Public Offer
USER AGREEMENT
ON THE USE OF THE MOBILE APPLICATION «Safia cafe&bakery»
«MADINA-QANDOLAT» Limited Liability Company, TIN: 306080395, address: Tashkent, Yunusabad district, C4, bldg. 5A (hereinafter referred to as the Company), represented by General Director Islom Yarbekov, acting on the basis of the Charter, offers any legally capable individual who meets the requirements set out in this Agreement and intends to use the «Safia cafe&bakery» mobile application (hereinafter referred to as the User) to conclude this agreement on the use of the «Safia cafe&bakery» mobile application (hereinafter referred to as the «Agreement») by the User's acceptance of this public offer.
The Agreement on the use of the «Safia cafe&bakery» mobile application (hereinafter referred to as the Application) is deemed concluded between the Company and the User from the moment the User installs the Application on their Device and completes Registration in the «Safia cafe&bakery» mobile application in the manner specified in this Agreement.
Before using the Application, the User must carefully read this Agreement and unconditionally accept all of its terms.
The User's actions to register or authorize in the Application constitute consent to the conclusion of this Agreement (acceptance of the offer) and acceptance of all of its terms.
If the User does not accept the terms of the Agreement in full, the User has no right to use the Application for any purpose.
1. TERMS AND DEFINITIONS
This Agreement uses the following terms with the meanings defined below. If this Agreement uses terms and concepts not defined in this section, they have the meanings usually attributed to them in the relevant field.
1.1. User Authorization — performing a set of actions defined by this Agreement in the Application in order to identify a registered User for the subsequent use of the Application's functionality.
1.2. Confirmation code — a unique sequence of characters automatically generated by the Company and sent to the User by SMS message to the mobile phone number specified during Registration, for access to the Application from the User's Device.
1.3. User's Personal Account — the User's personal page in the Application, accessible to the User using their Account, which contains the User's personal data as well as other information necessary for using the Application's functionality.
1.4. Login — the subscriber number identifying the User's Device in the mobile communication network (mobile phone number) specified by the User during Registration in the Application.
1.5. Application — software for mobile electronic devices, the current version of which is placed by the copyright holder in the AppStore and Google Play Internet services, available in the public information and telecommunications network Internet at the network addresses: apps.apple.com and play.google.com respectively.
1.6. User — an individual who meets the requirements of this Agreement, has completed the Registration/Authorization procedures and has unconditionally accepted the terms of this Agreement in accordance with its requirements.
1.7. Privacy Policy — a document governing the purposes, methods and procedure for obtaining, processing and storing information about the User in order to provide access to the Application and conclude this Agreement. The Privacy Policy is posted in the Application and on the website https://safiabakery.uz/ru.
1.8. User Registration — the performance by the User and the Company of a set of actions defined in this Agreement aimed at creating a User Account in the Application in order to identify the User among other Users of the Application and to grant the User access to the Application's functionality.
1.9. Support Service — a service providing consulting support to Users seven days a week from 08:00 to 23:00, as well as assistance to Users and informing them during the use of the Application. Support and consultation are provided when the User contacts the Support Service by phone 78 113 40 40, by email call-center@safiabakery.uz or via chat with an operator in the Application.
1.10. Device — a mobile technical device (smartphone, tablet or other device) with access to the Internet, on which the Application is installed.
1.11. Account — a set of digital data generated by the Company from the data provided by the User in accordance with Section 3 of this Agreement (including the Login) and the Confirmation code sent by the Company to the User, necessary for the User's access and for performing the actions provided for by the Application.
1.12. License — a simple (non-exclusive) non-transferable revocable royalty-free license to use the Application.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1. The Company grants the User the right to use the Company's Application under the terms of the License within the limits and in the ways defined by this Agreement. The License is valid from the date the User begins using the Application until the account in the Application is deleted, by sending a request to the email call-center@safiabakery.uz or by pressing the corresponding button in the User's Personal Account.
2.2. The Application may be used throughout the territory of the Republic of Uzbekistan and the Republic of Kazakhstan.
2.3. The Company grants the User the right to use the Application solely for its direct functional purpose of obtaining the Company's services.
2.4. The Application is provided to the User for the purpose of obtaining the Company's services. Other ways of using the Application, except those directly provided for in this Agreement, are prohibited. In particular, the User has no right to:
— grant sublicenses, sell, assign, lease and rent out, distribute, transfer or otherwise provide the right to use the Application to third parties;
— modify, decompile, disassemble, decrypt (decode), translate into other languages, violate the integrity of, restore the source code of the Application or any of its parts, as well as perform other actions with the object code and source text of the Application, in particular, to obtain information about the implementation of the algorithms used in the Application;
— create derivative works using the Application, as well as carry out (permit to carry out) other use of the Application, any of its components, cartographic materials, other images and other data stored by the Application on the User's Device;
— reproduce and distribute the Application for commercial purposes (including for a fee), including as part of commercial products;
— use the Application to violate the rights of third parties, as well as for purposes contrary to applicable law;
— communicate with Support Service operators, managers and other representatives of the Company in accordance with the principles of generally accepted morality and communication etiquette. Not to use obscene words, swearing, offensive expressions, and not to make threats and blackmail, regardless of the form and to which of the Company's employees or its counterparties they were addressed.
2.5. The Application is permitted to be used in the following ways:
— The User has the right to copy and install the Application into the memory of an unlimited number of their Devices;
— The User has the right to run the Application on their Devices;
— The User has the right to use the Application for its direct functional purpose for the purposes specified in clause 2.6 of the Agreement.
All actions for using the Application listed in this clause must be performed by the User personally. Transfer of the right to use the Application to third parties is not allowed.
2.6. The Application may be used by the User to perform operations and obtain the Company's services.
2.7. The Application may be used only if the User is Registered and Authorized in the Application in accordance with the sequence of actions established by this Agreement. Before starting to use the Application, the User undertakes to familiarize themselves with the text of this Agreement. If the User does not agree with any individual provision or with the Agreement as a whole, they must stop any use of the Application. The User, by expressing consent to the terms of this Agreement in accordance with clause 3.3 of the Agreement and together with the fact of continued use of the Application, thereby unconditionally and fully agrees to all the terms of this Agreement.
2.8. The use of some functions of the Application is possible only if the User's Device has access to the Internet. The User independently obtains and pays for such access on the terms and at the rates of their communication operator or Internet access provider.
2.9. The Company and the User hereby agree and confirm that within the framework of the Application they mutually recognize electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature and entailing legal obligation for the Parties.
2.10. The signing of an electronic document with an electronic signature within the framework and in the cases provided for by certain functions of the Application is carried out by the Parties through the performance of the following set of actions:
2.10.1. On the part of the Company, agreements and other significant documents are either published in the Application in the form of a public offer or other unilateral expression of the Company's will, or signed with a simple electronic signature, whereby the Parties understand messages signed with the Company's simple electronic signature to mean push notifications or SMS messages generated and sent to the User by the Application, thereby allowing the Company to be identified.
2.10.2. On the part of the User, the formation and sending to the Company of all electronic documents is carried out through the functionality of the Application under the User's Account, the data of which is specified by them during Authorization, by the User pressing active keys.
2.11. The Company does not provide any guarantees regarding the error-free and uninterrupted operation of the Application or its individual components and/or functions, the compliance of the Application with the specific goals and expectations of the User, and does not provide any other guarantees not expressly specified in this Agreement.
3. FUNCTIONAL CAPABILITIES OF THE APPLICATION
3.1. The Application is software (a computer program) available to the User in application stores (Google Play, AppStore) on the main mobile operating systems (Android, Apple iOS), which allows to:
— participate in promotions and promos;
— participate in the loyalty program (accumulation of bonuses and the ability to pay for purchases with them);
— place online orders for goods for delivery or pickup;
— view the current assortment of goods;
— use promo codes when making purchases;
— view order history;
— receive cash receipts for purchases made by email;
— participate in charity.
4. USER REGISTRATION
4.1. To Register, the User independently installs the Application on their Device using the AppStore or Google Play Internet services, available in the public information and telecommunications network Internet at the network addresses: apps.apple.com and play.google.com respectively.
4.2. After launching the Application on their Device, to Register the User enters their mobile phone number (Login) in the Application.
4.3. The User is provided with the following for review in the Application (by being displayed in the Application on the Device screen):
— this Agreement;
— the Loyalty Program Rules.
The User cannot begin Registration without agreeing to the terms of the specified documents. A User who has not familiarized themselves with the terms of the specified documents in a timely manner assumes all risks associated with adverse consequences for the User.
By pressing the active «Log in» key in the Application, the User expresses their unconditional consent to this Agreement, the Privacy Policy, and also gives their consent to the processing of the User's personal data on the terms of the Privacy Policy using automation tools and/or without using such tools by the Company.
4.4. After the User presses the active «Log in» key in the Application, the Company's system automatically generates (creates) and sends by SMS message a one-time Confirmation code (password) to the mobile phone number specified by the User, after entering which in the Application the User is given the opportunity to perform further Registration actions.
Subsequently, when Authorizing in the Application, the Login for accessing the User's Personal Account is the mobile phone number specified by the User during Registration. The Confirmation code (one-time password) for logging into the Personal Account is automatically generated (created) in the Company's system and sent to the User by SMS message each time it is necessary to log into the Personal Account.
4.5. To Register in the Application, the User must enter the following data:
— phone number;
— name;
— date of birth;
— gender;
— email.
4.6. By accepting the terms of this Agreement and performing Registration actions, the User confirms that they:
• are proficient in the Uzbek and Russian languages at a level sufficient to read and understand the meaning and significance of this Agreement;
• agree to the storage, collection, clarification (updating, changing), deletion, processing (including automated processing) and use of data on the geographic location (geographic coordinates) of the User's device (based on the cellular operator's network data and GPS signals) and the location where the User performs operations, in order to inform the User of their location when using the Application, as well as of additional services available to the User and conditioned by their geographic location;
• agree to receive from the Company any notifications, messages, information and mailings in any format, provided that their content complies with the requirements of the current legislation of the Republic of Uzbekistan.
4.7. The User warrants that the data provided by them during Registration in the Application is complete, valid and reliable. The Company does not verify the reliability of the information provided by Users and does not monitor their legal capacity.
4.8. After the User performs all the specified registration actions, the Company, based on the information provided by the User, makes a decision on the possibility of registering the User. The Company has the right, at its discretion, to refuse Registration without giving reasons.
4.9. Upon completion of Registration, all calls to the Support Service are made by the User from the mobile phone number specified during Registration.
The User may change the mobile phone number specified during Registration by contacting the Support Service by email from their email address specified during Registration.
5. USER AUTHORIZATION
5.1. In order to identify the User when logging into the Application, User Authorization is carried out.
5.2. User Authorization is carried out in the following order:
1) When launching the Application on the Device, the User must enter the Login (the phone number used for registration) in a special input field.
2) The Company sends an SMS message with a Confirmation code (a unique one-time password) to this number.
3) Having received the Confirmation code, the User enters it in a special field, thereby confirming that the launch and use of the Application is carried out by the User whose Account is associated with the specified Login.
5.3. If an invalid «Login + Confirmation code» pair is entered, access to the Application will be denied. If a valid «Login + Confirmation code» pair is entered, the User gains access to the Personal Account and the Application's functionality.
6. ADDITIONAL CONDITIONS
6.1. After completing the User Registration and User Authorization procedures, all functional capabilities of the Application specified in Section 3 of this Agreement become available to the User.
7. OBLIGATIONS AND LIABILITY OF THE USER
7.1. The User undertakes to comply with the provisions of this Agreement and the current legislation of the Republic of Uzbekistan, as well as the lawful requirements of the Company.
7.2. For failure to perform or improper performance of their obligations under this Agreement, the User bears responsibility in accordance with this Agreement and the current legislation of the Republic of Uzbekistan.
7.3. The User is responsible for all actions performed by them in the Application.
7.4. The User undertakes to independently monitor updates to the Application and to promptly install the new version of the Application on their Device.
7.5. The User must not allow any third party to use the Login and Confirmation code. The Company is not liable for possible damage, loss or corruption of data that may occur due to the User's violation of this provision. The User undertakes to take appropriate measures to keep the data used for Authorization in the Application secret, and to immediately inform the Company of the fact of use of such data by third parties. The User bears all risks of adverse consequences associated with the absence of such notification.
7.6. The User undertakes, in the event of a change of mobile phone number and other data specified during Registration, to inform the Company thereof. The User bears all risks of adverse consequences associated with the absence of such notification.
7.7. The User undertakes not to use any technologies and not to take any actions that may harm the Application, the interests and property of the Company.
7.8. The User undertakes to report to the Company's Support Service any errors or malfunctions that arise during the use of the Application.
7.9. This Agreement does not grant the User any rights to use intellectual property objects, including trademarks and service marks of the Company or its partners, except for the rights expressly granted by this Agreement.
7.10. The User has no right to modify, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use, in part or in full, the content of the Application without the written permission of the Company, as well as to copy, distribute, publish or otherwise use for commercial purposes materials downloaded from the Application.
8. GUARANTEES AND LIABILITY OF THE COMPANY
8.1. For failure to perform or improper performance of its obligations under this Agreement, the Company bears responsibility in accordance with this Agreement and the current legislation of the Republic of Uzbekistan.
8.2. The Company is not liable for the temporary inoperability of payment systems ensuring the acceptance and transfer of Users' payments, caused by reasons beyond the Company's control, as well as by force majeure circumstances.
8.3. The Company is not liable for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. If any person gains access to the Application under the User's Account and the ability to use it on behalf of the User, the User must immediately inform the Company thereof in writing (by email) or by contacting the Support Service. Otherwise, all actions performed on behalf of the User using the Application will be regarded as actions performed directly by the User.
8.4. The actions of any third parties, as well as the actions of payment systems and communication operators, are not actions of the Company, and the Company is not liable for them.
8.5. The Company is not liable for a breach of the terms of this Agreement if such breach is caused by force majeure circumstances, including among others: actions and decisions of state authorities and/or local self-government bodies, fire, flood, earthquake, other natural events, lack of electricity and/or failures of the computer network, strikes, civil unrest, riots, any other circumstances that may affect the Company's performance of the terms of this Agreement.
8.6. The Company is not liable for failure to perform or improper performance of its obligations if this is caused by the actions/omissions of the User that are beyond the Company's control, including as a result of the User's erroneous actions/omissions.
9. PRIVACY POLICY
9.1. Users' personal information received and processed by «Safia cafe&bakery»; within the framework of this Policy, «User's personal information» means:
9.1.1. personal information that the User independently provides about themselves when registering (creating an account) or during the use of the Services, including the User's personal data. Information mandatory for the provision of Services (rendering of services) is marked in a special way. Other information is provided by the User at their discretion.
9.1.2. data automatically transferred to the Services during their use by means of software installed on the User's device, including IP address, cookie information, User's browser information (or other software used to access the Services), access time, requested page address.
9.2. This Policy applies only to the «Safia cafe&bakery» Services. «Safia cafe&bakery» does not control and is not responsible for third-party websites to which the User can navigate via links available on «Safia cafe&bakery» websites. On such websites, other personal information may be collected or requested from the User, and other actions may be performed.
9.3. «Safia cafe&bakery» generally does not verify the reliability of the personal information provided by Users and does not monitor their legal capacity. However, «Safia cafe&bakery» proceeds from the assumption that the User provides reliable and sufficient personal information on the questions offered in the registration form and keeps this information up to date. The consequences of providing false information are defined in the Public Offer (hereinafter referred to as the offer) located on the website https://safiabakery.uz/ru.
9.4. Purposes of collecting and processing Users' personal information
9.4.1. «Safia cafe&bakery» collects and stores only the personal data necessary for the provision of Services and the rendering of services (performance of the offer and/or other agreements with the User).
9.4.2. «Safia cafe&bakery» may use the User's personal information for the following purposes:
— identification of a party within the framework of the offer and agreements with «Safia cafe&bakery»;
— providing the User with personalized Services;
— communication with the User, including sending notifications, requests and information regarding the use of the Services, the rendering of services, as well as processing requests and applications from the User;
— improving the quality of the Services, their ease of use, developing new Services;
— advertising its products and services;
— conducting statistical and other research based on the provided data.
9.5. Conditions for processing the User's personal information and its transfer to third parties:
9.5.1. «Safia cafe&bakery» stores Users' personal information, ensuring its confidentiality and protection from unlawful or accidental access by third parties.
9.5.2. «Safia cafe&bakery» has the right to transfer the User's personal information to third parties in the following cases:
— the transfer is necessary within the framework of the User's use of a certain Service, or to render a service to the User;
— such transfer occurs within the framework of the sale or other transfer of the business (in whole or in part), whereby all obligations to comply with the terms of this Policy in relation to the personal information received are transferred to the acquirer;
— in order to ensure the possibility of protecting the rights and legitimate interests of «Safia cafe&bakery» or third parties in cases where the User violates the offer of «Safia cafe&bakery».
9.5.3. When processing Users' personal data, «Safia cafe&bakery» is guided by the Law of the Republic of Uzbekistan «On Personal Data» dated 02.07.2019 No. ZRU-547.
9.6. Measures applied to protect Users' personal information
«Safia cafe&bakery» takes the necessary and sufficient organizational and technical measures to protect the User's personal information from unlawful or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions by third parties.
9.7. Changing the Privacy Policy
«Safia cafe&bakery» has the right to make changes to this Policy. When making changes, the date of the last update is indicated in the current version. The User undertakes to independently monitor the presence of changes to this Policy. The new version of the Policy enters into force from the moment of its posting, unless otherwise provided by the new version of the Policy. The current version is always available on the website https://safiabakery.uz/ru
Notifications, in the event of changes to this Policy, are posted on the website https://safiabakery.uz/ru in the form of an information message.
10. TERM OF THE AGREEMENT. PROCEDURE FOR AMENDMENT AND WITHDRAWAL FROM THE AGREEMENT
10.1. The User accepts this Agreement by performing the Registration actions specified in Section 4 of this Agreement. The date on which the User performs the specified actions is the effective date of this Agreement.
10.2. This Agreement applies to all subsequent updates/new versions of the Application. By agreeing to install an update/new version of the Application, the User accepts the terms of this Agreement for the corresponding updates/new versions of the Application, unless the update/installation of the new version of the Application is accompanied by a different agreement.
10.3. The Company has the right at any time to unilaterally make changes to the terms of this Agreement. Notification of the User about the changes made to the terms of the Agreement is posted in the Application in the «Help» section. The specified changes take effect and become binding from the date of posting (publication) by the Company in the Application, unless otherwise stipulated in the relevant publication. The User undertakes to independently periodically monitor the Application for changes to the terms of this Agreement. The risk of non-compliance with this requirement rests entirely with the User.
10.4. The Company has the right, unilaterally and out of court, at any time to refuse to perform the Agreement and to revoke the License from any User. In this case, the Agreement is deemed terminated at the moment of sending the User a notification via the Application (sending a push notification) or sending an SMS message.
10.5. This Agreement, terminated on any grounds, continues to be in effect in the part of the Parties' unfulfilled obligations until the specified obligations are fulfilled in full.
10.6. Any violation of the terms of this Agreement by the User leads to the termination of the License. In the event of use of the Application after the termination of the License, the User bears responsibility in accordance with the legislation of the Republic of Uzbekistan.
10.7. In the event of termination of the Agreement, the User must immediately stop any use of the Application and delete it from the memory of all Devices.
11. BLOCKING OF USERS
11.1. The Company has the right to block the User's Account (suspend access to the Application) in the presence of the following circumstances:
— in the event of the User's violation of the terms of this Agreement;
— in the event of the detection of fraudulent actions;
— in the event of granting access to the user account to third parties.
11.2. Blocking the User's Account means restricting the Application functionality available to the User under their Account.
11.3. The unblocking of the User's Account may be associated with the expiration of a certain period of time, the User's fulfillment of their obligations, the elimination of the circumstances that were the grounds for blocking, as well as other requirements of the Company.
11.4. The User agrees that blocking the Account is not a basis for the User to make any claims whatsoever, including claims related to the impossibility of placing an order.
12. DISPUTE RESOLUTION AND JURISDICTION
12.1. All disputes and disagreements under this Agreement are resolved through negotiations in compliance with the mandatory claim procedure.
12.2. If the Company and the User do not reach a resolution through negotiations within 30 (thirty) days, disputes and disagreements are referred for resolution to a court, in the manner provided for by the current legislation of the Republic of Uzbekistan at the location of the Company; the language of the proceedings is Uzbek/Russian.
12.3. On all matters related to the use of the Application, and with all claims, the User may contact the Support Service. When making a claim to the Company, the User must provide documents confirming the validity of the claim, as well as indicate their data provided during Registration.
13. OTHER CONDITIONS
13.1. In the part not regulated by this Agreement, the relations between the Company and the User are governed by the current legislation of the Republic of Uzbekistan, regardless of the location of the Company, the User or the User's Device.
13.2. A User who has not accepted the terms of this Agreement, or has accepted them by mistake, must inform the Company thereof and has no right to use the Application.
14. COMPANY DETAILS
«MADINA-QANDOLAT» LLC
TIN: 306080395
OKED: 10710
Legal address: Tashkent, Yunusabad district, C4, bldg. 5A
Correspondence address: Tashkent, Yunusabad district, C4, bldg. 5A