Terms of Use K&H Trade Club and K&H Trade Resources

 

I. INTRODUCTION

1. Preamble: welcome!

Welcome to K&H Trade Club and K&H Trade Resources, a proposition offered to you by K&H Bank!

K&H Trade Resources is a web based portal offering access to business information to corporate clients of K&H Bank.

K&H Trade Club is a business partner finder community allowing corporate clients of K&H Bank to connect with one another or with corporate clients from other connected banks.

Offering the present service K&H Bank intends to carry out an economic boosting activity within the framework of its CSR strategy. The service is free of charge.

The platform running both solutions is developed, maintained and powered by Export Enterprises.

Please note that access to the Website and registration as further defined and described hereinafter is subject to approval by K&H Bank.

 

2. Definitions

Business Card: A business card presents the key details of a Company in the directory listing pages of the K&H Trade Club. The Community Manager can edit or remove elements from the business card as deemed necessary.

Business Card Data: Users fill in forms, post links and upload files to create or amend the extended Business Card of their Company in the K&H Trade Club; these constitute the Business Card Data. The extended Business Card is made available by clicking on “discover more” on the Business Card. It shows all details available about a Company. The Community Manager can edit or remove elements from the extended Business Card as deemed necessary.

Community Manager: The Community Manager has the position of building, growing and managing the online community of K&H Trade Club. This service is performed in English. He/she can be reached as stated in section 6. “Availability of the Website”.

Company: Corporate clients of K&H Bank concluded an agreement with K&H Bank to access the Website. Users list their Company in K&H Trade Club.

Content: means Business Card Data, User Messages, or any other type of content posted on K&H Trade Club and all communications of/between Users constitute the Content of K&H Trade Club. For the sake of clarity, any reference to content of the website, hereinafter, includes Content unless otherwise specified or otherwise required in the light of the specific context.

Controller: shall have the meaning as defined in the GDPR and Personal Data Act.

Data Subject: shall have the meaning as defined in the GDPR and Personal Data Act.

EE or Export Enterprises: Export Entreprises SA, Société Anonyme with capital of EUR 1.000.370 with headquarters at 1, rue de Stockholm – Paris. Registered with the RCS Paris under the SIREN No: 950571224.

GDPR: Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

K&H Bank: K&H Bank Private Limited Company with registered office at 1095 Budapest, Lechner Ödön fasor 9., Hungary, registered by the Court of Registration of the Metropolitan Court under company registration number 01-10-041043, tax number: 10195664-4-44.

K&H Trade Club: K&H Trade Club is a website, developed and operated by EE for K&H Bank, offering a community based solution to corporate clients of K&H Bank. The K&H Trade Club gives access to communities of other Banks that also make use of the ‘trade club’-white labelled platform solution offered by EE under their own brands.

K&H Trade Resources: K&H Trade Resources is a website offering a business information portal to corporate clients of K&H Bank and is operated by Export Enterprises.

Opportunities: K&H Trade Club has an automatic matchmaking script that selects possible counterparts for a Company, based on products traded and topics of interest. This automatic selection is named “Opportunities”. The Community Manager can select and feature possible Opportunities for a Company, based on products traded and topics of interest. This manual selection is named “Selected Opportunities”.

Personal Data: shall have the meaning as defined in the GDPR and Personal Data Act.

Personal Data Act: Hungarian Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.

Processor: shall have the meaning as defined in the GDPR and Personal Data Act.

Terms of Use: The present terms and conditions.

User: natural person who is a registered user of K&H Trade Club and K&H Trade Resources and who has created a Business Card. A user acts on behalf and for account of his or her Company. Unless otherwise specified or otherwise required in the light of the specific context, any reference to “you” or “User” should be read as a reference to the relevant Company. There might be several Users for one Company.

User’s Message: A communication sent from one User to another User in the K&H Trade Club.

Vendors: K&H Bank may select 3rd party business to business vendors related to international trade services and allow them to propose their services inside K&H Trade Club via promotional messages.

Website: Means the web based platform encompassing the K&H Trade Club as well as the K&H Trade Resources. Users can login to this platform with their UserID and can access the services. Available at: https://trade.kh.hu/club/en/

 

 

II. GENERAL PROVISIONS

1. Access to the Website

A. Registration

The Website is exclusively accessible for corporate clients of K&H Bank. Anyone who desires to access the Website must

  1. request an activation code by contacting your dedicated K&H relationship manager or on tradeclub@kh.hu by sending the name of the Company, TAX number and email contact and name of user(s). Considering of the request falls solely within the competence of the K&H Bank; and
  2. register as set forth below and review these terms with the utmost of care, print them, and keep a copy thereof. The Terms of Use are accepted when first accessing the web page and with every visit thereafter.

K&H Bank may modify, alter or update these Terms of Use at any time without prior notice, and such modifications shall be effective immediately upon posting of the modified Terms of Use to the Website unless provided otherwise. Any subsequent use of the Website shall constitute such User's consent to the modification, alteration or update.

When first accessing the Website via the authentication the customer must enter the required information in the registration form. If this information is inaccurate, incomplete or out of date, access to the Website may be denied or suspended.

After completing the form, new identification data will be created for access, such as user name and password, which may be used exclusively by the customer and those authorised to access the Website in his or her name (the "User"). This authentication information is personal and confidential. The User agrees to handle it confidentially and never to divulge it to third parties in any form and inform K&H Bank promptly about any use by unauthorised third persons. Access to the Website and a consultation of the same is possible around the clock, except for the times when upgrades or maintenance procedures are performed, or when there are problems that are attributable to the network providers. Access to the Website requires the recognition and confirmation of the User that he or she is authorised contractually to represent a client with respect to requests for services and information that he or she could forward. Subject to the foregoing, every User expressly acknowledges that K&H Bank may interrupt at any time without prior notice access to the Website or delete a personal profile, which has the consequence that the User may no longer take advantage of the services provided in the future.

B. Termination of User’s or Company’s account and access

K&H Bank retains the right to determine whether or not a User's or the Company’s conduct is consistent with these Terms of Use and may terminate said User's or the Company’s access to the Website with immediate effect without prior notice if that User's or Company’s conduct is found to be inconsistent with these Terms of Use. The User’s or the Company’s conduct is seriously inconsistent with the Terms of Use especially in case of failure to comply with the following regulations and in the case of section (iv) below:

i. Prevention of money laundering

In order to prevent money laundering and terrorism financing, K&H Bank must have the clearest possible understanding of the User’s and the Company’s activities, the User’s and the Company’s business partners and the economic background of the financial operations on the User’s and the Company’s bank account. The User and the Company always have to comply with the Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing and other similar Hungarian and European Union legislation classifies.

 

ii. Sanction procedures

a) The User and the Company is not allowed to conduct activities that violate the restrictive measures introduced by the European Union, the United Nations Organisation or the United States of America against certain countries, persons or entities and not allowed to be in a business relationship with a person, organisation or body included in the sanctions lists maintained by the European Union, the UN or the USA. Detailed information about the sanctions lists introduced by the EU, the UN and the USA is available on the website of the National Bank of Hungary.

b) The User and the Company or any of the Company’s owners/executives cannot be subject to restrictions under the sanctions procedures of the European Union, the United Nations Organisation or the United States of America.

 

iii. Anticorruption strategy

Corruption is defined as benefits given/offered in order to unfairly influence others (active corruption), the receipt/acceptance of bribery in return for conducting action that would not have happened otherwise or for omitting action that would have happened otherwise (passive corruption), or the promise or delivery of advantages to public officials whose influencing for gain or for acquiring business is not permitted (corruption of public official). The User and the Company has to refrain from all forms of corruption.

 

iv. If a breach of contract occurs in a contract representing a significant financial obligation of the Company or any of the Company’s affiliates, based on the conditions of documents specifying such financial obligation, or if it violates a contract concluded with any company within the K&H Bank’s sphere of interest. In terms of the application of this provision, any financial obligation shall be deemed significant if it exceeds, including its charges, 2% of the Company’s total liabilities to the K&H Bank outstanding at the given date under any legal title, but at least HUF 250,000. Company’s affiliates means business organisations in relation to which the Company has at least a controlling influence or which have at least a controlling influence in the Company as per the Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises.

K&H Bank may also terminate a User’s and Company’s access in the event of long term inactivity of the User.

K&H Bank retains the right, at its sole discretion, to terminate a Company’s access to the Website with a 30 days’ notice period without the need to provide any reason. Upon expiry of this period, the access of each User acting on behalf of the Company will be terminated.

The User’s or Company’s account and access will be terminated also on the day, when all of the contracts between the Company and K&H Bank is terminated or on the day, when the Website or the service agreement between K&H Bank and the Export Enterprises is terminated.

K&H Bank shall not be liable to any User, Company or other third party for any termination hereunder.

A User's request for termination will result the deletion of the account.

In case of termination of an access for whatever reason, K&H Bank deletes the User's account and its Content.

 

2. Information about processing of personal data

When accessing the Website, the User's Personal Data is necessary for the provision of the services offered through the platform. The Personal data will be processed for the purpose of registration of User ID’s, customization and administration of the services, and notification of opportunities for User’s Company. The processed personal data is limited to User’s name and email address.

K&H Bank shall be responsible for the processing of the Personal Data on the K&H Trade Club. The KBC Trade Club connects with other bank’s trade clubs to form the trade club community. Export Enterprises, a EU-based company, shall act as Processor of the Personal Data. Export Enterprises manages the Website and will only process Personal Data in accordance with K&H Bank’s instructions.

Other Users and other banks that are connected to the EE trade club platform will not receive User’s Personal Data unless the User shares the Personal Data himself. User accepts that Personal Data will be shared outside the European Economic Area in case those Personal Data are placed in a User’s Message intended for a User that is not located in the European Economic Area.

More information on how K&H Bank processes personal data is available in the K&H Data Protection Information.

 

3. General Website content

Any information on this Website, unless explicitly stated, does not constitute an offer, solicitation to conclude a contract, or a binding obligation, by K&H Bank and is not a recommendation or specification for import / export transactions by customers. The information is not to be considered or used as professional advice from K&H Bank and does not take into account the individual requirements of the Company or User.

 

4. Liability of K&H Bank

Any services accessible via or through the Website are offered by EE or third parties. K&H Bank expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, K&H Bank makes no warranty and assumes no liability that:

  1. any goods, products, services, information or other material will be delivered or provided in a correct and timely manner and will meet your requirements;
  2. the quality, accuracy or fitness for a particular purpose of any goods, products, services, information or other material will meet your expectations; It is the sole responsibility of each Company to investigate its commercial counterparty in accordance with normal business practices;
  3. any User’s access will be uninterrupted, timely, secure or error-free;
  4. any errors in the Content and in the software will be corrected.

K&H Bank can’t be held liable for any damage (direct or indirect) suffered by a User or a Company as a result of or caused by, or by the use or consultation of, any goods, products, services, information or other material offered through or via the Website.

Although the information presented on the Website is updated, the content is not exhaustive and is not to be regarded as such. The material contained in the Website is to be considered "as described", with the possible consequence that it is inappropriate and/or not adequate for the Company’s and/or User’s specific needs and interests.

Therefore K&H Bank does not guarantee the reliability of the information contained in the Website and cannot be held accountable for:

  1. any errors or omissions in the information available on the Website;
  2. any loss, damage, or expense (including legal fees) caused by the content of the Website or that can be attributed to it.

 

5. Rights to intellectual and industrial property

All content on the Website is protected by the relevant provisions in force for copyright and intellectual and industrial property. Examples of content of the Website are texts, images, photos, movies, databases, graphics and tables, any arbitrary general graphical and/or textual presentation, methods, processes, functions and software that are used for the functioning of the Website. Subject to the provisions in the contract terms for specific fee-based services provided by the Website, it is not permitted to copy and/or reproduce the content of the Website without the express written permission of K&H Bank completely or partially, temporarily or permanently, in any way or form.

The User agrees to use the data and information exclusively for its own internal purposes and not to share it - neither for payment nor free of charge – with third parties or market it directly or indirectly. Failure to comply with this condition will result in deactivation or deletion of the account and the username, subject to any legal action that K&H Bank could take for the purpose of obtaining compensation claims against the subject who committed the transgression.

Likewise, all trademarks, domain names, business names, companies, logos and inscriptions appearing on the Website are property of K&H Bank or EE, or at least property of third parties that maintain business relations of different types with K&H Bank or EE, and are therefore protected by the applicable provisions on distinctive marks. Therefore, the reproduction of the same is strictly prohibited in any form or type without express authorisation from K&H Bank or EE and/or the respective legal owner. K&H Trade Club and K&H Trade Resources and the logos included in this Website are products and service names; they may not be used by any third parties without the express written consent of K&H Bank. It is also strictly forbidden to register the term “Trade Club” or "Trade Resources" under any top-level domain name.

Finally, it is strictly forbidden to use any distinctive marks available on the Website such as meta-tags or commands in HTML language that, even if they do not change any visuals or formatting of a certain command, give the electronic agents or search engines instructions for an improvement in ranking of another web presence other than the Website.

 

6. Availability of the Website

Although EE is using innovative solutions to maintain the Website accessible at all times and free of any defects, it declares that the computer systems used for access could be inaccessible, incompatible, or not free from defects, viruses and/or other malfunctions. Consequently, anyone accessing the Website recognises and accepts explicitly that its use is "in its present condition, subject to availability."

If any issues arise while on the Website, Users can send an email to the section "Contact us" available on the homepage of the Website. K&H Bank does not assume responsibility for any damages incurred due to the lack of accessibility to the Website services or as a result of damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, problems with the network, providers or telephone connections and/or telematics connections, unauthorised access, data manipulation, or by malfunction and/or faulty function of the electronic devices of the User himself.

 

7. Usage procedures of the Website

In addition to the above paragraph, K&H Bank declares that the content of the Website cannot be completely or partially copied, reproduced, republished, charged, transmitted, forwarded or distributed in any form without prior written authorisation from K&H Bank; exceptions include activities such as printing, downloading and viewing a part of the contents of the Website according to these Terms of Use and subject to the necessity that all information related to the rights of intellectual and/or industrial property rights are respected.

Likewise the content of the Website may not be fully or partly distributed through communication channels such as the Internet, television or radio systems or any other system without prior written authorisation from K&H Bank.

You agree not to sell, resell, or offer for any commercial purposes, any portion of the Website, and access to the Website or content without the express written consent of K&H Bank.

The Users are the only ones responsible for the use of the Website and its content. Therefore K&H Bank cannot be considered in any way liable if the User utilises the Website or its content illegally.

 

8. Obligations of the Users of the Website

All Users who access the Website declare, implicitly, to be of legal age and agree to:

  1. not use the Website and the material that it contains for purposes that are illicit, contrary to current regulations, and/or in violation of third-party rights;
  2. act responsibly and in good faith when navigating and using the Website;
  3. use the Website only to benefit from the related services in accordance with the Terms of Use;
  4. not interact on the Website in the name of or on behalf of a third party where the latter has not provided binding authority to do so.

In addition, all Users who access the Website agree not to use it themselves or allow a third party to use it in order to:

  1. modify, breach, disable or damage existing security features on the Website or to probe their weaknesses;
  2. intervene in any way in the navigation of the Website or in the use of services by attempting – for example only – to overburden the system or Website itself or to spread viruses;
  3. access any services offered from a platform other than the homepage of the Website;
  4. attempt to circumvent the security measures of the Website or to violate the network in which it occurs by accessing data that are not specifically designed for the Users or probing the security of other networks (e.g. by "port scanning");
  5. carry out any form of network monitoring to intercept data that is not specifically designed for individual Users;
  6. send unsolicited emails including "junk mail" or other advertising materials to those who did not specifically request such. Specifically, Users are expressly forbidden to send unwanted mass emails ("bulk mail"), including commercial e-mail, messages about promotions or information on political or religious surveys;
  7. send or receive information and/or content that is technically harmful (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); can cause unwarranted interference, incidents or attacks; aims to intercept, or attempts to intercept communications that were transmitted via telecommunications systems; is intended for any type of fraudulent purposes.

All Users agree to inform K&H Bank if they uncover or become aware of any of the above circumstances by filling in the web form under "Contact us" on the homepage of the Website.

 

9. Linking and framing

It is not permitted without prior written authorisation from K&H Bank to create links with the homepage or even internal and/or additional pages for the Website (i.e. "Deep Links"), or to introduce or present the content of the Website on another website ("Framing").

In order to obtain such written authorisation, the interested parties must submit a separate application by filling in the web form under the “Contact us” section on the homepage. Provided the application for creating a link is approved, the applicant will receive a non-exclusive and non-transferable license for the use of the term "[Trade Resources]", solely for the purpose of providing a hyperlink from the Internet presence of the respective rights holders to the Website, and any other uses are expressly excluded.

A violation of the terms provided in this paragraph will also be punished according to relevant laws as unfair competition.

 

10. Cookies

The Website uses cookies for technical purposes. These cover data on when you access the Website, any personalized settings, and your browsing behaviour. The User will be asked to consent to the use of cookies through a cookie banner. Cookies are necessary to optimize navigation and your browsing experience.

When you enter this Website, you accept that we can place cookies on your computer or any other device that you use for accessing the Website.

A cookie is a small text file which is stored on your hard disk by the website you visit. The text file contains information and is, among other things, used for supporting the visitor's use of the relevant website.

There are two types of cookies. The first type, which is called a persistent cookie, stores a file on your hard disk for a certain period of time. The other type, which is called a session cookie, is only stored temporarily during the time you visit a site.

With regard to the Website we use both types of cookies to help us make our visit statistics more reliable and to increase the functionality for our users.

A condition for being able to use the Website’s services is that you have accepted the use of session cookies. These cookies enable you to carry out the Website’s services in a simple and smooth way and will disappear when you log off.

If you do not want to accept cookies, you can change the security settings of your browser (Internet Explorer, Firefox, Chrome etc.).

 

11. Access to the Website from abroad

Each User who accesses the Website from a country other than Hungary must comply fully with the present Terms of Use and applicable laws in Hungary and explicitly guarantees to use the Website and its contents in such a way that the above laws are not violated.

 

12. Changes or additions to the Website

K&H Bank can replace, add, modify and/or amend the Website and/or its contents as well as its implemented technology at any time without notice and at its own discretion. In this context K&H Bank discloses that such activities may result in a temporary or permanent loss of access to the Website and/or its content.

 

13 Governing law and jurisdiction

The Terms of Use shall be governed by the laws of Hungary. Any dispute will be brought before the courts of Hungary.

 

14. Miscellaneous

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Should a User object to the Terms of Use or any subsequent modifications thereto or become dissatisfied with the Website in any way, the User's only recourse is to immediately discontinue the use of the Website.

K&H Bank’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by K&H Bank in writing. Each User and K&H Bank agree that any cause of action arising out of or related to use of the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.

 

15. Notices

Notices regarding the use of the Website must be sent in writing as a registered letter with return receipt to the following address:

Export Enterprises, 1 rue de Stockholm F-75008 Paris, FRANCE

 

 

III. SPECIFIC PROVISIONS APPLICABLE TO K&H TRADE CLUB

The following provisions apply to the K&H Trade Club on top of the Terms of Use above. In case of conflict between the two the following special provisions supersede.

 

1. Functionalities

In practical terms as for the K&H Trade Club:

  1. K&H Trade Club is a business community website, please behave and respect the members: don't spam, don't steal, don't plagiarize, etc.
  2. You are aware that we have the right to moderate, edit and remove contributions, and to remove your account or block your access to the Website as we may deem necessary.
  3. You are aware that the Content you read on K&H Trade Club was posted by fellow Users and may not have been reviewed or edited by the Community Manager at the time you read it.

 

2. No unlawful or prohibited use

  1. K&H Trade Club is provided solely as a convenience to you. By using K&H Trade Club you warrant that you will not use K&H Trade Club, or any of the Content obtained from K&H Trade Club, for any purpose that is unlawful or prohibited by these Terms or Use.
    Without limiting the generality of the foregoing, you agree not to:
  1. transmit through K&H Trade Club any unlawful, harassing, libellous, abusive, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, threatening, or harmful material of any kind or nature; or material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  2. impersonate any person or entity, including, but not limited to, a K&H Trade Club official or a User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements;
  4. upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. interfere with, attempt to gain unauthorized access to, or disrupt K&H Trade Club or computer systems hosting K&H Trade Club;
  7. violate any applicable local, state, national or international law;
  8. "stalk" or otherwise harass another;
  9. copy or transfer any part of K&H Trade Club;
  10. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; and
  11. interfere with another User's use of K&H Trade Club.

 

3. Users' obligations

They must:

  1. provide true, accurate, current and complete Business Card Data
  2. maintain and promptly update their Business Card Data

Users are wholly and solely responsible for maintaining the confidentiality of their access credentials to K&H Trade Club; they are wholly and solely liable for all activities occurring there under. K&H Bank is not responsible for misuse or misappropriation of any Content a User has posted on K&H Trade Club.
The Community Manager encourages Users to respond to all requests, at least to acknowledge reception, but the Community Manager shall in no case be held responsible for the lack of response. Repeated absence of response by a User can be a reason for removing their account or blocking access to K&H Trade Club as deemed necessary.
K&H Bank cannot and will not be liable for any loss or damage arising from a User's failure to comply with this Section

 

4. The Community Manager

The Community Manager has the right to remove/add/make changes to any information on the K&H Trade Club. This information refers to but is not limited to, Business Card Data, Content information and User’s Messages. The Community Manager has the right to limit the messages and the interaction of members. The Community Manager, acting under K&H Trade Club, reserves the right, but has no obligation, to monitor disputes between Users and to restrict, suspend, or close accounts if deemed necessary.
Each User agrees that User’s Messages may be read by the Community Manager for reasons of checking compliance with the Terms of Use.


5. K&H Trade Club Communication Charter
The below tables provides an overview of the charter:
TYPE OF MESSAGES

  1. Unique message : Personalized message sent to one Company
  2. Target Campaign : Personalized or template message sent to between 1-20 RELEVANT Companies with a specific business goal
  3. Partnership messages : Message sent between same Companies providing the same service
  4. Mass Campaign : Template message sent to many Companies ( 20+ ) both relevant and non-relevant with a specific business goal
  5. Advertising: Sending messages explaining what you do to both relevant and non-relevant Companies. Message sent multiple times to same recipient

  
GUIDELINES FOR EXCHANGING MESSAGES

 

Unique

Target Campaign

Partnership

Mass Campaign

Advertising

Messages exchanged by companies with the same activity (wine – wine) / same activity family (wine – food)

Messages exchanged by companies from different business sectors but with a valid link
(wine – transport)

Messages exchanged by companies from different activities/ sectors

Mix of the first three message types above

N/A

N/A

Duplicate messages


starting from the third message


starting from the third message


starting from the third message


starting from the third message


starting from the third message

✔ = message allowed on the platform

✖ = message not allowed on the platform

Please note that the above tables are only guidelines. The Community Manager and K&H Bank have the final say in the validation of messages.

The Community Manager can be contacted for further information related to the Communication Charter.

 

6. Content Responsibility

All information, data, text, software, audio/video content (including sound, graphics, and still or moving images, etc.), or any other materials whatsoever, whether publicly posted or privately transmitted, is the sole responsibility of the User from whom such Content originated.

This means that each User, and not K&H Bank, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via K&H Trade Club. Users may (outside K&H Trade Club) enter into correspondence with or engage into business with Companies or Vendors based on the products or services descriptions posted on K&H Trade Club. Any such correspondence or business, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Users, Companies and Vendors. K&H Bank assumes no liability, obligation or responsibility for any part of any such correspondence, promotion and business. It is the sole responsibility of each Company to investigate its commercial counterparty in accordance with normal business practices.

K&H Bank reserves the right to refuse, modify or delete any Content, including but not limited to Content of which it becomes aware and deems, in its sole discretion, that does not fulfill the purpose of the Website or that violates the Terms of Use or may be otherwise illegal.

Under no circumstances will K&H Bank be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted to, or emailed or otherwise transmitted via K&H Trade Club.

The User commits itself not to direct claims to any other bank connected to the platform in regard to damage incurred as a result of any of the circumstances mentioned above.

 

7. Copyrights

K&H Bank responds promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on K&H Trade Club in a way that constitutes copyright infringement, you may notify K&H Bank with the following information in writing:

  1. documented evidence that you have directly requested the infringing User to remove the concerned material and/or seize the infringing activities;
  2. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  3. identification of the copyrighted work that you claim has been infringed;
  4. identification of the material that is claimed to be infringing and information reasonably sufficient to permit K&H Bank to locate the material, including the full URL.
  5. your name, address, telephone number, and email address.
  6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  7. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

After receiving a claim of infringement, K&H Bank will investigate and take appropriate actions within reasonable limits and on a best effort basis.

 

8. Licensing and terms applying to Users’ generated Content

When posting Content, the submitting User retains ownership of his Content and, in exchange for being permitted to use K&H Trade Club and benefit of the services offered through K&H Trade Club, grants to K&H Bank a worldwide, royalty-free, perpetual, irrevocable license to publish such Content there from with links to full content in K&H Trade Club, let other Users print, view, access it in their web browser while accessing K&H Trade Club, and/or to incorporate it in other services related to K&H Trade Club and made it available to the Users in any form, media, or technology now known or later developed such as Apps, RSS feeds, etc.
Subsequently K&H Bank hereby grants the right to Users and Vendors the right to print, view, and perform such Content (excluding User’s Messages) solely within a web browser while accessing K&H Trade Club for their personal use.
If you think someone has stolen or misused your intellectual property on K&H Trade Club, please report to tradeclub@kh.hu.


9. Third party services & promotional messages/Links
Users allow K&H Bank as well as selected Vendors to provide them with notices and promotions for their respective products and services. K&H Bank is not responsible for these third-party activities.
K&H Bank, Users or Vendors may provide links to other websites (“Third Party Sites”). K&H Bank exercises no control whatsoever over such Third Party Sites and web-based resources and is not responsible or liable for the availability nor the accuracy there of or the content, advertising, products or other materials thereon. The presence of such links may not be taken as an indication or recommendation of K&H Bank to visit the linked web pages in any way. K&H Bank shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User or Company in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
You are responsible for evaluating whether you want to access or use a Third Party Site or service. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not.


10. General practices regarding usage
K&H Bank may establish general practices and limits concerning the use of K&H Trade Club. K&H Bank has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by K&H Trade Club.

 

11. Indemnity; Disclaimer; Limitations of Liability
Each use of K&H Trade Club is at the User’s sole risk. K&H Trade Club is provided on an "as is" and "as available" basis and K&H Bank assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User’s communications or personalization settings. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at User's own discretion and risk and that each User will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material.
K&H Bank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goods, property, profits, goodwill, use, data or other intangible losses (even if K&H Bank has been advised of the possibility of such damages), resulting from any User's use or inability to use K&H Trade Club or services thereon; resulting from any goods or services purchased or obtained or messages received or transactions entered into as a result of K&H Trade Club Opportunities (including Selected Opportunities); resulting from any unauthorized access to or alteration of your transmissions or data; or from statements or conduct of any third party on K&H Trade Club; or from any other matter relating to K&H Trade Club. In no event shall K&H Bank’s total cumulative liability to any User or other party under these Terms of Use or otherwise exceed EUR 1000.
This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  1. apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) K&H Bank knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  2. not apply to any damage that K&H Bank may cause you intentionally or knowingly in violation of these Terms of Use or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in these Terms of Use.

No advice or information, whether oral or written, obtained by any User from or through K&H Trade Club shall create any warranty not expressly made herein. Moreover nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between K&H Bank and any User or other person or entity nor do these Terms of Use extend rights to any third party.
As noted above, K&H Bank does not and cannot control all the actions of site Users, Vendors or linked third parties. K&H Bank reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. K&H Bank does not guarantee continuous uninterrupted or secure access to K&H Trade Club. Operation of K&H Trade Club may be subject to interference from numerous factors outside K&H Bank’s control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to K&H Trade Club.
The foregoing disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behaviour, negligence or any other course of action by K&H Bank.
You agree to indemnify K&H Bank and hold it harmless for all damages, losses and costs (including, but not limited to, reasonable attorney’s fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms of Use, including, without limitation, your submission of Content that violates third party rights or applicable laws, (2) any Content you submit to K&H Trade Club and (3) any activity in which you engage as a result of Opportunities in K&H Trade Club.
The User commits itself not to direct claims to any other bank connected to the platform in regard to damage incurred as a result of any of the circumstances mentioned above.
User may close your account at any time.


12. Violations
Please report any violations of the Terms of Use (except for claims of intellectual property infringement) to tradeclub@kh.hu


13. How to Contact Us
If you have questions or comments about these Terms of Use please contact us online at tradeclub@kh.hu  or by postal mail at:
Head office: K&H Bank, 1095 Budapest, Lechner Ödön fasor 9. | Hungary