1. General provisions
1.1. Careful reading of this User agreement is a prerequisite for providing the services specified in the mobile application.
1.2. This User Agreement is equivalent to a written agreement.
1.3. By directly using the services specified in the mobile application and on the website, the User confirms that he has carefully read and fully accepted all the provisions of this User Agreement, including in terms of providing consent to the processing of the User's personal data, as well as to receive emails, sms and other types of informational and advertising newsletters, including from the Partners.
1.4. The user undertakes to fully comply with all the provisions of the User Agreement throughout the entire period of using the mobile application.
1.5. This User Agreement shall be deemed concluded upon the moment the User makes one of the following actions:
— places an order in the mobile application;
— places an order by calling the Contact Center.
2. The Parties to the Agreement and the Terms used herein
2.1. User Agreement (hereinafter referred to as "the Agreement") – this document, which is unilaterally and unconditionally offered for acceptance by the User in the format of a written offer. Acceptance of this User agreement is a mandatory condition for providing the Contractor's services. Acceptance shall be made by the user automatically as a result of using the mobile application.
2.2. Contact Center – a division that processes User requests. The phone number of the Contact centre: 0800 355 355.
2.3. Services – the Performer provides the User with opportunities to quickly and easily search for and order ready-made food.
2.4. Performer – the entire administrative and technical team of the mobile application responsible for its performance. The Contractor shall be in direct contact with the User and undertakes to provide consulting information on issues directly related to the use of the mobile application. The Contractor is a party to this User Agreement.
2.5. User – any individual who uses the mobile application in any way and to any extent. A user is any person who uses the mobile application for any of their own purposes. Therefore, all the provisions of this User Agreement shall apply in full to all individuals who use the mobile application. The Contractor shall be the party to this User Agreement.
3. The Subject of the User Agreement
3.1. The Contractor offers its services to the User on the terms and conditions under this User Agreement.
3.2. The Contractor may amend the Agreement without any special notice, and the new version hereof shall enter into force after 3 (three) days upon its publication, unless otherwise provided by the new version of the Agreement.
4. Description of services
4.1. The mobile application is an ordering information system that allows its users to search for and order prepared food quickly and easily. These services are informational and are provided to the User free of charge.
4.2. The user agrees that all services are provided "as is" and that the Contractor shall not be liable for the deletion or non-preservation of any personal information of the user, or for failures in the functioning of payment systems.
4.3. The Contractor shall be responsible for the quality of the delivered products, for delays, failures, incorrect or late delivery.
4.4. In order to use the Contractor's services, the User shall independently place an order through the mobile application, or by calling the Contractor's Contact Center.
4.5. The user shall pays for the order using one of the following methods:
4.5.1. when receiving the order from the Contractor's delivery service, directly in cash, by a bank card or any other means provided by the Contractor;
4.5.2. on-line payment by VISA/MasterCard via the payment system of JSC Commercial Bank "PrivatBank". All additional costs for transferring funds for the order shall be borne by the Contractor.
4.6. If the User selects on-line payment after placing an order, they will be redirected to the secure payment page of JSC Commercial Bank "PrivatBank" (www.liqpay.com), where they need to enter their bank card details. For additional authentication of the cardholder, the 3D Secure Protocol is used. If the User's Bank supports this technology, the User will be redirected to its server for additional identification. For information about the rules and methods of additional identification, the User can check with the Bank that issued their card.
4.7. JSC Commercial Bank "PrivatBank" protects and processes the User's bank card data according to the PCI DSS 2.0 security standard. Information is transmitted to the payment gateway using SSL encryption technology. Further information is transmitted over closed banking networks that have the highest reliability level. JSC Commercial Bank "PrivatBank" shall not transfer the User's card data to the Contractor or other third parties. For additional authentication of the cardholder, the 3D Secure Protocol is used.
4.8. The security of online payment processing is guaranteed by JSC Commercial Bank "PrivatBank". All operations with payment cards are performed in accordance with the requirements of VISA International, MasterCard, and other payment systems. When transmitting information, special security technologies for online card payments are used, and data is processed on a secure high-tech server of the processing company.
4.9. For any questions about payment, the User may address the Contractor's Contact Center.
4.10. The user shall have the right to refuse to pay for the order or request to refund the money paid in the following cases:
4.10.1. if the Contractor unilaterally refuses to sell the products;
4.10.2. if there is a groundless violation of the delivery term for more than 1 (one) hour from the delivery time specified in the order;
4.10.3. if the product quality is substandard, which the User shall report to the Contractor's Contact Center within 1 (one) hour upon the moment of delivery/receipt of the order;
4.10.4. if the User unilaterally refuses to receive the product, about which the User is obliged to notify the Contractor's Contact Center no later than 5 (five) minutes after confirmation of the order by the Contact Center operator, or the User receives an SMS confirming the restaurant's order.
4.11. Refund of the money paid by the User via www.liqpay.com with a bank card is done only to the card from which such payment was made.
4.12. The Contractor shall have the right to refuse the User to place an order with the "cash or card to courier" payment the User's previous orders were not delivered though the User's fault. This applies to situations when the User did not open the door or did not answer the phone to the courier delivering the order, or if the User specified a non-existent delivery address, etc.
5. The Obligations to Register and Use the Mobile Application
5.1. In order to use the Contractor's services, the User agrees to provide true, accurate, and complete information about themselves on the questions of the registration form and to agree with the terms of hereof by confirming the "I accept the terms of the Agreement" clause.
5.2. If the User provides incorrect information or the Contractor has serious reasons to believe that the information provided thereby is incorrect, incomplete, or inaccurate, the Contractor shall have the right to suspend or cancel the User's registration and refuse them in providing its services.
6.1. The mobile application contains copyrighted materials, trademarks, and other legally protected materials, including, but not limited to: texts, photos, and graphic images.
6.2. Meanwhile, all content of the mobile application is protected by copyright as a work created by collective creative work in accordance with the Legislation of Ukraine on copyright and the related rights.
6.3. The Contractor owns the copyright to use the content of the mobile application (including the right to select, arrange, organize, and transform the data contained in the mobile application, as well as the source data itself), except for cases expressly mentioned in the contents of materials published in the mobile application.
6.4. The user shall not have the right to change, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use the contents of the mobile application in part or in full.
6.5. The user agrees to use the mobile application only for legitimate purposes.
6.6. The user undertakes not to post in the mobile application or send anywhere via the mobile application any materials of the following nature:
6.6.1. that violate the law, contain threats and insults, discredit other persons, violate the rights of citizens for privacy or public order, or having the nature of obscenity;
6.6.2. that violate to some extent the honor and dignity, rights and legally protected interests of other persons;
6.6.3. that encourage or contain urges to incite religious, racial or ethnic hatred or contain attempts to incite hostility or calls to violence;
6.6.4. as well as other materials that encourage other persons to engage in illegal behavior that entails criminal, civil, and other liability or in any way violates the provisions of the law.
6.7. The User undertakes not to place in or send through the mobile application any materials that are advertising any goods or services, without the prior express consent of the Contractor.
6.8. The User agrees not to use the mobile application for advertising or other promotion of any goods or services in any form, including, but not limited to, encouraging users to subscribe to another interactive service system that is a competitor to the mobile application.
6.9. The User undertakes not to upload, post or otherwise use any materials protected by intellectual property law (including copyright, trademark law), or other materials protected by law, in the mobile application, without the express permission of the owner of the rights for the protected material. Meanwhile, the User shall be responsible for proving that the publication of their materials in the mobile application does not violate the copyright or related rights of the third parties for the posted content, as well as for any illegal publication.
6.10. The Contractor shall not be responsible for any reviews published by the User.
6.11. The Contractor reserves the right to post comments to the User's reviews. The Contractor reserves the right not to post or delete User's reviews that violate the Legislation of Ukraine and harm the legitimate interests of third parties.
7. Liability of The Parties
7.1. The Contractor shall be liable for compliance/non-compliance with its obligations to the User, as well as for the accuracy of the information.
8. The Ownership Right of the Contractor
8.1. The user acknowledges and agrees that the mobile application services and all the necessary programs associated with them contain confidential information that is protected by intellectual property laws and other Ukrainian and international laws. The User agrees not to modify, sell, or distribute this content and programs, in whole or in part.
9.1. The User's personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection".
9.2. When placing an order by calling the Contractor's Contact Center or using the mobile application, the User shall provide the following information: name, contact phone number, date of birth, and delivery address.
9.3. By submitting their personal data during registration/ordering, the User agrees to its processing by the Contractor, including for the purpose of fulfilling the Contractor's obligations to the User hereunder, informing the Users about their services, promoting products and services, conducting electronic and sms surveys, monitoring marketing campaigns, customer support, organizing product delivery to Users, conducting prize draws among the Users, monitoring User satisfaction, as well as the quality of services provided by the Contractor's personnel. Provision of information to partners, agents, and third parties acting under an agreement with the Contractor in order to fulfill their obligations to the User shall not be deemed as the Contractor's violation.
9.4. Personal data processing means any action (operation) or a set of actions (operations), performed using the automation tools or not, with personal data, including collection, recording, systematization, accumulation, retaining, clarification (updating, modification), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if such need arose in the course of fulfilling the obligations), depersonalization, blocking, deletion, or destruction of personal data.
9.5. The contractor shall have the right to send informational messages, including advertising ones, to the User's email and mobile phone upon their consent. The user shall have the right to refuse to receive advertising and other information without explaining the reasons for such refusal. Service messages informing the User about the order and its processing stages shall be sent automatically and cannot be rejected by the User.
9.6. The Contractor shall have the right to use the "cookies" technology. "Cookies" do not contain confidential information, and the Contractor shall have the right to transmit information about "cookies" to Partners, agents and third parties who have contracts concluded with the Contractor for the performance of obligations to the User and for the purposes of statistics and optimization of advertising messages.
9.7. The Contractor shall not be responsible for the information provided by the User in the mobile application in a publicly available form.
9.8. The contractor shall have the right to record telephone conversations with the User. Meanwhile, the Contractor undertakes to: prevent unauthorized access to information obtained during telephone conversations, and/or its transfer to third parties who are not directly related to the orders' execution.
10. General provisions
10.1. This agreement shall be governed by the Laws of Ukraine.
10.2. Any possible disputes regarding the Agreement shall be resolved in accordance with the current Legislation of Ukraine.
10.3. Nothing in the Agreement shall be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Contractor that are not expressly provided for in this Agreement.