Naviextras Free Update Code

[Mahmod Ohner]

13.Personal data of the Customers are processed in accordance with our data protection policy that can be found on the Site at the following link: HERE or in Naviextras Toolbox (to be defined later in Chapter III. below). The data protection policy is an integral part of the present Terms and Conditions.

Activation Code: means an alphanumeric code, provided by the Site Operator to Customer, which enables performing the Activation. The Activation Code is only valid for Activation on the same Device, which provided the Request Code.

Business Day: means a day other than a Saturday, Sunday or other day on which banks are authorized or required by law to close in Hungary and/or, in case of physical shipment, in the country where shipment is to be made and/or, in case of payment of money, in the country where the bank of the obligee is situated.

Content: means (but not limited to) maps, points of interest, 3D content, voices, language files and other navigation related data, content or information that can be uploaded on your Device and used with your Software.

Device: means navigation capable devices, such as personal navigation devices (also called as PND or PNA), smartphones / Personal Digital Assistants (also called as PDAs), including SD cards and other storage media (if Software or Content is stored on them), navigation-capable mobile phones, car navigation systems, navigation-capable PCs, notebooks and tablet PCs, navigation-capable personal media players (also called as PMPs).

Prepaid Code: means an alphanumeric code that can be redeemed for specific Products. Codes may be made available on plastic cards (prepaid cards) or electronically by the Device manufacturer or reseller. Prices may differ based on the offered Products.

Request Code: means an alphanumeric code used during an Activation process. Request Code identifies the Product, and the actual Device on which that Product is to be activated. It is shown on the screen of the Device, which has to be typed in by the Customer in order to receive an Activation Code.

Right: the right of the Customer to download the files pertaining to the Product and getting a license to use the Product in the event that the delivery performed by the Site Operator is done electronically.

Services: mean location based services (local search, traffic information, fuel price, weather information, etc.) that require some form of connectivity (data access via SIM card or Bluetooth, wireless internet access, TMC receiver, etc.) on your Device.

Updates: mean Content and Software updates provided by your Device manufacturer or the Software developer, which provide additional features, new Content versions, or fix known Software problems.

4.1.A variety of Products may be acquired on the Site or in Naviextras Toolbox for different Devices, such as Software, Software Updates, updates of the Content installed on your Device or extra Content, Services and Activation Codes. Products available for your specific Device and their description are displayed on the Site or in Naviextras Toolbox.

4.2.Certain Site or Toolbox versions may require creation of a User account. In such cases, only Users who have previously created a User account on the Site or in Naviextras Toolbox and are logged in may acquire Products.

4.3.In order to create a User account, it is required to complete the registration process by providing the Site Operator with current, complete and accurate information as prompted by the applicable registration form. The User has the possibility to correct any typo, erroneous input or outdated information in their User account. Please note that as your e-mail address was used to create your User account it cannot be changed or modified following registration. The User is responsible for any damages originated from false or faulty submissions. Site Operator is entitled to delete the false or faulty registrations, and in case of any doubt it is entitled to check the authenticity of the User, in accordance with and as allowed by the applicable legal provisions.

Site Operator reserves the right to reject any order. Parties hereby exclude the applicability of any trade or commercial practices to their relationship, including but not limited to any such practice agreed or adopted previously by the Parties or any other practice widely known and applied regularly in relation to contracts of similar subject.

4.6.The present Terms and Conditions in force at the time You consented to them will be applicable to your order and shall form part of the Agreement concluded between You and the Site Operator. Before your next order, the Site Operator may have updated the Terms and Conditions without notice to You. Please be sure to review the current Terms and Conditions each time you visit the Site or the Toolbox. We recommend that you save or print a copy of the Terms and Conditions for your future reference and use in connection with your order.

4.7.The Agreement does not qualify as an agreement concluded in written form. Parties exclude the possibility for either party to put unilaterally the terms of the Agreement in a written form after the conclusion of the Agreement and amending and/or supplementing the Agreement with any further terms even if not qualifying material terms. A copy of the order accepted by the Customer by sending the order and proceeding for payment is archived with the actual order or transaction. The Customer can recover it on the transaction history page of the Site or in Naviextras Toolbox.

5.1.Any Product that is made available for download on the Site or through the Toolbox and any Content that can be activated by using an Activation Code is the copyrighted work or other intellectual property of the Site Operator and/or its suppliers and Site Operator and/or its suppliers reserve all rights not explicitly granted in these Terms and Conditions.

5.2.When you acquire a Product, you are actually acquiring a license to use the relevant Software, Update or Content or a right to use the Services rather than acquiring the relevant Product itself. Update, Content, Software licenses and the provision of Services acquired through the Site or the Toolbox are subject to the end user license terms as specified in Chapter XIV. of these Terms and Conditions.

5.3.On the Site or in Naviextras Toolbox the Content available for your Device may be provided

(i) as a single package, which enables You to download electronically the latest Content on Your Device;

(ii) on a subscription basis, which means that You have the possibility to download electronically all the released updates during the subscription period and install them on Your Device, however, the number of updates released during the update subscription period and their frequency are not guaranteed. Also, it is not guaranteed that each content of a certain package will be updated in all releases.

Please note that not all options are available for every Content provided for Your Device. The options available for your Device are shown after You have chosen your Device and the relevant Product on the Site or within Naviextras Toolbox.

5.5.Special terms and conditions applicable to the Products provided on a subscription basis are included in Chapter XV. of these Terms and Conditions. The Agreement for the subscription based Products is concluded for the time period appearing at the relevant Product description or in the absence of such defined period, as long as the Device is operational, unless the Agreement is terminated.

6.1.Site Operator is responsible only for the fulfilment of those orders, which were placed on the Site or via the Toolbox. No postal or phone orders, or orders placed through any other means are accepted.

6.2.Downloading the Toolbox is necessary for completing the purchasing process commenced on the Site. The Toolbox can be downloaded free of charge from the link indicated on the Site. If the Customer has already downloaded the Toolbox, the purchase process may be initiated by starting up the Toolbox.

6.3.Certain Site or Toolbox versions may require that the Customer shall be logged in by using their username and password acquired during the User registration process in order to start the purchasing process.

6.4.You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site or the Toolbox. As a User, you have the possibility to correct any typo, erroneous input or outdated information in your User account. Please note that as your e-mail address was used to create your User account it cannot be changed or modified following registration. You agree to promptly update your account and other information, so that we can complete your transactions and contact You as needed in connection with your transactions.

6.5.The delivery of the Site Operator is made electronically or by physical shipment as described in the descriptions of the purchasing processes from Chapter XVII to Chapter XIX. The risk of loss or damage to the Products will pass to You at the moment the Products are delivered to your shipping address or into your possession.

6.7.In the event of delivery of any Product that is provided as digital data content and is performed electronically, You agree that the Site Operator may begin to start the performance of the Agreement and provide you with the downloadable Product and/or provide you with the Activation Code immediately on purchase. You acknowledge that by giving your present prior express consent for the Site Operator to start the performance, immediately after the Site Operator starts the performance, You lose your right of withdrawal regulated in Chapter XI.

7.4.Natural person Customers from the European Union are obliged to pay the VAT percentage applicable at the time of confirmation of their order according to the laws and regulations of their domicile. Under penalty of perjury You shall declare your true domicile address in the course of registration. This regulation is in accordance with the relevant EU VAT rules.

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