Telenor Wallet Terms and Conditions

By downloading the Telenor Wallet application and clicking the “Accept” button at the bottom of the page, Telenor Wallet Users accept the following Terms of Use, which govern the contractual terms and conditions of the legal relationship between the Operator and the User.

You are kindly informed that you will be using Budapest Bank’s “Budapest Mobile Application Service” (Budapest Mobil Alkalmazás szolgáltatás) when you use the Telenor Wallet features linked to Telenor MyCard. The relevant General Terms and Conditions of Budapest Bank will apply.

Below you can read the terms applicable to the MobileShopping service (MobilVásárlás szolgáltatás) (parking, motorway toll stickers, lottery) as well as for balance top-ups with a bank card and settlement of invoices, the acceptance of which qualifies, pursuant to Section 6:77-81 of the Hungarian Civil Code, as contract conclusion under the General Terms and Conditions, using an individual communications device equivalent to electronic correspondence.

Telenor Wallet Users agree that Telenor Wallet is a free application, Users may use it at their own responsibility and subject to the Operator’s limited liability, i.e. Operator assumes liability solely for wilful breaches of contract and for those that endanger human life, body or health, i.e. it is not to be held liable for damage arising from the unauthorised use of the Telenor Wallet application or requests and announcements received from unauthorised persons, including in particular any possible unauthorised access to the data in the Telenor Wallet application or any misuse (Section 8 and 11).

Operator calls the attention of Telenor Wallet Users to the fact that they should take appropriate security measures in order to protect their mPIN (Section 8) and their mobile devices against unauthorised access (e.g. use of a separate PIN code for the mobile device).

Effective from: 24/05/2015

1. DEFINITIONS

1.1. As used hereunder, the following terms—both in singular and plural—will have the meanings below:

Bank Card

Cash equivalent means of payment produced in line with applicable standards which the holder can use to dispose over the associated bank account or credit account, including the Telenor MyCard.

Bank card data

Data required to carry out transactions with Bank Cards in Telenor Wallet Applications that Users must provide to the Operator during the Bank Card registration for the purpose of carrying out Telenor Wallet Transactions (except for the MobileShopping service) (Section 4).

mCard

The form of bank card as displayed in Telenor Wallet.

Mobile Device

A mobile device (e.g. mobile phone, tablet), suitable for receiving SMS messages and available to Telenor Wallet Users, which is required for using the Service and has the operating system as indicated on the Service Website and displayed as amended from time to time.

mPIN

A four (4) digit code provided for using the Service for the purpose of identifying the Telenor Wallet User. The Telenor Wallet User enters the mPIN in Telenor Wallet during the registration of the application, which may modified subsequently at any time. The mPIN is and may solely be known to the Telenor Wallet User.

Accepting Entity

All business organisations, economic operators, sole entrepreneurs or other organisations with legal personality which accept Bank Cards as a means of payment for balance top-ups or invoices through approval granted in the scope of Service Delivery, and have executed the relevant contract(s) with the Accepting Bank to provide the above financial services and supplementary financial services, whereby the Accepting Entity complies with all requirements necessary to enable the above-mentioned acceptance.

Accounting Bank

Accepting entity that settles Telenor invoice payments and Telenor prepaid top-up transactions (see: Clause 2.2.) using registered bank cards in Telenor Wallet, and which provides for money to be sent, namely OTP Bank Nyilvánosan Működő Részvénytársaság (registered office: 1051, Budapest, Nádor utca 16. company registration number: 01-10-041585).

Terms of Use or Contract

The totality of the terms and rules laid down hereunder and the legal regulations they may reference; use of the Service is subject to the conclusion of these.

Parties

The User and the Operator of the Telenor Wallet jointly.

Service

1) The data encryption and data storage services that the Operator provides to Telenor Wallet Users based on these terms and conditions and that are required for Bank Card use and through that for performing a part of Wallet Transactions. Based on the effective statutory provisions, the Service qualifies as an (incidental) technical service supporting payment services and is not an activity subject to licensing pursuant to the provisions of Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; this part of the Service means a service in connection with the information society according to Act CVIII of 2001.

2) In the case of MobileShopping, the Operator forwards SMS messages (see Section 2.1) pursuant to the provisions of Act C of 2003 on Electronic Communications.

3) The Operator provides data encryption and data storage services linked exclusively to the Telenor MyCard as a contributor of Budapest Bank performing an outsourced activity, and the terms and conditions of this Service are included in the General Terms and Conditions of Budapest Bank.

Service Website

The website containing all information, descriptions and other conditions related to the Service can be accessed at https://www.telenor.hu/mycard/Wallet.

Operator or Telenor

Telenor Hungary Ltd. (Telenor Magyarország Zrt., registered address: H-2045 Törökbálint, Pannon út 1), tax ID: 11107792-2-44, hereinafter: “Operator” or “Telenor”), which used Cellum Global Zrt. (registered address: H-8600 Siófok, Újpiac tér 8, hereinafter: “Cellum Global Zrt.”) as a contributor.

Telenor MyCard

A cash equivalent means of payment linked to a credit account, issued by Budapest Hitel- és Fejlesztési Bank Zrt. (registered office: H-1138 Budapest, Váci út 193.; company registration number: 01-10-041037; hereinafter: “Budapest Bank”), suitable for performing Telenor Wallet Transactions (except MobileShopping), and for using services (balance inquiry, setting of the daily limit, transaction list queries) linked exclusively to the Telenor MyCard in the Telenor Wallet application, based on an existing contract of the card holder with Budapest Bank.

The Telenor Wallet or the Telenor Wallet application

A mobile application installed by Telenor Wallet Users on their Mobile Device and provided by the Operator (mobile application) which makes it possible for the Telenor Wallet User to use the Service, which includes the system operated by Cellum Global Zrt., the application interface used by the Telenor Wallet User and other software components.

Telenor Wallet User or User

A private individual who downloads the Telenor Wallet mobile application to his/her Mobile Device and is fully authorised to use the Bank Card based on a contract or he/she has a contractual relationship with the Operator or another mobile operator in the case of the MobileShopping service and is entitled to carry out MobileShopping transactions.

Telenor Wallet Transaction

Transactions that can be carried out currently in Telenor Wallet are as follows: MobileShopping service (Section 2.1) and Telenor balance top-ups and Telenor invoice payment transactions (Section 2.2).

2. TELENOR Wallet TRANSACTION

2.1. MobileShopping service

Brokered service available to the subscribers of mobile operators in Hungary with which the subscribers of mobile operators can purchase various products or services using their Mobile Devices, including but not limited to parking meter fees, motorway toll stickers, lottery tickets. Telenor’s subscribers can buy the various products or services by charging them to their subscriber credit limit or the balance they top up to their universal balance. (Subsequent settlement of the price of MobileShopping purchases constitutes the “invoice payment” service below, rather than this service.) Other rules applicable to MobileShopping in respect of the Operator’s subscribers are included in the Operator’s General Terms and Conditions and on the https://www.telenor.hu/szolgaltatas/mobilvasarlas website; the contractual terms of the given mobile operator always apply in the case of other mobile operators.

2.2. Telenor balance top-up, Telenor invoice payment

Service available to the subscribers of mobile operators in Hungary for Telenor balance top-ups in the case of Telenor prepaid subscriptions or for payment using a Bank Card of Telenor invoices in the case of postpaid subscriptions with registered mobile phone accounts: debiting—as a payment transaction—to be performed by charging the balance of and/or the available credit limit assigned to the bank account or credit account linked to the Bank Card, based on which the electronic data string representing the transaction between the Telenor Wallet User and the given Accepting Entity (in this case the Operator), aimed at a goods purchase and/or rendering of services (base transaction), is forwarded to the payment services provider completing the payment operation using the Service to complete the payment transaction. Telenor’s General Terms and Conditions contain the other rules applicable to balance top-ups and invoice payments.

3. SUBJECT OF THESE TERMS OF USE

3.1. The Service the Operator is to provide to the Telenor Wallet User based on these Terms of Use includes the following with regard to Bank Cards:

(i) Electronic storage—in a format that complies with requirements specified by international card companies—of the Telenor Wallet User’s Bank Card details in encrypted form, on the one hand on a mobile device, and on the other hand in an electronic system beyond the mobile device, that are provided to the Operator in respect of the Bank Cards (referred to henceforth as: “Bank Card Data”).

(ii) Encryption—in compliance with requirements specified by international card companies—of the Bank Card Data, and their conversion to the format required for authorising the given Telenor Wallet Transactions.

(iii) The forwarding of the Bank Card Data as per the Telenor Wallet User’s instructions with the help of telecommunications devices to the Accounting Bank that accepts the Telenor Wallet Transaction for the purpose of authentication and the authorisation of the Telenor Wallet Transactions.

(iv) The forwarding of encrypted data returned by the Accounting Bank that accepts the Telenor Wallet Transaction to the Telenor Wallet User.

3.2. The Operator will inform the Telenor Wallet User about features currently provided in the scope of the Service on the Service Website. The Telenor Wallet User accepts that the Operator may improve and add features to the Service for the purpose of improving the quality of the Service or he/she may terminate the Service in accordance with these Terms of Use.

3.3. The Telenor Wallet User acknowledges that the Operator has the right to consider any Bank Card Data it receives that are sent by entering the mPIN selected by the Telenor Wallet User as having originated from the Telenor Wallet User; the Operator shall not be held liable for any damage arising from unauthorised use of the mPIN.

3.4. Bank Card Data arriving from the Telenor Wallet User may be considered to have been received in the scope of the Service if the electronically sent message containing them is recorded in the database of the Operator’s IT system correctly in terms of content and format, i.e. in line with the system’s requirements.

3.5. The Telenor Wallet User explicitly acknowledges that (i) the Service is distinct from the base transaction concerning Telenor balance top-ups and Telenor invoice payments; (ii) the granting of authorisation by the Telenor Wallet User using the Service—by pressing the relevant button—qualifies as authorisation for the respective Telenor Wallet Transaction, i.e. agreement to the operation to be implemented, including, in particular agreement of the Telenor Wallet User concerning the authorisation for the payment operation to be executed by debiting the Telenor Wallet User’s Bank Card in question.

3.6. The Telenor Wallet User (user that registered the Bank Card) warrants at all times when using the Service that the Bank Card they use in the scope of the Service qualifies as one over which they possess full powers of use, as granted by the respective issuing bank.

4. TECHNICAL PRE-REQUISITES FOR USING THE SERVICE

4.1. In order to use the Service, the Telenor Wallet User is required to have the following:

(i) a Mobile Device running the Android 4.1 or later operating system or the iOS 7.0 or later operating system, a working version of the Telenor Wallet application with an appropriate release number registered on it, and technology that ensures the sending and receipt of text messages (SMS), and provides data traffic as stipulated for using the Service (mobile radio telephony service subscription including data traffic or ensuring data transfer capability using other means); and

(ii) a Bank Card suitable for using the Service, and its registration in the Telenor Wallet application using the following data in the case of Telenor Wallet transactions for which a Bank Card needs to be used:

a) The Telenor Wallet User’s mobile number.

b) The number, security code (CVV2/CVC2/CSC code = the last 3 digits marked on the signature stripe on the reverse of the Bank Card or a PCSC, which is 4 digits on the face of the Bank Card), expiry date of the Telenor Wallet User’s Bank Card.

c) the Telenor Wallet User’s name (as shown on the Bank Card).

4.2. The Telenor Wallet User acknowledges that the Service will solely be operational on the basis of the details listed above as amended from time to time in the case of Services for which a Bank Card needs to be used.

4.3. The Operator is entitled to deny service provision for as long as the Telenor Wallet User fails to comply with the stipulated criteria or fails to provide for compliance on his/her side. The Telenor Wallet User acknowledges that the Service is provided in an integrated and closed information technology system, having regard to which denial of service as above will be automatic.

5. INFORMATION ON DATA CONTROLLING

5.1. The Operator will control the following personal data and other data in the course of delivering the Service: the mobile number registered in the Telenor Wallet application, the IP-address used when using the Mobile Device, the numbers of registered Bank Cards, the number of Telenor Wallet Transactions completed using the Bank Card, the Mobile Device type, the mobile phone’s operating system, the number of unsuccessful Telenor Wallet Transactions, language settings used on the Mobile Device, Telenor Wallet subpages visited, as well as combination(s) of these data. Additionally, the Operator will store and forward to the Accounting Bank the name of the card holder marked on the Bank Card, the Bank Card security code, the Bank Card expiry date, and the Bank Card number (“Details”) in an encrypted form as required by international card companies.

5.2. The information provided here does not apply to the scope of data controlled by various user interfaces (e.g. AppStore, Google Play) and the Mobile Device for downloading applications.

5.3. Data controlling as laid down in Section 5.1 serves the purposes of creating a contract, defining and amending its content, monitoring how the Service is performed (analysing the efficiency and the utilisation levels of the Service), performing the Service, i.e. performance of Telenor Wallet transactions, fault management, keeping contact. The duration of data controlling shall be as follows:

a) if the User—in the case of the Termination of the Contract—requests the Operator to delete the data in accordance with Section 13.2.2, the Operator provides for the deletion of the data immediately, or

b) if the User has not launched any Telenor Wallet Transaction for one (1) year, based on the information available to the Operator—including in particular the cases described in Section 13.2.1 below—, the Operator deletes the data after one (1) year from registration or from the last use of the Service or it will anonymise the data.

5.4. The Operator will use the services of data processors for providing the Service.

5.4.1. The Operator uses Cellum Global Zrt. as a data processor for performing the Telenor Wallet Transactions, which will contribute both to the provision of the Service and to fault management. Further information about the safety of the service provided by Cellum Global Zrt. is available here: [http://cellum.hu/our_solution/security].

5.4.2. The Operator uses the Google Analytics service in order to monitor the performance of the Service (to analyse the efficiency and the utilisation level of the Service). Detailed information on Google’s Analytics service and Google’s general data protection principles are available on the Google website ([http://www.google.hu/intl/en/policies/privacy/] and [https://www.google.com/analytics/learn/privacy.html?hl=en]). Google Analytics is provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA); visitor data are processed on servers located in the USA. Google participates in the so-called Safe Harbor program through which the data processing they perform should be regarded as data processing concerning which an appropriate level of protection for personal data is provided. (The Safe Harbor program is based on Decision 2000/520/EC of the European Commission and the framework program issued by the Ministry of Trade of the United States of America.) The Service points out that Google Inc. will perform additional processing of data in accordance with its own rules, which the user's acceptance of these terms of use contribute. For more information about the user empty the links above.

5.5. Telenor Wallet Users expressly consent to the Bank Card data to be handed over in an encrypted form to the Operator and Cellum Global Zrt. used as a data processor in order to settle and carry out Telenor Wallet Transactions.

5.6. The Telenor Wallet User explicitly consents to the Operator saving and storing the data files available to the Operator of Telenor Wallet Transactions, forwarded to the credit institution that issued the Bank Card and performs the respective Telenor Wallet Transaction, and with the exception of the encrypted data, use them possibly within the storage period stipulated in Section 5.3 above. These data and personal data may be controlled for purposes of law enforcement, national security and defence, if so provided under governing legislation. Data may be handed over to the organisations that perform these tasks if so provided under the applicable legislation.

5.7. Data and information that do not qualify as personal data or other confidential information provided or created during the Service, including in particular anonymised personal data, may be controlled by the Operator for monitoring, analysing and further developing the Service and for marketing purposes.

5.8. Concurrently with accepting these Terms of Use, the Telenor Wallet User explicitly accepts the information provided about data controlling as a provision constituting an integral and inseparable part of these Terms of Use. The Telenor Wallet User declares that their data provision under the Contract is voluntary.

5.9. The Telenor Wallet User expressly acknowledges and accepts that the Operator does not perform a separate identification of the Telenor Wallet User while providing the Service, and when making any contact under this Contract with the Operator, Operator will check only if the telephone number provided by the Telenor Wallet User matches, therefore Operator offers only limited support in connection with the Telenor Wallet application and the Service (Sections 6 and 7).

6. COMPLAINT MANAGEMENT, CUSTOMER SERVICE

6.1. If the Telenor Wallet User raises a complaint about the performance of any Telenor Wallet Transaction, the User is obliged to notify primarily the credit institution issuing the Bank Card and/or the Accounting Entity with regard to the fact that the Operator processes the data required to perform the Telenor Wallet Transactions in encrypted form only, hence other information in connection with the transactions are not in its possession. Should the Telenor Wallet User have any other complaint in connection with the Telenor Wallet application, it can notify the Customer Service Desk, which is available around the clock, every day of the year, using any of the following contact details:

a) postal address: Telenor Magyarország Zrt., H-2045 Törökbálint, Pannon út 1.

b) phone number: 14500 or +36 20 20 14500

c) e-mail address: telenormycard@telenor.hu

6.2. The complaint must include the registered mobile phone number of the person lodging the complaint, his/her personal identification details, and the accurate description, location, time and date of the incident on which the notification is based. The person lodging the complaint agrees to the controlling of the data listed above for the purposes of complaint management.

6.3. The Operator may disregard a complaint if it can be inferred from the circumstances of lodging the complaint that the content is false or if the person lodging the complaint cannot be identified.

6.4. The Operator will investigate the complaint and notify the Telenor Wallet User of the result thereof in writing within 30 (thirty) days of the certified reporting of the complaint to the Operator. The Operator has the right to forward its notification as described in this Clause solely to the e-mail address specified by the Telenor Wallet Telenor Wallet User, and the provision of an e-mail address for this purpose qualifies as consent on behalf of the Telenor Wallet User to the use of data for the purpose described in this Clause.

6.5. The Telenor Wallet User must lodge any complaint related to the Telenor MyCard (balance inquiry, setting of the daily limit, transaction list queries) with Budapest Bank.

7. TECHNICAL SUPPORT, TROUBLESHOOTING, MAINTENANCE, TEMPORARY SUSPENSION AND DEVELOPMENTS RELATED TO THE FUNCTIONING OF TELENOR Wallet

7.1. The Telenor Wallet User can report any defects detected regarding the use of the Telenor Wallet and request technical support using the Customer Service Desk’s contact information as set out in Clause 6.

7.2. The Operator will ensure that any defect arising on the Telenor Wallet operator side as recipient is corrected within the shortest possible time, depending on the nature of the error.

7.3. The Operator and its agent are only required to eliminate defects arising in the background system operated by them, they will not take action in connection with the operation of a Mobile Device, hardware, computing applications or any other technological devices beyond the Telenor Wallet system. The Telenor Wallet User is obliged to see to the elimination of defects of such a nature at their own cost and/or by way of the respective operator. The Telenor Wallet User shall accept the Operator’s notification regarding the nature of the defect until proven otherwise.

7.4. The Operator has the right to temporarily suspend Telenor Wallet use partly or completely for maintenance or repair purposes, or for other organisational/operational reasons. If Telenor Wallet use is temporarily suspended for maintenance, repair or other organisational/operational reasons that can be planned in advance, the Operator may notify the Telenor Wallet User thereof by electronic means via Telenor Wallet. If Telenor Wallet use is temporarily suspended for maintenance, repair or other organisational/operational reasons that cannot be planned in advance, the Operator may notify the Telenor Wallet User thereof without delay by electronic means via Telenor Wallet, by sending a message in the Telenor Wallet application, except if—in the Operator’s opinion—such notification is impossible given the nature of the reason for temporary suspension or it is impracticable for the sake of the quickest possible elimination of the reason for temporary suspension. The Operator shall not be held liable for failure to perform Telenor Wallet Transactions or any delay therein as a consequence of applying this provision, nor for any possible damage arising from failure to provide notification.

7.5. The Operator reserves the right to develop and modify Telenor Wallet. The Operator will notify the Telenor Wallet User of this from time to time, in an SMS message or via the Telenor Wallet application.

7.6. The Telenor Wallet User agrees to use the enhanced version of Telenor Wallet in accordance with the Operator’s instructions. The Operator shall not be held liable for any damage arising from the Telenor Wallet User failing to satisfy this obligation.

8. SECURITY REQUIREMENTS APPLICABLE TO TELENOR Wallet USE

8.1. The eligibility of the Telenor Wallet User to use certain Telenor MyCard-related features in Telenor Wallet (balance inquiry, setting of the daily limit, transaction list query) will be specified in the contract concluded with Budapest Bank or through the terms and the restrictions indicated in a contract concluded with the party specified as the eligible party in such a contract.

8.2. The User is obliged, at all times, to use Telenor Wallet as intended—in accordance with the provisions of these Terms of Use—and to observe the security requirements applicable to operating it. The Telenor Wallet User is obliged to take all actions that may be generally expected of them in the given situation to keep the mPIN they have specified safe, and are obliged to ensure that no unauthorised third parties learn the mPIN and no unauthorised third parties have access to it. The Telenor Wallet User may not make a note of the mPIN or other codes required for using the Service, and may not record such on the Mobile Device and/or in the software or on any other item kept together with those. The Operator cannot be held liable for any consequences (direct or indirect damage, costs, etc.) arising from the Telenor Wallet User’s failure to discharge their aforementioned obligations; only and solely the Telenor Wallet User will be liable for such consequences.

8.3. The Users are obliged to promptly notify the bank that issued the Bank Card and cancel the Bank Card as soon as they learn about this circumstance and deactivate the SIM card linked to the Mobile Device with the mobile operator of the Telenor Wallet User if they realise that the mPIN required for using Telenor Wallet is no longer in their possession or it has been stolen or used in any unauthorised or unapproved manner. Also, Users are obliged to follow and comply with the instructions and the rules of the bank that issued the Bank Card.

8.4. The Operator has the right to deactivate Telenor Wallet permanently or temporarily at any time with immediate effect, and to refuse or suspend forwarding any Telenor Wallet Transaction if this is necessary to ensure the secure functioning of Telenor Wallet and prevent any misuse. The Operator will notify the Telenor Wallet User of the fact of deactivation and the grounds for it prior to deactivation but after deactivation at the latest, in an SMS message and/or through Telenor Wallet. The Operator will not be subject to this notification obligation if it jeopardises the security of the functioning of the Service or if fulfilment of the notification obligation is ruled out by law.

8.5. The Operator shall not be held liable for damage incurred by the Telenor Wallet User or any third person on account of Telenor Wallet use being suspended or deactivated in the manner specified in Section 8.4 above.

8.6. The Operator shall not be held liable for any consequence (direct or indirect damage, costs, etc.) affecting the Telenor Wallet User or any third person as a result of misuse or deceit in connection with any announcement, inquiry or request, in particular the manner of identification according to these Terms of Use (based exclusively on the telephone number, cf. Section 5.9).

8.7. The Operator will assume no liability for any cancellation/deactivation of the mCard and the Telenor Wallet Application that is unwarranted or not made by the relevant person.

9. FEES

9.1. The Operator will perform the Service for the Telenor Wallet User free of charge.

9.2. The credit institution that issues the Bank Card may charge the fee under its posted notice(s) as amended from time to time for the Telenor Wallet Transactions that can be performed in Telenor Wallet, and the operator that provides internet connectivity required for using the Service may charge mobile data traffic fees.

10. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

10.1. All of the software and databases provided by the Operator for rendering the Service, as well as the property rights and other rights and interests related to them, including rights associated with any pertinent intellectual work, constitute the sole property of the Operator and/or any third parties that grant it rights of use to the said, and as such are subject to protection under the applicable laws. The Telenor Wallet User will be given non-exclusive, non-transferable usage rights, revocable at any time, restricted to the extent required for using the Service regarding the use of Telenor Wallet, without any transfer of applicable copyright and/or related rights and other intellectual property rights.

10.2. The structure, architecture and coding of software/database(s) are valuable trade secrets and confidential information owned by the Operator and/or the third parties that grant it rights to use them. The Telenor Wallet User is obliged to treat such as a trade secrets without any limitation in time.

11. LIABILITY AND INDEMNIFICATION RULES

11.1. The Telenor Wallet User may use Telenor Wallet according to the rules laid down in these Terms of Use, and is obliged to demonstrate conduct in compliance with the contract, take all actions that may be expected of them in order to avoid any circumstances that jeopardise their contractually compliant conduct or to avert any impending damage to the Operator deriving from a breach of contract that has already occurred, regardless of whether or not such a circumstance has arisen beyond or within their control, and whether or not such circumstance was foreseeable at the time of concluding the contract. The Telenor Wallet User is thus obliged in particular to promptly file the notification specified in Section 8.3 with the issuer of their Bank Card and deactivate the SIM card attached to the Mobile Device with the mobile operator.

11.2. Upon any breach of these Terms of Use, the Operator fully excludes its liability in connection with the Terms of Use, i.e. with the Service, or if this is not possible, limits it in accordance with Section 11.3, unless otherwise provided by governing legislation.

11.3. If the Operator cannot exclude its liability validly on the basis of the applicable legislation, the Operator’s liability in the case of liability stemming from any breach of contract or from non-contractual obligations related to the Terms of Use will be limited to actual, direct and proven damage arising therefrom, but even so, it shall not exceed HUF 10,000 (maximum), that is ten thousand Hungarian forints.

11.4. The Operator and any third parties it uses while performing the provisions of the Terms of Use may not be held liable for consequences beyond actual damages, i.e. for consequential damages (regardless of why such arises), unsuccessful transactions, the cost of substitute products or services, and any temporary suspension of business activities.

11.5. The Operator explicitly rules out—in the manner permitted in the applicable statutory provisions—its liability for any and all defects, data transfer disruptions, communication disruptions, information distortions, delays, non-performance, incorrect and defective performance, for confirmations and other notifications being incorrect or defective or for failing to provide such which have occurred while providing the Service due to any of the following reasons:

a) Reasons beyond the Operator’s scope of activity that cannot be averted (force majeure) or compliance with provisions in legal regulations and acts of the acquis communitaire.

b) Any defect of the communications system operated by a service provider that establishes electronic connectivity between the Operator and the Telenor Wallet User arises in a system operated independently of the Operator, and is required for Telenor Wallet to operate.

c) The voluntary or negligent interruption, damaging, hacking of the Telenor Wallet system in any manner whatsoever by the Telenor Wallet User or a third party or any attempt at such.

d) The provision of data with incorrect or untrue content by the Telenor Wallet User or if the Telenor Wallet User fails to notify the bank that issued their Bank Card of any change within the time limit and in the stipulated manner.

11.6. The Operator explicitly rules out its liability if it is unable to provide the Service because of any malfunction of the systems it manages or any system interfaced with these (including technical devices). If the Telenor Wallet User does not receive confirmation from the Operator within 30 minutes of sending the appropriate Data, they can contact the Customer Service (Sections 6 and 7).

11.7. The Telenor Wallet User acknowledges that the stipulations of international card companies as amended from time to time shall prevail with regard to Bank Cards and payment transactions associated with them. The Operator explicitly rules out its liability in matters governed by the provisions of international card companies.

11.8. In line with the aforementioned, the Telenor Wallet User shall bear all liability for and risks linked to the results of the Service.

11.9. The Operator explicitly rules out its liability for any errors and outages occurring in the computer systems of the credit institution that issued the Bank Card.

11.10. The Operator rules out its liability for any outages, errors and resulting damage that may occur in the Telenor Wallet application because of the Mobile Device or the software and applications that run on it. Similarly, the Operator rules out its liability for any outages, errors and resulting damage that may occur in the Mobile Device (including in particular damage to, and loss of the data stored in it) or the software and applications on it because of running the Telenor Wallet application.

12. UNILATERAL AMENDMENT OF CONTRACT

12.1. The Operator has the right to unilaterally amend these contractual terms and conditions. The Operator will particularly exercise this right in the event of

a) any legislative amendment that does not permit any derogation from the provisions of the respective legal regulation in respect of the given contractual condition;

b) any stipulation specified by a specific international card company regarding the Bank Card (as a bank card type) that is applicable to the Service is modified in such a way that it does not permit any derogation from the provisions of the respective stipulation in respect of the given contractual condition.

12.2. The Operator will be obliged to post any such amendment on the Service Website in advance. The amendment will enter into force on the 15th (fifteenth) day after posting. Contracting Parties that do not accept the amendment will have the right to terminate the Contract.

12.3. The Operator may add features to the Service in the scope of the Service. The Telenor Wallet User may accept such additional features or may terminate the Service hereunder.

13. TERMINATION OF THE CONTRACT

13.1. The Contract made between the Operator and the User on the basis of the Terms of Use is terminated if

a) the Contract is terminated by the User (Section 13.2),

b) the Contract is terminated by the Operator (Section 13.3),

c) the Operator terminates the Service (Section 13.4),

d) the Telenor Wallet User dies or is dissolved without a successor,

e) the Telenor Wallet User does not meet the conditions for using the Service which they must meet after concluding the Contract or if they are unable to ensure such compliance.

13.2. The Telenor Wallet User may terminate the Contract with immediate effect without having to give a reason.

13.2.1. Cancellation of the Contract with immediate effect by the User shall include the following:

a) deleting the Telenor Wallet application from the Mobile Device,

b) entering the mPIN erroneously three times (in which case the registration of the application is cancelled),

c) the User re-registers the Telenor Wallet application (this counts as a new registration, i.e. the previous Contract is terminated and a new Contract is made),

d) the mobile number linked to the Mobile Device on which the Telenor Wallet application runs changes or the Mobile Device changes relative to that used at the date of registration,

e) the User has not used a Telenor Wallet Transaction for one (1) year according to information available to the Operator.

13.2.2. In the cases described in Section 13.2.1 above, the data controlled and processed by the Operator as well are not deleted automatically at the Operator because of the special nature of the technology used. If the Contract is terminated, User may request their deletion from the Operator in accordance with Section 5.3 (a) above before the deadline specified in Section 5.3 (b) expires. In view of the circumstances described in Section 5.9 above and in order to avoid any possible abuse, the Telenor Wallet User may request deletion of the data from the Operator in a private document of full conclusive force (e.g. in a statement signed by two witnesses) sent by mail or submitted in person at the Customer Service. The application may be sent by e-mail but only if the issuer of the electronic application attached a qualified electronic signature or an electronic signature of increased security based on a qualified certificate to it as specified in Act XXXV of 2001 on Electronic Signature.

13.2.3. In the case described in Section 13.2.1 (e), the Operator may contact the User before the termination of the Contract to ask whether it wants to maintain the Contract further or if it wants to enter into a new Contract (re-register).

13.3. The Operator may terminate the Contract with immediate effect or with a 60-day notice period.

13.3.1. The Operator may terminate the Contract with immediate effect without having to give a reason if:

a) the Telenor Wallet User requesting the Service discloses any false or untrue data to the Operator or data suitable for deception during registration or such data fail to comply with the criteria laid down hereunder or in the applicable laws,

b) the Telenor Wallet User misuses the Service in any manner whatsoever and/or after registration provides to the Operator any false or untrue data or data that is suitable for deception, in violation of the law or suitable for factually perpetrating a crime,

c) the Telenor Wallet User behaves in a manner that is in violation of the law or these terms and conditions and by this it endangers the safe operation of Telenor Wallet and/or the Service.

13.3.2. The Operator may terminate the Contract with a 60-day notice period without having to give a reason.

13.4. The Operator may terminate the Service without having to give a reason on the basis of the provisions of Section 14 below. In this case these Terms of Use shall lose effect at the time and date specified by the Operator.

14. CESSATION, SUSPENSION OF THE OPERATOR’S ACTIVITY

14.1. If the Operator resolves to dissolve without a successor or the Operator ceases its operations or the Service only in a planned and final manner or permanently suspends such them, it will perform at least the following procedures before stopping delivery of the Service:

a) it will post a notice in Telenor Wallet or in an SMS message 60 (sixty) days before terminating/suspending the Service.

b) It will notify the Telenor Wallet User by sending a text message to their mobile phones 30 (thirty) days before terminating/suspending the Service.

c) It will revoke any existing processing rights or authorisations based on a contract concluded previously with any third party in a contractual relationship with the Operator that is involved in storing and forwarding data, and call upon any such party to hand over the data it is storing.

d) It will perform complete and time-stamped backups of the Service-related databases in the interest of preserving information provided during registration and event log archives. The Operator will retain backed-up data files for the length of time by law and by the given international card company (whichever period is indicated in the stricter stipulation of the two), protect them from unauthorised modification, and ensure that unauthorised access is ruled out and that the data remain accessible and interpretable to those authorised to access them within the retention period.

15. GOVERNING LAW, REDRESS

15.1. Any matters not regulated hereunder shall be governed by the provisions of Hungarian law as amended from time to time.

15.2. The expressions and legal concepts appearing in this Contract must—unless provided for otherwise hereunder—be construed in line with the rules of the Hungarian language, consistently with the words’ generally accepted everyday meaning, and based on Hungarian law.

15.3. The Operator engages in its operations pursuant to Hungarian law as amended from time to time.

15.4. The Contracting Parties will seek to resolve any differences or disputes that may arise between them based on or in connection with this Contract through amicable means by way of direct negotiations.

15.5. Should any legal dispute qualify as a consumer dispute, its out-of-court settlement will be subject to the jurisdiction of the mediation body corresponding to the consumer’s address or registered office (www.bekeltetes.hu). In the absence of such, the settlement procedure may be filed with the Pest County Mediation Body (address: H-1119 Budapest, Etele út 59-61. II. em. 240.) that is competent as per the Operator’s registered address.

15.6. The Contracting Parties agree that in the unlikely event that they are unable to amicably resolve their dispute based on or concerning this Contract within 30 (thirty) days of commencing direct negotiations, the legal dispute will be decided by a regular lawsuit, and the Parties stipulate the exclusive competence of the Budaörs District Court (Budaörsi Járásbíróság) or the Székesfehérvár County Court (Székesfehérvári Törvényszék) for deciding the dispute, depending upon jurisdiction.

16. ENTIRE AGREEMENT

The above includes the entire contractual agreement between the Operator and the Telenor Wallet User, and supersedes all prior discussions, agreements, declarations, commitments, information provision or advertising materials concerning the Service.

17. SEVERABILITY

Should any of the provisions hereunder qualify as invalid, illegal or impossible to implement, such invalidity, illegality or impossibility of implementation will—to the extent permitted by law—have no bearing on the rest of the provisions in the Contract.

Appendix I – MasterPass Terms of Use

Notwithstanding anything else stated herein, if you do not agree with the following MasterCard Europe sprl (“MasterCard”) terms, you may not use MasterPass or the MasterCard site. In no event shall MasterCard or its affiliates be liable for any direct, indirect, special, punitive, exemplary, consequential or any other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) (other than losses which are reasonably foreseeable and which directly result from MasterCard's gross negligence, fraud or willful misconduct and for death or personal injury) arising out of or in connection with your use or access to MasterPass or the MasterCard site, your inability to use or access MasterPass or the MasterCard site or from any information, content, materials, products (including software) or other services included in or otherwise made available to you through MasterCard, your wallet provider, the MasterCard site or its content, even if MasterCard or its business partners, or its or their officers, directors, employees, representatives, agents or affiliates have been advised of the possibility of such damage or loss.

MasterPass is provided on an “as is” and “as available” basis. MasterCard and its business partners, and its and their officers, directors, employees, representatives, agents and affiliates disclaim all warranties, express and implied, including, but not limited to, any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. MasterCard does not warrant that the information contained in MasterPass, or on any third party site will be accurate or complete, or that MasterPass or any third party site will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements. MasterCard does not warrant that MasterPass will work with your operating systems or with any other software installed on your computers or mobile devices. Information obtained by you from MasterCard will not create any warranties. You assume all risks associated with your use of MasterPass. It is your sole responsibility to determine whether MasterPass is suitable and adequate for your needs. You specifically acknowledge that MasterCard does not have any control over your payment information transmitted by MasterPass on your behalf, and MasterCard cannot ensure that all transactions will be completed or that the party who has issued your card or rewards number, as applicable, will authorize such transactions.

In Hungary the foregoing does not affect the rights conferred upon consumers by applicable Hungarian consumer protection laws and does not affect the liability of any of MasterCard and its respective officers, directors, employees, representatives, agents and affiliates for death or personal injury arising from their negligence or any other liability which cannot be excluded or limited under the applicable Hungarian law, including, but not limited to, Act V of 2013 on the Civil Code, Act CCXXXV of 2013 on certain payment service providers, Act CCXXXVII of 2013 on credit institutions and financial enterprises and Act LXXXV of 2009 on provision of payment services.

The foregoing limitations and exclusions apply except to the extent expressly precluded by applicable law. In such jurisdictions, all or a portion of the above limitations may not apply to you and the scope and duration of MasterCard's warranties and the extent of its liability will be the minimum permitted under such applicable law. MasterCard's company/VAT number is BE 0448.038.446.