- GENERAL TERMS AND CONDITIONS
- We are the BTFold Média Korlátolt Felelősségű Társaság, a limited liability company registered in Budapest, Hungary and our registered address is 1036 Budapest, Bécsi street. nr. 85. ground floor door nr. 5. These general terms and conditions (hereinafter: GTC) apply if you use our online website “The Long Brief” (hereinafter: Website), subscribe to our newsletter or use our service which provides access to articles in exchange for a fee.
- You should read GTC carefully before using https://longbrief.com or purchasing an article on the Website or subscribing to the newsletter. By accessing, ordering or subscribing, you agree to be bound by this GTC (as applicable) and the documents referred to in them.
- DEFINITIONS AND ABBREVATIONS
GTC: general terms and conditions
Publisher: BTFold Média Limited Liability Company (registered seat: 1036 Budapest, Bécsi street 85. ground floor, door nr. 5., company registration number: 01-09-398755, tax number: 27805798-1-41)
Service: Providing access to the chosen articles on the Website
Website: online platform containing the Publisher’s articles operated by the Publisher under the domain https://longbrief.com
Parties: the Publisher and the Reader
Visitor: The natural or legal person who visits the Website
Registered Reader: The natural and legal person who has a registered profile on the Website
Cart: a virtual list of articles selected by the Reader
Newsletter: A newsletter provided by the Publisher, issued periodically, which contains news and articles published on the Website
Article: those articles which was created by the Publisher as an author and can be reached on the Website
Premium Content: Those Articles which are accessible solely in exchange for a fee
Free Content: Those Articles which are accessible free of charge on the Website
- INFORMATION ABOUT THE PUBLISHER
Company name: BTFold Média Limited Liability Company
Registered seat: 1036 Budapest, Bécsi út 85
Company registration number: 01-09-398755
Court of registration: Company Registry Court of the Metropolitan Court of Budapest
Statistical code: 27805798-6312-113-01
Tax number: 27805798-1-41
Bank account number: 11703020-21445262-00000000
- SCOPE OF THE GTC
4.1 MATERIAL SCOPE
4.1.1 The provisions contained in these GTC cover the use of the Website, the use of the Service and the subscription to the Newsletter.
4.1.2 The provisions of these GTC and the contractual relationship between the Parties shall be governed by the laws of Hungary, in particular the Act V of 2013 on the Civil Code and the Act CVIII of 2001 on certain aspects of electronic commerce services and information society services’ provisions. If Hungarian law cannot be concluded on any element of the contractual legal relationship between the Parties on the basis of the provisions of an international legal norm, international legal treaty or convention, the matter shall be governed by the international legal norm, international legal treaty or convention. Hungarian law shall apply to the provisions of the legal relationship that are not affected by an international legal norm, an international legal treaty or a convention.
4.2 TEMPORAL SCOPE
4.2.1 These GTC settles the terms and conditions of the performance and termination of contracts related to these GTC’s material scope.
4.3 TERRITORIAL SCOPE
4.3.1 The obligations and rights specified in these GTC shall be incumbent on and subject to the personal scope of these GTC without territorial restriction.
4.4 PERSONAL SCOPE
4.4.1 The personal scope of these GTC covers the Readers and the Publisher.
- USE OF THE WEBSITE
5.1 You can visit the Website and read Articles published by the Publisher as an author. Certain Articles are considered as a Free Content, as they shall be accessible by every Visitor, without a registration required. However, certain Articles shall be accessible solely for a fee. This kind of content is considered as a Premium Content. If you wish to reach an Article which is considered as a Premium Content, you need to use the Service.
5.2 In case you would like to use the Service, registration is required. You can create a registered profile and then order the Premium Content on the Website by fulfilling the following steps. To gain access to Premium Content, the first step is to create a registered profile.
5.3.2 An e-mail containing a verification link will be sent to you after your registration. To finalize your registration you shall click on the verification link. A registered profile is created after you confirmed your e-mail address with the sent verification link.
5.3.3 You have access to your registered account by clicking on the “Account” and the “Log in” dropdown menu by entering the e-mail address and password used during the registration.
5.3.4 After logging in to your account, you will have access to the following menus : “Purchased Contents”, “Orders”, “Addresses”, and “Account details”. By clicking on the “Purchased Contents” menu, you will access to your purchased Articles. By clicking “Orders” you can check the order number, date of the order, status of the order and the price of the order for your each purchase for the Premium Content.
5.3.5 By creating a registered profile, you became entitled to use the Service in case you purchase Premium Content.
5.3.6 If you wish to modify the data entered during the registration, you can make changes under the “Account Details” dropdown menu by clicking on the button containing your e-mail address. Changes for each data can be finalized by clicking on the “Save Changes” button.
5.3.8 You can delete your registered profile after logging in to the profile by clicking on the “Delete Profile” menu. The data managed in connection with the registered Reader’s profile will be deleted together with the deletion of the profile in such a way that they can no longer be restored.
5.4 GAIN ACCESS TO PREMIUM CONTENT
5.4.1 If using the Service you wish to purchase Premium Content you shall click on the “Buy Article” button at the end of the Article.
5.4.2 On the following page you shall view the “Cart” in which the “Price” and the chosen “Quantity” of the Articles shall be finalized.
5.4.3 In case you own a valid coupon carrying a discount entitlement, you shall validate your coupon by entering your coupon code and clicking on “Apply Coupon” button.
5.4.4 In the cart you can accurately check the Article and quantity you intend to order as well as review the total value of the Articles in the cart.
5.4.5 You can remove or add Articles from the cart you do not intend to order by changing the value of “Quantity” next to the Article to zero and deleting the Article from the cart by clicking on the “Update Cart” button.
5.4.6 When you viewed all data regarding the order, you can continue to place the order by clicking on the “Proceed to Checkout” button.
5.4.7 In case you already registered, you can log in by clicking on the “Click here to log in” button to proceed the order with a logged in profile. If you already added a billing address to your registered profile, you can proceed to the payment by clicking on the “Place Order” button.
5.4.8 If you do not have a registered profile or haven’t added your billing address to your registered profile yet, the next step is to enter the billing address. After entering the billing address, you can proceed to the next step by clicking on the “Place Order” button.
5.4.9 By clicking on the “Place Order” button you will be redirected to the payment interface.
5.4.10 The payment method available is payment using Borgun.
5.4.11 Upon payment via the Borgun payment interface, a confirmation e-mail will arrive to your e-mail account. The date of the conclusion of the contract shall be the day when the confirmation e-mail arrives to your e-mail inbox.
5.4.12 The concluded contract does not qualify as a written agreement to be filed by the Publisher, and therefore it will not be accessible thereafter.
5.4.13 Although the language of the contract is English, it is governed by the Hungarian law.
5.4.14 After ordering the Service, the purchased Articles become accessible through your account under “Orders” dropdown menu. Once you purchase an Article, you have an access to it until the deletion of your registered profile.
5.4.15 Publisher undertakes to provide access to the purchased Premium Content as declared in the contract as soon as the paid amount arrived to the Publisher. Publisher undertakes to provide access to the purchased Premium Content for 99% of the time of the year. Please note there shall be maintenance periods each year, which can limit your access to the purchased Premium Content.
- CONSUMER RIGHTS
5.5.1 The Publisher performs incorrectly if it does not provide a Service which meets the requirement set out in the contract.
- In the event of a defect of the Service, you may enforce its implied warranties of merchantability and/or fitness for a particular purpose and the Publisher shall be liable in respect of the Service you ordered.
- Based on the implied warranties of merchantability and/or fitness for a particular purpose claim, you may choose from certain options executed by the Publisher, with the exceptions included in these GTC.:
- you may demand repair servicing or replacement unless the chosen right relating to implied warranty is impossible to satisfy, or if the Publisher would incur any disproportionate extra cost with it in comparison to the fulfillment of another kind of implied warranty demands, with respect to the value of the subject-matter of the contract in non-defective conditions, the severity of the breach of contract and the inconveniences caused to you by fulfilling the rights relating to the implied warranty;
- you may demand proportionate price reduce, repair the defect or have the defect repaired by a third party at Publisher’s expense, in case the Publisher has not undertaken or is unable to fulfill its obligations to repair or replace the Service or if your interest in accessing the Service ceases.
5.5.4 You should note Services are considered as a digital content or a digital service which issues specific rules applied to the warranty claims declared in Government Decree nr. 373/2021 on the detailed rules of contracts between a consumer and a business for the sale of goods and the provision of digital content and the provision of digital services.
5.5.5 Regarding the specific rules, warranty claims are available with the following exceptions:
– you shall also be entitled – depending on the extent of the breach – to demand a proportionate reduction of the price or to terminate the contract if:
-repair or replacement would be impossible or would result in a disproportionate additional cost to the Publisher;
-a repeated performance error occurred despite the Publisher attempting to bring the Service into conformity with the contract;
-the defect in performance is so serious as to justify immediate price reduction or immediate termination of the contract;
-the Publisher has not undertaken to eliminate the error in the Service such way as it would meet the requirements set out in the contract, or it is clear from the circumstances that the business will not eliminate the error in the Service such way as it would meet the requirements set out in the contract within a reasonable time or without significant harm to you;
-in the event you wish to exercise your right to a repair or replacement, and the Publisher was obliged to fulfill your request free of charge within a reasonable time, without the least possible inconvenience caused to you, taking into account the nature and purpose of the Service, and the Publisher has missed to fulfill this obligation.
5.5.6 Depending on the technical characteristics of the digital content or digital service, the Publisher is entitled to choose the technical characteristics of the repair or the replacement in which it wishes to eliminate the error in the Service such way, as a result the Service would meet the requirements set out in the contract.
5.5.7 The price reduce’s amount shall be proportionate to the period the Service did not meet the requirements set out in the contract.
5.6.1 Regarding provision 29. § (1) point m) of the Government Decree nr. 45/2014 on the detailed rules of contracts between a consumer and a business, as a consumer you shall have the right to withdraw from this contract. However, as the Service shall be considered as a service which contains digital content you are not entitled to exercise your right to withdraw from this contract based on Government Decree nr. 45/2014 on the detailed rules of contracts between a consumer and a business.
5.7.1 Copyright provisions relating to the Website
22.214.171.124 All IT and software solutions, source code, programming descriptions, architecture on the Website; and all graphic, image, and motion picture appearances; in addition, all written documentation, text and slogans are the exclusive property of the Publisher as the author and are subject to copyright protection in accordance with copyright protection legislation. Based on the copyright protection, the Publisher has the exclusive right to dispose of the property rights related to the elements of the Website. Certain elements of the Website are also registered trademarks of the Publisher.
126.96.36.199 You are strictly prohibited from modifying, adapting, processing, copying, reproducing, distributing, translating, decrypting, transferring to third parties for any purpose any of the Publisher’s copyrighted or trademarked works.
188.8.131.52 It is forbidden to assemble and integrate the Website with your own or a third party’s software solution.
184.108.40.206 You are obliged to use the technical functions of the Website solely for the intended purposes. The Publisher warrants that the IT system running at the Website operates safely, and Publisher cannot assume any liability for damage that you suffer from the fault or malfunctioning of your computerized equipment or software, or because your IT system has been attacked by any malicious software (viruses, spyware). You are required to take all measures that is reasonably expected in the given situation to make your own IT system suitable for the intended use of the Service and in particular execute the due updates of your software, operating system, as well as the application of proper protection against malware.
5.7.2 Copyright provisions relating to Articles
220.127.116.11 Through the Service, you gain access to the Articles you order. You should note the concluded contract does not grant a license based on the Act LXXVI of 1999 on copyright law for the use of the Articles.
18.104.22.168 Every right regarding the Articles – including but not limited to copyright rights – belongs to the author of the Article or the Publisher.
22.214.171.124 Therefore, the concluded contract solely entitles you to read the Articles, however you are strictly prohibited from using the Article for any other purposes. You shall not share the Article to anyone as well as you shall not use it with business profit motive, you shall not multiply, distribute, modify or reconstruct the Articles. You shall not use the Articles to violate law or any third party right.
126.96.36.199 You are entitled to quote from the Articles with the obligation to display the source as well as the name of the author and the Website.
188.8.131.52 You are liable for any damages resulting from the breach of these provisions.
5.8 TERMINATION OF THE SERVICE
5.8.1 This contract regarding the Service is terminated by your unilateral declaration of the termination or by deleting your registered profile.
5.8.2 You are entitled to terminate the Service due to the amendment of this GTC, if you are not willing to accept the modified provisions. The termination shall be carried out by sending an unilateral declaration to the Publisher or by deleting your profile.
5.8.3 As the Service is considered as a digital content or a digital service based on the provisions of Government Decree nr. 373/2021 on the detailed rules of contracts between a consumer and a business for the sale of goods and the provision of digital content and the provision of digital services, you are also entitled to terminate the contract due the special provisions regarding digital contents and digital services (hereinafter: Contract)
5.8.4 In case the defect in performance is so serious as to justify, you are entitled to terminate the Contract.
5.8.5 If the Publisher undertakes to provide digital content or digital service and you solely provide personal data or undertakes to provide such data to the Publisher, you are entitled to terminate the Contract even in the event of a minor defect.
5.8.6 If the Publisher fails to comply with its obligation to provide the digital content without undue delay in the best condition at the time of concluding the Contract, you are entitled to notify the Publisher to perform as in the Contract. If, despite your notification, the Publisher fails to provide the digital content or digital service without delay or within an additional period agreed by the parties, you are entitled to terminate the Contract.
5.8.7 The consumer may terminate the contract without prior notification to the Publisher to perform if:
(a) the Publisher did not undertake to provide the digital content or the digital service or it is clear from the circumstances that it will not provide the digital content or will not provide the digital service; or
(b) it is clear from the agreement of the parties or from the circumstances of the Contract that performance on the agreed date is essential for you and the Publisher fails to comply with this obligation.
5.8.8 Your right to terminate the Contract shall be exercised by a legal statement addressed to the Publisher expressing your decision to terminate.
5.8.9 In the event of termination of the Contract, the Publisher is obliged to reimburse the full amount you paid in return. However, if the performance was in conformity with the Contract for a specified period before the termination of the contract, the price paid for that period shall not be refunded.
5.8.10 If you are entitled to a proportionate reduce of the price or you are entitled to terminate the Contract, the Publisher shall reimburse the amount immediately, but no later than fourteen days after becoming aware of the exercise of that right.
5.8.11 Publisher shall reimburse the amount returned to you the same way as the payment method you used. With your expressed consent, the Publisher may use another method of payment for the refund, but you will not be charged any additional fees as a result.
5.8.12 In the event of termination of the Contract, Publisher is entitled to prevent you from continue to use the Service. In this scenario, the Publisher is entitled to make the Service inaccessible to you or is entitled to block your account. The blocking of the account shall not affect your consumer’s right declared under Article 15 (3) of the General Data Protection Regulation to request a copy of the content of your personal data from the Publisher.
6.2 You can always unsubscribe from the Newsletter by clicking on the “Unsubscribe” button inside any e-mail sent to you via Newsletter.
- COMPLAINT HANDLING AND OPTIONS FOR THE ENFORCEMENT OF RIGHTS
7.1 Your complaints may be filed through the contact form on the Website or by e-mail or by mail.
e-mail address: [email protected]
address: 1036 Budapest, Bécsi út 85. fszt. 5.
7.2 The Publisher shall examine your complaint without fail, no later than 30 days, and inform you of its opinion regarding the complaint.
7.3 Should there be a dispute between you and the Publisher concerning the conclusion and performance of the contract, the quality of the Service, it is also possible to settle the dispute by way of extrajudicial dispute resolution. Such matters shall fall within the competence of the reconciliation bodies. The reconciliation body is responsible for trying to make a settlement between the Parties in order to resolve the consumer dispute, or otherwise – when such efforts remain ineffective –this body shall decide on the matter in question, in order to ensure a simple, quick, efficient and costeffective enforcement of costumer rights. The reconciliation bodies are independent bodies standing for the county-based (Budapest) chambers of commerce and industry. The reconciliation body that is competent at your address or place of residence shall be deemed as the competent authority. In the absence of your address or place of residence, the competence of the reconciliation body is to be determined with respect to the seat of the enterprise concerned in the consumer dispute. On the basis of your related request, instead of the above-mentioned competent body the reconciliation body indicated in your request shall be accepted as the competent organization of reconciliation.
7.4 Data of the reconciliation body that is competent at Publisher’s seat:
Budapest Reconciliation Body (BBT)
Address: H–1016, Budapest, Krisztina krt. 99.
Telephone: +36 1 488 2131
Fax number: +36 1 488 2186
E-mail address: [email protected]
7.5 In the event of any breach of consumer’s rights under Act CLV of 1997 on consumer protection and Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers you may contact the Consumer Protection Authority. The consumer protection supervisory authority of the county government office shall act as the consumer protection authority of first instance.
7.6 Contact information of the Consumer Protection Department of the Pest County Government Office
Address: 1088 Budapest, József krt. 6.
Phone number: (1) 459-4843
E-mail address: [email protected]
7.7 In order to settle the dispute between the Parties at court, in the form of litigation, the Parties may appeal to the court having jurisdiction in conformance to the provisions of Act CXXX of 2016 on the code of civil procedures.
- DATA PROCESSING REGARDING THE WEBSITE AND THE SERVICE
8.1 During the use of the Website, the Service or while you are subscribed to the Newsletter, Publisher will process your personal data for various purposes and with reference to different legal bases.
- OTHER PROVISIONS
9.2 AMENDMENT OF THE GTC
9.2.1 You are entitled to use the Website and the Service in accordance with the provisions of the GTC in force at the date of concluding the contract, which you are obliged to get to know before concluding the contract as well as to acknowledge the provisions as obligatory for yourself.
9.2.2 You will be notified of the amendment to the GTC no later than 15 days prior to the entry into force of the amendment.
9.2.3 Until the entry into force of the amendment to the GTC, you are entitled to terminate the contract with an unilateral statement sent to the Publisher according to its contact details stated in provision 3. The parties also consider the deletion of the registered profile to be an unilateral statement made in accordance with this paragraph by implied conduct.
9.2.4 If you continue to use the Website and the Service after the entry into force of the amendment to the GTC, it shall be deemed that you accept the amendment to the GTC and acknowledges that it is binding on you.
9.3 FINAL PROVISIONS
9.3.1 The rules of Act V of 2013 on the Civil Code shall apply to issues not regulated in these GTC.