Effective date 14/09/2019

Terms of use

1. Recitals

These Terms of Use (hereinafter referred to as the "Terms") regulate the use by you, an individual (hereinafter referred to as the "User"), of the website zakaz.ua and mobile application thereto Zakaz (hereinafter jointly referred to as the "Website"), as well as content, products and services placed on the Website, or gaining of access thereto, which are organised by “Zakaz Ukraine” Limited Liability Company, a legal entity incorporated under the laws of Ukraine, identification code 41276064, with its registered office at: 9/2 Klovskyi Uzviz St., apt. 70, Kyiv, 01021 (hereinafter referred to as "Zakaz.ua").

By signing up on the Website and entering the information required for signing up, you confirm that you have read these Terms of Use and have accepted the provisions thereof. By performing such actions, you understand that according to the legislation of Ukraine acceptance of these Terms by you means entering into an electronic agreement between you and Zakaz.ua, the content of which is set out herein.

2. Services

Functional features of the Website enable the Users to review current offers of retail trade networks on the sale of goods and current prices thereof, to create an account, place goods purchase and delivery orders, save order history (hereinafter referred to as the "Services".) Services available on the Website for the organisation of goods purchase and delivery to the Users collectively form the Delivery Service.

Goods Delivery Service of Zakaz.ua is an official partner of retail trade networks for the delivery of food products and other goods orders. On the Website, you can place an order to have your products picked up in the shop and delivered to your house or office. Online order in the supermarket through the Website is available 24/7.

In turn, direct functions of the delivery service, such as picking up, packing and delivering order, may be performed by outsourced contractors providing their services through the Website. When the User orders a direct service on the Website, he/she will be offered a public agreement of a relevant service provider containing the terms and conditions and procedure for rendering it.

3. Signing up on the Website and creating an Account

3.1. Conditions of signing up on the Website

The Website may be used by an individual over 18 years old. Underage persons may not sign up on the Website. By signing up on the Website, you confirm that you are over 18 years old.

3.2. Creating an Account

You may review the range of goods presented on the Website if you are not signed up. However, you cannot place order, unless you create an Account.

To create an Account, you must:

(i) fill in all the required fields in a sign up form;

To sign up on the Website, you must read and accept these Terms of Use and Privacy policy.

To make sure that the information is up-to-date and accurate during the contractual relations with Zakaz.ua, when creating your Account you agree to provide accurate and true information and update it through your Account.

You agree to keep confidential the password to your Account and not to provide it to anyone. Should you lose or disclose your password, you must immediately notify Zakaz.ua thereof. You shall be solely liable for using your Account by third parties, unless you notify Zakaz.ua of the loss of your password, fraudulent use thereof by a third party or disclosure to a third party.

You agree not to create and use on your behalf or on behalf of a third party any other Accounts, except for the one initially created.

Once the sign up procedure is completed, all Users shall gain access to a new Account and can finish or edit it, should they deem it necessary.

3.3. Authentication

For the purposes of transparency, enhancing the trust or warning or fraud detection, Zakaz.ua may create a system of authentication (verification) of certain information that you specify in your account. Such authentication may also be conducted when you enter your mobile phone number.

4. Operation, accessibility and functional features of the Website

Zakaz.ua will strive to maintain the Website accessible 24/7 to the extent possible. However, access to the Website may be temporarily restricted without any warning due to maintenance, replacement operation or updating, or due to malfunctions or restrictions related to the operation of the Internet.

Furthermore, Zakaz.ua reserves the right to modify or terminate, in full or in part, access to the Website or its functional features at its own discretion, for a specific period of time or permanently.

4.1. Internet access and devices

To use the Services presented on the Website, you must have Internet access. When obtaining access to the Website, data transmission fee may be charged at the rates of your Internet provider and mobile operator. You must pay these fees on your own.

You shall be liable for purchasing and updating compatible hardware and devices necessary for obtaining access to the Website in order to use it, as well as to get any updates for the mobile application thereto. Zakaz.ua does not warrant the Website or any part thereof will operate on a particular hardware or device. Furthermore, the provision of Services may be interrupted or late due to malfunctions in the Internet or electronic communication means operation.

5. Financial clauses

Access to the Website and signing up, as well as search for and review of any information about the goods offered for sale is free of charge.

Placement of an order to purchase goods and delivery thereof are fee-based.

Prices of goods in the online store are the same as those on the shelves of a supermarket where your order is picked up. The cost of delivery depends on the address of delivery (zone).

More details about the conditions, payment methods and delivery of goods are available on the Website at https://zakaz.ua/uk/products/p/delivery/#price_products

5.1. Special offers

From time to time, Zakaz.ua may arrange for special offers for a limited period of time. A detailed description of conditions of such offers shall be published on the Website, or communicated to the Users otherwise.

5.2. Promo codes

Zakaz.ua may, at its own discretion, create promo codes, which can be used for crediting as payment for the services provided through the Website, or to provide any benefit related to the provision of services, pursuant to any additional terms and conditions set by Zakaz.ua for using the promo codes (hereinafter referred to as the "Promo Codes"). You agree that the Promo Codes: (i) are to be used in a legal way for the target audience and for a proper purpose; (ii) may not in any way be copied, sold, transferred or published (for instance, placed in a public domain or published otherwise); (iii) may be recognised by Zakaz.ua as invalid at any time and for any reason; (iv) may be used only pursuant to certain conditions set by Zakaz.ua for such a promo code; (v) may not be exchanged for cash; (vi) their validity term may end before it is used. Zakaz.ua reserves the right to cancel or revoke any benefits received by you or any other User using the Promo Codes, should it conclude that the Promo Code use or application is a a result of an error, is unfair or illegal or violates the conditions of using the Promo Codes or these Terms.

6. Obligations of the Website Users

You admit that you are fully liable for complying with the legislation applicable to using the Website.

Moreover, when using the Website, you undertake:

(i) not to use the Website for professional, commercial and other purposes related to gaining profit;

(ii) not to send any untrue, misleading, malicious and fraudulent information to Zakaz.ua (especially when creating and updating your Account);

(iii) not to infringe the rights and image of Zakaz.ua, in particular the intellectual property rights;

(iv) not to create more than one Account on the Website and not to create an Account in the name of a third party;

(v) to comply with the Terms of Use and Confidentiality Policy.

7. Commercial notification

By creating an Account, you agree to receive commercial e-mails, which are an integral part of the process of using the Website. In this case, you may refuse to receive and unsubscribe from commercial e-mails at receipt thereof. You admit that refusal to receive text notifications may affect your using of the Website.

8. Personal data

While you use the Website, Zakaz.ua will collect and process some of your personal data. By using the Website and signing up as the User, you understand and agree to the processing of your personal data by Zakaz.ua pursuant to legislation of Ukraine.

We collect and use personal information related to the provided Services pursuant to the Privacy policy.

9. Intellectual property

The Website and all intellectual property objects placed thereon belong to their rights holders and are protected by legislation of Ukraine on intellectual property, as well as relevant international conventions and treaties. Any use of the intellectual property results (visual design, text, graphics, illustrations, photographs, videos, programmes, music, trademarks, etc.) placed on the Website without a written consent of the rights holders is illegal and may serve as grounds for legal proceedings and holding the infringer liable pursuant to the current legislation of Ukraine

10. Disclaimer. Limitation of liability

Zakaz.ua shall not be liable for any direct, indirect, unforeseen, actual or incidental damages, in particular loss of profit, lost data, or financial damages related to the Services or otherwise caused by using the Services. Zakaz.ua shall not be liable for any losses, liability or expenses incurred as a result of: (i) using the Services by you, taking actions in order to receive the services or you being unable to get access to the Services or to use them; and (ii) any agreement or relations between you and service provider carrying out its activity on the Website. Zakaz.ua shall not be liable for any delay in the provision of Services or lack of access thereto due to reasons beyond its reasonable control.

You may use the Website to order services of entities providing them through the Website, however, you agree that Zakaz.ua has no obligations to you and is in no way liable for the quality of services provided by providers through the Website.

11. Applicable law. Arbitration

These Terms shall be governed and construed pursuant to the legislation of Ukraine. Any disputes, conflicts and disagreements arising as a result of or in general in connection with the use of provided Services and application of these Terms, shall be resolved through negotiations between the parties to the extent possible. If the parties fail to reach agreement on matters in dispute through negotiations, such disputes shall be referred to a court for consideration pursuant to the current legislation of Ukraine.

12. General provisions

You may not assign your rights stipulated by these Terms or transfer them in full or in part without a prior written consent of Zakaz.ua.

If according to legislation a certain provision of these Terms has been recognised as illegal, invalid or fully or partially unenforceable, such a provision or a part thereof shall be deemed excluded from these Terms in full, and it will not affect the legality, validity and enforceability of the remaining part of these Terms. In this case, the parties will replace the illegal, invalid or unenforceable (part thereof) with a legal, valid and enforceable provision (part thereof), which is in force and has legal effects to the maximum extent possible similar to the illegal and invalid provision (part thereof), or a an enforceable provision, subject to the content and purpose of these Terms. These Terms represent an entire agreement between the parties in respect of the subject matter thereof. These Terms shall supersede all previous or current arrangements or obligations concerning the same issues.

12.1. Notifications

Zakaz.ua may send notifications via general notification of the Services by e-mail or mail specified by you in your Account. You may send notifications to Zakaz.ua at the following e-mail address: [email protected], or by sending a letter by mail at: 2 A Zaliznychne shose, 4th floor, Kyiv, 01103.

13. Amendments of the Terms of Use

These Terms of Use and documents incorporated therein by reference are an agreement between you and Zakaz.ua in respect of using the Services by you. Any other documents, in particular, any of them mentioned on the Website, are for reference only.

Zakaz.ua may amend these Terms of Use in order to adjust them to technical and commercial conditions of Website operation and to bring them in line with the current legislation. Any amendments to these Terms of Use will be published on the Website with the specification of the effective date without any prior notification thereof, therefore, we offer to use the Website "as is", i.e. in the form and scope it is provided by Zakaz.ua as of the date you apply for the Services provision. By continuing to use the Website after the amended Terms of Use become effective, you accept and undertake to comply with the introduced amendments.