User Agreement, License Agreement, Service Stock Terms, Privacy Policy

User Agreement

1. Terms and definitions

1.1. For the purposes of this document, the following terms are used with the following meanings:

    - The "Balance | Novotitarovskaya" application is the "Balance | Novotitarovskaya" program for mobile devices, provided to Users under the terms of the License Agreement for the "Balance | Novotitarovskaya" program for mobile devices, available in open access on the Internet at: https://foodsoul.ru/documents/policies/license?company_id=5986&mode=chain.

    - Service "Balance | Novotitarovskaya", Service means all websites, computer programs (including the "Balance | Novotitarovskaya" application, other programs for mobile devices) of IP Suharev Dmitriy Sergeevich and IP Egiyan Nelli Romaevna or its affiliates, providing the User with the opportunity to place an Order for Goods and Delivery on the terms provided in the User Agreement.

    - User - a person who uses the Service on the terms provided in the User Agreement in order to place an Order for Goods and Delivery.

    - Store - a legal entity or individual entrepreneur that carries out the preparation and/or sale of Goods to Service Users when they place an Order, as well as delivering Goods to Service Users in cases where such option is provided on the Service.

    - Order - placed by the User on the Service, an order for the Goods and Delivery, as a result of which the User enters into a contract for the preparation and/or sale of the Goods with the Store, and a contract for the delivery of the said Goods with the Delivery Service (or, in the case of Delivery by the Store, - with the Store) on the terms determined by the Store and/or the Delivery Service and posted on the Service.

    - Contract - a contract for the preparation and/or sale of Goods with the Store, and/or a contract for the delivery of Goods with the Delivery Service (or, in the case of Delivery by the Store, - with the Store), concluded between the User and the Store and/or the Delivery Service as a result of placing an Order.

    - Goods - food products and beverages (excluding alcoholic beverages), the preparation and / or sale of which is carried out by the Store as a result of the User placing an Order on the Service. When mentioned in the User Agreement or other documents referred to in clause 2.2 of the User Agreement, Goods refers to both a single item and multiple items, unless otherwise specified in the User Agreement or the corresponding document.

    - Delivery - a service of delivering the Goods, the Order of which the User placed on the Service, to the User. The conclusion of a delivery agreement with the User is carried out by the Carrier, or, in the case of Delivery by the Store, - the Store, through the User's Order on the Service. The Store or the Carrier have the right to involve third parties to deliver the Goods to the User.

    - User Agreement - this document is posted on the Internet at: https://foodsoul.ru/documents/policies/agreement?company_id=5986&mode=chain

    - FoodSoul - IP Suharev Dmitriy Sergeevich (INN: 434585008315, OGRN: 316435000063230, Fakticheskoe raspolozhenie organizacii: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3)

    - Store - IP Egiyan Nelli Romaevna (INN: 233003694780, OGRN: 316237300053112, Yur. adres organizacii: Rossiya, Krasnodarskiy kray, Dinskoy rayon, stanica Novotitarovskaya)

    - Promocode - a specific sequence of characters, provided that it is activated and other conditions of use of the Promocode are met, the User is granted a discount on the cost of the Product and/or Delivery.

1.2. The User Agreement may use terms that are not defined in clause 1.1 of the User Agreement. In this case, the interpretation of such a term is made in accordance with the text of the User Agreement. If there is no unambiguous interpretation of the term in the text of the User Agreement, the interpretation of the term should be guided by: firstly - the legislation of the Russian Federation, secondly - on the Service, then - the established (commonly used) in the Internet.

1.3. The User's use of the Service is governed by these Terms.

2. General provisions

2.1. This User Agreement is an offer from FoodSoul to the User to use the Service Application "Balance | Novotitarovskaya".

2.2. The use of the Service by the User is governed by this User Agreement, as well as:
The rules of payment of the Service (https://foodsoul.ru/documents/policies/payments?company_id=5986&mode=chain) hereinafter collectively referred to as the "Regulatory Documents".

2.3. By starting to use the Service / its individual functions, the User is considered to have accepted the User Agreement, as well as the terms of the Regulatory documents, in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of the User Agreement and / or Regulatory documents, the User is not entitled to use the Service.

2.4. FoodSoul may change the terms of the User Agreement at any time without notice to the User, and IP Suharev Dmitriy Sergeevich may change the conditions of the Regulatory documents at any time without notice to the User. The current version of the User Agreement is available at the address specified in section 1.1 of the User Agreement. The User bears the risk of not familiarizing themselves with the new version of the User Agreement and the Regulatory documents. Continued use of the Service after changes to the User Agreement or Regulatory documents is considered acceptance of their new version.

2.5. In case any changes have been made to the FoodSoul User Agreement in accordance with paragraph 2.4. of the User Agreement, with which the User does not agree, he/she must cease using the Service.

2.6. The service offers the User a free opportunity to place an Order for Goods and Delivery from the Store and/or the Delivery service under the conditions determined by the Store and/or the Delivery service and posted on the Service. All existing functions of the Service at the moment, as well as any development of them and/or the addition of new ones, are subject to the User Agreement.

2.7. Depending on the User's region, Delivery address, information about the Product provided by the Store, and other circumstances, all or some of the Service functions may be unavailable or restricted. Functions are considered unavailable (restricted) for the User if the User cannot use them explicitly. The use of any technical and software methods to bypass these restrictions is prohibited. The provisions of the User Agreement governing the unavailable (restricted) Service functions do not apply until such functions become explicitly available to the User. Information about the availability of Service functions is provided to the User upon their request sent to the Store.

2.8. By using the Service, the User consents to receiving messages, including SMS messages and Push notifications, of an advertising nature from FoodSoul and the Store. The User has the right to refuse to receive advertising messages by sending an email in free form through the "Contact Us" service in the "Balance | Novotitarovskaya" Application.

2.9. When using the FoodSoul Service, no paid services are provided to the User, including in the case of the User placing an Order.

2.10. FoodSoul is not an authorized organization within the meaning of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights" and does not consider and satisfy Users' claims regarding the Product and/or Delivery of inadequate quality, the Order of which is placed by the User on the Service. When contacting FoodSoul by the User regarding issues related to the Contract concluded as a result of placing an Order, including claims regarding the performance of this Contract, FoodSoul has the right to transfer the relevant information to the Store and/or Delivery service provider, as well as to provide the User with information received from the Store and/or Delivery service provider on these issues.

2.11. FoodSoul is not responsible for the content and/or accuracy of the information provided by the Store and/or the Supplier about the Product and/or Delivery, including information about the cost of the Product and/or Delivery, preparation time of the Product and/or Delivery, as well as the availability of the Product at the moment.

2.12. The use of individual functions of the Service, including Order placement, is available to the User after registration and authorization on the Service. Upon registration, the User undertakes to provide personal information requested on the Service registration form.

3. Order placement and terms on the Service.

3.1. Prior to placing an Order for Goods and Delivery on the Service, the User undertakes to familiarize themselves with all conditions for the preparation and/or implementation of the Goods, as well as conditions for the Delivery, determined by the Store and/or the Delivery Service. In this case, obvious errors, including typos, made by the Store and/or the Delivery Service in the description of the Goods, are not legally binding.

3.2. When placing an Order, the User enters into a Contract with the Store and/or the Delivery Service, and enters into direct contractual relations with the Store and/or the Delivery Service regarding the preparation and/or sale of the Goods and the delivery process. Placing an Order on the Service implies the User's agreement with all essential terms of the preparation and/or sale of the Goods, as well as the delivery by the Store and/or the Delivery Service, determined by the Store and/or the Delivery Service and posted on the Service.

3.3. The essential terms of the agreement concluded by the User with the Store and/or the Delivery Service are specified in the description of the Product published on the Service, the conditions of its preparation and/or implementation provided by the Store FoodSoul, as well as the description of the Delivery conditions provided by the Store or the Delivery Service FoodSoul. In case the aforementioned conditions were not transmitted by FoodSoul Store or Delivery Service, these conditions should be clarified directly with the Store or the Delivery Service.

3.4. When placing an Order, the User agrees that the Store and/or the Delivery Service may entrust the execution of the Agreement to a third party, while remaining responsible for its performance.

3.5. All rights and obligations under the agreement (agreements) concluded with the User arise directly with the Store and/or the Delivery service.

3.6. The user confirms his consent to the fact that the personal information provided by the user to FoodSoul when using the Service, including when placing an Order, may be transferred to FoodSoul Store and/or Delivery Service with which the user enters into a Contract as a result of placing an Order, for the purpose of executing the Contract by the Store and/or Delivery Service. The user agrees that FoodSoul has the right to store the user's personal information, as well as the personal information of the recipient of the Order specified by the user, for at least three years from the date of execution of the respective Order by the Store and/or Delivery Service.

3.7. The information about the Order placed by the User is available in the "Orders" / "Order History" section of the Service. In this section of the Service, the User can view information about the status of the Order.

3.8. By placing an order on the Service, the User agrees to receive:
    - electronic letters that FoodSoul and the Store can send to the User: after placing an Order; in case of its modification; before delivery of the Goods in a case that affects the execution of the Order or timely notification of its status
    - Messages (SMS) to the phone number specified by the User
    - a call to evaluate the quality of the Service, Store and/or Delivery person on the phone number provided by the User.

3.9. When placing an Order, the User confirms that
    - fully acquainted with the provisions of the User Agreement and Regulatory Documents
    - fully understands the User Agreement and Regulatory Documents, as well as the subject matter and conditions of the agreement concluded with the Store and/or the Supplier
    - fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Agreement with the Store and/or the Supplier

3.10. FoodSoul and/or the Store may block the User's ability to place an Order in case of non-payment of the Product and Delivery obligations within the placed Order, refusal to fulfill the Agreement(s) with the Store and/or the Supplier in accordance with clause 3.16 of the User Agreement, violation of the User Agreement and/or Regulatory documents, as well as in case of repeated violation of the Agreements with the Store and/or the Supplier.

3.11. The user must provide accurate information about themselves and the recipient of the Order when placing an Order on the Service. The user is responsible for all consequences caused by the inaccuracy of the information provided by them.

3.12. To place an Order, the User, having familiarized themselves with the information about the Product and Delivery, provides all the necessary data for the execution of the Agreement by the Store and/or the Carrier using the Service, including but not limited to: personal information of the User, full delivery address (including the name of the settlement, metro station (if applicable), street (avenue, highway, etc.), building number (including building, structure, etc.), entrance number, apartment number, floor, intercom code (if applicable)), recipient's full name, contact details (phone number, etc.), payment method, after which they click the "Submit Order" button (or any similar button) on the Service. By placing an Order, the User confirms their familiarity and unconditional agreement with the User Agreement, the terms of the Agreement(s) concluded by the User with the Store and/or the Carrier, as well as their familiarity with the information about the Product and Delivery posted on the Service.

3.13. The moment of concluding the Agreement / Agreements between the User and the Store and/or the Delivery Service: the moment when the User clicks the "Order" button (or any similar button) in the Order form.

    - In case the User chooses a payment method provided in clauses 5.1.3 of the User Agreement, the User is given a limited time to make the payment, after which the message "ERROR Payment time (session) has expired. Please place a new order" will be displayed. If the payment is not made within the specified period for any reason, the Agreement(s) with the Store and/or the Supplier shall not be considered concluded.

3.14. At the moment of performing the actions specified in clause 3.12, the User confirms that all information about the Product and Delivery, as well as about the Store and/or the Supplier, provided for by the current consumer protection legislation, has been brought to the User's attention in full.

3.15. The store may cancel the Order in the following cases:

    - The User's Order processing, delivery of the Goods, within which the Store operates, if the User has chosen cash payment - if the Store failed to contact the User using the contact information provided by the User when placing the Order.

    - if the Store cannot fulfill the Agreement.

3.16. The user who placed the Order must be present at the Delivery address to receive the Order and ensure the acceptance and payment of the Goods upon Delivery. In case the User is absent at the Delivery address, as well as in case of impossibility to deliver the Goods to the User due to actions/inactions of the User or in case of refusal of the User to accept the Goods (excluding Goods of inadequate quality or not meeting the conditions of the Order placed by the User in compliance with clause 3.17 of the User Agreement), after 5 minutes of waiting, the User is considered to have refused to perform the Contract(s) with the Store and/or the Delivery service. In this case, the funds paid by the User for the Goods and Delivery are used to reimburse the expenses of the Store and/or the Delivery service and are not subject to refund by the Store and/or the Delivery service.

3.17. In case the Goods delivered to the User are considered by the User to be of inadequate quality or do not correspond to the Order placed by the User, the User must immediately submit a request / letter in any form through the "Contact Us" service in the "Balance | Novotitarovskaya" Application, accompanied by a photograph of the delivered Goods, as well as a description of the deficiencies in the Goods.

3.18. In the case of Product Delivery by the Supplier, the Store is considered to have fulfilled its obligation to transfer the Product to the User under the Agreement at the moment of transfer of the Product (of proper quality and corresponding to the Order made by the User) to the representative of the Supplier.

4. Use of the Service. Separate functions of the Service.

4.1. FoodSoul and/or Store reserve the right, at their discretion, to restrict User's access to the Service (or to certain functions of the Service, if technologically possible) using his/her account or to completely block User's account in case of repeated violation of the User Agreement and/or Regulatory Documents, or to apply other measures to ensure compliance with the User Agreement and Regulatory Documents, as well as with the requirements of legislation or the rights and legitimate interests of third parties.

4.2. The user gives IP Suharev Dmitriy Sergeevich and partners IP Suharev Dmitriy Sergeevich consent to process personal information (including personal data) of the user, to transfer the user's personal information to partners of FoodSoul, including stores and/or suppliers, as well as to process personal information by partners of FoodSoul, including stores and/or suppliers, for the purposes of using the Service, placing an order on the Service, and fulfilling the contract by the store and/or supplier, which is concluded as a result of placing an order. When using the Service, the user's personal information is transferred to IP Suharev Dmitriy Sergeevich for processing under the terms and for the purposes defined in this User Agreement and the Privacy Policy of IP Suharev Dmitriy Sergeevich, available for review at: https://foodsoul.ru/documents/policies/privacy-policy?company_id=5986&mode=chain.

5. Payment for the Goods and/or Delivery

5.1. Payment for the Product and/or Delivery within the User's placed Order can be made by the User and is regulated by the Service Payment Rules (https://foodsoul.ru/documents/policies/payments?company_id=5986&mode=chain).

6. Other conditions

6.1. The user confirms that he/she is capable and has reached the age required by the legislation of the Russian Federation to enter into agreements with the Store and/or the Delivery Service, as well as to carry out other transactions provided for by the User Agreement.

6.2. FoodSoul is not responsible for:

- Temporary failures and interruptions in the operation of the Service and functionality that allows Users to place an Order, and the losses of information caused by them, as well as the integrity, accuracy, and timeliness of its transmission and delivery.

- Reliability, quality and speed of the Service, as well as the security of the information created, used and obtained by the User.

6.3. User's communication with FoodSoul and the Store should be directed through the "Contact Us" service in the "Balance | Novotitarovskaya" Application or to the correspondence address indicated below. The Service functionality may also provide other ways for the User to send inquiries to FoodSoul and/or the Store.

6.4. Unless otherwise specified by the Store, all prices listed on the Service include VAT.

6.5. Providing a discount on the cost of the Product and/or Delivery is carried out in cases and in the order provided for by the Service promotion Terms (https://foodsoul.ru/documents/policies/conditions?company_id=5986&mode=chain).

Name: IP Suharev Dmitriy Sergeevich
Mailing address: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3
Phone: +7 (800) 100-66-78
Email: info@fs.me

End-User License Agreement for Mobile Application

Before using the program, please read the terms of the following license agreement.

Any use of the Program by you implies your full and unconditional acceptance of the terms of this license agreement.
If you do not accept the terms of the license agreement in full, you are not allowed to use the program for any purpose.

1. General provisions

1.1. This License Agreement ("License") establishes the terms of use of the "Balance | Novotitarovskaya" program, version for Android and iOS, (hereinafter, any of the above programs is referred to as the "Program") and is concluded between any person using the Program ("User") and IP Suharev Dmitriy Sergeevich (INN: 434585008315, OGRN: 316435000063230, Fakticheskoe raspolozhenie organizacii: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3), being the copyright holder of the exclusive right to the Program ("Copyright Holder").

1.2. By copying the Program, installing it on your mobile device, or using the Program in any way, the User expresses their full and unconditional agreement with all the terms of the License.

1.3. The use of the Program is only allowed under the terms of this License. If the User does not accept the terms of the License in full, the User is not allowed to use the Program for any purpose. The use of the Program in violation (non-compliance) with any of the License terms is prohibited.

1.4. The use of the Program by the User for personal non-commercial purposes is free of charge under the terms of this License. The use of the Program under conditions and methods not provided for by this License is possible only on the basis of a separate agreement with the Rights Holder.

1.5. By using the Program, the User agrees that the following documents IP Suharev Dmitriy Sergeevich (INN: 434585008315, OGRN: 316435000063230, Fakticheskoe raspolozhenie organizacii: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3) are an integral part of this License.

"User agreement of the service" located at: https://foodsoul.ru/documents/policies/agreement?company_id=5986&mode=chain.
and also documents IP Suharev Dmitriy Sergeevich (INN: 434585008315, OGRN: 316435000063230, Fakticheskoe raspolozhenie organizacii: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3), the terms of which fully apply to the use of the Program:

Payment rules of the Service (https://foodsoul.ru/documents/policies/payments?company_id=5986&mode=chain).
The specified documents (including any of their parts) may be modified by the Copyright Holder without any special notice, the new version of the documents comes into effect from the moment of their publication, unless otherwise provided by the editorial office.

1.6. This License and all relationships related to the use of the Program shall be subject to the law of the Russian Federation, and any claims or lawsuits arising from this License or the use of the Program shall be filed and heard in the court at the location of the Copyright Holder.

1.7. The copyright holder may provide the User with a translation of this License from Russian into other languages, however, in the event of any discrepancy between the terms of the License in Russian and its translation, the Russian version of the License shall prevail and have legal force.

1.8. All terms used in this License Agreement are interpreted in accordance with the User Agreement.

2. Rights to the Program

2.1. The exclusive right to the Program belongs to the Rights Holder.

3. License

3.1. The copyright holder grants the User a non-exclusive license to use the Program free of charge, on the terms of a simple license, throughout the territory of all countries in the world, in the following ways:

- Apply the Program for direct functional assignment, for this purpose make a copy and install (reproduce) it on the mobile device(s) of the User. The User has the right to install the Program on an unlimited number of mobile devices. When installing each copy of the Program on a mobile device, an individual number is assigned, which is automatically notified to the Right Holder.

- To reproduce and distribute the Program for non-commercial purposes (free of charge).

4. Limitations

4.1. Except for the use in volumes and ways directly provided by this License or the legislation of the Russian Federation, the User is not entitled to modify, decompile, disassemble, decrypt, and perform other actions with the object code of the Program aimed at obtaining information about the implementation of algorithms used in the Program, create derivative works using the Program, as well as to perform (allow performing) any other use of the Program without the written consent of the Copyright Holder.

4.2. The user is not allowed to reproduce and distribute the Program for commercial purposes (including for a fee), including as part of collections of software products, without the written consent of the Copyright Holder.

4.3. The user is not allowed to distribute the Program in a form different from the one in which they received it, without the written consent of the Right holder.

4.4. The program should be used (including distributed) under the name: "Balance | Novotitarovskaya". The user is not entitled to change the name of the Program, modify and/or delete the copyright notice or any other indication of the Rights Holder.

5. Conditions for using individual functions of the Program

5.1. Some functions of the Program can only be performed with access to the Internet. The user independently obtains and pays for such access on the terms and rates of their communication operator or Internet service provider.

5.2. The program allows the User to familiarize themselves with information about the "Balance | Novotitarovskaya" service, about the conditions of User registration in the "Balance | Novotitarovskaya" service, as well as the ability to use the "Balance | Novotitarovskaya" service to the extent corresponding to the User's level of access in the "Balance | Novotitarovskaya" service at the time of using the Program, including the ability to place orders for food / goods using the "Balance | Novotitarovskaya" service, as well as perform other actions provided by the User Agreement.

5.3. The User gives the Right Holder (hereinafter referred to as FoodSoul) consent to process personal information (including personal data) of the User by the Right Holder, to transfer personal data of the User by the Right Holder to the partners of the Right Holder, as well as to process personal information by the partners of the Right Holder for the purpose of providing services to the User within the "Balance | Novotitarovskaya" service. When using the Program, the User's personal information is transferred to IP Suharev Dmitriy Sergeevich and IP Egiyan Nelli Romaevna, for processing on the terms and for the purposes defined in the Privacy Policy of IP Suharev Dmitriy Sergeevich, available for review at: https://foodsoul.ru/documents/policies/privacy-policy?company_id=5986&mode=chain.

5.4. The program allows the User to familiarize themselves with information about the "Balance | Novotitarovskaya" service, the conditions for User registration in the "Balance | Novotitarovskaya" service, as well as the ability to use the "Balance | Novotitarovskaya" service to the extent that corresponds to the User's level of access in the "Balance | Novotitarovskaya" service at the time of using the Program, including the possibility, if the necessary level of access is available in the "Balance | Novotitarovskaya" service, to order food using the "Balance | Novotitarovskaya" service, as well as perform other actions provided by the User Agreement of the "Balance | Novotitarovskaya" service.

5.5. The user hereby acknowledges and agrees that the Program transmits to the Rights Holder data about the exact location and movement parameters of the User, obtained from the GPS device, and/or about the approximate location of the User, determined by the active cell of the communication operator, whose SIM card is currently being used in the User's mobile device.

5.6. The user is hereby notified and agrees that the Program uses the MapKit service from Yandex.Maps. By using the Program, the user agrees to the Terms of Use of Yandex.Maps, available for review at: https://yandex.com/legal/maps_termsofuse, as well as the fact that the Program uses the Maps SDK service from Google Maps. By using the Program, the user agrees to the Terms of Use of Google Maps, available for review at: https://google.com/intl/en/help/terms_maps.

6. Responsibility under the License

6.1. The program is provided "as is". The copyright holder does not provide any warranties regarding the error-free and uninterrupted operation of the Program or its individual components and/or functions, the compatibility of the Program with specific goals and user expectations, and does not provide any other warranties not expressly stated in this License.

6.2. The copyright holder is not responsible for any direct or indirect consequences of any use or inability to use the Program and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Program or its individual components and/or functions, including possible errors or failures in the operation of the Program, except as expressly provided by law.

6.3. All questions and claims related to the use or inability to use the Program, as well as possible violations of legislation and/or rights of third parties by the Program, should be directed through the "Contact Us" service in the "Balance | Novotitarovskaya" Application, or to the correspondence address provided below. The Service functionality may also include other ways for the User to submit inquiries to FoodSoul and/or the Store.

7. Updates / new versions of the Program

7.1. The action of this License extends to all subsequent updates / new versions of the Program. By agreeing to install an update / new version of the Program, the User accepts the terms of this License for the corresponding updates / new versions of the Program, if the update / installation of a new version of the Program is not accompanied by another license agreement.

8. Changes to the terms of this License

8.1. This license agreement may be modified by the Rights Holder unilaterally. The User is notified of the changes made to the terms of this License on the page: https://foodsoul.ru/documents/policies/license?company_id=5986&mode=chain. The specified changes to the terms of the license agreement shall come into effect from the date of their publication, unless otherwise stated in the corresponding publication.

Service terms and conditions

1. General provisions

1.1. In these Terms of Use of the "Balance | Novotitarovskaya" Service, the following terms and definitions are used:

    - FoodSoul – IP Suharev Dmitriy Sergeevich.

    - Promo code is a specific sequence of characters, upon activation and compliance with other conditions of its use, the User is provided with a Discount, Gift, and points are credited to their Personal account. The promo code can be brought to the User's attention by indicating it in the Coupon or on the Store's Website, as well as by other means.

    - Discount - a discount provided to the User on the cost of the ordered Goods and Delivery of the Goods to the User, as specified by the Store and communicated to the client in the Coupon, on the Website or by other means. The size of the Discount is indicated including VAT, if applicable.

    - Coupon - a document (including a paper card or other promotional material; a poster or other medium intended for public viewing; any other promotional material; information in electronic form) containing a Promo code and terms of providing a Discount.

    - Website - a page on the Internet that contains a Promocode and conditions for providing a Discount.

    - Service "Balance | Novotitarovskaya", Service means all websites, computer programs (including Application "Balance | Novotitarovskaya", other programs for mobile devices) of IP Suharev Dmitriy Sergeevich and IP Egiyan Nelli Romaevna or its affiliates, providing the User of the Service with the opportunity to place an Order for Goods and Delivery on the terms provided in the User Agreement.

    - Conditions - these are the terms of the Service promotions posted on the Internet at https://foodsoul.ru/documents/policies/conditions?company_id=5986&mode=chain.

    - User agreement - a document located on the Internet at: https://foodsoul.ru/documents/policies/agreement?company_id=5986&mode=chain, which represents an offer to the User to use the Service.

1.2. Other terms used in these Terms and Conditions are interpreted in accordance with the User Agreement.

1.3. These Terms are valid indefinitely.

1.4. Users must familiarize themselves with the Terms. By activating the Promo Code, sending an Order with a discount, with a gift, with payment by points, the User confirms full familiarization and agreement with these Terms.

2. Terms of use for promo codes, discounts, gifts, and points.

2.1. The Promo Code and Discount Order, with a gift, with payment by points, allows you to receive a Discount only at the discretion of the Store.

2.2. A promotional code and an order with a discount, a gift, or payment with points may provide the following conditions for granting a discount:

    - Discount, gift only for the first Order using the Service: the first Order is determined by the phone number specified by the User on the Service and the assigned identifier.

    - Discount, gift, payment with points are only available if specific parameters are selected when Ordering the Product and Delivery using the Service.

    - Discount, gift, payment with points are only available when Ordering a Product and Delivery using the Service within a specific territory (including restrictions on cities, starting and/or ending points of the route) and/or within a specific timeframe.

    - Discount, gift, payment with points (based on the entered promo code or without entering it) can be applied simultaneously or not summed up depending on the Store's decision.

    - Discount, gift (based on the entered promo code or without entering it), entering the promo code may exclude the accrual of points or cancel the possibility of payment with points depending on the Store's decision.
After the expiration of the Promo Code, it becomes invalid. In case the territory and/or period are not specified in the Coupon, on the Website, and/or not communicated to the User in any other way, the territory is considered to be limited to the limits of the city and region where the distribution of Coupons / Promo Codes is organized; the period is considered to be a limited period during which the corresponding Coupon / Promo Code is available for public information.

2.3. The promo code can only be used once by one User, unless otherwise specified in the Coupon, on the Website, or in the information provided to the User in another way.

2.4. The difference between the cost of the Goods and Delivery ordered by the User and the amount of the Discount, as well as the Discount amount itself, is not paid in cash.

2.5. The discount is only provided when ordering Goods and Delivery from partners (Stores and/or Suppliers) of FoodSoul, offered for selection by the Promo Code Service and ordering with a discount, with a gift, with payment by points.

2.6. The promo code provides a Discount only if it is activated when placing an Order using the Service and complying with the rules of clause 1.5, 2.2 of these Terms.

2.7. The discount is provided in relation to the cost of the Product and the cost of Delivery if the Delivery is paid for by the User within the framework of the User's Order. The User is obliged to independently pay for the part of the cost of the Product and/or Delivery not covered by the Discount amount.

3. Other conditions

3.1. In order to counteract the unfair use of Promo Codes and/or abuses when using Promo Codes, FoodSoul reserves the right to apply other methods of verification not explicitly stated in these Terms, including but not limited to: checking that the User is indeed placing their first Order using the Service, that the User is not an employee or representative of the Store or a counterparty of the Store and FoodSoul from which they received the Promo Code, as well as refusing to provide the Discount in case of detecting such abuses and/or unfair use of the Promo Code.

3.2. The use of the Promo Code may be unavailable for technical reasons if the User fails to comply with the conditions of application of the Promo Code, Discount, Gift, Points, and/or for other reasons in the mobile application "Balance | Novotitarovskaya". Due to technical reasons, the Promotion, the use of which requires non-cash payment for the Order, may be unavailable in case of changing the payment method to cash and/or subsequent change of the payment method back to non-cash.

3.3. FoodSoul is not responsible for non-performance or improper performance of obligations, as well as for any direct, indirect, special losses and damages of Users related to the provision of Promo Codes, Discounts, Gifts, Points in accordance with these Terms, which are the result of failures in telecommunications and power networks, actions of malicious programs, unfair actions of third parties aimed at unauthorized access and/or disabling of software and hardware, as well as other unforeseen circumstances of force majeure. FoodSoul is not obliged to compensate for losses to Users in such cases.

3.4. FoodSoul may refuse to provide the User with a Promo Code, Discount, Gift, Points, if they have provided false information about themselves or otherwise violated these Terms.

3.5. In everything that is not provided for in these Terms, FoodSoul and the User shall be governed by the terms of the User Agreement.

Privacy Policy FoodSoul

Publication date: April 1, 2020
The current version is available at: https://foodsoul.ru/documents/policies/privacy-policy?company_id=5986&mode=chain
What does this privacy policy regulate?
This Privacy Policy (hereinafter referred to as the "Policy") applies to all information, including personal data within the meaning of applicable law (hereinafter referred to as "Personal Information"), that IP Suharev Dmitriy Sergeevich and/or its affiliates (hereinafter referred to as "FoodSoul") may obtain about you in the process of your use of any websites, programs, products, and/or services of FoodSoul (hereinafter collectively referred to as the "Services"), information about which you can find on the websites of FoodSoul and the Store, as well as in the course of FoodSoul's performance of any agreements and contracts concluded with you in connection with your use of the Services. FoodSoul may also receive Personal Information from its partners (hereinafter referred to as "Partners"), whose websites, programs, products, or services you use. In such cases, the transfer of Personal Information is possible only in cases established in accordance with Article 18.1 of the Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data", and is carried out on the basis of special agreements between FoodSoul and each of the Partners. Please note that the use of any of the Websites and/or Services may be subject to additional terms and conditions that may amend and/or supplement this Policy.

2. Who processes the information

To ensure your use of the Websites and Services, Your Personal Information is collected and used by an entity created under the legislation of the Russian Federation IP Suharev Dmitriy Sergeevich (INN: 434585008315, OGRN: 316435000063230, Fakticheskoe raspolozhenie organizacii: Rossiya, g.Kaliningrad, 236006, ul.Frunze d.51 ofis 4-3) or its affiliated entity providing the relevant Service.

3. What is the purpose of this Policy?

The protection of your Personal Information and your confidentiality is extremely important to FoodSoul. Therefore, when you use FoodSoul Services, your Personal Information is protected and processed in strict accordance with the Federal Law of 27.07.2006 N 152-FZ "On Personal Data".

In accordance with our obligations to protect your Personal Information, in this Policy we would like to provide you with the most transparent information about the following points:

    - Why and how FoodSoul uses ("processes") your Personal Information when you use the Services

    - What is the role and responsibilities of FoodSoul as a legal entity deciding why and how to process your Personal Information

    - What are your rights within the framework of the processing of Personal information.

4. What Personal Information about You does FoodSoul collect?

FoodSoul does not verify the Personal Information provided by you and cannot judge its accuracy, as well as whether you have sufficient legal capacity to provide your Personal Information. However, FoodSoul assumes that you provide accurate and sufficient Personal Information and promptly update it.

FoodSoul may collect the following categories of Personal Information about you when you use the Websites and Services:

    - User login

    - Device and user identifier

    - Purchases and purchase history

    - Personal information provided by you when placing an order, such as: physical address, name, phone number, comments and other information left when placing an order.

    - Personal information provided by you when filling in the Profile section, such as your name, phone number, email address, address, and age.

    - electronic data (HTTP headers, IP address, cookies, web beacons/pixel tags, browser identifier data, hardware and software information)

    - date and time of accessing the Services

    - information about your activity during the use of the Services (for example, search history; changes in delivery address, and others)

    - Geolocation information

    - other information about you necessary for processing in accordance with the terms governing the use of the Services

    - Information about you that we receive from our Partners (Stores) in accordance with the terms of agreements concluded between you and the respective Partner, and agreements concluded between FoodSoul and the Partner.

    - Text information and media content (images) uploaded by you when using the Services.

FoodSoul does not intentionally collect sensitive Personal Information (such as race or ethnic origin, political views, health information, and biometric data).

FoodSoul does not collect data to create a user "profile" to the extent that it could significantly affect your rights and freedoms.

5. What is the legal basis and purpose of processing your Personal information

FoodSoul is not authorized to process your Personal Information without sufficient legal grounds. Therefore, FoodSoul processes your Personal Information only in the following cases:

    - processing is necessary to comply with legal obligations

    - When required by applicable law, processing is necessary to protect the legitimate interests of FoodSoul, provided that such processing does not override your interests, fundamental rights, and freedoms. Please note that when processing your personal information on this basis, FoodSoul will always strive to maintain a balance between its legitimate interests and protecting your confidentiality.

FoodSoul processes your Personal Information to pursue its legitimate interests, for example, in the following cases:

        • to better understand how you interact with our Services

        • to improve, modify, personalize or otherwise enhance the Services for the benefit of all users.

        • to offer you other products and services FoodSoul or other companies that, in our opinion, may interest you (i.e. show you ads that take into account your interests)

    - For specific purposes, we may request your separate consent to process your Personal Information.

FoodSoul always processes your Personal Information for specific purposes and only the Personal Information that is relevant to achieving such purposes. In particular, we process your Personal Information for the following purposes:

    - providing advertising and offers taking into account your preferences and other Personal Information about you available to FoodSoul and the Store

    - improvement of usability of Services

    - creation of new products, utilities and applications

    - protection of your rights and the rights of FoodSoul

    - collection, processing, and presentation of statistical data, big data, and other research.

6. How FoodSoul protects your Personal Information

In most cases, Personal Information is processed automatically without any access to it by FoodSoul or the Store employees. If such access is required, it can only be granted to those FoodSoul or Store employees who need it to perform their tasks. To protect and ensure the confidentiality of the data, all employees must comply with internal rules and procedures regarding the processing of Personal Information. They must also adhere to all technical and organizational security measures in place to protect your Personal Information.

FoodSoul has also implemented sufficient technical and organizational measures to protect Personal Information from unauthorized, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access, as well as other unlawful forms of processing. These security measures have been implemented taking into account the modern level of technology, the cost of their implementation, the risks associated with processing and the nature of the Personal Information.

7. Who else has access to your Personal information and to whom it may be disclosed

7.1. Within the FoodSoul

FoodSoul may transfer your Personal Information to its employees (within the limits specified in section 6 of this Policy). FoodSoul may also transfer your Personal Information to its affiliated entities, including Stores. In all cases, Personal Information will also be processed only for the purposes set out in section 5 of this Policy, unless otherwise provided by the terms of use of the Services provided by FoodSoul.

7.2. Outside FoodSoul

FoodSoul may transfer Personal Information to the Store, for the purposes stated in section 5 of this Policy and for the purposes stated in the User Agreement.

FoodSoul can also transfer Personal Information to third parties:

    - to third parties to whom rights or obligations have been assigned or novated under the relevant agreement.

    - to any national and/or international regulatory body, law enforcement agencies, central or local executive authorities, other official or state bodies or courts, to which FoodSoul is obliged to provide information in accordance with applicable legislation upon the respective request.

    - to third parties, if you have given your consent to the transfer of your Personal Information or if the transfer of Personal Information is necessary for the provision of the relevant Service to you or for the performance of a specific agreement or contract concluded with you.

    - to any third party for the purpose of ensuring the legal protection of FoodSoul or third parties in the event of your violation of the User Agreement (https://foodsoul.ru/documents/policies/agreement?company_id=5986&mode=chain), this Policy, or the terms governing the use of specific Services, or in situations where there is a threat of such violation.

8. Where is your Personal Information stored and processed?

Your Personal Information will be stored in the Russian Federation.

FoodSoul performs the recording, systematization, accumulation, storage, clarification (updating, changing), extraction of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation.

9. How long do we store your Personal Information?

FoodSoul will store your Personal Information for as long as necessary to achieve the purpose for which it was collected, or to comply with applicable laws and regulations.

If you want any of your Personal Information to be deleted from FoodSoul's databases, you can delete the necessary Personal Information yourself using your account or through the interface of the Services (where applicable).

10. Your rights

10.1. What rights do you have?

If provided by applicable law, you have the right to access your Personal Information processed by FoodSoul and the Store in accordance with this Policy.

If you believe that any information stored by FoodSoul about you is incorrect or incomplete, you can go to the Profile section and correct your Personal Information yourself.

If provided by applicable law, you have the right to:

demand the removal of your Personal Information
require restrictions on processing of Your Personal Information
request a copy of the Standard Contractual Clauses allowing the transfer of your Personal Information to Russia as specified in section 8 of this Policy.
to object to the processing of your Personal Information if permitted by applicable law.
FoodSoul and the Store will perform the specified requests in accordance with applicable legislation.

In cases provided by applicable legislation, you may also have other rights not mentioned above.

10.2. How can you exercise your rights

If you are dissatisfied with how FoodSoul and the Store handle your Personal Information, please let us know and we will consider your complaint. If you are not satisfied with the response from FoodSoul and the Store, you have the right to file a complaint with the competent authority.

11. How we use cookie files and other similar technologies in the application or when you use the Service

11.1. What are cookies and what does FoodSoul use them for?

Cookie files are small text files placed on the device you use to access the application. They contain information that is collected from your device and sent each time it is launched to remember your actions and preferences over time.

11.2. How long are cookies stored on your device?

FoodSoul uses information stored in cookie files, after which the collected data will be stored on your device for a period that may depend on the corresponding type of cookie files, but not exceeding the time required to achieve their purpose, after which they will be automatically deleted from your system.

11.3. Who else has access to the information contained in cookie files?

Personal information collected through cookies placed on your device may be transferred and made available to FoodSoul and/or third parties specified in Section 7 of this Policy.

12. Update of this Policy

This Policy may be subject to changes. FoodSoul has the right to make changes at its discretion, including but not limited to, cases where such changes are related to changes in applicable legislation, as well as when such changes are related to changes in the operation of the Service.

FoodSoul undertakes not to make any material changes, impose additional burdens or restrictions on your rights established by this Policy without your notification. You will be informed of such changes. Relevant notifications may be displayed on the Store's Website before such changes take effect or may be sent to you through other communication channels (e.g. email, if you have provided us with your contact information).

Privacy Policy of the Store

This Privacy Policy for personal data (hereinafter referred to as the Privacy Policy) applies to all information that the Site may obtain about the User while viewing the site.

1. Definition of terms

1.1 The following terms are used in this Privacy Policy:

    - "Store" - a legal entity or individual entrepreneur that prepares and/or sells Goods to Service Users when they place an Order, as well as delivers Goods to Service Users if such an option is provided on the Service. Acts as a personal data processor.

    - "Personal data" means any information relating to an identified or identifiable natural person (data subject).

    - "Processing of personal data" means any action (operation) or set of actions (operations) performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

    - "Confidentiality of personal data" - a requirement for the Operator or any other person who has access to personal data to comply with, which prohibits their distribution without the consent of the subject of personal data or the presence of another legal basis.

    - "Website user" (hereinafter referred to as the User) is a person who has access to the Website through the Internet and uses the Website.

2. General provisions

2.1. The use of the Site by the User implies agreement with this Privacy Policy and the terms of processing the User's personal data.

2.2. In case of disagreement with the terms of the Privacy Policy, the User must cease using the Site.

2.3. This Privacy Policy applies only to this website. The store does not control and is not responsible for third-party websites that the User may access through links available on the Site.

2.4. The store does not verify the accuracy of the personal data provided by the Site User.

3. Privacy Policy

3.1. This Privacy Policy sets out the obligations of the Store regarding the non-disclosure and protection of the confidentiality of personal data that the User provides at the request of the Store when registering on the Website or when placing an order to purchase a Product, provide Services or perform Work.

3.2. Personal data allowed for processing under this Privacy Policy is provided by the User by filling out the form on the Website and may include the following information:

    - Last name, first name, patronymic of the User;

    - User's contact phone number.

    - Email address.

    - Delivery address of the Product or place of provision of the Services (if required);

    - User's place of residence (if required);

    - User's geolocation (if necessary);

    - User Purchase History;

    - Textual information and media content uploaded by Users.

3.3. The store may use the "Yandex.Metrica" and "Google Analytics" services to collect information about the use of the Site, such as the frequency of visits by Users, visited pages and websites that Users were on before transitioning to this Site. The mentioned services only collect IP addresses assigned to the User on the day of visiting this Site, but not the name or other identifying information. The store may use the information obtained through the "Yandex.Metrica" and "Google Analytics" services only to improve the services on this Site. The store does not combine the information obtained through the "Yandex.Metrica" and "Google Analytics" services with personal information.

3.4. Any other personal information not mentioned above must be securely stored and not disclosed, except in cases provided for in clauses 5.2. and 5.3. of this Privacy Policy.

4. Goals of collecting user's personal information

4.1. The Store may use the User's personal data for the following purposes:

    - User identification registered on the Site for placing an order and/or concluding a contract of sale of goods or provision of services remotely.

    - Providing User with access to personalized Site resources.

    - Establishment of feedback with the User, including sending notifications, inquiries regarding the use of the Site, provision of services, processing of User's requests and applications.

    - User location definition for security and fraud prevention.

    - Confirmation of the accuracy and completeness of the personal data provided by the User.

    - Creating an account for making purchases or ordering services, if the User has given consent to creating an account.

    - User Notifications about Order Status.

    - Processing and receiving payments, disputing payments by the User.

    - Providing the User with effective customer and technical support in case of any issues related to the use of the Website.

    - Provision of updates to the User with his consent, product or service offerings, special offers, price information, newsletters and other information on behalf of the Website or on behalf of the Website's partners.

    - Implementation of advertising activities with the User's consent.

    - Provision of access to the User to partner websites or services of the Site in order to obtain products, updates, and services.

5. Methods and terms of processing personal information.

5.1. Processing of the User's personal data is carried out without any time limit, by any lawful means, including in personal data information systems using automation tools or without using such tools.

5.2. The User agrees that the Store has the right to transfer personal data to third parties solely for the purpose of fulfilling the User's order placed on the Website, including the delivery of the Goods, provision of Services, or execution of Work.

5.3. User's personal data may be transferred to authorized state authorities of the Russian Federation only on the grounds and in the manner established by the legislation of the Russian Federation.

5.4. In the event of loss or disclosure of personal data, the Store informs the User about the loss or disclosure of personal data.

5.5. The store takes necessary organizational and technical measures to protect the user's personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other
unlawful actions of third parties.

5.6. The store, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data.

6. Obligations of the parties.

6.1. The user must:

    - Provide the information about personal data necessary for using the Website.

    - Update, supplement the provided information about personal data in case of any changes to this information.

6.2. The store must:
    - Use the information obtained exclusively for the purposes specified in clause 4 of this Privacy Policy.

    - Ensure the storage of confidential information in secrecy, do not disclose it without the prior written permission of the User, as well as do not sell, exchange, publish, or disclose in any other possible ways the transferred personal data of the User, except for paragraphs 5.2. and 5.3. of this Privacy Policy.

    - Take precautions to protect the confidentiality of the User's personal data in accordance with the procedures commonly used to protect such information in existing business practices.

    - To block personal data related to the relevant User from the moment of the User's request or inquiry or from their legal representative or authorized body for the protection of the rights of personal data subjects for the period of verification, in case of identification of inaccurate personal data or unlawful actions.

    - Remove personal data within 10 working days from the date of the User's or their legal representative's request.

7. Responsibility of the parties

7.1. A store that fails to fulfill its obligations is responsible for the losses incurred by the User due to the unlawful use of personal data, in accordance with the legislation of the Russian Federation, except for the cases provided for in clauses 5.2, 5.3, and 7.2 of this Privacy Policy.

7.2. In case of loss or disclosure of Confidential information, the Store is not responsible if this confidential information:

    - Became public domain until its loss or disclosure.

    - It was received from a third party until it was received by the Store.

    - It was disclosed with the User's consent.

8. Dispute resolution

8.1. Before filing a lawsuit regarding disputes arising from the relationship between the Website User and the Store, it is mandatory to submit a claim (a written proposal for voluntary dispute resolution).

8.2. Within 30 calendar days from the day of receiving the claim, the recipient of the claim notifies the claimant in writing about the results of the claim consideration.

8.3. In case of failure to reach an agreement, the dispute will be referred to a judicial body in accordance with the current legislation of the Russian Federation.

8.4. This Privacy Policy and the relationship between the User and the Store are governed by the current legislation of the Russian Federation.

9. Additional conditions

9.1. The store has the right to make changes to this Privacy Policy without the User's consent.

9.2. The new Privacy Policy comes into effect from the moment it is posted on the Site, unless otherwise provided by the new version of the Privacy Policy.

Store Name: Balance | Novotitarovskaya
Store details: IP Egiyan Nelli Romaevna (INN: 233003694780, OGRN: 316237300053112, Yur. adres organizacii: Rossiya, Krasnodarskiy kray, Dinskoy rayon, stanica Novotitarovskaya)
Email: