PUBLIC OFFER AGREEMENT

1. TERMS AND DEFINITIONS

The following terms are used in this Agreement:

• “Contractor” — QupC Limited Liability Partnership (LLP) (BIN 260440024360), operating under the qup trademark through the qupcoffee.kz Service and responsible for the performance of this Agreement.
• “User” / “Customer” — an individual who has accepted the terms of this offer and placed an Order through the Service.
• “Service” — software available at qupcoffee.kz (including its mobile and desktop versions), intended for placing and processing beverage delivery orders.
• “Order” — a User’s duly placed request in the Service for the purchase and delivery of one or more beverages from the Menu.
• “Menu” — the list of beverages available for ordering through the Service, indicating their names, composition and prices.
• “Delivery Zone” — the territory (park, public space) within which the Contractor provides delivery services.
• “QR code” — a unique two-dimensional barcode placed on a bench or another object within the Delivery Zone and containing a link to the Service for placing an Order.
• “Courier” — an employee or contractor of the Contractor who carries out the physical delivery of the Order to the User.
• “Delivery Point” — a specific location (bench, sector) identified through a QR code at which the User accepted the Order.
• “Payment Aggregator” — an authorised organisation that ensures the processing of cashless payments in the Service.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. The Contractor undertakes, at the User’s request, to provide the service of delivering beverages from the Menu to the Delivery Point determined through a QR code, and the User undertakes to accept and pay for these services in the manner provided for in this Agreement.

2.2. The service includes: receiving the Order through the Service; preparing the beverage; delivering the Order by a Courier to the Delivery Point; providing the User with information on the status of the Order in real time.

2.3. The service is provided exclusively within the Delivery Zone in effect at the time the Order is placed. The current list of Delivery Zones is published in the Service.

2.4. This Agreement does not constitute a contract for the sale of goods; the Contractor provides services for receiving, processing and delivering the Order.

3. ORDER PLACEMENT PROCEDURE

3.1. To place an Order, the User performs the following actions:

• scans the QR code placed on a bench or another object within the Delivery Zone;
• reviews the Menu and selects one or more beverages;
• where necessary, specifies additional Order parameters (temperature, volume, add-ons);
• confirms the Order and pays for it using one of the available methods.

3.2. The moment the Contractor accepts the Order is when the User receives notification that the Order has been accepted for processing through the Service interface.

3.3. The Contractor is entitled to refuse to accept an Order in the following cases: technical unavailability of the Service; the ordered item being out of stock; the Delivery Point being located outside the current Delivery Zone; other force majeure circumstances. In the event of a refusal, the payment amount is returned to the User in full within 5 (five) business days.

3.4. After an Order is confirmed, it may be changed or cancelled only before the preparation of the beverage begins. The User is entitled to submit a cancellation request through the Service or via the Contractor’s email address.

4. PRICES AND PAYMENT PROCEDURE

4.1. The cost of beverages and the delivery service is indicated in the Service Menu. Prices are set in tenge (KZT) and include VAT (where applicable).

4.2. The Contractor is entitled to unilaterally change the prices in the Menu. The price in effect at the time the Order is confirmed is final and is not subject to change.

4.3. Payment for an Order is made exclusively in cashless form through the integrated Payment Aggregator using bank cards (Visa, Mastercard, MIR) or other methods supported by the Service.

4.4. The processing of payment data is carried out by the Payment Aggregator in accordance with the requirements of the legislation of the Republic of Kazakhstan and the PCI DSS standard. The Contractor does not store Users’ payment card details.

4.5. In the event of a technical error of the payment system and a double charge of funds, the Contractor undertakes to refund the overpaid amount within 10 (ten) business days from the receipt of a confirmed request.

4.6. A receipt (cash or electronic) is sent to the User electronically using the details provided when placing the Order.

5. DELIVERY AND FULFILMENT OF THE ORDER

5.1. The estimated delivery time is from 5 to 20 minutes from the moment the Order is confirmed and depends on the current workload of the Delivery Zone. The specified time is an estimate and is not an essential term of the agreement.

5.2. The Courier delivers the Order to the Delivery Point identified through the QR code. The User undertakes to be at the Delivery Point at the time of the Courier’s arrival.

5.3. The Order is deemed fulfilled from the moment it is handed over to the User and receipt is confirmed in the Service (by pressing the confirmation button or by automatic confirmation after 3 minutes from the moment the Courier marks the Order as delivered).

5.4. If the User is not present at the Delivery Point within 5 (five) minutes after notification of the Courier’s arrival, the Contractor is entitled to consider the Order unclaimed. In this case, the funds are not subject to refund unless otherwise provided for by a justified claim of the User.

5.5. The quality of the beverages must comply with sanitary standards and the requirements of the legislation of the Republic of Kazakhstan on the safety of food products.

5.6. If a beverage is found to be of inadequate quality (non-conformity with the order, improper appearance, foreign objects), the User must immediately notify the Contractor and is entitled to demand a replacement of the beverage or a refund of the amounts paid.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Contractor undertakes to:

• provide services of adequate quality in accordance with the terms of this Agreement;
• ensure the operability of the Service and promptly remedy technical malfunctions;
• inform the User of changes in the Order status in real time;
• comply with the requirements of the legislation of the Republic of Kazakhstan on the protection of personal data;
• review User requests within 3 (three) business days;
• ensure sanitary safety during the preparation and transportation of beverages.

6.2. The Contractor is entitled to:

• refuse service if abuse of the Service or a breach of this Agreement is suspected;
• amend the terms of this offer, the Menu, prices and operating hours with prior notice through the Service;
• suspend the operation of the Service to carry out technical work, with notice given at least 2 hours in advance;
• engage third parties (subcontractors) to fulfil the Order while retaining liability to the User.

6.3. The User undertakes to:

• provide accurate data when placing an Order;
• pay for Orders in a timely manner;
• be at the Delivery Point at the time of the Courier’s arrival;
• not use the Service for purposes contrary to the legislation of the Republic of Kazakhstan;
• not transfer their account data to third parties.

6.4. The User is entitled to:

• receive information on the Order status through the Service;
• submit claims regarding the quality of the services provided;
• demand a refund of the amounts paid in the cases provided for in this Agreement;
• contact the Contractor on matters relating to the performance of this Agreement using the details indicated in Section 12.

7. LIABILITY OF THE PARTIES

7.1. For non-performance or improper performance of obligations under this Agreement, the parties bear liability in accordance with the legislation of the Republic of Kazakhstan.

7.2. The aggregate liability of the Contractor to the User is limited to the cost of the specific Order in connection with which the dispute arose, except in cases of intentional infliction of harm.

7.3. The Contractor is not liable for: delays caused by force majeure circumstances (natural phenomena, actions of authorities, civil unrest and other events beyond the Contractor’s control); inadequate quality of the User’s internet connection that prevents the use of the Service; actions of third parties, including the Payment Aggregator, that fall outside the Contractor’s direct control; possible health consequences where the User has an individual intolerance to beverage ingredients.

7.4. The User is responsible for the accuracy of the data they provide and for all consequences arising from the provision of inaccurate data.

7.5. In the event of a breach by the User of the terms of this Agreement, the Contractor is entitled to restrict or terminate that User’s access to the Service.

8. CLAIMS PROCEDURE AND REFUNDS

8.1. In the event of improper provision of services, the User is entitled to send a written claim to the Contractor at the email address: hello@qup.coffee, indicating: the Order number; the date and time the Order was placed; a description of the violation; the User’s demands.

8.2. The Contractor reviews the claim within 10 (ten) business days from its receipt and sends a reasoned response.

8.3. Funds are refunded in the following cases: the Contractor was unable to fulfil the Order through its own fault; the beverage does not conform to the Order and a proper replacement is not possible; the Order was not delivered through the Contractor’s fault.

8.4. The refund of funds is made within 10 (ten) business days from the moment a decision is made on the validity of the claim — to the card or account from which the payment was made.

8.5. Funds are not subject to refund in the event of: the Order being unclaimed for reasons attributable to the User (clause 5.4); cancellation of the Order after the preparation of the beverage has begun without a valid reason.

8.6. If the dispute is not settled out of court, the User is entitled to apply to the authorised consumer protection bodies or to a court at the Contractor’s location.

9. PERSONAL DATA

9.1. The processing of Users’ personal data is carried out in accordance with the Privacy Policy posted on the qupcoffee.kz website and the requirements of the Law of the Republic of Kazakhstan “On Personal Data and Its Protection” dated 21 May 2013 No. 94-V.

9.2. By accepting this offer, the User consents to the processing of the following personal data: contact details required for communication in connection with the fulfilment of the Order; technical data about the device and actions in the Service; location data (exclusively for delivery purposes).

9.3. The Contractor undertakes not to transfer personal data to third parties, except in cases provided for by the legislation of the Republic of Kazakhstan or necessary for the performance of this Agreement (transfer to the Courier for delivery, transfer to the Payment Aggregator for payment processing).

10. INTELLECTUAL PROPERTY

10.1. All elements of the Service, including but not limited to: software, design, the qup trademark, logos, texts, graphic elements, are objects of the intellectual property of the Contractor and are protected by the legislation of the Republic of Kazakhstan.

10.2. The User is granted a limited, non-exclusive, non-transferable licence to use the Service solely for placing Orders in accordance with the terms of this Agreement.

10.3. Any reproduction, distribution, modification or public display of the Service materials without the written consent of the Contractor is prohibited.

11. TERM AND AMENDMENT OF THE OFFER

11.1. This offer enters into force from the moment of its publication on the qupcoffee.kz website and remains in effect indefinitely until it is withdrawn by the Contractor.

11.2. The Contractor is entitled to unilaterally make changes to this offer. The new version enters into force 3 (three) days after its publication on the qupcoffee.kz website, unless an earlier date is specified in the version itself.

11.3. Continued use of the Service after the changes enter into force constitutes the User’s consent to the new version of the offer.

11.4. The Contractor is entitled to withdraw the offer by ceasing the operation of the Service, with prior notice to Users given at least 7 (seven) days in advance.

12. GOVERNING LAW AND DETAILS

12.1. This Agreement is governed by and construed in accordance with the legislation of the Republic of Kazakhstan. All disputes are subject to resolution in a court at the Contractor’s location.

12.2. To relations not regulated by this Agreement, the provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” and other applicable legislation shall apply.

12.3. Details of the Contractor:

Name

QupC Limited Liability Partnership (LLP)

BIN

260440024360

Registered address

Republic of Kazakhstan, Astana, Yesil district, 32 Turkistan St., apt. 129, postal code 010017

Director

Kuanysh Yelzhan Madiyaruly

Trademark

qup

Website

qupcoffee.kz

Email

hello@qup.coffee

Service areas

Almaty and adjacent territories (current list — in the Service)