This document represents the offer of the MFA-ACCEPT LLP (further the Company) to the User to conclude a Contract on services - TURANDOT Loyalty under the conditions specified below. The conditions below, in accordance with the article 395 of the Civil Code of the Republic of Kazakhstan, are an offer addressed to the Company (further the Offer).
1. Terms and definitions
1.1. The following terms are used with the following meanings for the purposes of this document:
Offer Acceptance - full and unconditional acceptance of the Offer through the actions specified in the section 7 of the Offer;
The TURANDOT Loyalty program is a program aimed at increasing loyalty among the TURANDOT Guests, by accumulating and/or spending bonuses within the restaurant chain.
Service - means the following, provided to the User under conditions of this Offer:
a) the right to use the resources of the Company’s software and hardware, including the Website and the Application, for the purposes, strictly determined by the Offer;
b) information services using the software and hardware of the Company;
c) a set of technical measures organized by the Company that provide operation of the Company’s software and hardware and User support;
Bonuses - remuneration paid to the Guest in electronic form. Bonuses cannot be cashed out (not paid in monetary terms), transferred to another account, to another phone number, personal account, etc. Bonuses can be accumulated and/or spent only in the TURANDOT restaurant chain.
API - an interaction interface between the Parties, allowing the Parties to exchange information necessary for fulfillment of this Contract. The requirements for the interaction interface, the conditions for using the interaction interface, the list of transferred information are agreed by the Parties before using the API by email.
Application - software intended for installation and use on the User's mobile device and containing the TURANDOT Loyalty program.
Mobile device - a personal digital assistant, mobile phone, communicator, smartphone and other equipment on which the functional use of the Application is possible.
Statistics data - data on the Services rendered by the Restaurant, which may also include information on the number of Orders, the cost of Services and other information related to the rendering and performance of Services;
Contract - a paid public contract between the Company and the User for rendering of the Restaurant Services, which is concluded through the Offer Acceptance;
Restaurant - a legal entity or an individual entrepreneur engaged in preparation and/or sale of the Goods to Service Users when they place an Order, and in cases provided by the Offer.
Offer - this document - Offer for the services - TURANDOT Loyalty, posted on the Internet at: https://turandot.kz/offer.php
Company - MFA-ACCEPT Limited Liability Partnership (owner of the TURANDOT Loyalty Application).
User/Guest – a natural entity, who has concluded the Contract with the Company through acceptance, expressed in recognition of this Offer’s conditions through the Offer Acceptance, using the Service under the conditions provided in the User Agreement, in order to carry out procedures and receive Food Services in the Turandot restaurant chain.
Goods - food products and drinks or non-food products, the preparation of which for the Users and/or the sale of which to the Users is carried out by the Restaurant. When referring to the Offer or other documents, the Offer of the Goods means both one and several Goods, unless otherwise follows from the Offer or the relevant document;
1.2. Terms not determined in the item 1.1 of the Offer may be used in the Offer. In this case, the interpretation of such a term is made in accordance with the text of the Offer. In case of absence of an identical interpretation of the term in the text of the Offer, it is required to be governed by the interpretation of the term, defined: first of all, by the legislation of the RK, secondly - on the Service, then - prevailing (commonly used) on the Internet.
2. Service rendering conditions.
2.1. Use of the Service by the User in any way and in any form means that the User:
a) got familiarized with the conditions of this Offer in full before using the Service.
b) Accepts all conditions of this Offer (Contract) and agrees with them in full without any exceptions and restrictions on its part and agrees to observe them or terminate using the Service. Including the fact that the Company independently and unilaterally makes decisions on the rules for calculating bonuses, determining and obligatory conditions for their transition to various levels and other points when using the Application.
c) The Contract (including any of its parts) may be amended by the Company without any special notice. The new version of the Contract shall come into force from the moment it is posted on the Company Website, unless otherwise provided by the new version of the Contract.
2.2. Having accepted this Offer, the User confirms and guarantees that:
a) Has all necessary rights and powers for concluding the Contract and its fulfillment;
b) Use of the Service will be carried out by the User solely for the purposes permitted by this Offer in compliance with its provisions, as well as the requirements of applicable law and generally accepted practice;
c) The User will not perform any actions that conflict or interfere with the Service rendering (or the operation of the corresponding equipment, networks, or software with which the Service is rendered).
d) The use of the Service by the User for specific purposes does not violate the property and/or personal non-property rights of third parties, as well as the prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin goods, rights to industrial designs, rights to use images of people.
3. General conditions for using the Service.
3.1. The use of the Service functionality is allowed only after the User has completed registration and authorization on the Company Website, through any equipment providing access to the Company Website (personal computer, mobile phone, information kiosk and other equipment).
3.2. Some technical, organizational and commercial conditions for using the Service, including its functional capabilities, can be brought to the attention of Users by separately posting on the Website and/or in the Application.
3.3. The User agrees to receive informational electronic messages (further the notifications) from the Company to the email address and/or Mobile device number specified during registration or subsequently to inform the User about the capabilities of the Application and/or the Company Website, information about changes in its information resources discounts, bonuses, certificates, as well as their promotions.
3.4. By joining the conditions of this Offer, the User agrees to the automated processing of all provided personal data in order to conclude and fulfill the contract between the User and the Company, within the framework of which it is possible to transfer such personal data in full or in part and their subsequent processing for marketing and statistical purposes. The specified consent is given for the entire duration of the Agreement without the possibility of its early withdrawal.
3.5. The registered User independently determines the conditions and procedure for using the registration record (account) created on the Website, which, however, under no circumstances may contradict the Offer, as well as other documentation and information brought to the attention of the User by the Company.
3.6. The User is responsible for keeping secret from third parties own data (login and password) used for authorization on the Website. All actions performed on the Website using the username and (or) password of the User are considered actions of the User, for which the User bears sole responsibility.
4. License conditions
4.1. The copyright holder of the Application is the Company. The provisions of this section of the Offer are the conditions of the License Agreement.
4.2. After registration, the User is provided with a simple non-exclusive license to use the Application on the conditions specified in this Offer.
4.3. The User has the right to use the Application strictly within the limits of their functionality specified by the Company in the Offer, as well as brought to the attention of the User in any other way within the Service.
4.4. The agreement does not mean the transfer of any rights to the User, with the exception of those explicitly listed in the Offer or owned by the User in accordance with the legislation. In order to use the Application in accordance with its functional purpose, the User has the right to reproduce (record) such an Application on own Mobile device.
4.5. It is prohibited to use the Application by any other means, including by copying (reproducing), distributing, processing and making available to the general public the materials and codes of the Application posted or provided to the User using the Website or the Application, as well as design elements, computer programs and databases, their decompilation, adaptation and modification which are the parts of the Application and/or the Website of the Copyright Holder.
4.6. The Copyright Holder has the right to establish technical and organizational restrictions on the use of the Application and/or the Website, as well as update the Application, the information about which will be brought to the attention of Users from time to time in the form and method at the selection of the Copyright Holder.
4.7. The Agreement shall come into force upon acceptance of the Offer and registration of the User. Installing the program and starting work (confirmation) means the User agrees with all the provisions of the Agreement. The user accepts the Offer by sequentially performing the following actions (in aggregate):
- Clicking on the button "I have fully read and agree to the Offer conditions (or similar in meaning) on the Company Page.
5.1. The Service (including the Application and the Website) is provided to the User on an “as is” basis, in connection with which the Company does not give any expressed or implied guarantees that it will comply with the requirements of the User, including functioning continuously, quickly, reliably and without errors, the results that can be obtained using it will be accurate and reliable, all errors will be fixed.
5.2. The Company does not give any guarantee regarding the completeness and accuracy of the information provided as part of the Service, and does not bear responsibility for this. The use of any materials and data from the part of the Application and/or refers solely to the risk of the User, the Company will not be responsible for any losses or other damage resulting from the use of the Service.
5.3. Since the Application and the Website are at the stage of constant supplementing and updating of new functionalities, the form and nature of such products and provided services may change from time to time without prior notification to the User. The Company has the right at its sole discretion to terminate (temporarily or permanently) the provision of the Service or any of its individual parts (including the Application and/or Website) to all Users in general or to an individual User in particular, as well as change or revoke the license for its (their) use without advance notification.
5.4. For the proper operation of the Application and all its services, the User shall independently monitor the updates and regularly update the Application as new updates become available.
5.5. The User is responsible for any violation of the obligations established by this Offer and (or) applicable law, as well as for all the consequences of such violations (including any losses that the Company and other third parties may incur).
5.6. The Company reserves the right to prosecute violators of exclusive rights to intellectual property in accordance with the civil, administrative and criminal legislation of the Republic of Kazakhstan at its discretion.
6. Final provisions
6.1. The Contract, its conclusion and fulfillment is regulated by the applicable legislation of the Republic of Kazakhstan. All issues not regulated by the Offer or not fully settled are regulated in accordance with the substantive law of the Republic of Kazakhstan. If disputes between the User and the Company regarding the Contract are not settled through negotiations between the Parties, they are subject to consideration in accordance with the procedure, provided by applicable legislation in the Specialized Inter-district Economic Court of Almaty.
6.2. The Contract may be amended or terminated by the Company unilaterally without prior notification of the User and without payment of any compensation in this regard.
6.3. Any notifications under the Contract can be sent by one Party to the other Party: by e-mail to the e-mail of the User indicated by it when filling out the questionnaire on the Company Page.
6.4. If one or more provisions of the Offer are invalid for any reason and do not have legal force, such invalidity does not affect the validity of any other provision of the Offer (Contract) that remains in force.
6.5. The User is obliged to keep a secret and consider confidential the information on the commercial conditions of the Contract, technical features of the Service and its functionality, as well as other information handed over by the Company to the User and designated by the Company as confidential information (further the Confidential Information), and not to disclose, not publish or otherwise provide such information to any third party without the prior written permission of the Company.
6.6. The obligation to keep Confidential Information comes into force from the moment of conclusion of the Contract and remains valid for 5 (five) years from the date of expiration of the Contract or its termination for any reason.
6.7. The Parties agreed that the Company has the right to disclose to third parties the information received from the User as part of fulfillment of the obligations under the Contract by the Parties, including information about Orders and cost of the Company’s Services, including upon official requests of the state authorities of the Republic of Kazakhstan.
7. Offer’s validity term and amendment of conditions
7.1. The Offer comes into force from the moment of registration of the User and acceptance of the Application (Offer) and is valid until the Offer is withdrawn by the Company.
7.2. The Company reserves the right to amend the Offer’s conditions indicated on the Restaurant Page and/or withdraw the Offer at any time at its discretion. If the Company makes amendments to the Offer, such amendments shall enter into force upon posting the amended text of the Offer on the Internet at the address www.turandot.kz if a different deadline for coming into force of the amendments is not additionally determined at such a placement.
7.3. In case of withdrawal of the Offer by the Company during the term of the Contract’s validity term, the Contract shall be considered as terminated from the moment of withdrawal, unless otherwise agreed by the Company upon withdrawal of the Offer.
8. Contract termination
8.1. The Contract can be terminated in the following cases:
8.1.1. by agreement of the Parties with prior notification of each other 5 (five) working days before the date of termination;
8.1.2. by the Company, in case of violation of the Contract conditions by the User, immediately with written notification of the User;
8.1.3. by the Company unilaterally out of court by sending a written notice to the User no later than 5 (Five) working days before the date of the Contract termination;
8.1.4. on other grounds provided by this Offer and/or the applicable legislation of the RK.
8.2. The obligations of the Parties under the Contract, which by their nature shall continue to be valid (including obligations regarding confidentiality, mutual settlements, use of information, but not limited to the above), remain valid after completion of the Contract’s validity term.
8.3. The termination of the Contract’s validity term for any reason does not relieve the Parties from responsibility for violations of the Contract conditions that arose during its validity term.
9.1. In course of the Contract’s validity term, the Company will make all efforts to eliminate any failures and errors, if any. Moreover, the Company does not guarantee the absence of errors and failures in the placement of the Materials, as well as in the services rendering, including with respect to the software operation.
9.2. By making the Offer Acceptance, the User confirms and guarantees the Company that:
9.2.1. The User has provided reliable data, including personal data when filling out the questionnaire on the Restaurant Page, and reliable data.
9.2.2. The User agrees to the processing of personal data specified by it during registration in the Application and/or at the conclusion of the Contract by the Company, including to the performance of actions by the Company, provided in the sub-items 12 of the article 1 of the Law of the Republic of Kazakhstan No.94-V dated May 21, 2013 - On personal data and their protection, by any means, for the purpose of conclusion and fulfillment of the Contract.
9.2.3. The User: a) has fully familiarized with the Offer conditions, b) fully understands the subject of the Offer and the Contract, c) fully understands the meaning and consequences of own actions with respect to conclusion and fulfillment of the Contract.
9.2.4. The User has all the rights and authorities necessary to conclude and fulfill the Contract.
9.2.5. The goods, the information about which is contained in the Materials submitted by the Restaurant, were legally introduced into civil circulation on the territory of the Republic of Kazakhstan.
10. Details of the Company
Name: MFA-ACCEPT LLP
Place of business address: 282, Zharokov street, Almaty, 050060, RK
Address for notifications: 282, Zharokov street, Almaty, 050060, RK
Current account KZ076017131000001022
Halyk Bank of Kazakhstan JSC
Tel.: +7 727 247 6128, 247 6340