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Terms of Service for Users

By using the MyKuvar service, you agree to these Terms of Service ("Terms of Service").

Please read the following Terms of Service carefully before using the MyKuvar service. If you do not agree with the Terms of Service, please do not use the MyKuvar service. These Terms of Service apply to any use of MyKuvar services and to sales contracts concluded in accordance with them. A detailed description of MyKuvar services and system requirements are available on mykuvar.com.

1. Definitions

Partner means a restaurant or other partner that has entered into a partnership agreement with MyKuvar and offers its products and delivery services, if applicable, through the MyKuvar service.

Sales Contract means the contract for the sale of the Partner's products and provided delivery services specified in the Order. Regarding Orders placed through MyKuvar, the Sales Contract is a binding contract between the Partner and the Buyer.

MyKuvar means Sergei Fedotov PR Veb portali Novi Sad, registered at: ul. Mite Ružića br. 2, sprat II, stan 3, Novi Sad, PIB: 114026461, Registration number: 67268733.

MyKuvar App means the digital application named MyKuvar provided by MyKuvar for individuals and legal entities for ordering products from MyKuvar Partners.

MyKuvar Service means both the MyKuvar App and the mykuvar.com website, as well as other additional platforms listed on mykuvar.com.

User or You means an individual who uses MyKuvar services.

Retail Products mean groceries, consumables, household items, and other consumer goods made available by the Partner through the MyKuvar service.

2. Identification of MyKuvar

Sergei Fedotov PR Veb portali Novi Sad, ul. Mite Ružića br. 2, sprat II, stan 3, Novi Sad, PIB: 114026461, Registration number: 67268733.

Email: support@mykuvar.com

Phone: +381 629 432991

3. Description of MyKuvar Services

3.1. MyKuvar provides a platform where the User can purchase food products, Retail Products, and delivery services from MyKuvar Partners. When you purchase products and/or delivery services, MyKuvar facilitates the realization of the purchase of MyKuvar services.

3.2. Partners provide information about their products and services through the MyKuvar service, including information about menus and product prices. Information about the applicable delivery fee in each specific case is provided in the MyKuvar service. If you have allergies or other dietary restrictions, please contact the appropriate Partner. The Partner will provide specific information regarding food upon request. The sale and purchase of the Partner's products and services may be subject to additional terms of the Partner, which are specified in the MyKuvar service. The price of Retail Products is determined based on the price on the day the Order is sent. Note that there may be minor price changes between the listed price and the final price of the Order in the case of pre-packaged goods, due to variations in package weight.

3.3. The Partner provides information about allergens and other necessary information specific to Retail Products in the MyKuvar service. The Partner is responsible for providing all information about Retail Products in accordance with the requirements of applicable laws and regulations.

3.4. The Partner at its own discretion determines the selection and prices of Retail Products available in the MyKuvar service. The Partner may also impose certain limitations on your Order, such as quantity and size limitations of the Order. The Partner is responsible for notifying you of any limitations regarding the availability of any Retail Product. The User accepts that, in case any product is temporarily unavailable, the Partner will fulfill your Order without including that product as an item in the Order. Products that are unavailable at the time of placing the Order will not be charged.

3.5. When selecting the Partner's products and services that the User wishes to purchase from the Partner, the User creates a binding order for the purchase of the Partner's products and services according to the terms specified to the User in the MyKuvar service, before sending the order ("Order"). Upon receiving the Order, MyKuvar will forward the details of the Order to the Partner. At the moment the Order is accepted by the Partner, and after MyKuvar has confirmed the receipt of the Order to the User on behalf of the Partner, the User and the Partner conclude the Sales Contract. MyKuvar will provide the User with an invoice on behalf of the Partner. At the moment the Partner accepts the Order and the confirmation of the receipt of the Order is sent to the User, if the User has ordered delivery of the Order, in addition to concluding the Sales Contract with the Partner for the purchase of the Partner's products, the User concludes a legally binding sales contract for any delivery service ordered by the User through the MyKuvar service.

4. Delivery of the Order

4.1. Delivery is carried out by the Seller, or the Buyer can pick up the order at the location specified by the Seller.

4.2. When the Seller delivers the goods, an additional fee may be charged, which must be agreed upon through chat or another method accessible and understandable to the Buyer.

4.3. When using MyKuvar services, there may be a minimum purchase amount, which you will be informed about before placing an Order in the MyKuvar service. If the Order is below the required minimum amount, you will have the option to pay the difference to reach the minimum amount or add more products to your Order.

4.4. The User must be available to receive calls at the phone number provided in the MyKuvar service. If this phone number is unavailable, the delivery may be canceled by the Seller, and the User may be charged the full cost of the Order.

5. Payments

5.1. The User will pay the purchase price and delivery fee (if applicable) specified in the Order using the appropriate payment methods in the MyKuvar service. MyKuvar collects all payments from the User on behalf of the Partner. The User's payment obligation arises after the Order is sent through the MyKuvar service.

5.2. The User may make a payment using only the online payment methods specified in the MyKuvar service. When the User pays the purchase price and the delivery fee (if applicable) to MyKuvar, the User has fulfilled their payment obligation to the Partner of MyKuvar.

5.3. The charge will be automatically made from the User's credit card at the time of delivery of the Order. MyKuvar has the right to verify transactions on behalf of the Partner regarding the User's credit card after the Order has been sent through the MyKuvar service.

6. MyKuvar Bonuses and Tokens

6.1. Users of the MyKuvar service may receive MyKuvar bonuses and tokens, for example, by inviting new users to register for the MyKuvar service. The User may use MyKuvar bonuses and tokens to get a discount on purchases in the MyKuvar service.

6.2. MyKuvar may unilaterally determine the terms applicable for receiving, using, and the validity of MyKuvar bonuses and tokens.

6.3. Each application of a bonus or token can be used only once.

6.4. MyKuvar bonuses and tokens cannot be exchanged for cash.

6.5. MyKuvar bonuses and tokens will be void if MyKuvar discovers any misuse of MyKuvar bonuses and tokens or suspects or discovers that MyKuvar bonuses and tokens were obtained improperly. In such cases, MyKuvar will charge the User the amount paid for such use of MyKuvar bonuses and tokens.

7. Intellectual Property Rights

7.1. All intellectual property rights in or related to the MyKuvar service, as well as all associated documentation and all parts and copies thereof, will remain exclusively vested in MyKuvar and/or its subcontractors/licensees. "Intellectual Property Rights" mean copyrights and related rights (including database rights, catalog rights, and photographic rights), patents, utility models, design rights, trademarks, names, trade secrets, know-how, and any other form of registered or unregistered intellectual property rights.

7.2. These Terms of Service do not grant any intellectual property rights to the User within the MyKuvar service, and all rights not expressly granted by these Terms of Service are rights belonging to MyKuvar and its subcontractors/licensees.

8. Additional Terms of Use of MyKuvar Service

8.1. The MyKuvar service is available only to persons who are 18 years old or older.

8.2. The User will comply with all applicable rules and regulations when using MyKuvar services, including rules regarding the purchase of alcohol and tobacco products, medicines, and other products that are not intended for all ages. If the delivery of products not intended for all ages is available in the country where the User is located, the User may be refused delivery of such products if the User cannot present a valid photo ID issued by a competent government authority proving that the User has reached the legal age to purchase such products.

8.3. MyKuvar is constantly developing the MyKuvar service and reserves the right to change or remove various parts of the MyKuvar service, including content, products, and the availability of Partners in the MyKuvar service, partially or entirely.

8.4. By using the MyKuvar service, the User may encounter content or information that may be inaccurate, incomplete, outdated, misleading, illegal, offensive, or otherwise harmful. MyKuvar generally does not review content posted by Partners. MyKuvar is not responsible for the content and data of third parties (including Partners) or any damage arising from the use and reliance on them.

8.5. You will be responsible for obtaining and maintaining any device or equipment (such as a phone) and connections necessary for accessing and using the MyKuvar service and all associated costs.

8.6. The User will not: (i) use or attempt to use someone else's MyKuvar account and/or access other users' personal payment data on MyKuvar services or use someone else's card for payment when using the MyKuvar service without that person's consent, (ii) copy, modify, or create derivative works from the MyKuvar service or any related technology, (iii) reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the source code of the MyKuvar service or any related technology or any part thereof, (iv) remove all copyright notices, trademarks, or other proprietary rights notices contained in or on the MyKuvar service; (v) remove, cover, or obscure any advertising included in the MyKuvar service, (vi) collect, use, copy, or distribute data obtained from the MyKuvar service without MyKuvar's permission, (vii) use robots or other automated methods to use the MyKuvar service; or (viii) create a MyKuvar account using a false identity or another person's identity; (ix) access the MyKuvar service other than through MyKuvar's interfaces, such as the MyKuvar App and the MyKuvar website.

8.7. MyKuvar is authorized, at its discretion, to remove or suspend the User's account from the MyKuvar service with immediate effect and/or refuse or cancel any User's Order if: (i) the User abuses the MyKuvar service or causes any damage or loss to the use of the MyKuvar service, Partners, or MyKuvar or MyKuvar employees, (ii) there is a reasonable suspicion that the User has engaged in fraudulent activities when using the MyKuvar service; (iii) the User sends a false Order (e.g., does not pay, is absent at the delivery location to receive the Order) or otherwise fails to comply with their obligations arising from these Terms of Service; (iv) there is a reasonable suspicion of the accuracy and authenticity of the Order. If MyKuvar cancels an Order that has already been paid, MyKuvar will return that amount to the same account from which the payment was made by the User.

8.8. The processor of the personal data collected from the User is MyKuvar. MyKuvar will process all personal data collected from the User in accordance with the MyKuvar Privacy Policy.

8.9. The User must comply with the applicable terms of third-party agreements when using the MyKuvar App or the MyKuvar service.

9. Duration and Termination

9.1. These Terms of Service are in effect as a binding contract between MyKuvar and the User until further notice as long as the User uses MyKuvar services.

9.2. The User may terminate the use of the MyKuvar service at any time. MyKuvar may temporarily or permanently terminate the provision of MyKuvar services at any time.

10. Complaints

10.1. Please note that the MyKuvar service may be interrupted or permanently discontinued at any time. The MyKuvar service may be temporarily suspended. Do not use MyKuvar services to create copies of any data. Although MyKuvar makes every effort to provide timely use of the platform and services without errors, MyKuvar makes no guarantees regarding the reliability, timeliness, quality, or suitability of the MyKuvar service or any goods or services provided through the platform. MyKuvar disclaims all representations and warranties not expressly stated in these terms.

10.2. The Partner is obliged to prepare the Order in accordance with the ordered content by the User and within the time shown in the MyKuvar service. If there are any defects in the Order (or delivery of the Order), the User can notify MyKuvar customer service or directly the Partner.

10.3. The Partner is solely responsible for all defects in the ingredients and preparation of the Order or other shortcomings in the execution of the Sales Contract.

10.4. The User who has discovered deficiencies in the execution of the Sales Contract must submit all complaints to MyKuvar or the Partner without delay, with clear descriptions of the stated deficiencies. For Retail Products, defect notifications should be submitted within a reasonable time from the discovery of the defect, but no later than two months from the discovery.

10.5. MyKuvar excludes all liability for loss or damage that you or any third party may suffer in connection with the use of the MyKuvar service unless caused by intent or gross negligence or any other liability that cannot be excluded or limited under applicable law.

11. Applicable Law and Dispute Resolution

11.1. These Terms of Service are governed and interpreted in accordance with the laws of Serbia.

11.2. If you are a consumer, please note that you cannot be deprived of the rights guaranteed to you in accordance with mandatory consumer protection provisions of your state or residence.

11.3. Disputes arising from these Terms of Service will be resolved before the competent court in Serbia. A consumer may initiate proceedings in the competent court of their residence.

12. Changes

12.1. These Terms of Service are subject to changes. MyKuvar will publish the amended Terms of Service on the MyKuvar website and will notify Users that the MyKuvar Terms of Service have been changed through the MyKuvar service or via email provided to MyKuvar by the User.

12.2. If the User does not agree with the changes to the MyKuvar Terms of Service, he/she will stop using MyKuvar services.

13. Assignment

13.1. MyKuvar is authorized to assign all or some of the rights or obligations arising from this relationship in whole or in part to an affiliated entity or successor or buyer or acquirer of its business assets in connection with the MyKuvar service without prior consent of the User.

13.2. The User is not authorized to assign any rights or obligations arising from this relationship in whole or in part.

Updated August 5, 2024

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