PREFLOPWHIZ TERMS AND CONDITIONS
Preflopwhiz is a Pot Limit Omaha poker game web application that contains preflop strategies that can be requested by the users (hereinafter: Partner or Members) for all the existing card combinations for all the decision-making situations in the database (hereinafter: Service). The Service is available on the website of https://www.preflopwhiz.com/ (hereinafter: Site). This Terms and Conditions, the Wiki and the FAQ contain the exact description of the decision-making situations and every other important information in connection with the strategies.
In case of compliance, this contract is executed between the recipient Partner of the Service and:
Name: Juhász Benjámin e.v.
Place of management: Petőfi street 166/A. Budapest 1196 (Hungary)
Tax number: 57291552-1-43
VAT registration number: HU57291552
as Service Provider with the following conditions.
I. General Information
1.1. Contact of the service provider:
E-mail: hello@preflopwhiz.com
Address: Petőfi street 166/A. Budapest 1196 (Hungary)
1.2. Information
The Service Provider - in compliance with the current legislation – informs the Partner about the significant matters concerning the Service, especially about the followings: the territorial extension of the Service, the changes of the technical standard and conditions of the Service, the new services and their use, the conditions of access, the fees and their changes.
In the Privacy Policy, the Service Provider informs the Partner about the changes concerning the managing of data, contingent disclosure of data to other service providers, the decisions made by the Service Provider in connection with these data, the legal remedies, the controller and the processor of the common data set and the place of controlling and processing.
1.3. General Terms and Conditions:
Version number of the General Terms and Conditions (hereinafter: T&Cs) 1.0/2021
The T&Cs entered into force: June 26, 2021
Expiry of effectiveness: upon withdrawal or when a new version enters into force
The official and current version of the T&Cs can be found on the website of the Service Provider and can be downloaded from: link
1.4. Modification of the General Terms and Conditions
The Service Provider publishes the T&Cs on its website. The Service Provider reserves the right to modify the general terms and conditions unilaterally when a legal rule is changed in a way that it does not allow the specific term of service to differ from the content of the legal rule. The Service Provider is obliged to publish the modification on its website 30 days before it would enter into force and the Service Provider has to notify the Partners.
II. Content of the Agreement
2.1. Subject of the Contract
Based on this contract, the Service Provider – while charging service fees – provides Service for the Partner during the period of time and with the conditions set in this Contract. The Partner acknowledges that without paying the service fee only a restricted version of the service can be used.
2.2. Forming of the Contract
The Service Provider continually gives information about its services on its website that cannot be considered as a proposal.
The full service can be used when paying the fees and after registration. After the registration, an e-mail will be sent to the given e-mail address about the success of the registration.
The Partner orders the Service with selecting a tariff plan for the Service from 2.6., filling in a subscription form with real data and sending these to the Service Provider alongside accepting the conditions of this T&Cs. After that, the Service fee must be paid in advance.
The Service Provider notifies the Partner about the order in an e-mail message sent to the given e-mail address in which it informs the Partner about the acceptance of the proposal and the forming of the contract.
The Service Contract is formed with the acceptance of the proposal in compliance with the Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses. The Partner is not entitled to terminate the contract according to the Government Decree 45/2014. (II.26.) as the Service Provider immediately commences the service after the acceptance due to the activity of the User without any human intervention.
2.3. The duration of the Contract, time of performance
The contract is of unlimited duration. The Service Provider undertakes the provision of the service from the creation of the contract until the termination of it. The Partner expressly accepts and acknowledges that after the end of the service period belonging to the chosen Tariff Plan, fees will be charged in order to use the Service in the next period. This fee is automatically deducted. The Partner can terminate the Service Contract by cancelling the subscription. In this way the contract is terminated with the last day of the subscription period of the last paid Tariff Plan. The Partner expressly acknowledges that the Service Provider reserves the right to unilaterally terminate the Service Contract with the last day of the subscription period of the last paid Tariff Plan.
2.4. Rights and Obligations of the Service Provider
It is the obligation of the Service Provider to provide the Partner with the ordered service in compliance with the conditions of this contract. The Service Provider guarantees an availability of 99% a year. The Service Provider is obliged to immediately start the repairing process in case of a possible defect of the service.
The Service Provider is not responsible for the loss of service and loss of data that arise from the unexpected events that are not attributable to the Service Provider and that happen for reasons beyond its control.
The Service Provider manages the Partners’ data entirely in compliance with the data protection provisions in force, its privacy statement and the conditions of this contract. The Service Provider stores the data given by the Partners or in connection with the use of Service in its own data administration. In case of data not defined in legal rules the Service Provider is entitled to share the data – with the explicit consent of the Partner – with the collaborators and agents to the extent that is necessary for the provision of the service. Such aim can be creating tools for the use of service, invoicing or the enforcement of claims against the Partner.
The Service Provider undertakes the provision of the Partner with the technical information concerning the subject of the contract on its publicly available website. The obligation to provide information refers solely to information in connection with the intended and proper use of service.
The Service Provider controls the intended use of the Service and has the right to – in compliance with the conditions of the contract – terminate or restrict the Service or quit the log-in in case of use from parallel IP addresses.
The Service Provider reserves the right to unilaterally modify or update the data concerning the content of the service, especially the decision-making situations and strategies in the database, in order to improve the level of the service.
2.5. The Rights and Obligations of the Partner
The Partner is obliged to pay for the Service.
The Partner has to provide the Service Provider with true and accurate data throughout the requesting and performing of the services. The Partner must cooperate with the Service Provider when checking the data and must facilitate that the monitoring be done as promptly as possible.
The Partner is obliged to use the service legally and lawfully. According to the Hungarian legislation in force and the international treaties, using the service in connection with data of copyright protection, privacy or business secret or relating to crimes or any ways concerning such use is prohibited. The Service Provider assumes no responsibility in connection with such use towards third parties as it has no complete control over the content edited by the Partner.
The Partner acknowledges that they bear any responsibility for the proper and lawful use of the Service. The Service Provider draws attention to the fact that Poker sites can prohibit the use of this Service and the Partner has to get information about it each time.
The Partner must keep in secret their password that is needed for the use of Service. The Partner is liable for any activity done with their user account as if it was initiated by themselves.
The Partner is not entitled to sell the Service for third parties or transfer the use of it. The Service can only be used from one IP address at a time.
2.6. Service fee
The service fee can be found on the website of the Service Provider in the fee schedule related to the Tariff Plans.
The Service Provider reserves the right to unilaterally modify the fee schedule’s items of the Tariff Plans. The Service Provider must publish the modification on its website and send in e-mail to the Partners. The modified fee schedule enters into force 15 days after its publishing.
The Partners, who do not accept the modification, are entitled to terminate the contract with the last day of the subscription period of the last paid Tariff Plan.
The Service Provider provides the Service in 3 basic Tariff Plan.
Supplementary service(s) are available to the Tariff Plans. The Service Provider publishes their fees on the Site. In case of ordering the supplementary service(s), their fees will be charged in addition to the basic Tariff Plans.
The Service Provider reserves the right to give seasonal or other discount(s) of which it gives information on its Site or in other ways.
The Service Provider reserves the right to unilaterally withdraw any seasonal or other announced discount. That does not affect the already used and paid Services.
The Partner acknowledges that the fee of the Services is set in USD, but it is also possible to pay for the Services in EUR after choosing the currency. With choosing Tariff Plan and the currency, the given Tariff Plan will be paid for in the chosen currency. The Partner acknowledges that there can be differences between the fees of the Tariff Plans with different currencies.
The payment of the consideration of the Service is done through STRIPE (https://stripe.com/), that is an online payment service provider. In order to pay for the service, the Partner has to give their debit/credit? card data to STRIPE.
The Service Provider will collect, process and store the Payment data through Stripe payment service provider with the aim of ensuring the Services and the payment services for each of the Partners. A part of the credit card number will be hidden when displaying. STRIPE will process the Payment Data of the Partner according to the most secure measurements in the e-commerce industry. The transactions are processed in a safe and secure way.
2.7. The termination of the Contract
The Contract – unless the Parties agreed otherwise – terminates:
- By the Partner or the Service Provider (in compliance with this T&C’s) with ordinary or extraordinary termination;
- with the end of the activity of the Service Provider;
- if the Partner does not fulfill – because their card (e.g.) cannot be charged – its payment duties on request in time
The Servicer Provider can terminate the service contract without notice if the Partner poses a threat to the activities of the Service Provider, to the intended functioning of its network or if the Partner does not use the service in the intended, proper way or uses it illegally, unlawfully or for such aims.
2.8. Disclaimer of liability
The Service Provider assumes no responsibility or liability to the Partner for loss of funds or any direct, indirect or consequential or other damages , including lost revenue that arise from the use of the site. Partners use the Service at their own risk and responsibility.
The Partner acknowledges that errors in the strategies may occur while processing data or running simulations. The Partner does not have any claim to compensation for damages that arise from the use of defective strategies, the Partner uses the Service at their own risk and responsibility.
Besides that, the Partner acknowledges that they are entirely responsible for using the Service simultaneously with any kind of poker site. In all cases, The Partner is obliged to collect information from each poker site about whether the simultaneous use of the Service is possible or not.
2.9. The Transfer of the Contract
By accepting this T&C’s the Partner gives his explicit consent in advance to transfer – with the informing of the Partner by electronic means –all their rights and obligations that arise from its contract with the Service Provider to a third party.
After the notice, the third party will be entitled to and will bear all of the previous Service Provider’s rights and obligations arising from this contract.
III. Other dispositions
3.1. Troubleshooting
This section does not apply to the availability hours. The Service Provider commences the examination of the received error indications immediately after receiving them or in 1 (one) workday at the latest. The Service Provider fixes the reported errors without delay or in a technically justified time. If the time of troubleshooting exceeds 5 (five) days, the Service Provider informs the given Partner by electronic means about the expected time period.
The Service Provider can request the Partner to cooperate in the troubleshooting. The Partner cannot reject this request.
The Partner is entitled to terminate the Contract without notice if the Service Provider cannot solve the problem that arose in his sphere of control within 30 (thirty) days – without considering the technically justified prolongation.
In this case the Service Provider must compensate the Partner – for the damages caused by this situation – according to the legal rules of the civil law. The Partner – if necessary – has to cooperate with the Service Provider in order to solve the problem.
The Service Provider has to cooperate to the best of its ability in solving the problem, even if it did not arise in its sphere of control.
3.2. Data storage
The Service Provider reserves the right to delete every user data in connection with the service when the contract is terminated. Despite of the fact that backups are available for a period of time after the termination, the Service Provider does not guarantee the possibility of restoring the data.
3.3. Confidentiality clause
Unless the parties agree otherwise, both parties shall bear the duty of confidentiality for all statement, data, fact or other information of the other party or a third party learned in the course of the Contract conclusion and performance. The content of the documents sent to the other party or received by them also falls under the duty of confidentiality and must be held as confidential business information. The parties bear the duty of confidentiality during the performance of the contract and after it, without any time restrictions.
Without written consent of the other party, neither party may use the information for the purpose other than performing this Contract, in case of violation, the breaching party bears compensation responsibility in compliance with the general rules of civil law.
3.4. Complaints handling
The Partner can report their remarks or complaints in connection with the provided service or information to the Service Provider via the following e-mail address: hello@preflopwhiz.com
The Service Provider examines all the complaints and notifies the Partner within 30 days at the latest. If the Partner is not satisfied with the handling of the complaint, the Partner can turn to the supervisory authorities.
Complaints at the consumer protection authorities. The consumer is entitled to make a complaint at the local consumer protection authority if their consumer rights are violated. The authority assesses the complaint and then decides whether a complaint resolution process is necessary.
The Partner has the right to enforce their consumer claim in front of a court in a civil procedure according to the Act V of 2013 on the Civil Code and the Act CXXX of 2016 on the Code of Civil Procedure.
The Partner has a right to choose online dispute resolution.
The European Commission has created a website, by registering, consumers have the possibility of avoiding judicial procedure. They can settle their disputes that are related to online purchasing with filling in a form. This way consumers can exercise their rights despite of any distance.
The platform of the online dispute resolution is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
3.5. Applicable law, measurements in case of a dispute
The Parties attempt to resolve their disputes in a calm and negotiable way.
If the conciliation between the Parties – that takes place after the Service Provider has examined the complaint and gave an answer – does not lead to a result within 30 days, the Parties mutually submit themselves to the exclusive jurisdiction of Central District Court of Buda / Székesfehérvár High Court.
The Hungarian legislation in force at any time governs the matters not specified in this agreement. The expressions and legal institutions of this contract – if the contract does not stipulate otherwise – shall be interpreted according to the rules of the Hungarian language and legal rules. The words and expressions shall be understood as the generally accepted everyday meaning of the words.
The Hungarian legislation governs this Contract, especially the following legal rules:
Act CLV of 1997 on consumer protection
Act CVIII of 2001 on Electronic Commerce and on Information Society Services
Act V of 2013 on the Civil Code
Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses
Act LXXVI of 1997 on copyright
Act CXII of 2011 on Informational Self-Determination and Freedom of Information ("Privacy Act")
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
REGULATION (EU) 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 (General Data Protection Regulation)
3.6. Partial invalidity, code of conduct
If a point of the T&C’s is incomplete or not in force, the other points of the contract are still valid and the relating legal rules are applicable instead of the incomplete or not valid points.
The Service Provider does not have a code of conduct according to the Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.
3.7. Cross-border selling
The Service Provider does not differentiate between buyers from the territory of Hungary, the European Union or any other part of the world. However, the Service Provider draws attention to the fact that the legal acts relating to consumer protection can differ in case of users/ Partners outside of the European Union, but the general rule is that the applicable rules are defined according to the place of service provision.
This T&C’s governs the purchase that is made outside of Hungary as well. In this case a buyer is a consumer who is the citizen of a member state or has a domicile in a member state or the business that has a place of establishment and in the European Union buys products or uses services only with the aim of end use or has such an intent. A consumer is a natural person who acts without commercial, industrial, manufacturing or professional aims.
The language of the communication and the purchase are the Hungarian and the English language. The Service Provider is not obliged to communicate in the language of another member state or country with the Partner.
Unless otherwise specified by the Service Provider – in the given case – the Hungarian VAT is used in case of all Tariff Plans.
This Terms and Conditions was originally written in Hungarian, the original, Hungarian version is available: link