Terms of Use
Effective date 28.06.2023
1. Preamble
These Terms of Use (hereinafter – Terms) regulate the use by You – a natural person (hereinafter – a User) of zakaz.ua web site and a mobile application Zakaz (hereinafter collectively – the Site), as well as contents, goods and services placed on the Site, or receiving access to them, the delivery arrangement to which is performed by “Zakaz Ukraine”, Limited Liability Company, a legal entity, registered according to the legislation of Ukraine, identification code 41276064, registered location: 9/2 Klovskyi Uzviz Str., apt. 70, Kyiv City, 01021, and within metro.zakaz.ua and winetime.zakaz.ua, as well as store windows of METRO and WINETIME stores in the mobile application Zakaz - by “ZAKAZ.UA” Limited Liability Company, a legal entity, registered according to the legislation of Ukraine, identification code 43890867, registered location: 9/2 Klovskyi Uzviz Str., apt. 70, Kyiv City, 01021 (hereinafter – Zakaz.ua).
By registering on the Site and entering the information required for the registration, you confirm that you have read these Terms of Use and accepted their stipulations. By acting in this way, you also recognize that according to the legislation of Ukraine the acceptance of these Terms by you means making an electronic agreement between Zakaz.ua and you, the contents of which is specified in these Terms of Use.
2. Site service
Functional capabilities of the Site allow Users to browse up-to-date offers of retail chain stores for sale of goods and their effective prices, create personal account, place orders for goods purchase and delivery, save own history of orders (hereinafter – the Service/the Site Service).
Zakaz.ua delivery service is an official partner of retail chain stores on delivery of food and other goods. On the Site you can make an order for collecting goods in the selling floor and delivering goods of retail chain stores purchased remotely according to your order to your home or office. Online orders in the retail chain stores through the Site work 24 hours.
Performance of direct functions of a Delivery service like collection of an order, its packing and delivery, can be performed by independent third-party contractors that provide their services through the Site, as well as directly by Zakaz.ua, including with engagement of subcontractors. When a User applies for a direct service through the Site, he/she will be offered a public agreement of a relevant service supplier that contains services terms and order of their provision.
3. Registration on the Site and creating an Account
3.1. Terms of registration on the Site
The Site can be used by a natural person, who reached 18 years. Registration of the underage person on the Site is forbidden. By your registration on the Site you confirm that you reached 18 years and have full legal capability.
3.2. Creating an Account
You can browse the range of the goods represented on the Site if you are not registered on the Site. However, you cannot place orders if you are not registered on the Site and have no Account.
To register on the Site and create an Account you need to:
(i) fill in all compulsory boxes in the registration form on one of the web pages of the Site, where such a form is available for filling, or in the mobile application Zakaz.
To register on the Site, you must read and accept these Terms of Use and Privacy policy. Registration on the Site is possible only after a User confirms that he/she has read and accepted the Terms of Use and agreed to process his personal data according to the Privacy policy of Zakaz.ua, by marking a relevant box.
To guarantee the up-to-datedness and accuracy of the information during the contractual relations with Zakaz.ua, you agree to provide only accurate, true and up-to-date information while registering your account and to update such information through your Account. The information inserted on the Site can be verified by Zakaz.ua including by verification of a document that identifies a User by a person that delivered goods to a User.
After the registration completion you will be given a password to enter your profile (Account). This password can be changed in your profile. A User is advised to change a password each 3 months. A User carries the full responsibility for his/her login and password safety (the information of which is not an object to disclosure to third persons), as well as for all actions that will be performed through his/her account on the Site. All actions performed in the period of this Agreement with the use of a User’s login and password are considered to be performed by a User. Zakaz.ua does not carry responsibility for unauthorized use of the registration data of a User by third parties.
You agree to keep a password for entering your Account confidential and not to disclose it to anyone. In case you lost or disclosed your password, you must immediately inform Zakaz.ua about this. You individually carry responsibility for the use of your Account by third parties in case you fail to inform Zakaz.ua on the loss of your password, its fraudulent use by a third party or disclosure to a third party.
You agree not to create and not to use in your name or in the name of a third party other Accounts but for the one that was initially created by you. Zakaz.ua allows a User to create only one personal account. In case a User creates more than one account, Zakaz.ua has the right to remove other accounts created by a User and/or refuse a User in access to the Service.
After the registration process completion all Users have access to their Accounts and can complete or edit it if necessary.
In case a User provided false information about himself/herself or evaded providing data and/or verification of provided data, Zakaz.ua has the right to seize or cancel a User’s registration at any time, refuse to provide the Service, to render services required. A User carries full sole responsibility before any third persons, including state and local government authorities for providing false data for registration on the Site and all possible negative consequences that may arise in connection with providing false data for registration on the Site as well as undertakes to compensate for loss for providing false data to Zakaz.ua and to any third parties.
It is forbidden to use the Site in illegal and prohibited activity. A User agrees to keep to laws, including not to spread spam, malicious software, links to WEB resources, that can deliver damage to someone, as well as not to perform other actions on the Site that do not comply with the norms of moral and current legislation of Ukraine.
In case Zakaz.ua suspects that a User performs illegal actions, including: unauthorized use of bank cards, spread of spam, malicious software, money laundering, identity theft, other actions that break the conditions of this Public Agreement, Zakaz.ua has the right to address to the relevant state authorities with an application and/or block and/or remove a User’s account until the circumstances of the case are clarified.
3.3. Authentication
Zakaz.ua has the right for the sake of transparency, increase of trust or prevention or detection of fraud, etc., to create a system for authentication (verification) of some information in your profile. Such authentication can take place, amongst other cases, when you enter your phone number.
4. Work, availability and functional capabilities of the Site
Zakaz.ua shall try, as far as possible, to maintain the Site availability 7 days per week, 24 hours per day. However, the access to the Site can be temporarily seized without warning due to technical service, relocation or update operations, due to failures or restrictions related to the work in the Internet.
Moreover, Zakaz.ua keeps the right to change or seize completely or partially access to the Site or its functional capabilities at own discretion, temporarily or permanently.
4.1. The Internet access and devices
To receive the Service of the Site, you must have the Internet access. Fee for data transfer according to the rates of your Internet provider or mobile connection operator can be charged while you use the Site. You must cover these costs on your own.
You carry responsibility for purchase and update of the compatible instruments and devices needed to receive access to the Site and for its use, as well as to receive any updates of its mobile application. Zakaz.ua does not guarantee functioning of the Site or its any part in a certain instrument or device. Besides, the Service provision can be interrupted or delayed due to failures in the Internet work or electronic communication devices.
5. Financial conditions
Access and registration on the Site as well as search and browsing the information on goods available, is free of charge.
Placement of an order for goods purchase and their delivery is chargeable.
The delivery cost depends on the address (zone) of delivery.
Detailed information on terms, ways of payment and delivery of goods is placed on the Site.
5.1. Special offers
Zakaz.ua may periodically arrange special offers for a limited period of time. Detailed description of terms of these offers is placed on the Site or is delivered to Users in other ways.
5.2. Promotional codes.
Zakaz.ua can create promotional codes at own discretion to be used for payment for services rendered through the Site, or to provide any advantage related to the service rendering according to any additional conditions set by Zakaz.ua in relation of use of promotional codes (hereinafter – Promotional codes). You agree that Promotional codes: (i) shall be used in a legal way for a target audience and with a proper aim; (ii) must not be copied, sold, transferred or disclosed (for example, placed on the public platform or published in other way); (iii) can be recognized by Zakaz.ua invalid any time and for any reason; (iv) shall be used only according to certain conditions, set by Zakaz.ua for such promotional code; (v) cannot be exchanged for cash; (vi) their validity term can finish before they are used. Zakaz.ua has the right to cancel or revoke profit received with the help of Promotional codes if comes to a conclusion that use or servicing of Promotional codes is done in a wrong, unfair or illegal way or breaks the Terms of Use of Promotional codes or these Terms.
6. Rights and obligations of the Site Users
6.1. Users’ rights
A User has the right:
- To use the Site Service;
- To get true information about goods and services presented on the Site;
- To stop using the order Service, refuse from the created account and this Agreement by sending a corresponding request to Zakaz.ua according to the feedback form.
6.2. Users’ obligations
You are aware of the fact that you are fully responsible for keeping to the legislation that is spread for the use of the Site by you.
Moreover, by using the Site you undertake to:
a) use capabilities of the Site solely with legal aims and with the compliance with current legislation as well as the Terms of Use and Privacy Policy of Zakaz.ua;
b) regularly get familiar with the information placed on the Site, including with a User’s Agreement, with the aim of timely awareness of the changes and/or supplements to it. A User's request for services provided on the Site after making changes and/or supplements, means the consent of a User with such changes and/or supplements;
c) Avoid making actions aimed at destabilization of the Service work, unauthorized access to the Site with the results of the intellectual activity placed on it, as well as making any other actions that break the rights of Zakaz.ua, rights of contractors providing services that can be ordered through the Site, retail chain stores the goods of which are presented on the Site and/or rights of third persons;
d) Not to send through or with the help of the Service materials that advertise some goods or services without preliminary written consent of Zakaz.ua. A User undertakes not use the Services for commercials or other sales stimulation of any goods and services;
e) Not to reproduce, copy, sell, resell as well as not to use in any way the Site and (or) any parts of the Service contents with any commercial aims without the consent of Zakaz.ua;
f) provide accurate, relevant and full information about yourself during the registration of an account;
g) take necessary measures to keep your account (including e-mail address) and passwords safe. For this a User must exit his/her account (complete each session by pressing “exit” button) before going to other sites or closing a browser (Internet-browser);
h) Not to transfer, give, sell, give in use etc., the Site account to third parties;
i) update the information provided during the registration in case of its change in order to ensure its accuracy, relevancy and completeness;
j) Not to try to deactivate or intervene to any technical means of the Site protection or protection of the results of intellectual activity placed on it that prevents from or restrict using or copying any information or results of intellectual activity placed on the Service;
k) During the Site usage or reference, a User is forbidden to download, keep, publish, outspread and give access or use in other way the information that:
• contains threats, discredits, insults, dishonour, assaults dignity or business reputation or breaks personal privacy of other Users or other third persons;
• breaks the rights of underage persons;
• is vulgar or indecent, contains abusive words, obscene images and texts or scenes of sexual nature;
• contains scenes of violence or cruelty to animals;
• contains description of means and ways of suicide, any suicide inducement;
• propagates and/or promotes to incitement to racial, religious, ethnic hatred, propagates fascism or racial superiority ideology;
• contains extremist materials;
• propagates criminal activity or contains advice, instructions or guidebooks on criminal actions,
• contains information of restricted access, including but not limited to, state and commercial secrecy, medical secrecy, tax secrecy, occupational secrecy and commercial, personal data that belongs to the data subject different from a User and without their consent;
• contains commercials;
• bears fraudulent nature;
• constitutes intellectual property of the third parties that did not give consent to a User to use it and that breaks other rights and interests of natural persons and legal entities or requirements of the legislation;
l) to fulfil other obligations of a User provided by this Agreement.
7. User’s notifications
By accepting these Terms of Use when registering on the Site, you hereby consent to receive newsletters with up-to-date information regarding the services of the Delivery Service, goods of retail chains, promotions and bonus programs of retail chains and/or the Delivery Service and any other commercial messages to your e-mail, account in the messenger and / or in the form of sms/ push messages. Sending of commercial messages must be carried out by Zakaz.ua in compliance with the current legislation of Ukraine.
You have the right to refuse further receipt of the above commercial messages at any time by contacting the Zakaz.ua Contact center by phone or e-mail specified on the Site, as well as in another way available on the Site.
Zakaz.ua has the right to send service messages to a User relating the work of the Site/Service and provision of services ordered through the Site.
8. Personal data
When you use the Site, Zakaz.ua will collect and process some of your personal data. By using the Site and registering as a User, you understand and agree to your personal data to be processed by Zakaz.ua according to the legislation of Ukraine.
We collect and use personal information related to the Service provided in accordance with the Zakaz.ua Privacy Policy posted on the Site.
9. Intellectual property
The Site as well as all intellectual property objects placed on it, belong to the copyrighters and are protected by the legislation of Ukraine about the intellectual property of Ukraine as well as by relevant international conventions and agreements. Any use of the results of intellectual activity placed on the Site (visual design, text, graphics, illustrations, photos, videos, programs, music, logotypes of goods and services, etc.) without the written permission of the copyrighters is illegal and can be a cause of the legal proceedings and bringing a violator to civil and criminal liability in accordance with the current legislation of Ukraine.
Except for the cases set by this Agreement and the current legislation, none of the results of the intellectual activity placed on the Site, can be copied (reproduced), remade, outspread, framed, published, downloaded, transferred, sold or used in other ways partially or fully without the preliminary written permission of Zakaz.ua or legal copyrighter.
The access to the results of the intellectual activity placed on the Site is provided by Zakaz.ua solely for personal non-commercial use by a User, without the right to reproduce (including to copy/download/save) such objects as well as without the right for other use not provided by these Terms of Use, including their sale, modification, outspread fully or partially, etc.
Zakaz.ua reserves the right to remove from the Site any results of the intellectual activity placed on it without notification of a User.
10. Legal disclaimer. Responsibility restriction
Zakaz.ua does not carry responsibility for direct, indirect, unforeseen, actual or intermediated losses, in particular lost income, lost data or material losses related to the Service or caused by the Site use in other way. Zakaz.ua does not carry responsibility for any losses, liabilities or expenses that appeared in the result of: (і) the use of the Service by you, making actions aimed at receiving services or failure to get access to services or use them; (іі) any agreement or relations between you and the services supplier that conducts his activity on the Site. Zakaz.ua does not carry responsibility for delay in providing the Service or services or absence of access to them on the reasons that are behind the reasonable control from its part.
You can use the Site to order services of the suppliers that provide them through the Site, however, you agree that Zakaz.ua has no liabilities before you and does not carry responsibility for the quality of services provided by their suppliers through the Site.
11. Applicable law. Dispute settlement
These Conditions are regulated and interpreted according to the legislation of Ukraine. Any disputes, conflicts and differences that arise in the result or in relation to the use of the Services provided or with the application of these Services shall be settled by the Parties in an amicable way if possible. In case the Parties fail to come to an agreement on the matter of dispute in an amicable way, such disputes are subject to the court consideration in accordance with the current legislation of Ukraine.
12. General conditions
You cannot make an assignment of your rights, provided by these Conditions or transfer them fully or partially without the preliminary written permission of Zakaz.ua.
In case in accordance with the legislation a certain stipulation of these Terms is recognized illegal, invalid or fully or partially deprived of force, this stipulation or its part is considered the one that does not make part of these Terms in a corresponding volume, and legitimacy, validity, force and applicability of the other part of these Terms is considered not broken. In this case the parties shall substitute illegal, invalid or deprived of actionability stipulation (its part) with a legal, valid stipulation (its part), that has validity and is maximum similar action to the illegal, invalid stipulation (its part) or stipulation (its part) that lost force taking into consideration contents and aim of these Terms. These Terms are a full agreement of the parties in regards of its essence. They substitute all previous or existing agreements or liabilities on such issues.
12.1. Notifications
Zakaz.ua can send you service and commercial notifications to your e-mail, account in a messenger and/or in the form of sms by the phone number and e-mail, which you specified in your Account. You can send orders to Zakaz.ua via [email protected] or via post at the address of Zakaz.ua: 2 A Zaliznychne Shosse, 4th floor, Kyiv City.
13. Change of the Terms of Use
These Terms of Use and documents attached via a link to them, make an Agreement between you and Zakaz.ua in relation to the use of the Site Service by you.
Zakaz.ua can change these Terms of Use with the aim to adapt them to technological and commercial conditions of the Site functioning and compliance with the current legislation. Any changes to these Terms of Use shall be published on the Site together with the effective date without preliminary notification. Therefore, it is offered to use the Site in “as it is” mode, i.e. in the form and volume it is provided on the date of receiving the Site Service. Continuing to use the Site after the changed Terms of Use came into force means that you accept the changes made and undertake to fulfil them.