Unofficial translation. The Russian version is the legally binding one.
1. General provisions
1.1. Individual entrepreneur ReBite (hereinafter — “ReBite”, the “Platform”), offers legal entities and individual entrepreneurs operating in the food service sector (hereinafter — the “Partner”) to enter into this agreement on granting access to the ReBite software suite (service) on the terms set out below.
1.2. This document is a public offer within the meaning of the Civil Code of the Republic of Kazakhstan (hereinafter — the “Civil Code of the RK”). The Partner’s performance of the set of actions listed in clause 1.3 of this Offer is recognised, in accordance with the Civil Code of the RK, as full and unconditional acceptance of this Offer (hereinafter — “Acceptance”) and is equivalent to concluding an agreement on the terms contained herein.
1.3. Acceptance of this Offer is recognised as the Partner’s performance of the following set of actions:
– completing registration in the Platform’s Personal Account with submission of the requested account and identification data;
– confirming agreement with the terms of this Offer and the Privacy Policy by ticking the corresponding box in the Personal Account interface;
– performing at least one of the following actions: connecting the POS integration, publishing offers on the Platform, or accepting the first order.
1.4. An agreement concluded on the basis of Acceptance is deemed concluded in simple written form and does not require signing on paper.
1.5. ReBite has the right to amend the terms of this Offer, having notified the Partner at least 10 (ten) calendar days before the date the amendments take effect, by publishing the updated version in the Personal Account and sending a notice to the Partner’s email address provided at registration. Amendments apply exclusively to orders placed after the date the amendments take effect. Continued use of the Platform after the amendments take effect constitutes the Partner’s agreement with the new version of the Offer. Should the Partner disagree, the Partner has the right to terminate the agreement in the manner set out in section 12 of this Offer.
1.6. Processing of personal data transferred and received in the course of performance of this Offer is carried out in accordance with the legislation of the Republic of Kazakhstan on personal data and its protection and with the ReBite Privacy Policy, which forms an integral part of this agreement.
2. Terms and definitions
2.1. Platform (ReBite Service) — the body of software, including the mobile application for Customers, the Partner’s Personal Account and the server infrastructure, providing automated publication, reservation and accounting of the sale of the Partner’s surplus prepared food.
2.2. Partner — a legal entity or individual entrepreneur registered in the Republic of Kazakhstan, operating in the food service sector, which has completed registration on the Platform and accepted this Offer.
2.3. Customer (User) — a natural person registered in the ReBite mobile application who purchases the Partner’s products through the Platform.
2.4. Personal Account — a secured section of the Platform available to the Partner after authentication, intended for managing integration settings, monitoring orders, viewing statistics and receiving notifications.
2.5. POS system — the Partner’s hardware and software point-of-sale suite (iiko, R-Keeper, Poster and/or other compatible systems) with which the Platform integrates via API to obtain data on prepared-food stock.
2.6. POS integration (API integration) — automated exchange of information between the Platform and the Partner’s POS system by means of an application programming interface (API), enabling the Platform to obtain data on the Partner’s stock, menu and prices in near real time.
2.7. Offer (listing) — information published on the Platform about a specific item or a set of items (a ReBite box) from the Partner’s range, available for reservation by a Customer at a discounted price set by the Partner.
2.8. ReBite box — a listing format consisting of a set of the Partner’s product items, the composition of which may vary, sold to the Customer at a fixed discounted price.
2.9. Reservation (Order) — the Customer’s expression of intent to purchase the Partner’s products under a specific listing, confirmed by payment for the Reservation Service through the mobile application.
2.10. Collection window — the time interval set by the Partner in the Personal Account or determined by the Platform on the basis of POS system data, during which the Customer must collect the reserved products at the Partner’s venue (self-collection / takeaway).
2.11. Reservation Service — the paid service rendered by ReBite to the Customer, consisting in reserving the Partner’s listing for a specific Customer and notifying the Partner of the reservation, enabling the Customer to collect the reserved products within the Collection window.
2.12. ReBite Commission (Remuneration) — the fee charged by ReBite to the Customer for rendering the Reservation Service, amounting to 10 (ten) per cent of the value of the products under the listing published on the Platform.
2.13. Payment operator — a licensed payment organisation that accepts and processes Customers’ online payments for the Reservation Service by means of internet acquiring.
3. Subject of the agreement
3.1. Under this agreement ReBite undertakes to grant the Partner access to the ReBite Service, and the Partner undertakes to comply with the terms of this Offer, including to ensure proper fulfilment of Orders received through the Platform.
3.2. Within the Service, ReBite provides:
– POS integration with the Partner’s point-of-sale system (iiko, R-Keeper, Poster and/or other compatible POS systems) via API for automatic retrieval of prepared-food stock data — subject to technical compatibility of the versions of the Partner’s software and the Partner holding a valid licence for the relevant POS system;
– automatic or manual (through the Personal Account) publication of listings and ReBite boxes in the mobile application for Customers;
– acceptance of online payment for the Reservation Service from Customers by means of acquiring;
– notification of the Partner of received Reservations through the Personal Account and/or the POS system;
– provision to the Partner, on request, of access to analytical data on Orders through the Personal Account, confirming the number and status of orders reserved through the Platform, for the Partner’s own accounting purposes.
3.3. Role of the Platform. ReBite is an information-technology intermediary (service operator) and renders to Customers solely the Reservation Service. ReBite is not a party to the sale-and-purchase transaction for products between the Partner and the Customer, does not act as seller, reseller, commission agent or agent for the sale of the Partner’s products, does not enter into employment or contractor relations with the Partner’s personnel, does not acquire title to the Partner’s products and does not bear a seller’s liability within the meaning of the legislation of the Republic of Kazakhstan on consumer protection.
4. Financial terms and settlement procedure
4.1. The ReBite Commission amounts to 10 (ten) per cent of the value of the products under the Partner’s listing and is charged directly to the Customer at the moment the Reservation is placed through the mobile application, as a fee for the Reservation Service.
4.1.1. The minimum Order amount (the value of the products under the listing) is 1,000 (one thousand) tenge. Reservation of an Order below the minimum amount is not permitted.
4.2. Funds paid by the Customer towards the ReBite Commission are credited to ReBite’s settlement account through the acquiring system, constitute ReBite’s own income (remuneration) and are not the Partner’s funds. ReBite makes no payments to the Partner out of the Commission amount and withholds no amounts from it in the Partner’s favour.
4.3. The remaining part of the value of the products (90% of the listing value) is paid by the Customer directly to the Partner upon collection of the Order at the Partner’s venue (in cash or by cashless means — at the Partner’s discretion). ReBite does not participate in the acceptance, processing, accounting or transfer of this payment; settlement between the Customer and the Partner for the products takes place entirely outside the Platform’s payment system, directly between the parties to the sale-and-purchase transaction.
4.4. The Partner independently performs fiscal registration of the sale of products to the Customer (issuing a cash register receipt or electronic receipt) in accordance with the legislation of the Republic of Kazakhstan on the procedure for introducing and using cash registers and other acts of the tax legislation of the RK. ReBite bears no liability for the Partner’s breach of fiscal discipline.
4.5. Document flow. Where ReBite renders additional paid services to the Partner (promotion of listings, other paid features), ReBite issues the Partner electronic invoices and acts of work performed (services rendered) within the time limits established by the legislation of the Republic of Kazakhstan on taxes and other obligatory payments to the budget, via the electronic document management system (EDM).
4.6. ReBite has the right to change the amount of the Commission, having notified the Partner in the manner set out in clause 1.5 of this Offer. The changed Commission amount applies to Reservations made after the date the changes take effect.
4.7. Acceptance of online payments for the Reservation Service is carried out through the Payment operator — in accordance with the Payment Card Industry Data Security Standard (PCI DSS). ReBite does not receive, does not store and has no access to Customers’ full bank card data (card number, expiry date, CVV/CVC, 3-D Secure code). Storage, processing and protection of Customers’ card data are performed exclusively by the Payment operator in accordance with PCI DSS. Liability for a leak of card data occurring on the Payment operator’s side lies with the Payment operator.
4.8. Disputed transactions (chargebacks). The risk of losses from disputed transactions (chargeback, dispute) on payments for the Reservation Service is borne by ReBite. Upon receipt of a chargeback request from an issuing bank, ReBite undertakes to:
– provide the Payment operator with documents confirming that the Reservation Service was rendered (Reservation data, confirmation that the Order was handed over by the Partner) within 10 (ten) business days;
– reimburse the amount of a satisfied chargeback request out of its own funds. The Payment operator has the right to withhold the chargeback amount from the funds payable to ReBite.
4.9. ReBite bears no liability for temporary unavailability of the Payment operator’s payment gateway, delays in transaction processing, refusals to authorise a payment on the part of the issuing bank or the Payment operator, or for other failures arising outside the Platform’s infrastructure. Where an online payment cannot be made for reasons beyond ReBite’s control, the Reservation is deemed not to have been placed.
5. Liability for products
5.1. ReBite does not manufacture, prepare, store, pack, transport, label or certify the products sold by the Partner through the Platform. Liability for the quality, safety, composition, labelling, packaging, observance of the storage temperature regime, shelf life and other requirements of the sanitary and epidemiological legislation of the Republic of Kazakhstan lies exclusively with the Partner as the manufacturer and/or seller of the products.
5.2. The Partner warrants that all products sold through the Platform:
– comply with the requirements of the technical regulations of the Eurasian Economic Union (EAEU) and the sanitary rules in force in the Republic of Kazakhstan;
– have an unexpired shelf life at the moment of handover to the Customer;
– are stored and handed over in compliance with the established temperature regime;
– have undergone all necessary veterinary and sanitary control procedures (for products subject to such control);
– are accompanied by consumer information (composition, allergens, date of manufacture, shelf life) in accordance with the legislation of the RK.
5.3. Where products are sold in the ReBite box format, the Partner must ensure that the packaging is labelled, or inform the Customer about the presence of the main allergens (gluten, lactose, dairy products, nuts, eggs, fish, soy, etc.) at the moment the Order is handed over.
5.4. Indemnification. The Partner undertakes to reimburse ReBite in full for documented losses, including fines imposed by state authorities, court costs, legal fees and amounts of compensation paid to Customers or third parties, incurred by ReBite as a result of claims, lawsuits or inspections by state authorities relating to the quality, safety, labelling or other non-compliance of the Partner’s products with the requirements of the legislation of the RK.
5.5. Upon receipt of a substantiated complaint about the quality or safety of products, and also upon receipt of an order from an authorised state body, ReBite has the right to suspend publication of the Partner’s listings immediately until the circumstances giving rise to the suspension are remedied, having notified the Partner through the Personal Account.
5.6. This section does not limit the Customer’s right to bring claims provided for by the legislation of the Republic of Kazakhstan directly against the Partner as the seller of the products.
6. Obligations of the Partner
6.1. The Partner undertakes to:
6.1.1. Sell through the Platform exclusively products whose shelf life has not expired and which comply with the requirements of the sanitary and epidemiological legislation of the Republic of Kazakhstan.
6.1.2. Ensure that the reserved Order is handed over to the Customer in full and within the established Collection window. Unjustified refusal to hand over a paid (reserved) Order is not permitted.
6.1.3. Warrant that the aggregate price of the products paid by the Customer (ReBite Commission + payment to the Partner on the spot) corresponds to the price stated in the listing on the Platform. A unilateral price increase after the Customer has placed the Reservation is not permitted.
6.1.4. Ensure the accuracy and currency of the data transmitted from the Partner’s POS system to the Platform (stock, menu, prices, opening hours). Where listings are managed manually, update the information in the Personal Account in good time.
6.1.5. Maintain the POS integration in working order, including holding a valid licence for the POS system, a stable internet connection and a current version of the POS system software compatible with the Platform’s API.
6.1.6. Notify ReBite immediately (no later than 1 (one) business day) through the Personal Account or by email of any circumstances preventing fulfilment of accepted Reservations (early closure of the venue, technical failure, absence of the reserved products, etc.).
6.1.7. Not use the Platform to sell products whose circulation is prohibited by the legislation of the Republic of Kazakhstan, or products that are not prepared food service products.
6.1.8. Not attempt unauthorised access to the Platform’s software, disassembly, decompilation, reverse engineering or other interference with the operation of the Service.
6.1.9. Maintain the confidentiality of the credentials for access to the Personal Account and bear responsibility for all actions performed using the Partner’s account.
7. Obligations of ReBite
7.1. ReBite undertakes to:
7.1.1. Ensure the operation of the Platform (mobile application, Personal Account, API integration) with an availability level of at least 99% per month (SLA), except for scheduled maintenance of which the Partner is notified at least 24 hours in advance.
7.1.2. Accept and process Customers’ online payments for the Reservation Service through a licensed acquiring operator in accordance with the requirements of the legislation of the Republic of Kazakhstan on payments and payment systems.
7.1.3. Notify the Partner of received Reservations in near real time through the Personal Account and/or the Partner’s POS system.
7.1.4. Provide the Partner, on request (and also on an ongoing basis through the Personal Account), with aggregate data on the number, status and amounts of Reservations for the Partner’s accounting purposes.
7.1.5. Provide technical support to the Partner on matters relating to the operation of the Platform and the POS integration on business days from 09:00 to 18:00 (Astana time, UTC+6).
7.1.6. Ensure protection of the Partner’s data received through the POS integration and the Personal Account in accordance with the Privacy Policy and the legislation of the Republic of Kazakhstan.
8. Terms of POS integration
8.1. POS integration is carried out by connecting the Platform to the cloud API of the Partner’s POS system (iikoCloud, R-Keeper Cloud, Poster and/or similar). The Partner provides ReBite with API keys (access tokens) and other details necessary to configure the integration.
8.2. API keys provided by the Partner are used by ReBite exclusively for the purposes of performing this agreement. ReBite undertakes not to transfer API keys to third parties, to store them in encrypted form and to delete them within 10 (ten) business days after this agreement ceases to be in force.
8.3. ReBite receives the following categories of data from the Partner’s POS system: names and descriptions of menu items, prices, data on prepared-food stock, the venue’s opening hours. ReBite does not receive or process financial statements, revenue data, personal data of the Partner’s employees or other data not directly related to the publication of listings on the Platform, except where expressly agreed with the Partner.
8.4. ReBite bears no liability for failures, errors or incorrect data arising on the side of the Partner’s POS system or its provider (iiko, R-Keeper, etc.), including delays in data transmission, discrepancies between stock figures and actual product availability, or temporary unavailability of the POS system’s API.
8.5. Where the POS integration cannot be established or maintained for technical reasons beyond ReBite’s control, the Partner has the right to manage listings manually through the Personal Account.
9. Refund and cancellation of Reservations
9.1. Customer no-show. If the Customer has not collected the Order before the end of the Collection window, the Reservation Service is deemed to have been rendered by ReBite in full (the products were reserved, the Partner was notified and ensured readiness for handover). The ReBite Commission paid by the Customer is not refunded. Since payment for the products to the Partner is made directly upon handover, in the event of a Customer no-show the Partner receives no payment for the products. The risk of the products not being sold in the event of a Customer no-show is the Partner’s commercial risk, associated with the nature of selling perishable surplus, and is not compensated by ReBite.
9.2. Failure to hand over an Order through the Partner’s fault. If the Partner is unable to hand over a reserved Order due to circumstances within the Partner’s control (the products ran out, were given to another person, the venue closed before the end of the Collection window, refusal to hand over without justified reason, etc.), the ReBite Commission paid by the Customer for the reservation is refunded to the Customer in full. ReBite initiates the refund of the Commission to the Customer within 5 (five) business days from the moment the failure to hand over the Order is confirmed. The Commission is refunded to the bank card from which the payment was made, via the Payment operator. The period for crediting the funds to the Customer’s account is from 3 (three) to 14 (fourteen) business days from the moment the refund is initiated and depends on the bank issuing the Customer’s card. ReBite bears no liability for a delay in crediting caused by the actions of the issuing bank.
9.3. The refund of the Commission in the case provided for in clause 9.2 is made by ReBite out of its own funds. Where the Partner systematically (three or more times within 30 calendar days) breaches its obligations to hand over Orders, ReBite has the right to:
– suspend publication of the Partner’s listings;
– terminate this agreement unilaterally, giving the Partner 3 (three) business days’ notice;
– recover from the Partner documented expenses incurred by ReBite in connection with refunds of Commissions to Customers through the Partner’s fault.
The Partner must reimburse ReBite for documented expenses incurred in connection with refunds of Commissions to Customers through the Partner’s fault within 10 (ten) business days from the receipt of the corresponding demand from ReBite.
9.4. A Customer’s complaint about failure to hand over an Order is submitted through the mobile application no later than 24 (twenty-four) hours from the end of the Collection window. The Partner must provide a reasoned explanation regarding the complaint within 24 (twenty-four) hours from the moment it appears in the Personal Account. Failure to provide an explanation within that period is treated as acknowledgement that the Customer’s complaint is justified.
9.5. Cancellation of a Reservation by the Customer before the start of the Collection window is permitted in the manner and within the time limits established by the functionality of the mobile application. Where cancellation is timely, the ReBite Commission is refunded to the Customer in full. The refund is made in the manner and within the time limits established by clause 9.2 of this Offer.
9.6. Customers’ claims relating to the quality, safety, completeness or non-compliance of products are addressed directly to the Partner as the seller in accordance with section 5 of this Offer and the legislation of the Republic of Kazakhstan on consumer protection.
10. Liability of the Parties
10.1. The Parties bear liability for failure to perform or improper performance of their obligations under this agreement in accordance with this Offer and the legislation of the Republic of Kazakhstan.
10.2. The Partner’s liability for the quality and safety of products is governed by section 5 of this Offer.
10.3. ReBite bears no liability for:
– the quality, safety, composition, completeness and other characteristics of the Partner’s products;
– the completeness, timeliness and correctness of settlements between the Partner and the Customer for the products;
– the Partner’s compliance with the requirements of the fiscal and tax legislation of the RK;
– technical failures on the side of the Partner’s POS system or its provider that resulted in incorrect display of stock, prices or opening hours;
– acts or omissions of the Customer after receiving the products (improper storage, transportation, etc.);
– the Partner’s losses caused by a Customer no-show.
10.4. Limitation of ReBite’s liability. ReBite’s aggregate liability under this agreement (except in cases of intentional harm, and harm to life or health, liability for which cannot be limited by law) is limited to the amount of Commission remuneration actually received by ReBite from Customers in connection with Reservations of that Partner’s Orders over the 3 (three) calendar months immediately preceding the circumstances giving rise to the claim.
10.5. Under no circumstances shall ReBite be liable to the Partner for indirect losses, lost profit, loss of business reputation, loss of data (other than data stored on ReBite’s servers through ReBite’s fault), or for moral harm, except where such liability is mandatorily established by the legislation of the Republic of Kazakhstan.
11. Intellectual property and confidentiality
11.1. All exclusive rights to the Platform’s software, interface design, trademarks, logos, algorithms, the Service database and other intellectual property belong to ReBite or are used by ReBite on lawful grounds. This agreement grants the Partner no exclusive or other rights to those objects, save for the limited right of access to the Service in the manner and on the terms set out in this Offer.
11.2. The Partner grants ReBite a non-exclusive, royalty-free, revocable licence to use the Partner’s trademark, name, logo and photographic materials exclusively for the purposes of publishing listings on the Platform and promoting the Service. That licence is valid for the term of this agreement and terminates simultaneously with its termination.
11.3. Each Party undertakes not to disclose the other Party’s confidential information (commercial terms, technical integration data, financial indicators) that became known in connection with the performance of this agreement, except in cases provided for by the legislation of the Republic of Kazakhstan or with the prior written consent of the disclosing Party. The confidentiality obligation survives for 2 (two) years after the agreement ceases to be in force.
12. Term and termination
12.1. This agreement enters into force from the moment of the Partner’s Acceptance of the Offer and is valid indefinitely until terminated by either Party in the manner set out in this section.
12.2. Either Party has the right to terminate this agreement unilaterally and out of court, having notified the other Party at least 10 (ten) calendar days in advance through the Personal Account or by email.
12.3. ReBite has the right to terminate this agreement unilaterally without prior notice in the following cases:
– a material or systematic breach by the Partner of its obligations under this Offer (three or more breaches within 30 calendar days);
– discovery of the sale through the Platform of products whose circulation is prohibited, or which pose a danger to consumers’ life and health;
– use of the Platform by the Partner to carry out fraudulent acts;
– cessation of the Partner’s activity as a legal entity or individual entrepreneur.
12.4. Upon termination of this agreement:
– ReBite ceases publication of the Partner’s listings and blocks access to the Personal Account;
– the Partner must fulfil all Reservations accepted before the moment of termination;
– ReBite deletes the Partner’s API keys within the period established by clause 8.2 of this Offer;
– the Parties’ obligations under sections 5, 10 and 11 of this Offer survive termination of the agreement.
13. Force majeure
13.1. The Parties are released from liability for partial or complete failure to perform obligations under this agreement if such failure is caused by force majeure: natural disasters, epidemics, pandemics, military action, acts of terrorism, strikes, adoption by state authorities of regulatory legal acts rendering performance of the obligations impossible, and other circumstances that could not have been foreseen or prevented by reasonable measures.
13.2. The Party for which performance of obligations has become impossible as a result of force majeure must notify the other Party of the onset and cessation of such circumstances immediately, but no later than 5 (five) business days.
13.3. If the force majeure circumstances continue for more than 60 (sixty) calendar days, either Party has the right to terminate this agreement, having given the other Party 5 (five) business days’ notice.
14. Dispute resolution
14.1. The Parties shall seek to resolve all disputes and disagreements arising out of or in connection with this agreement through negotiations. The period for replying to a claim is 7 (seven) business days from its receipt.
14.2. Where a dispute cannot be resolved through negotiations, it is subject to consideration by the court at ReBite’s location (Astana, Republic of Kazakhstan) in accordance with the legislation of the Republic of Kazakhstan, unless different jurisdiction is established by mandatory rules of the procedural legislation of the RK.
14.3. The applicable law is the legislation of the Republic of Kazakhstan.
15. Final provisions
15.1. This Offer is drawn up in Russian. Where the Offer is drawn up in several languages, the Russian-language version prevails.
15.2. In all matters not governed by this Offer, the Parties are guided by the applicable legislation of the Republic of Kazakhstan.
15.3. If any provision of this Offer is held by a court to be invalid or unenforceable, the remaining provisions of the Offer retain full legal force.
15.4. All notices and messages under this agreement are deemed duly sent when dispatched through the Platform’s Personal Account or to the email address provided by the Partner at registration (or updated in the Personal Account). The Partner is responsible for keeping that email address current.
15.5. The Partner confirms that, prior to Acceptance, it has reviewed this Offer and the ReBite Privacy Policy in full, and that it understands and accepts all of their terms.
ReBite details
Individual entrepreneur ReBite
IIN: 090913650907
KBe: 19
Address: Astana, Maqsut Narikbayev 22, 433
Settlement account (IBAN): KZ96601A871084088781
Bank: Halyk Bank of Kazakhstan JSC
BIC: HSBKKZKX
Email: partners.rebite.kz@gmail.com
Telephone: +7 705 799 9664
Questions about these documents: privacy.rebite.kz@gmail.com