Acceptable Use Policy and Restricted Products Annex

1. General provisions

1.1. This annex (hereinafter: “Annex”) constitutes the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX pursuant to clauses 8.1 and 13.7 and Chapter 14 of the GENERAL TERMS AND CONDITIONS (hereinafter: “Terms”) governing the use of the Platform operated by WZZ Lab Informatikai és Szolgáltató Korlátolt Felelősségű Társaság (hereinafter: “Provider”). The Annex forms part of the Terms.

1.2. The Annex sets out the products, services and content that may not be offered in the Store, the conditions for distributing products subject to authorisation or age limits, as well as the cases of misuse of the Platform. The Annex applies to both the Merchant and Users.

1.3. The Merchant shall use the Service lawfully, in good faith and in a manner expected in commercial trade. The Merchant is responsible for the lawfulness of the products and services offered in the Store and of the content of the Store – including compliance with consumer protection, product safety, regulatory authorisation and tax requirements. The Provider does not check the Merchant’s product range in advance.

2. Prohibited products, services and content

2.1. It is prohibited to offer, sell or display in the Store any product, service or content that is illegal under the law applicable to the Merchant and to the destination country of sale, or to offer or sell a product or service in an illegal manner. This prohibition includes in particular, but not limited to:

a) child sexual abuse material, as well as intimate recordings published without the consent of the person concerned;

b) narcotic drugs, new psychoactive substances, as well as equipment intended exclusively for their production;

c) products that may not be marketed in distance selling under legislation, thus, in respect of Hungary, in particular tobacco products and electronic cigarettes, as well as medicinal products – including over-the-counter ones – that may only be sold by a pharmacy;

d) counterfeit products or products infringing intellectual property rights, including software licences and activation codes originating from an unauthorised source;

e) recalled products or products that do not comply with safety requirements;

f) products subject to EU or national restrictive measures, or transactions involving a Prohibited Jurisdiction under clauses 14.10–14.11 of the Terms;

g) unauthorised gambling;

h) content inciting hatred, violence or terrorism; as well as

i) content misleading consumers, thus in particular false reviews, false claims regarding stock or deadlines.

2.2. Irrespective of clause 2.1, based on the terms of the Provider and the service providers engaged by it, it is prohibited to offer or display pornographic or erotic images, videos or text content on the Platform.

2.3. The Merchant is entitled to conduct live video streaming in the Store exclusively with the prior written permission of the Provider.

3. Licence- and age-restricted products

3.1. Products subject by law to a licence, notification or other regulatory condition – in particular alcoholic beverages, food supplements, cosmetic products, medical devices, as well as weapons and ammunition – may be offered by the Merchant exclusively subject to compliance with statutory conditions. The Merchant warrants that it holds the necessary licences and has made the necessary notifications; the Provider may request proof thereof, and in the event of an official notice, may take action in accordance with Chapter 14 of the Terms.

3.2. If legislation makes the sale of the product subject to an age restriction, the Merchant shall use the interface provided by the Platform that warns of the age requirement and requests a declaration thereon, or an equivalent solution. This interface does not replace statutory age verification; age verification – including upon handover of the product – shall be ensured by the Merchant.

3.3. Sexual aids may be offered subject to the application of clause 3.2. The product image and description may depict the product exclusively on its own, in its packaging or against a neutral background; the depiction of genitalia, sexual activity or the use of the product is prohibited.

4. Misuse of the Platform

4.1. It is prohibited to use the Platform in a manner that endangers the security, operation or rights of the Platform, the Provider or a third party. In particular, the following are prohibited:

a) placing or distributing malicious code;

b) overloading the systems of the Platform or of a third party, a denial-of-service attack, circumventing security measures, unauthorised access or an attempt thereof;

c) scanning other networks or systems, data traffic with a spoofed source address;

d) cryptocurrency mining, operating a file-sharing or torrent system;

e) sending unsolicited, bulk electronic mail, using a purchased, rented or automatically collected address list, and operating an open mail relay;

f) using the image processing or content delivery features of the Platform for bulk processing independent of serving the Store;

g) placing keywords or content independent of the content of the Store, aimed at deceiving search engines; and

h) using the AI Services in a manner prohibited in Chapter 11 of the ARTIFICIAL INTELLIGENCE ANNEX.

5. Payment and sanctions compliance

5.1. The Merchant accepts payment from Customers in the Store through its own payment service provider; the Merchant is responsible for compliance with the terms and prohibitions of this provider.

5.2. Compliance with restrictive measures is governed by clauses 14.10–14.11 of the Terms and the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX.

6. Detection and measures

6.1. The Provider does not, on a general basis, monitor or track content placed in the Store – with the exception of automated malware scanning of uploaded files –; it investigates breaches of the Annex on the basis of a notice, a request from an authority, or its own detection. The investigation, the applicable measures, the statement of reasons for them, and the Merchant’s right to comment shall be governed by Chapter 14 of the Terms.

6.2. In the case of content under clause 2.1(a), a transaction under clause 2.1(f), as well as an act under clause 4.1(a)–(c), the Provider may – if the conditions set out in clause 14.6 of the Terms are met – apply immediate measures.

7. Amendment

7.1. Amendments to this Annex shall be governed by clauses 5.6 and 18.2–18.4 of the Terms.