Contract – Use Agreement
- The present Agreement – Use Agreement (hereinafter Agreement) is concluded between CM-Fruct Ltd, IDNO 1010600026974, (hereinafter Supplier or straus.md) and User.
- According to the Agreement, the User entrusts to the Supplier the order’s delivery from the Partner/Partners and undertakes to pay for delivery services.
In the present Agreement are uses the following terms:
- Supplier– CM-Fruct Ltd, who providing delivery services of the orders made out by the tools of the Supplier’s site.
- Partner – legal entity or individual enterprise which sells goods to the User (restaurant, coffee-house etc.)
- User - any person or legal entity who made out the order with the purpose to buy the Supplier’s goods through the supplier’s site or request.
- Site – the Supplier’s site on Internet: www.straus.md, is the information system of orders which gives to the User the opportunity to search and order ready-made dishes, made by the partners straus.md. The site should be intended to put on notice the assortment of dishes and drinks and the „committing” _transporting of orders to the User. The site www.straus.md executes the receipt of cash resources from the User as the payment of their order. The responsibilities for the delivery of products, according to the Order made, „are directly from the Partner” straus.md
- Services – providing free access to the materials of the Supplier site in order to be aware of the assortment of Partner’s dishes and drinks, drawing up and delivering of the order.
- Order – the Use’s offer to provide delivering and marketing services Partner’s/Partners’’ products corresponding to the number of dishes and drinks requested, the payment method and amount. The order is recorded through the site and shall be deemed to have been received if it is confirmed by the Supplier or Partner, where the Partner performs the delivery independently.
- Annex – the program predestined to be familiar with the assortment of dishes and drinks, the execution of order by the Supplier, which is operating according to the mobile platform, divided by the Supplier (information on the supply’s conditions are indicated on the site).
The present Agreement is considered as being concluded from the moment of commission by the User of some of the following conclusive facts:
- registration of the site www.straus.md
- registration of the order by the User without the authorization of the site.
- registration of the order via the phone of the Contact Center straus.md
The present Agreement is equal to the contract drawn up in writing. The Agreement conclusion reveals that the User has become acquainted and fully and unambiguously agrees with the terms of this Agreement, including the approval as straus.md to process the personal data of the User under the conditions provided in the Articles 38-50, as well and in the consent to receive emails, SMS and other types of correspondence with informational character and with advertising content, including from the Partners straus.md.
- None of the parties to the Agreement will not apply illegal actions after becoming acquainted with the present Agreement (such as the provision of false information), and each party may use the defense means and may appeal to justice for the breach of the present Agreement.
The terms of the agreement are:
- By making the order, the User agrees with receiving the services of Supplier and to pay for them.
- The User grants the Provider reliable self-information.
- The Supplier reserves the right to verify any information provided by the User.
- User registration data shall be subject to the provisions of the Law of Republic of Moldova on commercial secrecy and the protection of personal data.
- The Supplier undertakes to close the access to personal information provided by the User for the outside persons.
- The Supplier undertakes to deliver the order.
- The User undertakes to pay for the services provided by the Supplier.
The User agrees that all the services are provided „as such "”; and that the Supplier doing everything in his power to make the order cannot guarantee the absolute quality of services which are not protected from mistakes and failures. Some circumstances, primarily the technical defects or action/inactivity of the Partner, and others may prevent and complicate the Order execution. The User agrees that straus.md is responsible for the quality of the delivered products, for delays, failures, incorrect or delayed delivery, deletion or non-retention of any personal information of the User, as well as failures in the payment system.
- The User is informed that when drawing up the order to several Partners of the Supplier, the delivery of these orders for the User at the same time may not coincide.
- The User can individually place an order on the site or by calling the phone of straus.md Contact Center.
- In order to use the services of straus.md, it’s necessary to have a computer or other devise with Internet access.
When making an order, the User may pay the services by the following ways:
- to pay the order when receiving from the Supplier in cash or by other means provided by straus.md, immediately after receiving the order.
- to pay on-line on the straus.md website by card VISA / MasterCard via the payment system provided by the straus.md bank partner. Amount charged is the cost of goods and delivery services. All settlements between the parties are made in the currency of the Republic of Moldova (in Moldovan lei)
In the event of refusal of the order by the User, or in case of breach of the conditions for the production achieving by the Partners straus.md, including, but not limited to: in the event of the unilateral refusal for the production achieving, or in the event of non-conformity of production quality etc., the User is bound for 2 hours before the moment of the order delivery/receipt to inform straus.md at the email address [email protected] regarding his refusal, presenting documents confirming the payment of the Order and to require the refund of the paid money.
- The payment of money for 2 (two) days from the date of the order payment is done by the Partners straus.md or straus.md.
- After the expiry of 2 (two) hours and in the event if straus.md has not received the User’s message regarding the refusal to order and the refund of money, the order is deemed to be executed, the collected money shall not be reimbursable.
- straus.md has the right to refuse to the User to conclude the Order with the payment type " in cash " or payment type " on-line " if the previous order concluded by the User have not been delivered by his fault. (For example, if the User did not open the door, or the User declined the order after it was cooked, or did not respond to the courier’s phone when delivering the Order, or if the User has indicated a non-existent address for delivery, etc.).
- The User confirms that he will not use the Services in fraudulent, non-legitimate purposes, and also will not allow this to any third party. During the use of services, the User guarantees that he will comply with the legislation of Republic of Moldova.
- The User cannot copy, republish, place, publish, enter the data into base, demonstrate, correct, modify and perform any actions with the content of the site.
- The User agrees to pass the registration procedure on the site, by providing truthful, accurate and complete information about him to the questions proposed in the registration form, by expressing the agreement with the Agreement provisions, by confirming the position «I accept the Agreement provisions».
- Where the User presents false information or straus.md has serious reasons to assume that the presented information is not correct, is incomplete or not accurate, straus.md has the right to interrupt or cancel the User’s registration and to refuse the use of its services.
- Upon completion of the registration process, the User receives a login and a password for the access to personal office, for which he is responsible for the security of his login and password, also for everything that will be done on straus.md with his login or password.
- The User shall immediately inform straus.md on any case of unauthorized access (not allowed) with his login or password and/or any breach of security.
- The User accepts that all the orders he made on the site are authorized and are subject to the payment.
- Using the site, the User confirms his agreement in receiving informational messages according to the indicated contact information, as well as advertising, in accordance with the legislation of RM on Advertising No. 1227 of 06.1997.
- By perfecting the order, the User confirms that he has taken note with all Agreement provisions, understands all conditions, accepts their fulfillment and provides to the Supplier the rights set forth in the Agreement and undertakes to pay his Order.
- The site contains materials protected by law on copyright and related rights, trademarks or other materials protected by law, including, but not limited to: texts, photos, graphic images.
- At the same time, the entire Site content is protected by copyright like a work, created as collective work in accordance with the law of Republic of Moldova on copyright and related rights.
- straus.md owns the copyright in the use of the site’s content (including the selection, placement, systematization and modification of the data contained on the site straus.md, as well as the initial data), unless the cases separately indicated in the content of materials published on site.
- The User has no right to introduce adjustments, publish, send to third parties, participate in sale and release, to create derivative works or otherwise use, fully or partially, the site content only for legal purposes.
- The User undertakes do not place on site and do not send anywhere through the site any of the materials of the character mentioned below:
- which breach the legislation, containing threats and insults, discrediting other people, breaching the citizens’ right to private life and public order, with obscene character.
- which breach in one way or another the honor and dignity, the right and interests of other persons protected by law.
- which contribute or contain appeals of incitement to religious, racial and international hate, containing attempts of hate instigation and calls to violence.
other materials encouraging other people to illegal behavior, which provides for criminal, civil and other types of liability or in a certain way breaching the law provisions.
The User undertakes not to place on straus.md and not to send through the site materials which constitute the advertising of some goods and services, without receiving the agreement expressed by straus.md.
- The User undertakes no to use straus.md for advertising or for another type of goods and services stimulation in any form, including, but not limited to the stimulation of users to the registration to another system of interactive servicing.
- The User undertakes not to upload, otherwise place or use any materials on site, protected by the legislation on intellectual property (including copyrights, legislation on trademarks) or other materials protected by law without receiving the expressed agreement of the rights holder on the protected materials. In this case, the task of fact proving that the placement of materials on site does not infringe the copyrights, related to and other types of rights of third parties on the placed materials, and also the responsibility for illegal placement is assumed by the User.
- The User acknowledges and accepts that straus.md and all necessary attachments related to them contain confidential information which is protected by the national and international law on intellectual property. The User accepts not to modify, sell or distribute in whole or in part the content and programs.
- The Supplier undertakes to provide delivery services in accordance with the Order made by the User.
- The Supplier does not take responsibility for the veracity, timeliness and complexity of Partners’ assortment.
- The Supplier does not take responsibility for the quality of the products provided for the site operation failures.
- The User’s personal data are processed in accordance with the law «regarding the protection of personal data» 133, of 08.07.2011.
- When registering on the site straus.md, the User presents the following information: first name, address, e-mail, contact phone number, address of goods delivery.
- By presenting his personal data when registering/concluding the order on straus.md, the User agrees to third processing by straus.md, including for the purpose of executing by straus.md of obligations towards the User within the limits of hereby Use Agreement, of informing the Users regarding its services for the promotion of goods and services by straus.md, carrying out of electronic and SMS surveys, controlling marketing actions, customer support, organizing the delivery of Users’ goods, occurring of raffles with prizes among Users, checking the User’s satisfaction, and also the quality of services provided by this service. It is not considered an infringement the providing by straus.md of information to partners, agents and third parties acting under a contract with straus.md, for the execution of obligations towards the User.
- By accepting the terms of the Agreement, the User gives its actual, informed and conscious consent to the processing of his personal data by the Supplier, in accordance with the law of RM and the protection of personal data.
- As a right of processing the personal data is considered any operation or series of operations performed on personal data through automatic or non-automatic means, such as collecting, recording, organizing, storing, retaining, restoring, adapting and modifying, extracting, consulting, using, disclosing by sending, dissemination or in any other way, joining or combining, blocking, deleting and destroying.
- straus.md has the right to send informational messages, including advertising, to the e-mail or mobile phone of the User with his consent. The User has the right to refuse receiving advertising information and other information without giving any explanation on the cause of refusal. The messages regarding the servicing informing the User on the order and its processing stages are automatically sent and cannot be canceled by the User.
- The withdrawal of the consent to the processing of personal data is done by sending the message to the address [email protected] or by editing the User’s profile.
- straus.md has the right to use the «cookies» technology. «Cookies» does not contain confidential information, and straus.md has the right to send the information about «cookies» to Partners, agents and third parties having concluded agreements with straus.md, for the execution of obligations towards the User and for statistical purposes and optimization of advertising messages.
- straus.md receives information on the IP address of the guest of the site www.straus.md The given information shall not be used in the identification of guest’s person.
- straus.md bears no responsibility for the data submitted by the User on site in the form of free access.
- straus.md has the right to perform recording of phone conversations with the User. In this case, straus.md undertakes to: prevent the attempts of unsanctioned access to the information received from the phone conversations, and/or its transmission to third parties having no direct connection with the execution of the order according to the paragraph 7, article 11 of the law «regarding the access to information».
- The data placed on site or in the site database are owned by the Supplier and are protected by law on copyright and related to and trade secrecy on protection of personal data of RM.
- The data belonging to the Supplier cannot be alienated in any way to any individual or legal person without prior written consent of the Supplier.
- In the event of the Agreement breach by the User, the Supplier shall be entitled to interrupt, restrict or completely close the User’s access to Services. The closing of services provision does not limit the Supplier in other measures and rights.
- The Agreement text can be changed without any special informing. The modifications will be published on the site. The amended Agreement shall enter into force on the expiration of 3 (three) days from the moment of its placement unless otherwise provided by the amended Agreement. The valid version of the Agreement is always on the site, on the address www.straus.md
- The present Agreement is governed by the legislation in force of Republic of Moldova.
- All the disputes regarding the Agreement shall be settled in accordance with the legislation in force of Republic of Moldova.
- Nothing in this Agreement may be understood as establishment among User and straus.md of the agency relationships, partnership relationships, joint activity relationships, personal employment relationships, or other relationships not directly provided by hereby Agreement.