Executive Summary

The purpose of this Agreement is to specify the terms and conditions of use of the below services provided by Online Comparison Shopping Kft:

  • Árukereső: arukereso.hu is a web-based product catalogue, where registered partners may offer their products on a PPC click-through basis.
  • PartnerProgram: PartnerProgram provides a platform for advertisement for websites with own content on a PPC basis.
  • Common provisions: It contains the provisions related to copyright and data protection.

General terms of use of the services provided by Online Comparison Shopping Kft.

General terms (hereinafter referred to as ÁSZF) below forms an integral and inseparable part of the Agreement (hereinafter referred to as Agreement) entered into between Service Provider and User or Partner on the use of the services offered by Online Comparison Shopping Ltd. (registered office: 1074 Budapest, Rákóczi út 70-72.; trade register number: 01-09-186759; tax number: 24868291-2-42; (hereinafter referred to as Service Provider) that are made available on the website under the URL www.arukereso.hu (Chapter A) and of the Partnerprogram (Chapter B).

Chapter „A”: SERVICES: SZOLGÁLTATÁSOK

I. CONTENT OF THE AGREEMENT

  1. Within the meaning of the Agreement, Service Provider undertakes to provide the service herein specified for User that is registered and whose registration is activated on the Website (hereinafter referred to as User) for a fee:
  2. In the framework of the "Árukereső" service, the Service Provider undertakes to display the User's contact details (company name, address, telephone, e-mail, webshop web address, shop logo) and the data of the products or products uploaded by third parties to the User's site (product name, price, redirection to the specific product of the shop) in the product catalogue (price comparison portal) operated by the Service Provider on the Website and on the sites operated by the Partner Program. Within the frameworks of “Árukereső” services, Service Provider may add further elements to the Services it provides, the conditions of which - subject to the terms and conditions contained herein - shall be published under the Payment Conditions or on the PartnerPortal that is to be seen by User upon entering.
    1. Each Product’s display ranking may be changed by auctions on the basis of the description under https://www.arukereso.hu/admin/#sponsored-listing.
    2. Fees and the way of settlement
      1. Service Provider undertakes to publish the current fees by main categories and in respect of special displays under https://www.arukereso.hu/admin/#our-service.
      2. In case of “Árukereső” service, the accounts are settled between Parties based on click-throughs from Service Provider’s site to User’s site (PPC). Service Provider undertakes to make all technologically reasonable efforts by means of an embedded multi-level filtering system to count – in respect of account settlement – multiple same-day click-throughs of a visitor to the same product site of User only once. In case a User receives clickthroughs on several product sites from the same visitor on the same day, the number of clickthroughs counted on a product site shall not exceed three, whereby the number of same-day clicks on User’s main page (clicks by User from the webshop info page) shall not be more than one. Service Provider undertakes to make all technologically reasonable efforts by means of an embedded multilevel filtering system to prevent so-called robotclicks from being accounted.
        1. Service Provider undertakes to provide User with an administration dashboard (hereinafter referred to as PartnerPortal) where User is able to check user statistics and costs as well as the current balance of account related to Árukereső service and billing status. User agrees to recognize the records of the PartnerPortal system, that is a closed system developed and managed by Service Provider, as compliant and as a credible source of information, whereby it agrees not to object to the dashboard data.
    3. Account balance
      1. User shall be held liable to pay Service Provider a fee for the “Árukereső” service in advance. To this end, the “Árukereső” service may only be used on condition that User has a positive balance of account. Otherwise, Service Provider shall not be held liable to perform the Service.
      2. To use the “Árukereső” service, User shall be held liable to top up its balance. Any payment effected by banker’s transfer or by cash is recognised on User’s balance of account within one workday after it is being credited to the bank account of Service Provider.
      3. User may top up its current (negative) balance, thus engage a service, by paying the invoice (crediting) requested from Service Provider via the PartnerPortal. Upon accepting the General Terms and Conditions, User also approves of the electronic format of the requested invoice (hereinafter referred to as “E-invoice”). If User also wishes to have the invoice on paper, such a request shall be submitted to Service Provider in an e-mail sent to the address info@arukereso.hu within 3 (three) days after User’s registration on Árukereső.
      4. The file containing the e-invoice will be sent to User in an e-mail after receiving the request. The data set of the file can be copied without prejudice to data credibility and be accessed from the PartnerPortal any time. The credibility of the einvoice may be immediately verified, irrespective of the issuer, and via the Internet, through attestation service providers certified by the National Media and InfoCommunications Authority. There is no need for User to install a pay-app. The credibility of the invoices may be verified by means of the free Adobe Reader programme as described below, and irrespective of the operation system used by User.
        1. The minimum value of the invoice referred to in Point I./2.3.3. of this GTC shall be gross HUF 10,000 (i.e. ten thousand Hungarian forint) and this amount must be divisible by HUF 1,000 (i.e. one thousand Hungarian forint).
        2. User may use up the amount indicated in each new invoice request within one year, at the latest, after paying it.
      5. Service Provider shall update and make available User’s balance of account on the PartnerPortal every clock-hour (except for the timeframe between 00:00 and 05:00 a.m.). If User has a negative balance, Service Provider shall be entitled to suspend the performance of “Árukereső” service unilaterally and without notice to User. As a result of suspending service provision, User’s products will be removed from the system (deactivation), i.e. the website of Service Provider, for the period of suspension. User may reactivate the suspended service by topping up its balance. From the first clock-hour after recognising the balance’s top-up (except for the timeframe between 00:00 and 05:00 a.m.), the service will become reactivated and User’s products will be displayed on Service Provider’s website again subject to the content of the product listing that is available at the time of reactivation.
      6. User shall not be entitled to reclaim the amount topped up (credited) to its balance, unless service provision fails for a reason culpable to Service Provider.
      7. User shall effect the initial payment by an electronic method specified by Service Provider (e.g. online payment by card via PayU payment gate, or by banker’s transfer), so that User is identified also in the course of payment authorization. If the person of the User indicated in the user account changes, the new User must also effect a payment for the purpose of payment authorization. This initial amount will be credited to the balance of the User account. If User effected the initial payment by a method other than that requested by Service Provider, it will be first recognised in User’s balance after a payment performed in the way requested by Service Provider, or will be refunded by Service Provider - on User’s request - by bank if User provides Service Provider with a relevant bank account number (that is also verifiable in the central Business Information System by the Ministry of Justice of Hungary).
      8. User acknowledges that, on account of the technical features of the Service, a negative balance may accumulate in its account. The fact that User has a negative balance shall not exempt User from its liability to pay. The negative balance will be offset by the next top-up by User. If User having a negative balance fails to add money to its account, the negative balance will be recognised as debt that Service Provider may collect by issuing an invoice.
    4. Terms and Conditions of Appearance for Shops
      1. General provisions
        Árukereső collects all the data underlying the appearance of a shop via the PartnerPortal and may also check them by means of mystery shopping, if necessary. Árukereső reserves the right to refuse to display any offer that is not compliant with the rules set forth herein. Should a shop supply untrue data, it may be excluded from the Service for at least 2 months.
        If the VAT-content of a shop’s offer fails to be clearly identified based on the available information (including, but not limited to the product site of the webshop, general terms and conditions), Árukereső reserves the right to refuse to display or to remove such an offer.
        Furthermore, Árukereső shall be entitled to refuse to display or to remove any shop’s offer if the shop fails to meet the requirements of electronic confirmation provided for by the Hungarian and European rules of law on e-commerce.
      2. Conditions relevant to domestically registered shops
        A domestically registered shop may only post an offer not including VAT (27 per cent, 18 per cent or 5 per cent), if it is not registered for VAT.Such an offer will be displayed in a separate section specifically created for offers containing no VAT in the list of distributors on the default product site but sorted below the offers including VAT of other distributors. The offers of a shop run by a company not registered for VAT will be highlighted neither on the product sites, nor the category sites, but will be displayed, sorted and filtered according to the relevant criteria set, along with the offers of other shops in the listing. This clause does not apply to a non-VAT tax payer whose offer is displayed as a partner offer and qualified by the online marketplace.
      3. Conditions for EU partners
        The service is also available to businesses (shops) established in the EU and having a valid tax number in the VIES register, provided that they have a Hungarian-language commercial website (EU partners). The Service Provider will make an individual decision on the acceptance of the registration of a shop that is not available in the VIES register or does not have a valid tax number or is not located in the EU, and the shop will be required to submit documents and/or fulfil conditions individually determined by the Service Provider.
        The full functionality of the "Árukereső" service (including bidding) is only available to EU partners whose offers include Hungarian VAT and as such, they invoice their customers with the Hungarian VAT content (27%, 18% or 5%) applicable to the product. In this case, the offers of EU partners will be displayed in the default product list on the product page. Árukereső has the right to check the Hungarian VAT content of the EU partner's product list and the Hungarian VAT information on its Hungarian-language commercial website and, in the event of inadequate Hungarian VAT content or information, to change the EU partner's appearance and apply the following conditions to foreign-based shops.
      4. Conditions relevant to shops registered in a foreign country
        Offers from shops based in the EU but not displaying Hungarian VAT offers and from shops based outside the EU will display in the list of distributors on the default product site in a section specifically for these offers, sorted under the offers of other distributors. The offers of these shops are not highlighted on the product pages but will display in the listing with the offers of other shops according to the other filtering and sorting criteria selected.
      5. Conditions for online marketplaces
        The Service Provider allows the User who provides an online marketplace to display one product in addition to the User's own product.
    5. Other provisions for the services
      1. User shall supply all product details intended to have displayed within the frameworks of “Árukereső” service to Service Provider in line with the specifications on https://www.arukereso.hu/admin/#feed-format. In the case of online marketplaces, the Service Provider may set additional conditions on the product data, which will be published on the PartnerPortal. The Service Provider acknowledges that the User as an online marketplace operator may display the same product with different price or delivery product data, which shall not be considered as multiple product data.
        1. Service Provider shall not be held liable to display product details in the product catalogue:
          • that User fails to supply in accordance with the provisions set forth herein;
          • that are untrue;
          • that are not updated;
          • that are illegal or do or may harm the rights and legitimate interest of a third party.
        2. In accordance with Point I./2.5.1.1. of these General Terms and Conditions, User may not make any claim on Service Provider.
      2. Service Provider undertakes to process the product details received from User and align those with the product database. New offers in the product list supplied by User to Service Provider are posted on Service Provider’s website once a day, in a low-traffic period (between 00:00 and 06:00).
        1. Service Provider reserves the right to classify and re-classify, at its discretion and without explanation, the products User supplies with the intention to have those displayed. As regards the above, User may make no claim on Service Provider.
        2. Service Provider reserves the right to put on hold the display of certain products supplied and selected by User in the first 60 days of the actual display period following the activation of User’s registration.
      3. Otherwise, “Árukereső” service is subject to neither a loyalty period, nor a minimum monthly spend.
    6. Shopping service
      1. Users who appear in the "Árukereső" service are entitled to use the "Shopping" service. Within the framework of the "Shopping" service, the Service Provider will upload the relevant product data of the User to the Google Shopping system if: If the product data provided by the User does not comply with the above conditions, the Service Provider may refuse to upload the product data to Google Shopping. The Service Provider provides the "Árukereső" service in connection with the "Shopping" service. The User may use the "Shopping" service by making a separate online declaration on the Partner Portal and may terminate it in the same way.
        If the User's advertisement is displayed on the Google Shopping interface and the visitor clicks on it, the visitor will be redirected directly to the User's webshop.
      2. The fee for the "Shopping" service is cost and commission based, i.e. the cost of the click-through is passed on to the User by Google to the Service Provider, which charges the User a commission in addition to the cost of the click-through. The rate of the commission is determined by the Service Provider and is published in the current price list of the "Shopping" service (https://www.arukereso.hu/admin/Login#prices-shopping). The fee for the "Shopping" service is deducted from the User's balance.
        In the context of the "Shopping" service, the number of click-throughs per product offer transferred by Google to the Service Provider will be charged, and the User therefore acknowledges that the Service Provider is exempt from Clause 2.2.2 of this GTC. In connection with the settlement of accounts, the User accepts the Service Provider's statement and does not object to it.
        The Service Provider undertakes to credit the average value of clicks subsequently declared invalid by Google to the User's balance by the 15th day of the month following the month in question..

II. ENTRY INTO FORCE AND TERMINATION

  1. The Agreement entered into between the Service Provider and the User shall enter into force by the activation of User’s registration on the website, unless activation is refused for any reason.
    1. In the course of registration, User shall be held liable to fill in the registration form properly, completely and with true data, as well as choose a password, supply its e-mail address and expressly agree to this GTC. Service Provider stipulates to display only products provided by Users having a valid tax number. Similarly, Service Provider shall only issue an invoice against a valid tax number.
      1. It is User that shall be held fully liable to keep the password and the account safe. Service Provider assumes no liability for any damages arising from the unauthorized use of User’s password or accounts.
      2. Service Provider undertakes to decide on the approval of the user registration within two workdays following registration.
        1. Service Provider shall be entitled to render the Service only to websites with ample traffic and revenues, hence to refuse to approve of or activate, as the case may be, user registration also tacitly. Besides, Service Provider shall be entitled to refuse to enter into Agreement with websites, the content of which would potentially compromise Service Provider’s reputation and business practices, or to terminate the Agreement with such websites unilaterally and without explanation.
        2. In addition to the registration data, Service Provider may request User to supply further details, thus facilitating the comparability of the product offers displayed on its site. User shall supply the details requested by Service Provider via its account on the PartnerPortal. If User fails to supply the data or supplies corrupt data in response to Service Provider’s request, its registration or its appearance on Service Provider’s site may be suspended.
        3. Furthermore, Service Provider shall be entitled to refuse to approve of User’s registration, even tacitly, if:
          • it registers, but was previously deleted;
          • the registration is insufficient, incorrect and the data supplied in the course of registration are untrue or not compliant with this GTC; or
          • in any other case specified in this GTC.
    2. In case, its registration is approved of, User may activate it by way of clicking on the link received in an e-mail from Service Provider. Following the activation, Service Provider grants User access to its account on the PartnerPortal.
    3. User acknowledges that, pursuant to Section 4 of Article 5 of Act CVIII of 2001 on certain issues of electronic commerce services and information society services, it enters into a service agreement with Service Provider that is concluded by electronic means. The Agreement entered into between Parties shall be deemed to be a written agreement.
    4. The Agreements are not to be stored by Service Provider.
  2. The Agreement between Parties is concluded for an indefinite period of time.
  3. The Agreement terminates, in particular:
    • a Felhasználó, illetve a Szolgáltató egyoldalú felmondásával;
    • by termination without cause unilaterally initiated by User or Service Provider and with an 8 day notice;
    • by termination for cause unilaterally initiated by Service Provider and with immediate effect if:
      • User fails to pay the service fee even despite the payment reminder sent by Service Provider and ensuring a 5 day deadline for subsequent payment;
      • User uses the Service fraudulently and in a way not permitted by law;
      • User conducts in a way that harms the legitimate interest of Service Provider - and its reputation, in particular -, or those of certain users or other third parties, or if as a result of such conduct, maintaining the Agreement may not be reasonably expected from Service Provider;
      • the data supplied by User in the course of registration subsequently turn out to be untrue, or non-compliant with this GTC, or User deceives (or deceived) Service Provider in any other way;
        • User commits a criminal offence;
        • User is at fault for causing damage;
        • User severely or repeatedly breaches any of the provisions of the Agreement or this GTC in any other way;
        • or in any other case specified in this GTC.
      1. In the event of termination by Service Provider, subject to Point II./3.1.1. of this GTC, Service Provider shall refund User the positive account balance within 30 days.
        1. Upon termination, Service Provider shall be entitled to invoice or set off all outstanding amounts claimed on User in one lump sum.
      2. In the event of termination and if any accounting document has been issued in the duration of the Agreement, Service Provider - pursuant to Section 169 of Act C of 2000 - shall handle User’s registration, data, in particular traffic data, as documents indirectly supporting the settlement of accounts and shall store those for as long as set out in the relevant rule of law
      3. Service Provider shall not be liable to User or any third party for the termination of this Agreement, if it is performed within the meaning of this GTC. In the event of termination by the Service Provider, a 30-day notice period shall apply, during which the Service Provider may restrict the User's access to the Service at its discretion. The Service Provider shall give reasons for termination, unless it is not required by law. The User may give 8 days' notice of termination.
    • The Service Provider shall be entitled to restrict the User's access to the Service, i.e. to suspend the Service, if there is any doubt as to whether the User complies with the provisions of the GTC or if the User engages in any breach of the Contract or other illegal conduct. The User shall bear unlimited liability for the consequences of the conduct referred to above. The Service Provider shall give reasons for the suspension.
    • In the course of using the website, User shall be held liable to feed real and relevant data.
    • Service Provider reserves the right to verify the registration data supplied by User, in particular if there is any doubt about the authenticity of the data fed via the PartnerPortal. For the time and until the end of such verification, Service Provider shall be entitled to limit or suspend User’s access to any one of the online commercial sites it runs.
    • If Service Provider learns that the data supplied by User contain (also) untrue elements, it shall be entitled to fully or partially limit User’s access to the Service. If User conducts in a way that is not compliant with this GTC or its activity is deemed by Service Provider to mean a potential threat to the business reputation and interests thereof, Service Provider shall be entitled to ban User from, or suspend or limit User’s access to the online commercial sites it runs. In the event of bankruptcy, liquidation, winding-up, liquidation or cancellation proceedings against the User, the Service Provider shall be entitled to restrict or suspend the User's access to the use of the online commercial site operated by the Service Provider and to request, to the extent and in the manner it deems appropriate, the provision of financial security. If the User refuses to provide the financial security or is unreasonably late in providing it, the Service Provider shall be entitled to ban the User from the online trading sites operated by it and thus terminate the contract with the User with immediate effect. Termination with immediate effect shall be made by the Service Provider in accordance with Article 4(4) of REGULATION (EU) No 2019/1150 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) (REGULATION).

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. User shall be held liable to pay Service Provider the service fee by banker’s transfer to the bank account number indicated on the invoice and within 8 (eight) days.
    1. In case of late payment of the service fee, User shall be held liable to pay Service Provider an interest for default, the annual rate of which is 20 percent.
  2. User shall be held liable to notify Service Provider of any change in its data without delay and via the PartnerPortal.
    1. If the Service Provider has issued an invoice to the User, the User may request changes to the data listed below from the Service Provider via the Partner Portal:
      • registration and invoice data (company name, registered office, tax number),
      • seller’s data to be indicated on the invoice for the buyer of a product,
      • the address (URL) of User’s webshop.
      In response to User’s request for changing data, the Service Provider will only adjust to the data in the User’s account after verifying those, thus reserving the right to refuse the data change in the current user account. If the User’s request for data change also concerns the User’s tax number (in case of a Hungarian tax number, the first 8 characters of the tax number), the Service Provider shall be entitled to take out such a change by creating a new account for User and closing the previously existing one without transferring opinions and ratings by buyers in the old user account to the new account.
    2. If data changes announced by User concern any brand name (shop name) that User previously asked Service Provider to display, or the address or the logo of User’s webshop, Service Provider shall be entitled to delete the opinions published on User.
  3. The Services may only be used within the frameworks of the effective rules of law, without prejudice to the rights of any third party and those of Service Provider, as well as subject to the provisions set forth in the Agreement.
  4. For User’s conduct, Service Provider shall not be liable to or indemnify any other user or third party.
  5. In the course of service provision, Service Provider is not deemed to pursue any commercial activity, but makes the products and services of contracted Users (Partners) available on the Website, the sites of the Services. Within the meaning of the above and on account of the nature of the Services, Service Provider shall not be liable for the information published by Users (Partners) and for the conduct thereof.
    1. User shall undertake unconditional and unlimited liability to Service Provider and to any third party for the authenticity and the legal compliance of the data and information supplied. For any damage arising from the violation of the previous provision, User shall assume unlimited liability.
  6. Service Provider shall not be held liable for any mistakes or deficiencies in the content of the Service. Even so, Service Provider makes efforts to prevent such mistakes and deficiencies from occurring. The content published on Service Provider’s website within the frameworks of the services shall only be deemed as information. Service Provider assumes no liability for such content’s (including the software used in the event of running the services) accuracy, reliability, completeness, fitness for a particular purpose and any direct or indirect damage arising from the lack of these features.
  7. Service Provider assumes no liability for any damage - mainly caused by a computer virus - occurring in the computer or any other property of User through logging in, using the services or the website and sending and receiving e-mails.
  8. Service Provider shall not be held liable for any conduct (in particular, any damage) arising from the unprofessional or illegal use of the Website (Service) that is not permitted by this Terms and Conditions.
  9. Service Provider will not examine the content of the sites to which it provides links. Service Provider assumes no liability at all for the content of such offsites. It is User who bears the risk of opening (linking to) any off-site.
  10. It is prohibited to use any system or apply any solution that is intended to or may result in the breakdown of the servers on which the services are run, or that risk or may risk the running of the Service.

Chapter „B”: PARTNERPROGRAM

I. CONTENT OF THE AGREEMENT

  1. “PartnerProgram” is an agreement concluded with website providers (Partner) that produce their own unique content, within the frameworks of which Service Provider may place adverts on Partner’s website
    1. The content of advertisements referred to are supplied by Service Provider.
  2. Fees and the Method of Accounting
    1. Service Provider undertakes to publish the current fees (and conditions) of the PartnerProgram service on the https://www.arukereso.hu/admin/#partner-program site.
    2. Under the PartnerProgram, visitors may click on advertisements referencing to Service Provider’s site that are displayed on Partner’s sites, thus be directed to Service Provider’s website. If after landing on Service Provider’s website, a visitor clicks on an advert displayed on request by Service Provider’s Users under the “Árukereső” service, these unique (PPC) click-throughs are counted. PPCs are recorded and accounted by Service Provider. Partner, however, may monitor the development of PPC on a dashboard on the PartnerPortal managed by Service Provider.
    3. Partner shall be entitled to issue an invoice based on a monthly PPC billing statement prepared by and received from Service Provider in e-mail provided the balance thereof meets the criteria set forth in Point 2.3.1.
      1. Partner may only issue an invoice about a service under PartnerProgram, if Partner’s balance reaches or exceeds net HUF 10,000 (i.e. ten thousand forints).
      2. Partner shall be held liable to indicate the following data on its invoice issued about a service under PartnerProgram: Online Comparison Shopping Kft., 1074 Budapest, Rákóczi út 70-72.; Tax number: 24868291-2-42.

II. ENTRY INTO FORCE AND TERMINATION

  1. The agreement entered into between Service Provider and Partner enters into force upon the activation of Partner registration on the Website, unless activation is rejected for any reason.
    1. In the course of registration, Partner shall be held liable to fill in the registration form properly, completely and with true data, as well as choose a password, supply its e-mail address and expressly agree to this GTC.
      1. It is Partner that shall be held fully liable to keep the password and the account safe. Service Provider assumes no liability for any damage arising from the unauthorized use of Partner’s password or accounts.
      2. Service Provider undertakes to decide on the approval of the Partner’s registration within 10 days following registration.
        1. Service Provider shall be entitled to render the Service only to websites with ample traffic and revenues, hence to refuse to approve of or activate, as the case may be, user registration also tacitly. Besides, Service Provider shall be entitled to refuse to enter into Agreement with websites, the content of which would potentially compromise Service Provider’s reputation and business practices, or to terminate the Agreement with such websites unilaterally and without explanation.
        2. Furthermore, Service Provider shall be entitled to refuse to approve of Partner’s registration, even tacitly, if:
          • it registers, but was previously deleted;
          • the registration is insufficient, incorrect and the data supplied in the course of registration are untrue or not compliant with this GTC;
          • or in any other case specified in this GTC.
    2. In case, its registration is approved of, Partner may activate it by way of clicking on the link received in an e-mail from Service Provider. Following activation, Service Provider grants Partner access to its account on the PartnerPortal.
    3. The Agreement entered into between Parties shall be deemed to be a written agreement.
    4. The Agreements are not to be stored by Service Provider.
  2. The Agreement between Parties is concluded for an indefinite period of time.
  3. The Agreement terminates, in particular:

    by termination without cause unilaterally initiated by Partner or Service Provider and with an 8 day notice;

    by termination for cause unilaterally initiated by Service Provider and with immediate effect if:

    • Partner uses the Service fraudulently and in a way not permitted by law;
    • Partner conducts in a way that harms the legitimate interest of Service Provider - and its reputation, in particular -, or those of certain users or other third parties, or if as a result of such conduct, maintaining the Agreement may not be reasonably expected from Service Provider;
    • the data supplied by Partner in the course of registration subsequently turn out to be untrue, or non-compliant with this GTC, or Partner deceives (or deceived) Service Provider in any other way;
    • Partner commits a criminal offence;
    • Partner causes damage in a culpable way;
    • Partner severely or repeatedly breaches any of the provisions of the Agreement or this GTC in any other way;
    • or in any other case specified in this GTC.
    1. In the event of termination, Service Provider shall be held liable to send an account statement based on its records to Partner via e-mail within 8 workdays, at latest. Within 8 workdays after sending the account statement, Partner shall be entitled to invoice all outstanding amounts claimed on Service Provider to User in one lump sum. If Partner fails to issue the invoice with relevant content within the above-mentioned period of time, its claim shall be deemed as time-barred.
    2. In the event of termination and if any accounting document has been issued in the duration of the Agreement, Service Provider - pursuant to Section 169 of Act C of 2000 - shall handle Partner’s registration, data, in particular traffic data, as documents indirectly supporting the settlement of accounts and shall store those for as long as set out in the relevant rule of law.
    3. Service Provider shall not be liable to Partner or any third party for the termination of this Agreement, if it is performed within the meaning of this Terms and Condition.
  4. Service Provider shall be entitled to suspend to provide the Service if there is any doubt about a Partner’s acting in compliance with this GTC, or if Partner conducts in a way that is against the law or violates the Agreement. For the consequences of such a way of conduct, Partner shall assume unlimited liability.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. Service Provider shall be held liable to pay the fee for the PartnerProgram services by banker’s transfer to the account number indicated on the invoice and within 15 (fifteen) days after receipt of an invoice duly made and sent by Partner.
  2. Partner shall be held liable to notify Service Provider of any change in its data without delay and via the PartnerPortal.
  3. The Services under PartnerProgram may only be used within the frameworks of the effective rules of law, without prejudice to the rights of any third party and those of Service Provider, as well as subject to the provisions set forth in the Agreement.
  4. For Partner’s conduct, Service Provider shall not be liable to or indemnify any other partner or third party.
  5. Service Provider assumes no liability for any damage - mainly caused by a computer virus - occurring in the computer or any other property of Partner through logging in, using the services or the website and sending and receiving e-mails.
  6. Service Provider shall not be held liable for any mistakes or deficiencies in the content of the Service. Even so, Service Provider makes efforts to prevent such mistakes and deficiencies from occurring. The content published on Service Provider’s website within the frameworks of the services shall only be deemed as information. Service Provider assumes no liability for such content’s (including the software used in the event of running the services) accuracy, reliability, completeness, fitness for a particular purpose and any direct or indirect damage arising from the lack of these features.
  7. Service Provider shall not be held liable for any conduct (in particular, any damage) arising from the unprofessional or illegal use of the Website (Service) that is not permitted by this GTC.
  8. Service Provider will not examine the content of the sites to which it provides links. Service Provider assumes no liability at all for the content of such offsites. It is User who bears the risk of opening (linking to) any off-site.
  9. It is prohibited to use any system or apply any solution that is intended to or may result in the breakdown of the servers on which the services are run, or that risk or may risk the running of the Service.

Chapter „C”: COMMON PROVISIONS

I. COPYRIGHTS

  1. Any part of the Website may only be saved or printed for own use. Such downloaded materials, however, are not permitted (approved) to either be multiplied, distributed, made accessible (downloadable), stored in a database or processed in any way for commercial purposes.
  2. User/Partner or any third party may only use the images on the Website by consent of the right holder. Any unlicensed use of the images violates the legal rules on copyright and privacy protection.
  3. For the infringement of the provisions contained herein, User/Partner shall assume unconditional and unlimited liability.
  4. The right of use of any image or material depicting a product or service that is a part of the content of the Website supplied by User/Partner shall be obtained by Service Provider for the purposes of the product/service data sheet. By approving of this GTC upon registration, User or Partner agrees to grant Service Provider the right of use of any image/material it supplies and this right shall be unlimited in terms of its territorial and temporal scope and imply no compensation. At the same time, User or Partner warrants that the image/material supplied to Service Provider does not harm the intellectual property rights of any third party. The right of use may only be restricted by the lack of the proper exercise of law. The purpose of use is a product database to be created by Service Provider.

II. DATA PROTECTION

  1. Service Provider shall process the personal data voluntarily supplied by User or Partner as confidential, and use those only to identify the individual User or Partner and to provide Service to an extent necessary for the successful performance and in accordance with Section 13/A of Act CVIII of 2001 on certain issues of electronic commerce services and information society services.
  2. Upon concluding this Agreement, User/Partner gives its express consent to the use of its personal data for the purpose and in the way herein specified.
  3. In the event of the Agreement’s termination or on User’s/Partner’s request, Service Provider shall be held liable to delete all of the personal data of User/Partner without delay.
  4. Priority shall be given to the confidential handling of the data stored by Service Provider. To this end, Service Provider may disclose User’s data to any third-party organisation only in response to a request to this effect. Such data may be made accessible to authorities and the court of justice only within the frameworks of the relevant laws. User agrees that the data it supplies may be considered as personal data only on grounds of the legal provisions.
  5. Further terms and conditions relating to the Service Provider's data controlling are set out in the Privacy Policy.

III. MISCELLANEOUS PROVISIONS

  1. Service Provider shall be entitled to unilaterally amend this GTC. In such a case, Service Provider shall publish all the details of the amendments on the Website without delay, as well as to notify User and/or Partner thereof by electronic means. If User and/or Partner refuses to consent to the amendments, it shall be entitled to unilaterally terminate the Agreement with immediate effect within 15 days after receipt of a notification from Service Provider. If User and/or Partner waives the right to terminate the Agreement within 15 days after receipt of a notification from Service Provider, the amendment shall be deemed to be approved of by User/Partner. The amendment to this GTC shall enter into force on the 16th day after the notification. Changes made by the Service Provider to the tariffs or product data requirements referred to in this GTC shall not be subject to the terms of any unilateral change to these GTC.
    1. During the 15-day notice period, any order placed by the Partner or the User shall be deemed to be a declaration to waive the 15-day notice period.
    2. The Service Provider may amend the provisions of this GTC without notice if:
      • the Service Provider is under a legal or regulatory obligation to amend this GTC in a way that does not allow the Service Provider to comply with the 15-day notice period; or
      • in response to an unforeseen and imminent threat, it is necessary to modify the GTC in order to protect the Service, the Partner or Users or consumers from fraud, malware, spam, data breaches or other cybersecurity risks.
  2. Parties accept e-mail correspondence as the way of mutual written communication. Service Provider shall be contacted on the following address: info@arukereso.hu. Service Provider assumes liability neither for ensuring a continuous e-mail flow, nor for any damage arising from Partner’s not receiving e-mails.
  3. The Service Provider will enforce its claims arising in the course of use and for a compensation for any damage incurred due to illegal activity without delay - even in court. In the latter case, the Service Provider will make reasonable efforts in helping the competent authorities in charge to identify the offender(s).
  4. If any of the websites administered by Service Provider contains any infringing content published or made available by User, Service Provider shall act in accordance with Act CVIII of 2001 on Electronic Commerce and Information Society Services and may remove the content published by User upon being properly notified by the right holder. Service Provider shall co-operate with the authorities within the frameworks of the relevant and effective rules of law in order to call the offender(s) to account.
  5. Each User or Partner who joins the Árukereső’s Trusted Shop Program automatically takes part in the “Shop of the Year Hungary” Quality Award annually announced by Árukereső or the Service Provider. Such User’s/Partner’s participation shall be governed by the terms and conditions of participation of the contest published by Árukereső or Service Provider on the following link: https://www.orszagboltja.hu. Should User or Partner not want to take part in the contest, it may decline its nomination until the closing of the vote by sending an e-mail to info@orszagboltja.hu.
  6. The Service Provider shall be entitled to modify unilaterally and without notice the structure of the sites and subsites it administers and to replace or highlight certain features thereon. Árukereső or Service Provider shall be entitled to specify special criteria applicable to the feed format of different categories or features. Such criteria shall be regarded as contractual provisions of the legal relationship regulated by this GTC and may be amended to by Service Provider without any prior notice. These specific criteria shall be displayed by Service Provider on https://www.arukereso.hu/admin/#feed-format, https://www.arukereso.hu/admin/Login#special-feeds.
  7. Parties agree that the Hungarian laws, in particular the Act CVIII of 2001. (Ekertv.) and Act V of 2013 on the Civil Code (Ptk.) are applicable to the Agreement and this GTC, whereby they exclude the application of Section 6:102 of Ptk.
  8. In case of any legal dispute between Parties, Service Provider and User/Partner agree to refer their case to the competent district court or tribunal as per Service Provider’s seat. As regards electronic advertisements in connection with the Service, User may initiate proceedings with the National Media and Infocommunications Authority. The National Media and Infocommunications Authority is to be contacted at 1525 Budapest, P.O. Box 75 and on info@nmhh.hu.

The latest and updated version of these Terms and Conditions is available by clicking on the “General Terms and Conditions” link placed on the user registration site.

1 January 2024

The GTC valid until 01.01.2023 is available here..

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