Gourmet • Terms of Use

Public Offer

This document is an official proposal (hereinafter referred to as the “Offer”) of Limited Liability Partnership “FoodTechGourmet” (hereinafter referred to as the “Executor”) addressed to any natural or legal persons (hereinafter referred to as the “Customer”), containing the terms and conditions for providing access to the Service for placing orders for food delivery and related services.

Terms and Definitions
For the purposes of this Offer, the following terms shall have the meanings set forth below:
1. Customer — a natural or legal person who accepts the terms of this Offer, places an Order through the Software (Service), and pays for the Services.
2. Executor — Limited Liability Partnership “FoodTechGourmet,” providing the Service for placing and fulfilling Orders.
3. Service — a software system owned by the Executor through which the Customer places Orders and accesses the Services.
4. Restaurant (Partner) — a legal entity or individual entrepreneur engaged in preparing and selling food, beverages, and other edible goods available for order through the Service.
5. Courier — an individual or organization engaged by the Restaurant to deliver the Order to the Customer.
6. Bank — an organization processing payments to the Restaurant on behalf of the Customer.
7. Personal Data — any information that directly or indirectly relates to the Customer or a third party specified in the Order.
8. Order — a request submitted by the Customer through the Service, including a list of selected goods/services, delivery and payment details, and recipient information.
9. Services — a set of actions performed by the Executor to receive, process, fulfill, and deliver the Order.
Acceptance of the Agreement and Consent of the Customer
1. The Customer’s actions within the Service aimed at searching for, placing, and/or paying for an Order, as well as entering Customer data into the Service, constitute acceptance of the Agreement and the Customer’s consent to the terms of this Offer.
2. By accepting this Offer, the Customer:
  1. Confirms that they have read the text of the Offer in full and fully agree to its terms;
  2. Confirms acceptance of the Restaurant’s terms, including those related to returns, exchanges, and/or cancellations of Orders;
  3. Confirms that the Services are purchased solely for personal use, not related to business activities;
  4. Fully understands and agrees that the obligations for preparing and delivering dishes are performed by the Restaurant without the participation of the Executor. The rights and obligations under the actual performance of the Order arise between the Customer and the Restaurant. Questions regarding quality, preparation times, delivery, returns, or replacements are resolved directly by the Customer with the Restaurant;
  5. Grants the Executor consent to receive notifications and messages through the Service, as well as to use contact information to send updates on Order status, delivery time, and other notifications related to Order fulfillment.
3. All disputes and disagreements related to the quality, assortment, preparation conditions, and delivery of the Order shall be resolved between the Restaurant and the Customer without the participation of the Executor. The Executor is not responsible for any failure of the Restaurant to fulfill the terms of the Order.
Subject of the Offer
1. The Executor provides the Customer with access to the Service for placing and paying for Orders, facilitates interaction between the Customer and the Restaurant, and organizes the provision of Services as defined in this Offer.
2. The Order is placed by the Customer using the Service.
3. The terms of the Order, assortment, price, delivery address, and fulfillment time are determined by the Restaurant at the time of placement.
4. Payment is made by the Customer through the Service using the Bank’s services.
5. Delivery of the Order is carried out by the Restaurant and may be chargeable according to the Restaurant’s terms.
6. Fiscal receipts for Orders are generated and provided to the Customer directly by the Restaurant (Partner). The Executor is not responsible for issuing fiscal receipts.
7. Products classified as “18+” (including alcoholic beverages, tobacco products, and other items restricted by the legislation of the Republic of Kazakhstan) cannot be added to pre-orders or pickup orders through the Service.
Rights and Obligations of the Parties
1. The Customer has the right to:
  1. receive accurate information about the Service, assortment, composition, and prices of dishes, as well as delivery and payment conditions;
  2. place Orders through the Service at any time when available;
  3. receive notifications about Order status and possible changes;
  4. cancel the Order in accordance with the Restaurant’s terms and deadlines;
  5. contact the Executor regarding issues related to the Service’s operation.
2. The Customer shall:
  1. provide accurate data when placing an Order (delivery address, contact details, payment methods);
  2. make timely payment for the Order and delivery (if delivery is paid);
  3. ensure the ability to receive the Order at the specified address at the agreed time;
  4. not use the Service for actions contrary to the law or this Offer;
  5. independently address complaints regarding quality, quantity, preparation, and delivery time of dishes to the Restaurant.
3. The Executor has the right to:
  1. provide access to the Service under the terms of this Offer;
  2. modify the functionality and interface of the Service without prior notice to the Customer;
  3. temporarily suspend the Service to perform technical maintenance;
  4. establish and amend the rules for using the Service.
4. The Executor shall:
  1. ensure the proper operation of the Service and the technical ability to place Orders;
  2. transmit the Order details provided by the Customer to the Restaurant;
  3. inform the Customer of Order status via the Service (notifications, messages);
  4. protect the Customer’s personal data within its competence;
5. All conditions for loyalty programs, coupons, and cashback, including issuance rules, validity periods, and cancellation, are determined solely by the Restaurant. The Executor does not participate in forming or administering such conditions.
Personal Data
1. By entering data when placing an Order, the Customer grants the Executor consent to collect, process, and transfer the Customer’s personal data and (if necessary) personal data of third parties specified in the Order to Restaurants, Couriers, the Bank, and other third parties by any means, including via communication operators.
2. If the Order is placed for a third party (e.g., the food recipient), the Customer confirms that they have the authority and consent of that person to provide and process their personal data. The Customer is responsible for obtaining such consent.
3. The Customer grants the Executor the right to perform any actions with personal data, including collection, recording, organization, storage, clarification, use, transfer, anonymization, blocking, and deletion, solely for the purpose of fulfilling this Offer.
Liability of the Parties
1. The Customer is responsible for the accuracy of the provided data, including personal data of third parties.
2. The Executor is not responsible for the quality, assortment, or preparation times of dishes provided by the Restaurants. Responsibility for these characteristics lies with the respective Restaurant.
3. The Executor is not liable for delays or failure of delivery due to actions/inactions of the Courier, the Customer (e.g., incorrect address), or third parties (e.g., communication failures, technical issues at the Bank).
4. The Executor is not responsible for the Bank’s refusal to process payment or for technical failures of payment systems.
5. The Customer is responsible for maintaining the confidentiality of their Service account credentials and must not share them with third parties. All actions performed in the Service using the Customer’s credentials are deemed actions of the Customer.
6. In case of the Customer’s breach of this Offer, the Executor may suspend or restrict access to the Service.
7. The Executor and other involved parties (Restaurants, Couriers, Banks) are exempt from liability in the event of force majeure (natural disasters, accidents, military actions, communication network failures, etc.).
8. Order cancellations, refunds, and chargeback-related issues are managed and executed by the Restaurant. The Executor bears no responsibility for the fulfillment of such obligations.
9. The Parties shall bear other liabilities as provided by the legislation of the Republic of Kazakhstan.
Final Provisions
1. This Offer is valid indefinitely until withdrawn or amended by the Executor.
2. The territorial scope of this Offer is limited to the Republic of Kazakhstan.
3. All disputes shall be resolved through negotiations, and if no agreement is reached, in court under the laws of the Republic of Kazakhstan.
Executor’s Details
LLP “FoodTechGourmet”
Legal address / correspondence address: 17/1 Al-Farabi Ave., Nurly Tau Business Center, Block 5B, G floor office, Almaty, 050059
BIN 250540027783
IBAN KZ20601A861059553951
JSC “Halyk Bank of Kazakhstan”
BIC HSBKKZKX

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