Offer agreement

PUBLIC OFFER AGREEMENT

In accordance with Article 642 of the Civil Code of Ukraine, this Public Agreement (the "Offer", the "Public Offer") determines the uniform terms and conditions of use of the Website and the Mobile Application binding for all Users. The terms of this Public Agreement are the same for all.

Please read the terms and conditions of this Public Offer carefully before taking any action to use the Website and/or the Mobile Application.

TERMS AND DEFINITIONS

OPERATOR - Limited Liability Company "Sushi Icons" (identification code of the legal entity: 45770381, location: 61010, Kharkiv, Vernadsky str., building 20), which is the owner of the Platform, ensures the proper functioning of the Website and the Mobile Application. 

PLATFORM shall mean a set of software technological solutions in the form of an interconnected set of computer programs and electronic data, websites, software, mobile applications, the proper functioning of which is provided by the Operator and the purpose of which is to ensure the technical ability of Users and Partners of the franchise network to make agreements on ordering ready-made meals and buying goods, processing Users' orders and posting information about the available range of items and goods. The Platform includes the Website and the Mobile Application.

WEBSITE shall mean a set of data, electronic (digital) information related to each other and structured within the address of the Website on the Internet at the link sushiicons.com.ua.

MOBILE APPLICATION - a copy of a computer application in the form of a mobile application for mobile devices iOS, Android called “Sushi Icons”.

PARTNER of the FRANCHISE NETWORK (hereinafter referred to as the "Partner") is a business entity which is registered in accordance with the applicable law of Ukraine, has entered into a Franchise Agreement with the Operator, has received the right to provide services to consumers using the commercial designations "SUSHI ICONS" in business activities and carries out the actual fulfillment of Users' orders, which are placed using the Platform and consist in the supply of ready-made meals and goods to the Users' order.

USER shall mean any legally capable individual who, at the time of making an order through the Website and/or the Mobile Application, is at least 18 (eighteen) years old, who has the opportunity to view the digital content of the Website and/or the Mobile Application and place an order by selecting from the range of items of ready-made meals and goods posted on the Platform. When using the Platform, the User, regardless of their legal status and civil capacity, is subject to the provisions of this Public Offer. The User accesses the Platform by downloading and using the Mobile Application or by using the software functions of the Website.

12. BONUSES — notional incentive units which are awarded to the User within the framework of loyalty programs and/or referral programs conducted by the Operator or Partners, and which can be used by the User only in the manner and under the conditions specified in this Public Offer and/or the Rules of the respective program.

13. REFERRAL PROGRAM — a marketing program of the Operator, according to which the User can receive Bonuses for inviting other persons to use the Platform on the terms specified by the Operator and published on the respective web pages.

SUBJECT OF THE OFFER

The subject of this Public Offer Agreement is the set of rights and obligations that arise between the Operator and Users to process Users' orders and between Partners and Users regarding the actual fulfillment of Users' orders. 

The conclusion of agreements between Users and Partners takes place with the technical mediation of the Operator, in the form of acceptance of a public offer under which the Partner is obliged to fulfill the User's order after its confirmation by the Partner and the User, and the User is obliged to accept the duly fulfilled order and pay the full cost of the fulfilled order.

Processing of the order made by the User involves providing the Partner with all the necessary information to ensure the actual fulfillment of the User's order. The partner who actually fulfills the User's order hinges on automatically, taking into account the parameters of the User's order and the fulfillment location of the User's order.

In case of confirmation of the order by the Partner and the User, the Partner is obliged to fulfill the User's order in its entirety and at a price that is communicated to the User at the time of ordering.

The Operator does not carry out activities for the supply of any ready-made meals or goods in favor of the User and is not a party to the legal relationship that arises directly between the Users and the Partners. 

In managing the Platform, the Operator acts as the Partner's agent when concluding contracts for the sale of goods, the supply of ready-made meals.

The User gives their full consent to comply with the terms of this Public Offer when using the Mobile Application and the Website, regardless of the fact of any actions taken to register the User's profile (account), since the order can be made without registering such a profile.

PROVISION OF SERVICES TO THE USER

Upon completion of the order by the User, the Partner who received the respective order to fulfil from the Operator undertakes to carry out the actual fulfillment of the User's order by ensuring the delivery of such order to the place specified by the User (courier delivery of the Partner or courier delivery of third-party service providers) or to issue such order at the Partner's restaurant (pickup).

The User is obliged to personally inspect the content of the order, its completeness and integrity of the packaging at the moment of handing it to the User at the place of delivery or at the Partner's restaurant. 

In case of transferring the order to the User at the place of delivery, the User must be available to receive calls at the phone number specified by the User and organize the courier's access to the place of delivery of the order.

The User's claims regarding the incompleteness of the fulfilled order, the inconsistency of the fulfilled order with the actual order which was received shall be considered by the Partner within 6 (six) hours from the moment of handing the order to the User. 

Claims of the User regarding the inappropriate quality of food products shall be considered by the Partner within 12 (twelve) hours from the moment of handing the order to the User. 

The Partner has the right to involve couriers to ensure the delivery of Users' orders on a separate contractual basis.

In case the order paid by the User is not accepted by the User at the time of handing the order or the User does not appear at the Partner's restaurant to pick up the order at the specified order pick-up time, the Partner acquires the right to cancel the User's order without making any refunds.

In case the order unpaid by the User is not accepted by the User at the time of handing the order or the User does not appear at the Partner's restaurant to pick up the order at the specified order pick-up time, the User undertakes to pay the full cost of such order using the details that will be provided to the User or by making payment using the payment link. In case the User does not make the appropriate payment, the Operator has the right to demand from the User to pay the full cost of such an order until the debt is repaid, as well as to make it impossible for the User to use the Platform until the debt is repaid.

Any delivery or drop-off time is tentative. The Operator does not guarantee delivery or handing the order to the User at the time expected by the User, taking into account the possible circumstances and factors that are not affected by the Partner. 

The User accesses the Website in order to get acquainted with the presented assortment and place an order without registration of the User. The use of the Mobile Application for placing an order is possible only if the User's profile is registered. The User shall not allow third parties to use their profile (account) or transfer access to their profile to third parties.

Regardless of the fact of registration, the User undertakes to comply with the terms of this Public Offer when accessing to the Platform

The user has the right to purchase a "Certificate" for a gift order. The certificate is a tangible medium confirming the right of the bearer of the certificate to receive in the future ready-made meals or goods from the range posted on the Platform, as well as certifying the obligation to fulfill such an order by any Partner. At the same time, the "Certificate" confirms the fact of making an advance payment for ready-made meals or goods that will be delivered to the bearer of such a certificate in the future for the amount of the nominal value of the certificate. Repayment of the "Certificate" is carried out by placing an order on the Platform within the nominal value of the certificate. The fulfillment of such an order can be carried out exclusively by the Partner, in whose favor the amount of the prepayment made by the User is credited. 

To use the Platform, the User must have access to the Internet. When accessing the Platform, the User may be charged for data transmission at the rates of the ISP or mobile network operator.

WARNING

The User is obliged to comply in good faith with the requirements of the applicable law of Ukraine, in particular, the requirements for the purchase of alcoholic beverages or other commodity items that require confirmation of the User's age.

The Partner has the right to refuse to provide services or supply goods for which there are statutory age restrictions, if the User does not confirm their age at the time of placing the order or at the time of receiving such an order.

Before placing an order, the User must familiarize themselves with a detailed description of the nomenclature of commodity items that are posted on the Platform, in particular - familiarize themselves with the list of ingredients that are included in the dishes to identify the ingredients that cause allergic reactions for the User, or the consumption of which is prohibited or undesirable for the user on the recommendation of doctors.

The Platform contains images of ready-made meals and their individual components. The images of food and goods are illustrative. The actual appearance and design of the dishes may differ from the depicted, which is not a violation of the Partner's obligations and cannot be considered as an improper fulfillment of the Partner's obligations.

The Platform and all intellectual property items posted on it belong to the Operator and are protected by intellectual property law, as well as relevant international conventions and agreements. Any use of the results of intellectual activity posted on the Platform without the Operator's written permission is illegal and may serve as a basis for litigation and bringing the offender to justice in accordance with the applicable law of Ukraine.

Payment Settlement

The User is obliged to make a full payment for the order in favor of the Partner who accepted such an order. 

Access to the Platform, as well as searching and viewing information about the available range is free of charge. The User shall be obliged to pay for the order only at the moment of placing such order.

The price of ready-made meals or their components (each individual product) is indicated on the Platform and is subject to change. In any case, only current prices for the entire range of products are indicated on the Platform.

The user has the right to choose the form of payment, in particular: payment using electronic payment systems, cash payment, non-cash payment.

When making a payment in a way other than cash, such payments are processed from the User's payment card with the possible involvement of third parties - payment services of financial institutions and banks.

The User's payment obligations arising from the legal relationship between the User and the Partner shall be deemed fulfilled at the time when the payment is made from the User's payment card. In case of cash payment, such obligations are considered fulfilled by the User from the moment of transferring the full value of the order to the courier or transferring such payment to the cashier in the Partner's restaurant.

In any case, all settlements between the User and the Partner shall be made in the national currency of Ukraine - hryvnia.

The Partner bears full legal responsibility for accepting payments from Users, as well as for compliance with the requirements of the applicable law of Ukraine regarding consumer protection, services advertisement, compliance with the requirements of fair competition, ensuring the functioning of the Ukrainian language as the state language, the use of payment transaction registrars, etc.

LOYALTY AND REFERRAL PROGRAMS  

 1. The Operator has the right to implement and conduct loyalty programs, including a referral program (hereinafter referred to as the "Programs"), for the Platform Users. Participation of the User in such programs is voluntary and is carried out by performing the actions provided for by the relevant rules of the program.

 2. Within the Programs, the User may be awarded "Bonuses" — notional incentive units which are provided to the User under the terms of the Programs and can be used only in accordance with this Offer and the Rules of the respective Program.

 3. The terms of participation in the Programs, the procedure for awarding Bonuses, the grounds for their awarding/redemption, the Bonus validity period, the limits on the use of Bonuses (including the maximum number of Bonuses that can be used for one order), as well as other rules and restrictions are determined in the Rules of the respective Program, published by the Operator on the Platform and/or on the respective web pages for the respective country.

4. Bonuses may be used by the User only as a discount (reduction of the amount payable) when placing an order on the Platform within the limits and under the conditions determined by the Rules of the respective Program and displayed on the Platform at the time of placing the order.

 5. The terms of awarding and use of Bonuses may vary depending on the country in which the User uses the Platform. Information on the ratio of Bonuses to discounts on orders is shown to the User directly on the Platform interface or on the corresponding landing page and is for informational purposes.

 6. Bonuses are not monetary funds, electronic money, or means of payment, are not subject to exchange for monetary funds, return, assignment (transfer) to third parties and may not be used otherwise than expressly provided for in this Offer and the Rules of the respective Program.

 7. The Operator has the right to change the terms of the Programs and/or terminate them at any time, as well as set/change the limits and restrictions on the awarding and use of Bonuses, by updating the Rules of the respective Program and/or displaying the current terms on the Platform.

 8. In case of detection of abuse, suspicious activity, violation of the terms of this Offer or the Program Rules, the Operator has the right to limit the User's participation in the Programs, cancel the awarded Bonuses and/or refuse to apply them.

 9. The rules of the referral program are an integral part of this Public Offer.

 LICENSING, INTELLECTUAL PROPERTY RIGHTS

When placing an order on the Platform, the Operator shall grant the User a non-exclusive, non-transferable, non-sublicensable license to use the Platform for the purpose of ordering goods and ready-made meals.

All intellectual property rights on the Website, Mobile Application, other software, documentation, or information used or developed by or on behalf of the Operator during the provision of services under this Public Offer belong exclusively to the Operator.

The User is forbidden to copy, modify, adapt, reverse engineer, decompile or otherwise expose the source code of the Platform or any other software used by the Operator, it is forbidden to remove or use any data on the Platform for commercial purposes or for any other purposes, except for ordering goods and ready-made meals. 

The User is obliged to use the Platform exclusively for their personal non-commercial purposes.

PERSONAL DATA PROCESSING

The principles and provisions for the processing of Users' personal data are set out in the Privacy Policy posted on the Platform.

In order to directly fulfill the order, the User provides the Operator and, accordingly, the Partners, with a certain amount of personal data, the collection and processing of which allows to fulfill the User's order. In particular, such personal data include the following information: name, surname, phone number, email address, place of delivery (address), date of birth, gender, age of the User.

The User is obliged to provide only reliable information about themselves. If the User provides false information when using the Platform, the Operator has the right to deny the User the opportunity to use the Platform without prior notice or obtaining any consent of the User.

The Operator has the right to automatically process the User's data when using the Platform, such as IP address, date and time of using the Platform, information about hardware and software, as well as the Internet browser used by the User. If the User uses the Mobile Application, the Operator has the right to receive data identifying the User's mobile device, its settings and characteristics, location data, application failures, other system operations, and advertising identifiers. 

The Operator may use cookies, web beacons, tags, scripts, local shared objects, advertising identifiers, and similar technologies related to the use of the Platform.

As part of advertising campaigns and promotional activities, the Operator has the right to use the personal data of Users to send advertising messages and information about the current special offers and their conditions.

Consent to the processing of the User's personal data is indefinite. The User has the right to withdraw such consent at any time, however, such actions may limit the User in placing orders using the Platform.

The Operator has the right to use the phone number provided by the User to make phone calls.

LIABILITY AND LIMITATIONS

The Platform is provided to the User solely on an “as is” and “as available” basis, the Operator is not responsible for any interruptions, connection errors, absence or malfunctions of the Platform. The Operator is not responsible to the User for ensuring that the Platform meets the expectations of the User, as well as for making changes, temporarily or completely stopping the operation of the Platform.

The Operator has the right, at its sole discretion, to introduce new and / or terminate existing functions of the Platform.

The Operator shall not be liable for any harm to life and health, any direct and/or indirect losses, material and/or non-pecuniary damage, liabilities or losses incurred as a result of the use or non-use of access to the Platform by the User; failure to provide or improper provision of any services to the Users by the Partners; any actions or inactions of the Partners.

The Partner shall be fully responsible for any defects in the quality and/or quantity of the goods or ready-made meals ordered by the User.

The financial liability of the Partner is limited to the total value of the order made by the User.

FINAL PROVISIONS

This Public Offer, as amended, is made publicly available on the Website and Mobile Application.

This Public Offer shall be governed by and construed in accordance with the laws of Ukraine. Issues not covered by this Public Offer shall be resolved in accordance with the applicable law of Ukraine.

The Operator may supplement or in any other way modify this Public Offer without prior notice to the User. The User hereby gives their consent to make changes to the Public Offer without receiving any special confirmation from the User.

The Operator may send service and commercial messages to the Users by e-mail, account in any messenger or via SMS.

All rights and obligations of the provider of access to the Platform may at any time be transferred to a third party, for which a corresponding notice is posted for the User.

The User confirms that they are fully acquainted with and agree with the terms of the Public Offer. If the User disagrees with any of the provisions of this Offer, the User may not access the Platform.

CONTACT INFORMATION

Limited Liability Company "SUSHI ICONS"

Identification code of the legal entity:

Hotline 0800337928

For customer service inquiries: [email protected]