between the users.

The gamer of any Game (which means the online games indicated on the Website in accordance with the above mentioned definition) can register on the Website as a Student. As a Coach can be registered the gamer of any Game, who is regarded as an experienced user of the Game concerned, as well as show the potential to provide teaching activity for other users, and all of these competence can be demonstrate during the process of the registration by this Coach’s social media network (Twitter, Twitch, Facebook, Steam). (the Student and the Coach are together hereinafter: User).

This present General Terms and Conditions (hereinafter: General Contract) include the usage conditions of the services available on the Website, as well as the user’s rights and obligations. The User shall have a full liability for the infringement of the obligations under the articles of the General Contract.

Please read carefully the General Contract before taking the services of the Website.

II. About the Provider

1. The Provider’s company name: GamerHours Korlátolt Felelősségű Társaság
2. Seat: 1051 Budapest, Nádor utca 24.
3. Postal address: 1051 Budapest, Nádor utca 24.
4. Registration number: 01-09-304459
5. Registry court: Fővárosi Törvényszék Cégbírósága
6. Tax number: 26148324-2-41
7. Statistical code: 26148324-6312-113-01
8. Bank account: 12100011-10344301 (the bank account hereinafter: Bank Account)
9. E-mail address: [email protected]
10. represented by: Vámossy István Győző director

Web-hosting by:
1. Company name: SiteGround Spain S.L
2. Seat, postal address: 28004 Madrid, Prim 19., Spain
3. Website: http://siteground.com/

III. The service

1. The Provider shall provide a common platform for the Users on the Website which makes able to negotiate contracts for the Student to be concluded with Coach in order to get the most appropriate, specific coaching in respect of the Game by a Coach who suited best for the needs and interest of the Student. The Coach shall publish informations as his/her own profile on the Website which includes description about the Coach and his/her activity, as well as the Coach’s hourly rate expressed in virtual currency created and offered for purchase by the Provider (the virtual currency concerned is named hereinafter: Gamercoin), and also his/her available coaching dates. The Student shall be entitled to select a Coach to conclude a coaching contract with him/her by the process determined below. The service concerned above is only available for the Users, after the successful registration.

2. By selecting the Coach and the selected Coach’s available coaching date and also the requested number of hours, and by giving contribution to the virtual transfer of the Gamercoin amount corresponding to the decided number of hours displayed on the Website, the booking process has been fulfilled and the coaching contract has been concluded between the Student and the Coach (this process names hereinafter: Booking). Accordingly, the Student can finalize the Booking by completing the conditions stated above, therefore, in respect of the concluded coaching contract the Student shall be entitled to require coaching sessions from the selected Coach up to the selected hours, on the other hand, the Coach undertakes to be available to the Student, and to provide coaching sessions for the Student in accordance with the terms of the Student’s Booking and this present General Contract.

3. The Provider undertakes to provide services with a view to facilitating the conclusion of a contract between the Student and the Coach in accordance with the provisions of this present General Contract. In case the negotiated coaching contract is concluded between the Student and the Coach by the finalization of the Booking the Provider shall not be responsible for the fulfillment of the coaching contract concluded, and also forthe possible breaches and infringements in this respect. The User noted by the acceptance of this present General Contract all the informations and provisions stated above.

4. The Student shall be obliged to make a rating about the Coach’s coaching session and to make this rating available on the Website within 2 days of the date of the coaching contract’s fulfillment (hereinafter: Rating). The amount of the Gamercoins related to the coaching contract shall only be transferred to the Coach’s virtual balance after the provision of the Rating, until it the transfer process is deferred. Between the date of the finalization of the Booking and the provision of the Rating the amount of the Gamercoins are not available neither for the Student and nor for the Coach.

5. After the provision of the Rating the Provider shall transfer the contractual amount of Gamercoins to the Coach’s virtual balance. In case the Student fails to provide the Rating within 2 days from the fulfillment of the coaching contract the Provider shall be entitled to request for information and calls for provision of the Rating. The Student takes note and accepts that the Provider shall be entitled to transfer virtually the amount of the Gamercoins related to the coaching contract without any further notice if upon expiry of that period no Rating has been provided by the Student.

6. The hourly rate of the Coach which is expressed and appeared in Gamercoins on the Website is includes the fee of the Coach and also the commission of the Provider.

7. The scope of this present General Contract extends to the full service determined above, the use of the Website and also to any relationships established between the Provider and the User in connection with the service.

IV. The conclusion, termination and the effect of the contract concluded with Provider

1. By registration on the Website and also by receiving any services provided by the Provider, as well as registrating for enewsletter (by ticking the checkbox provided for this purpose), respectively, by using the Website, User shall be bound by this General Contract, and also by the Privacy Policy. In case of not accepting this General Contract or the Privacy Policy (by ticking the checkbox) the User shall not be entitled to use the Website, as well as to receive the service.

2. The contract between the Provider and the User concluded by the registration on the Website, and the accepting of this present General Contract and also its annexed Privacy Policy. After the registration the Provider shall send a confirmation to the User about the finalisation of the registration. The Provider shall reserves the right to refuse the finalisation of the registration in case the datas, informations provided by the Coach during the registration has not been validated (particularly the lack of the validation of the Coach’s experience and competence in respect of the Game marked by the Coach).

3. After the successful completion of the registration the User will have the possibility to login to its user account by using the username and the password provided during the registration. The modification or the correction of the provided data may be applied by the User’s via e-mail, addressed and sent to [email protected] After the registration the Coach shall be obliged to provide billing informations and the PayPalID.

4. Any other technical information that is needed to use the Website but not involved by this General Contract is included by the notices, descriptions and instructions available on the Website.

5. The Provider hereby undertakes to make public, available and downloadable in PDF format the current and also the earlier versions of this present General Contract, together with the Privacy Policy as it’s integral annexed part, on the Website, without previous registration.

6. The language of the contract is English. In case of divergence the English text shall prevail over the Hungarian language text.

7. The territorial scope of the General Contract extends to inland as well as foreign lands, accordingly it is extends to each countries.

8. The General Contract shall not be considered as a written contract, so that the General Contract is not filed by the Provider.

9. The contract concluded between the Provider and the User ceases to exist in case the deletion of the User’s registrated user account by the User or the Provider. The User may terminate this present concluded General Contract by cancellation at any time by sending a noitification to the Provider’s e-mail adress.

10. With the acceptance of this present General Contract the User states that he/she effectively acquainted with the contents of this present General Contract and not to propose any complaint or other claim against the Provider in respect of the content of this General Contract in its own name or any third party on behalf of the User, except in those cases where the Provider breaches this General Contract.

11. The Provider shall reserve the right to amend this present General Contract at any time, furthermore undertakes to inform the User about the amendment and request an additional confirmation from the User for the application of the amended General Contract by e-mail. The User acknowledges that the amendment of the General Contract will be deemed to have been accepted by the next use of the Service after the publication of the amendment of the General Contract. The User undertakes to follow the amendments of the General Contract published on the Website.

12. The Provider hereby undertakes to – if it’s deemed necessary – amend the provisions of this present General Contract up to the needed extent in circumstances where the Service will be developed, improved after the acceptance of this present General Contract. Additionally the Provider undertakes to appropriately inform the User about the amendments determined above. In such a case the provisions stated above shall be applied.

13. Additionally if any of the provisions proved to be invalid or became invalid, it shall not have effect on the other provisions, in this case the invalid provision will be replaced automatically by a provision conforming to the legislation

14. The Provider hereby states that it refuse to be subject to any Code of Conduct in respect of it’s service.

15. The Parties agree that in the case of the possible disputes referring to the relationship that established by the acceptance of this present General Contract shall be primarily settled by amicable agreement. In the case where the agreement stated above is not arised, the Parties appoint the exclusive competence of the Hungarian courts with the relevant jurisdiction in respect of the legal disputes of or in connection with this present General Contract or the breach, termination, validity or interpretation thereof.

16. The relationships that established by this present General Contract shall be governed by the Hungarian national law. The questions that are not regulated in the present General Contract shall be governed by the Art IV of 2013 on Civil Code (hereinafter: Civil Code), 45/2014 (II.26.) Government Decree on transactions between a business and consumer (hereinafter: Government Decree), and other Hungarian laws prevailing at the time of the conclusion of the present General Contract.

V. Use of the service and the Website

1. The Provider reserves the right to change, as well as to eliminate any part of the Website. Furthermore the Provider reserves the right to transfer the Service to another domain name. The User acknowledges not to make any claim against the Provider or any third party in the case of the changing or the elmination of the domain.

2. The User shall use the Website in accordance with the principal of good faith and fair dealing and with respect to the legal provisions.

3. The User shall be responsible for all the damages suffered by the Provider that caused by the User in the course of it’s irregular and/or unlawful usage of the Website.

4. The User takes note that:
a) the personal datas given in the process of the registration will not be checked by the Provider (unless the informations from the social media network provided by the Coach), the User shall be responsible for the validity of the datas in question;
b) the User shall be responsible for all the damages of the Provider that caused by the data’s that proved untruth, inaccurate or deficient;
c) the User shall not cause damage on the Website;
d) the User shall not have any claim about the content of the Website during the use of the Website;
e) when collecting and managing the User’s personal data, the Provider (as the data controller) shall not grant any right for the User in connection with the database, except for the User’s rights granted by the Privacy Policy

5. The Provider is entitled to cancel immadiately the registration of the User, if
a) the User breach the provisions included in this present General Contract or in the Privacy Policy,
b) the User conducts infringement in connect with the use of the Website, obstruct the function of the Website in any way, or change the content of the Website;
c) the User acts unlawfully against the Provider;
d) the personal data given by the User proved untruth, unlawful;
e) the User commits infringement against this present General Contract in any other way.

6. The User shall notice the Provider in case detecting any content on the Website that is reprehensible in the light of the above. The Provider shall be entitled to remove or alter the reprehensible content in question if it considers the User’s notice well founded.

7. The User acknowledges that the data in connection with the usage of the Service can be gathered in an unindentifiable way for statistical purposes and for the optimisation of the User’s computing resources.

8. The User shall ensure to keep it’s password chosen during the registration in secret and shall take all necessary and reasonable measures to prevent the registration from having access by unauthorised persons. The User shall be liable for any damage resulting from failure to comply with the obligation stated above.

9. The administration of the e-mail addresses serves primariliy the purpose of contact with the User, as well as identifying the User. The Provider shall have the right of sending electronic newsletter contains advertisement to the User in comformity with the legal provisions and the Privacy Policy if the User give explicit and prior consent on that matter.

VI. Copyrights

1. The Website as a whole, including but not limited to the graphical elements, texts and technical details of it are in copyright in accordance with the Art LXXVI of 1999 on copyright. The infringing person shall be responsible for any infringement of the Provider’s rights of intellectual property.

2. The User shall not obtain any intellectual property right in the course of or in connection with the receipt of the Service. The Provider is granted each of the rights in question automatically and free of charge.

3. The partial or full storing (either physical sense or by data carrier) or printing of the contents of the Website shall be eligible only for private purposes or may be subject to the prior written consent of the Provider. The use of the contents in question beyond the private purposes – for instance the storage in database, transmission, publication of the contents, data in question or making those available for download or marketing – shall not be implemented without the prior written consent of the Provider.

4. The Provider shall reserve the rights in respect of all elements of the Service especially in respect of the https://www.gamerhours.com domain and the related subdomains. Any activity that aims to list, systematize, archive, crack the Provider’s database or aims decryption of the source codes shall be prohibited, unless authorised by the Provider.

5. The activities aiming to change, copy, expand or overwrite the data of the Provider’s database by cracking the Website or circumvent the Provider’s search engine shall be prohibited without a separate agreement between the parties or without the use of a service purposed these activities.

VII. Limitations of liability

1. The Provider shall be responsible only and exlusively for the malicious damage that arise from the infringement of this present General Contract.

2. The User notes that the Provider shall not be liable for the possible fail of the continous, seamless, error-free and virus-free operation of the Website. The Provider shall not be responsible for any loss of data sent through the Internet by the User.

3. The Provider is not responsible for the contents of the links that placed on the Website, furhermore for the information or any other data available on the websites in question, and the data-processing practice of these websites, and the Provider shall not be liable respectively any direct or indirect damage resulted or may result from the link that placed on the Website.

4. The Provider states that the "League of Legends™ is a trademark, service mark, or registered trademark of Riot Games, Inc. Dota 2™, CS Go™ are trademarks, service marks, or registered trademarks of Valve Corporation. Hearthstone™, Overwatch™, Starcraft™, Heroes of the Storm™, World of Warcraft ™ are trademarks, service marks, or registered trademarks of Blizzard Entertainment. Call of Duty™ is trademark, service mark, or registered trademark of Activision Publishing, Inc. All other trademarks and trade names are property of their respective owners. We are in no way affiliated with any of the companies named above.

5. The Provider is not responsible for the required competence of the Coach, and the responsibility of the Provider shall not cover the efficiency of the Coach’s coaching session.

6. The Provider fully excludes its responsibility in connection with the User’s behaviour. The User is obliged to refrain from the direct or indirect infringement of law or the rights of third parties by using the Website. The User is fully and solely liable for its own conduct, in that regard the Provider shall cooperate with the competent authorities to investigate the infringement.

7. The User shall be responsible for granting access to the use of the Website, the user interface and also the Service for third parties as well as the damages that arise from the above.

8. With the regard to the global and crossborder nature of the Internet and the scope of this present General Contract the User accepts that it has the obligation to use the Website by taking the applicable national rules governing into account. The User shall be solely liable for any acts in relation with the use of the Website which is not in accordance with the legislation of the state where the User resides.

VIII. Data management

1. To receive the Service some personal data might be requested from the User on the Website (primarily during the registration). The process, principles, mode of the data management, as well as the User’s rights and obligations and also the system of remedies in respect of the personal data in question have been established in the Privacy Policy as the annex of this present General Contract. For access to the Service the User shall accept this present General Contract and also the Privacy Policy by ticking the checkbox at the end of the registration.

2. The provisions of this present General Contract and the Privacy Policy should be interpreted and applied in conjunction, those are governing collectively. The Provider shall ensure the permanent availability of this present General Contract and the Privacy Policy (and also the potential amandements of these documents) on the Website.

3. The User acknowledges that the Privacy Policy is accepted by the acceptance of this present General Contract.

IX. Payment terms

1. The User takes note that the use of the service available on the Website gives rise to payment obligation both for the Coach, and for the Student in accordance with the provisions stated above.

2. The Provider hereby states that all the possible consideration to the Student which arise in respect of the service available on the Website shall be settled in Gamercoin, and by the virtual transfer of the amount of the Gamercoin required. The prerequisite of the virtual transfer is that the amount of Gamercoin required shall be purchased by the Student. Accordingly, the payment obligation to the Student has arisen only in the process of purchasing Gamercoin, so that this payment obligation shall be due at the purchase.

3. The Student shall be entitled to purchase any amount of Gamercoins at any time after the finalization of the registration. The Gamercoins can only be purchased on the Website, after the finalization of the reigstration and the Gamercoins purchased can only be expended as a virtual currency in respect of the service available on the Website.

4. The Provider hereby states that the monetary value of one unit of the Gamercoin is 1,- USD, which value includes the taxes.

5. The Student shall be entitled to select the quantity of Gamercoins that he/she intends to purchase on the Website and the Student shall transfer to the Bank Account the monetary value of the selected quantity of Gamercoins (which calculated in accordance with the point 4. of this chapter). The Provider undertakes that the Student shall be fully informed on the Website about the total amount of each payment obligation (includes taxes), and the technical steps of the payment process at the time of the purchase. The Student shall be obliged to pay the consideration of the selected amount of Gamercoins by transferring it to the Bank Account. The Gamercoins ordered shall be available on the Student’s user interface after the date the amount of the consideration is credited to the Bank Account.

6. The Provider shall send the electronic invoice to the Student’s e-mail address provided by the Student within 15 days of the date the amount of the consideration is credited to the Bank Account.

7. The Student shall be entitled to expend the Gamercoins purchased until his/her registration is consists.

8. The Student hereby acknowledges that the Provider shall not be obliged to reimburse the consideration of the Gamercoins purchased by the Student.

9. The Student shall be entitled to conclude a coaching contract with any Coach registered on the Website by the process of the Booking detailed above. The Gamercoins shall only be expended for the refund of the Coach’s fee expressed and calculated in Gamercoin in accordance with the provisions of this General Contract. The Provider shall pay off the monetary value of the Gamercoins transferred virtually to the Coach’s balance per month.

10. The Coach shall only be entitled to request the pay off per month, and the Provider shall only be obliged to make the payments in USD currency determined above by the 15th day of each month according to the number of Gamercoins which transferred to the Coach’s virtual balance (hereinafter: Fee). The Coach shall be obliged to pay commission for the Provider monthly, which amount is corresponding to the 20 % of the Fee, inclusive of all taxes. This commission shall be due and payable by the Booking, but it is only invoiced simultaneous with the payment of the Fee. In case the Coach’s registration would be deleted by any reason before the date of the payment of the Fee, the Provider shall be entitled to invoice immediately the commission.

11. The Provider shall send a settlement for the Coach for each month at least 5 days before the payment of the Fee, which settlement summarizes the virtually transferred number of Gamercoins, the total funds of the Fee (which shall be calculated corresponding to the number of Gamercoins in the light of the monetary value determined in this chapter), and also the total funds of the Provider’s commission.

12. The Coach undertakes and accepts that the payment of the commission shall be settled by set-off in accordance with the Section 6:49 of the Civil Code, so that the Provider shall be obliged to pay only the 80 % of the Fee to the Coach, after the amount of the commission will be set-off against the Fee. The Provider shall be obliged to issue an invoice for the remaining 20 % of the Fee as the commission.

13. In case the coaching contract concluded between the Student and the Coach has not been settled, or it has been terminated for any reasons the Provider is also entitled for the commission, which should be paid by the Coach. In this determined event the amount of the commission shall also be calculated corresponding the number of the Gamercoins connected to the coaching contract.

X. Pre-contractual informations, withdrawal and termination

1. The Provider shall give the following informations for the User in accordance with the Section 11 of the Government Decree, given that the contract concluded by the acceptance of this present General Contract shall be deemed as an off-premises contract:
a) About the main characteristics of the Service, which is regulated by the chapter III of this General Contract;
b) The identity of the Provider, such as its name, seat, postal address, phone number, e-mail address, which are provided by the chapter II of this General Contract;
c) The total price of the Service is determined by the chapter XI of this General Contract. The Provider shall not be entitled to charge any additional costs in excess of the total price, so that the Fee includes all costs in respect of the relevant billing period.
d) The cost of using the means of distance communication is not considered increased, any additional fees shall not be charged to the User in this respect.
e) The arrangements for the payment are regulated on the chapter IX of this present General Contract, the possibility of having recourse to an out-of-court complaint and redress mechanism is provided by the chapter XI of this General Contract;
f) The rules governing the User’s right of withdrawal or termination in accordance with the Government Decree are regulated in this present chapter, below;
g) Following the acceptance of this General Contract the Provider shall provide customer service concerning the Service on weekdays between 9am and 6pm in the contacts marked in the chapter II.
h) There is no existence of a relevant codes of conduct as defined in the law of unfair business-to-consumer commercial practices and in other governing rules and legislations;
i) The conditions and rules of the right of terminations are regulated by this present chapter;
j) The functionality and the technical protection measures of the digital contents of the Service are provided by the chapter III of the General

Contract. The provisions about the unilateral amendments shall not be applied in respect of the informations determined above. The above-mentioned informations are accepted by the User by the acceptance of this General Contract.

2. The Student accepts that he/she shall not be entitled to withdraw after the payment from the contract concluded by purchasing Gamercoin from the Coach in the light of the Section 29 paragraph 1 point m) of the Government Decree, because this service shall be considered as „a digital content which is not supplied on a tangible medium”. Accordingly the Student shall not has the right to withdraw (that defined in the Section 20 of the Government Decree) from the contract after the fully paid of the consideration of the Gamercoins purchased, because this fact is deemed to be an explicit consent for the start up of the service. The Student hereby accepts that the monetary value of the Gamercoins purchased shall not be returnable by the Provider. This provision extends to the consumer, i.e. the natural person whom to those particular goods or services are marketed in the ordinary course of the supplier’s business and who act outside of the scope of their profession, own occupation or business activity.

3. The User hereby takes note that after the registration the Provider begins immadiately of the performance of this contract, accordingly the User shall not be entitled to withdraw from this present General Contract in accordance with the Section 29 paragraph 1 point m) of the Government Decree.

4. Both the User and also the Provider shall be entitled to terminate the contract concluded by the acceptance of this present General Contract. The User shall communicate the termination via any of the Provider’s contacts indicated in chapter I. The Provider shall delete the User’s registration immadiately, but not later than 15 days from the date when the notice was communicated. In case the registration has been deleted by the Provider the User is no longer entitled to receive the service.

5. In case the registration has been deleted the Student shall not have the right to reclaim the purchased, but not expended Gamercoin’s monetary value with regard to the fact that the contractual relation between the Student and the Provider shall be considered as a longterm relationship in line with the Section 6:278 paragraph 4 of the Civil Code.

6. In case the Coach, or – in respect of the Coach’s registration – the Provider terminates the contract concluded by the acceptance of this present General Contract the parties shall settle all payments with respect to services performed before the time of the termination. Accordingly, in the case stated above the Provider shall be entitled to the commission connects to the coaching contract that had at the time of the termination already been concluded.

7. The Provider shall reserve the right to refuse or to withdraw the Service without giving any reason, especially but not exlusively
7.1. in case the registration fullfilled by giving obviously invalid data;
7.2. in case the registration fullfilled by giving incomplete, incorrect data;
7.3. in case the validity of bank card of the User is expired or it has been withdrawn;
7.4. in the event the safety of the transaction are threatened by a virus or any other attack;
7.5. in the event of a case of force majeure (such unusual and unpredictable circumstances, which are above the will of the Provider or the User, and the consequences of which could not be avoided, not even by taking the most precaution) that hinders or makes impossible the fulfilment of the contract, or the transaction;
7.6. in case the breach of the provisions of this present General Contract.

XI. Enforcement of rights

1. During the handling of the complaints the Provider will proceed by the Art CLV of 1997 on the consumer protection, the Civil Code and the provisions of this present General Contract. The User may submit its observations, complaints in relating with the Service through the following contacts:
1.1. Address: 1051 Budapest, Nádor utca 24.
1.2. E-mail: [email protected] (on working days between 9am to 6pm)

2. The Provider shall immadiately remedy the nuncupative complaint if it’s possible. If it is not possible to remedy the nuncupative complaint due to the complaint’s nature or if the User can’t accept the remedy of the complaint the Provider shall make a record about the complaint, which shall be archived with the Provider’s substantive answer for 5 years. In case of the personally (which means the seat of the Provider) and nuncupatively submitted complaint the Provider shall provide a copy of the record to the User personally or if it is not possible, provide it in comformity of the provisions stated below in respect of written complaints.

3. The complaints that sent via e-mail are deemed to be written.

4. The Provider shall substantively respond the written complaints within 30 days after the date of the receipt by sending the response in e-mail (in case of the User’s specific request by written letter).

5. The Provider shall be obliged to state the reasons in the event that the complaint has been refused.

6. In the event the possible consumer dispute between the User and the Provider is not resolved during the negotiations and consultations the User may submit a complaint to the consumer authority or the conciliation panel, as well as the User shall have the right to bring legal proceedings in its case.
6.1. The website of the National Consumer Authority (Nemzeti Fogyasztóvédelmi Hatóság): http://www.nfh.hu/
6.2. The name of the competent conciliaton panel of the Provider’s seat: Conciliation of Budapest (Budapesti Békéltető Testület); seat/address: H-1016 Budapest, Krisztina krt. 99.; phone number: +36 1 488-2131; fax: +36 1 488-2186; e-mail address: [email protected]