General Terms and Conditions (ÁSZF)

for using the infinik.hu website and web application

In force from:

This is a convenience translation of the Hungarian General Terms and Conditions (ÁSZF). The Hungarian text is the legally binding one: if the two versions differ, the Hungarian version prevails.

1. Scope of the ÁSZF

This ÁSZF governs the contract between the operator of infinik.hu (hereinafter: Infinik, we):

  • Company name: Ackbar Seli Kft.
  • Registered office: 1194 Budapest, Kócsag utca 41.
  • Tax number: 24676098-2-43
  • Company registration number: 01-09-176795
  • Court of registration: Fővárosi Törvényszék Cégbírósága (the company registry court of the Budapest-Capital Regional Court)
  • Contact: Email: hello@infinik.hu | Phone: +36 20 516 8706
  • Hosting provider: Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg | https://aws.amazon.com/contact-us/

and the Customer. The Customer is whoever orders Infinik's services. A Customer can be:

  • Business (B2B partner): a legal entity, other organisation or sole trader acting within the scope of their profession, independent occupation or business activity
  • Consumer: a natural person acting outside the scope of their profession, independent occupation and business activity (Hungarian Civil Code, Ptk. section 8:1 (1) point 3)

Surveys and packages that include a survey can only be sold to Businesses. Sessions that you use by booking a time slot (e.g. VibeCheck, coaching, mentoring) and packages made up of sessions are also available to Consumers.

At the moment only Businesses with a registered office in Hungary can order, and Consumers can only order with a billing address in Hungary. Anyone ordering as a Business declares, by registering and placing the order, that they are entering into the contract as a business acting within the scope of their profession, independent occupation or business activity, and that if they order on behalf of a business, they are authorised to enter into contracts in its name. Anyone ordering as a private individual qualifies as a Consumer, and the special rules in section 7 also apply to them. This ÁSZF also applies to free services (for example the free intro call). Using Infinik means accepting this ÁSZF.

2. Applicable laws

  • Act V of 2013 on the Civil Code (Ptk.)
  • Act CVIII of 2001 on certain issues of electronic commerce services
  • Act CLV of 1997 on Consumer Protection (Fgytv.)
  • Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses
  • Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between consumers and businesses for the sale of goods and for the supply of digital content and digital services

Note: the consumer rules in these decrees, including the 14-day right of withdrawal, apply to contracts with Consumers. They do not apply to contracts with Businesses.

3. Registration and ordering

You have to register to place an order, because the products are only available in the Infinik application, which you log into with a username and password. When registering as a Business, you must give the business's details (e.g. company name, tax number).

Ordering step by step

  • The Customer picks the product, enters their details (or logs in) and picks a payment method
  • The order summary (the product, the price and the total to pay) is shown before the order is placed, and the Customer can correct input errors in the form fields
  • The Customer accepts the ÁSZF, then places the order with the button that carries an obligation to pay
  • The Customer receives a confirmation (for card payments the Barion confirmation, for bank transfers an email from Infinik) and can look up the order in their account later

The contract is concluded electronically, in Hungarian, and Infinik stores it electronically. Infinik has not submitted to any code of conduct.

When the contract is concluded

For card payments the contract is concluded when the payment completes successfully, for bank transfers when the order is placed. If a contract and payment link is requested, the contract is concluded by agreement of the parties. The terms of an individually negotiated contract or a personalised offer take precedence over the ÁSZF.

Prices, VAT and invoices

For Businesses, prices are net prices, to which the VAT (ÁFA) in force at the time is added. Consumers see the total including VAT on the order page before paying, and that is what they pay.

Both a Business Customer and a Consumer receive the invoice for the order by email, made out to the billing name and address given when ordering, and by ordering agree that the invoice is issued and sent in electronic form.

4. Payment and access

These payment methods are available:

  • Card payment: secure online payment through the Barion system, directly during the order
  • Bank transfer: a payment method you can pick during the order. Placing the order creates an obligation to pay: the Customer must transfer the total shown in the confirmation to the given bank account, quoting the given payment reference. We activate access once the transfer arrives, usually within 1-2 working days. If the transfer does not arrive by the given deadline, the reserved time slot is released
  • Contract and payment link (for Businesses): the Customer requests an offer on the order page, Infinik emails the contract template and the payment link, and we go through the details together. We activate access once the agreement is made and the transfer has arrived

Online card payments are processed through the Barion system. The card details never reach the merchant. The service provider Barion Payment Zrt. is an institution supervised by the Hungarian National Bank (Magyar Nemzeti Bank), licence number: H-EN-I-1064/2013.

On our website we use the Barion Pixel technology operated by Barion Payment Zrt. to keep payment transactions secure and to protect our legitimate business interests (fraud prevention). You can read about the data the Barion Pixel handles in detail in our Privacy Notice.

For card payments the product is activated immediately after the payment completes successfully, for bank transfers after the transfer arrives, and it becomes available to the Customer in the Infinik application. There are no delivery fees or delivery times, because the products are digital.

After the purchase the Customer receives an email confirming their access. The email address has to be confirmed for the Customer to be able to access the product again: until it is confirmed, logging into the system again is not possible.

5. Validity of entitlements, booking and cancellation

Purchased sessions and surveys appear in the Customer's account as entitlements. A session is used up by booking: one session is deducted from the entitlement for the booked time slot.

Highlighted terms

Infinik specifically draws the Customer's attention to the two terms below, because they differ from usual contractual practice. They become part of the contract if the Customer expressly accepts them when ordering (Ptk. section 6:78 (2)).

  • Validity: a purchased session or survey can be used within 365 days of the entitlement coming into existence (the payment completing). When the deadline passes, a session or survey that has not been used expires, and its purchase price is not refunded
  • Late cancellation and no-show: the Customer can cancel a booking free of charge at least 24 hours before the session starts, and the session then goes back into their entitlements. If the cancellation arrives later, or the Customer does not show up, the session counts as used and is not given back, neither as a new time slot nor as money

A session cancelled or not held by Infinik does not count as used: the session goes back into the Customer's entitlements, or the Customer gets a new time slot.

6. Voluntary money-back guarantee (the Infinik guarantee)

On top of the rights set out in law, the operator of infinik.hu gives the Customer a voluntary money-back guarantee on these terms:

  • Deadline: within 15 days of the day of purchase the Customer can ask for the purchase price back by email (hello@infinik.hu). After day 15 there is no refund, for no product, surveys included
  • Sessions ordered separately: every order counts as one unit and can only be refunded as a whole. If the Customer bought the sessions separately at the full price shown on the order page (for example four coaching sessions in four separate orders), the full purchase price of the order of a session that has not been used is refunded. The fee of a session that has already been used is not refunded
  • Packages: a package bought together at a discounted price (for example a package of four sessions, or a package that contains both sessions and a survey) forms one unit. The full purchase price is refunded only as long as nothing from the package has been used. Once the Customer has used anything from the package, the guarantee on the package ends and no part of the purchase price is refunded. For a package that includes a survey, submitting the focus questionnaire also counts as use
  • Surveys: the purchase price of a survey is refunded if the Customer has not yet submitted, within the application, the focus questionnaire needed to use the survey. Once the focus questionnaire has been submitted (so that the creation of the tailored questionnaire has started or been completed), the guarantee ends
  • Used session: a session that has taken place, or whose cancellation deadline has already passed under section 5
  • Refund: for a request that meets the conditions, the operator refunds the amount due within 14 days of the request, using the same payment method the Customer used. The refund is based on the purchase price actually paid (with a discount code, the amount reduced by the discount)

This guarantee comes on top of the Consumer's statutory rights and does not limit them, including the right of withdrawal (section 7).

We have bought on impulse ourselves, and we want to be especially mindful of people living with ADHD. :)

7. Special provisions for Consumers

This section applies to Customers who qualify as Consumers under section 1. No provision of the ÁSZF reduces the rights a Consumer has by law, and if another section of the ÁSZF contradicts this section, this section applies to the Consumer.

Right of withdrawal

The Consumer can withdraw from the contract without giving a reason within 14 days of the day the contract was concluded (Government Decree 45/2014, section 20).

The intention to withdraw has to be communicated in a clear statement, for example by email to hello@infinik.hu, or by filling in the sample statement below. The deadline is met if the Consumer sends the statement before it expires.

Withdrawal statement (sample)

  • To: Ackbar Seli Kft., 1194 Budapest, Kócsag utca 41., hello@infinik.hu
  • I, the undersigned, hereby declare that I am exercising my right of withdrawal from the contract for the provision of the following service
  • Date the contract was concluded:
  • Order number (if known):
  • Consumer's name:
  • Consumer's address:
  • Date:

In case of withdrawal, Infinik refunds the full amount the Consumer paid without delay, and no later than 14 days after learning of the withdrawal, using the same payment method the Consumer used, without charging any additional fee.

Once the service has been performed (the consultation has taken place), the Consumer can no longer exercise the right of withdrawal.

Warranty

The Consumer has the warranty rights provided by law (Ptk., and for the supply of digital content and digital services, including use of the application, Government Decree 373/2021 (VI. 30.)). You can report defective performance at hello@infinik.hu.

Complaints and enforcing your rights

Section 9 has the contact details for complaint handling, the conciliation board, the consumer protection authority and the courts.

8. Data processing

The privacy notice (GDPR) is a separate document, which the operator publishes on Infinik's website. You can find it here: infinik.hu/en/privacy

Data processing for surveys

When a Business orders a survey, Infinik also processes the answers of the people filling it in, on the Business's behalf. The data processing agreement under Article 28 of the GDPR is set out below, and the Business accepts it by placing the order:

  • Roles: the Business is the controller of the respondents' data, Infinik is the processor
  • Subject matter and purpose: running the survey, compiling and analysing the answers, and presenting the results to the Business in an analysis and a consultation. The data processed are the respondents' answers and the classification data needed for the evaluation, and the data subjects are the respondents the Business invited
  • Instructions: Infinik processes the data only on the Business's documented instructions, based on the survey order and its settings, and for no other purpose. If it considers an instruction unlawful, it tells the Business
  • Confidentiality and security: staff with access to the data are bound by confidentiality, and Infinik applies appropriate technical and organisational measures under Article 32 of the GDPR
  • Sub-processors: the Business gives general authorisation to use the partners listed in section 4 of the Privacy Notice and the Google services used to collect the answers. We announce any change in the Privacy Notice, and the Business can object to it
  • Assistance: Infinik helps the Business meet data subjects' requests, and notifies it of a personal data breach without undue delay
  • Deletion: Infinik keeps the survey data for the period set out in section 3.10 of the Privacy Notice, then deletes it, and hands it over before that on request
  • Audit: Infinik makes available all the information needed to demonstrate compliance with its obligations under Article 28 of the GDPR, and allows audits
  • Informing respondents: the Business informs the respondents about the data processing, and for this Infinik publishes a notice: infinik.hu/en/privacy#kitoltok

9. Complaints and dispute resolution

The Customer can submit a complaint to the operator of Infinik at any time by email to hello@infinik.hu. We look into a complaint within 30 days and tell the Customer in writing, by email, our substantive answer, the outcome of the complaint handling and any further steps.

Infinik investigates a Consumer's oral complaint right away and remedies it where possible. If the complaint cannot be remedied immediately, we make a record of it. We keep the record of the complaint and a copy of the substantive answer for three years.

In case of a dispute, the Parties try to settle it amicably. If that does not work, the Hungarian courts with subject-matter and territorial jurisdiction are entitled to decide it.

If Infinik rejects the Consumer's complaint, or the dispute is not settled, the Consumer can turn to the conciliation board (békéltető testület, the out-of-court consumer dispute body) competent for their place of residence or stay, to the Budapest Conciliation Board (Budapesti Békéltető Testület), which is competent for Infinik's registered office, to the consumer protection authority (the Budapest and county government offices), or to a court. Infinik cooperates in the conciliation board procedure as required by law. The contact details of the Budapest Conciliation Board:

10. Intellectual property, availability and termination

  • Intellectual property: the questionnaires, analyses and methodology Infinik produces and the content of the application are the intellectual property of Infinik (or its licensors). The Customer may use the purchased materials for their own internal purposes, and may not sell them to or publish them for third parties. Content the Customer provides (for example the notes in a workbook) stays with the Customer
  • Availability: Infinik aims to keep the service continuously available, but does not guarantee uninterrupted operation
  • Termination: the Customer can ask for their account to be deleted at hello@infinik.hu. Infinik can suspend an account in case of a serious breach of contract (for example misuse of the service or of other people's data)

11. Liability

Infinik is not liable for damage arising from technical problems on the Customer's side, from a lack of internet connection, or from incorrect data provided by the Customer, unless the damage was caused by Infinik's intentional or grossly negligent conduct.

12. Final provisions

These General Terms and Conditions are valid in the latest version published on infinik.hu from the time the contract is concluded. Infinik may amend the ÁSZF at any time, but an amendment takes effect only from the day after it is published and does not affect contracts already concluded. By using Infinik, the Customer acknowledges the published ÁSZF, including its amendments.

This ÁSZF is in force from . For matters it does not regulate, Hungarian law applies, in particular the Civil Code (Ptk.) and the provisions of the Electronic Commerce Act.

Please read the ÁSZF carefully before ordering, and contact us at hello@infinik.hu if you have any questions.

Anyone thorough enough to get this far gets a unicorn: 🦄

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