Agency Agreement

Effective Date: August 5, 2024

This Agency Agreement (hereinafter referred to as the "Agreement") is concluded between 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 (hereinafter referred to as "Agent" and "MyKuvar"), a legal entity responsible for the development and support of the platform, and a chef registered on the MyKuvar portal who accepts the terms of this Agreement either during registration or separately (hereinafter referred to as "Partner").

This Agreement constitutes a public offer between MyKuvar, acting as the Agent, and any chef registered on the platform who accepts the terms of this Agreement either during registration or separately.

Definitions

1. General Provisions

MyKuvar acts as the Agent on behalf of the Partner. The MyKuvar App provides a service where the Partner can offer their services for the preparation and sale of ready-made food, and the Customer can order these services. MyKuvar provides advertising and informational services and helps attract clients for the Partner.

2. Agent's Obligations

• Promote the Partner's services using all available and legal methods.
• Publish the Partner's personal data provided by the Partner, including but not limited to: photos, first and last name, phone number, delivery address, email address, social media profiles, and other data listed in the Partner's profile.
• Use the Partner's personal data provided by the Partner, including but not limited to: photos, first and last name, phone number, delivery address, email address, social media profiles, and other data listed in the Partner's profile, for attracting clients, interacting with supervisory authorities, and other purposes.
• Provide technical support and functionality of the MyKuvar App.
• Act as an intermediary in transactions between the Partner and the Customer, ensuring proper payment processing and commission withholding.
• Request all necessary certificates and documents from the Partner confirming compliance with legal requirements.
• Restrict the Partner's access to the MyKuvar App in case of systematic or gross violations of the Agreement's terms.

3. Partner's Obligations

• Form a menu on the platform, accept orders, prepare, and properly package orders according to required conditions.
• Comply with all necessary sanitary, hygiene, and other standards required by law.
• Ensure the quality and safety of the products sold, and bear responsibility for the consequences of using the products.
• Have all necessary permits and certificates for selling products in the country of operation.
• Pay a commission for the sale of products on the MyKuvar App according to the established rates.
• In case of cash payments, transfer the Agent's commission to the MyKuvar account within one day.
• Ensure that the information about the products on the MyKuvar App is accurate, including the description, composition, and cost of dishes.
• Immediately notify the Agent of any changes in their products, including withdrawal from sale, changes in composition, or cost of dishes.
• Fulfill Customer orders within the timeframes specified when placing the order on the MyKuvar App.
• Provide the ability to return or exchange products in case of justified customer complaints.
• Deliver orders to the address specified in the profile.
• Organize delivery to the address specified by the customer.
• Guarantee the preservation of product quality in case of delivery organization.
• Agree on the delivery cost using the built-in chat associated with the order/delivery.
• All questions and discussions should be conducted using the built-in chat on the MyKuvar platform. Chat correspondence will be used to resolve disputes and complaints between parties. Discussions conducted outside the MyKuvar App may be dismissed when reviewed.

4. Payments and Commissions

MyKuvar charges a commission for each transaction processed through the MyKuvar App. The commission rate is determined individually and depends on various factors. Detailed information about the commission is available in the Chef's Application, in the "Rates" section.

The Agent has the right to unilaterally change the terms of the Agreement and rates, notifying the Partner at least one calendar month in advance. In case of disagreement with the new terms, the Partner has the right to stop using the MyKuvar App.

The Partner independently pays all taxes on the received funds.

5. Terms of Use of MyKuvar App

5.1 Registration and Account

To use the MyKuvar service, the Partner must register and create an account on the platform. The Partner is obliged to provide accurate and up-to-date information during registration and to update it promptly. The Partner is responsible for maintaining the confidentiality of the password and any activities that occur under their account.

5.2 Preparation and Quality of Food

The Partner is solely responsible for the preparation, quality, and safety of the food offered through MyKuvar. The Partner is obliged to prepare the food in a safe and hygienic manner, ensure the freshness of all dishes, and disclose all ingredients and possible allergens.

5.3 Compliance with Laws

The Partner undertakes to comply with all applicable laws and regulations regarding food safety, health, and hygiene. The Partner must keep the kitchen clean and safe, follow proper food handling, storage, and preparation methods, and maintain all necessary permits and certificates.

5.4 Insurance

MyKuvar recommends that the Partner obtain appropriate insurance coverage for the food preparation business. The Partner is solely responsible for any claims, losses, or liabilities arising from the preparation, sale, or delivery of the products.

5.5 Communication and Conduct

The Partner is obliged to communicate with customers professionally and respectfully. The Partner is responsible for resolving any disputes or issues with customers. All questions and discussions should be conducted using the built-in chat on the MyKuvar platform. Chat correspondence will be used to resolve disputes and complaints between parties. Discussions conducted outside the MyKuvar App may be dismissed when reviewed.

6. Termination of the Agreement

MyKuvar may, at its discretion, suspend or terminate the Partner's account and access to the MyKuvar App in case of violation of the Agreement's terms or harmful behavior. The Partner may terminate the account at any time by notifying MyKuvar in writing.

7. Limitation of Liability

To the maximum extent permitted by law, MyKuvar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content.

8. Governing Law

This Agreement shall be governed and construed in accordance with the laws of Serbia, without regard to its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Serbia.

9. Changes to the Agreement Terms

We may modify the terms of this Agreement from time to time. If we make changes, we will post the revised terms on our website and update the "Effective Date" at the top of this page. By continuing to use the service after the changes take effect, you agree to be bound by the revised terms.

Contact Us

If you have any questions about this Agreement, please contact us at:

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