Terms of use

1. Terms and Definitions

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

Hungry.az application is the Hungry.az program for mobile devices provided to Users under the terms of the License Agreement for the use of the Hungry.az program for mobile devices, which is available on the Internet at the following address: https://hungry.az/license.

Service Hungry.az, Service – means all websites (including but not limited to posted on the Internet at: http://hungry.az), computer programs (including the Hungry.az Application, other programs for mobile devices) “Kuryerim” LLC or its affiliates, providing the Service User with the opportunity to carry out the Order of Goods and Delivery under the conditions provided for in the User Agreement.

User – a person using the Service on the conditions provided in the User Agreement in order to carry out the Order of Goods and Delivery.

Authorized user – A user who is authorized on the Service using the login and password assigned to him when registering on the Service.

Restaurant – a legal entity or an individual entrepreneur engaged in the preparation and / or sale of the Goods to Service Users when they place an Order.

Order – an order of the Goods and Delivery executed by the User on the Service, as a result of which the User enters into an agreement on the preparation and / or sale of the Goods with the Restaurant, and a contract for the delivery of this Goods with the Supplier on the terms and conditions established by the Restaurant and / or the Supplier and placed on the Service.

Agreement – an agreement on the preparation and / or sale of the Goods with the Restaurant, and / or the delivery contract for the Goods with the Delivery Man, concluded between the User and the Restaurant and / or the Delivery Man as a result of placing the Order.

Goods – food products and drinks, the preparation and / or the sale of which is carried out by the Restaurant for the Users as a result of the User placing an Order on the Service. When referring to the User Agreement or other documents referred to in clause 2.2 of the User Agreement, the Product means both one Product or several Products, unless otherwise follows from the User Agreement or the relevant document.

Delivery – the delivery service of the Goods to the User, Order of which the User placed on the Service. Conclusion of a delivery agreement with the User is carried out by the Carrier. The deliverer has the right to engage third parties to deliver the goods to the user.

Carrier – a legal entity or an individual entrepreneur engaged in the delivery of goods, the order of which is placed by the User. Information about Carriers is given in the User Agreement.

User agreement – this document is posted on the Internet at:https://hungry.az/termsofuse.

Kuryerim – Hungry.az LLC; location: Azerbaijan, Baku, Tbilisi Avenue 49 / C.

Promo code – a specific sequence of characters, subject to activation of which and other conditions for the use of the Promo code are observed, the User is given a discount on the cost of the Goods and / or Delivery.

1.2. Terms and conditions that are not defined in clause 1.1 of the User Agreement may be used in the User Agreement. In this case, the interpretation of such a term is made in accordance with the text of the User Agreement. In the absence of an unambiguous interpretation of the term in the text of the User Agreement, one should be guided by the interpretation of the term defined: first of all, by the legislation of the Republic of Azerbaijan, secondly – on the Service, then – prevailing (commonly used) on the Internet.

2. General Regulations

2.1. This User Agreement constitutes an offer by Kuryerim to the User to use the Hungry.az Service.

2.2. The use of the Service by the User is regulated by this User Agreement, as well as:

  • Privacy Policy: https://hungry.az/privacypolicy,

hereinafter referred to collectively as “Regulatory Documents”.

2.3. Starting to use the Service / its individual functions, the User is deemed to have accepted the User Agreement, as well as the conditions of the Regulatory Documents, in full, without any salvo 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. Hungry.az has the right to change the terms of the User Agreement at any time without notifying the User, and Kuryerim LLC has the right at any time to change the terms of the Regulatory documents without notifying the User. The current version of the User Agreement is located at the address specified in clause 1.1 of the User Agreement. The risk of non-familiarization with the new version of the User Agreement and the Regulatory Documents is borne by the User, continued use of the Service after changing the User Agreement or the Regulatory Documents is considered consent to their new version.

2.5. In the event that any changes to the User Agreement have been made by Hungry.az, in the manner provided for in clause 2.4. The User Agreement with which the User does not agree, he is obliged to stop using the Service.

2.6. The Service offers the User a free opportunity to carry out the Order of Goods and Delivery from the Carrier on the terms specified by the Restaurant and / or the Carrier and placed on the Service. All currently existing functions of the Service, as well as any development of them and / or adding new ones, are the subject of the User Agreement.

2.7. Depending on the location of the User, the Delivery address, information about the Goods provided by the Restaurant, as well as on other circumstances, all or some of the functions of the Service may not be available or limited. Functions are considered inaccessible (limited) for the User if the User cannot use them explicitly. The use of any technical and software methods to circumvent these restrictions is prohibited. The provisions of the User Agreement governing the unavailable (limited) functions of the Service for the User do not apply until such functions are explicitly available to the User. Information about the availability of the Service functions is provided to the User upon his request sent to Kuryerim.

2.8. Using the Service, the User agrees to receive advertising messages from Kuryerim. The user has the right to refuse to receive advertising messages by using the appropriate functionality of the Service or following the instructions specified in the received advertising message.

2.9. Kuryerim is not an authorized organization within the meaning of the Law of the Republic of Azerbaijan dated 09.19.1995 No. 1113 “On Protection of Consumer Rights”, and does not review and satisfy the claims of Users regarding the Goods and / or Delivery of inadequate quality, the Order of which (which) was placed by the User on Service. When the User contacts Kuryerim on issues related to the Agreement concluded as a result of placing the Order, including claims regarding the execution of this Agreement, Kuryerim has the right to transfer relevant information to the Restaurant and / or the Provider, as well as to transfer information received from the Restaurant and / or to the User To the supplier on these issues.

2.10. Kuryerim is not responsible for the content and / or relevance of the information provided by the Restaurant and / or the Carrier about the Goods and / or Delivery, including information about the cost of the Goods and / or Delivery, the timing of the preparation of the Goods and / or Delivery, and the availability of the Goods in this moment.

2.11. In some cases, the information about which is communicated to the User when placing an Order on the Service, the cost of Delivery is not additionally charged from the User (Kuryerim ensures that the Supplier delivers a discount to the User on the Delivery cost).

2.12. The use of certain functions of the Service, including placing an Order, is available to the User after registering and authorizing on the Service. When registering, the User agrees to provide information about himself, requested on the Service in the registration form, as well as indicate the email address and mobile phone number that will be used as login.

2.13. The user is not entitled to use more than one account when using the Service. In the event that Kuryerim reveals circumstances indicating a violation by the User of the conditions specified in this clause, Kuryerim has the right to apply the measures provided for in clause 4.1 of the User Agreement.

3. Order and conditions for placing an Order on the Service

3.1. Making an Order is available only to an Authorized User. Until the moment of placing the Order of the Goods and Delivery on the Service, the User agrees to familiarize himself with all the conditions for the preparation and / or sale of the Goods, as well as the conditions for the delivery specified by the Restaurant and / or the Carrier and placed on the Service. Moreover, obvious errors, including typos made by the Restaurant and / or the Carrier in the description of the Goods, are not legally binding.

3.2. When placing the Order, the User enters into an Agreement with the Restaurant and / or the Carrier and enters into direct contractual relations with the Restaurant and / or the Carrier regarding the preparation and / or sale of the Goods and delivery. Making an Order on the Service means the consent of the User with all the essential conditions for the preparation and / or sale of the Goods, the delivery by the Carrier, as defined by the Restaurant and / or the Carrier and placed on the Service.

3.3. The essential conditions of the Agreement concluded by the User with the Restaurant and / or the Carrier are indicated in the description of the Goods published on the Service, the conditions for its preparation and / or sale provided by the Kuryerim Restaurant, as well as the description of the Delivery conditions provided by the Kuryerim Restaurant or the Carrier.

3.4. When placing an Order, the User agrees that the Carrier may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.

3.5. All rights and obligations under the Agreement (s) concluded with the User arise directly at the Restaurant and / or the Carrier.

3.6. The User confirms that the personal information that the User provides Kuryerim when using the Hungry.az Service, including when placing an Order, can be transferred to Kuryerim Restaurant and / or the Carrier, with whom the User enters into an Agreement as a result of placing the Order, the goals of execution by the Restaurant and / or the Carrier of the specified Agreement with the User. The User agrees that Hungry.az and Kuryerim LLC have the right to store the personal information of the User, 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 corresponding Order by the Restaurant and / or the Carrier.

3.7. For the Authorized User, information about the Order placed by him is available in the “History” section of the Service. In this section of the Service, an Authorized User can view information about the status of the Order.

3.8. By placing an order on the Service, the User agrees to receive (i) emails that Hungry.az and Kuryerim LLC can send to the User: after placing the Order; in case of change; before the Delivery of the Goods in the case affecting the execution of the Order or timely informing about its status, (ii) messages (SMS) to the phone number specified by the User, as well as (iii) a call offering to evaluate the quality of the Service, Restaurant and / or the Carrier phone number specified by the User. If the User deactivates the function of sending messages to him, the User agrees to send him information about the progress of the Delivery of the Order to his email address in order to inform about the possibility / impossibility of Delivery of the Order.

3.9. When placing an Order, the User confirms that a) he has fully read the provisions of the User Agreement and the Regulatory Documents, b) fully understands the User Agreement and Regulatory Documents, as well as the subject and conditions of the Agreement concluded with the Restaurant and / or the Provider, c) fully understands the meaning and consequences their actions regarding the conclusion and execution of the Agreement with the Restaurant and / or the Delivery Man.

3.10. Hungry.az has the right to block the User’s ability to place an Order in case of failure to fulfill the obligation to pay for the Goods and Delivery within the framework of the executed Order, in case of refusal to execute the Agreement (s) with the Restaurant and / or the Carrier in accordance with clause 3.17 of the User Agreement, in case of violation of the User agreements and / or Regulatory documents, as well as in case of repeated violation of the Contracts with the Restaurant and / or the Carrier.

3.11. The user must provide reliable information about himself and the recipient of the Order when placing the Order on the Service. The user is responsible for all consequences caused by the inaccuracy of the information provided by him.

3.12. To place an Order, the User, having familiarized himself with the information about the Goods and Delivery, indicates with the Service all the data necessary for the execution of the Agreement by the Restaurant and / or the Carrier, including, but not limited to: the User’s personal information, full delivery address (including the name of the settlement, metro station (if applicable), streets (avenue, highway, etc.), house number (including building, building, ownership, etc.), entrance number, apartment number, floor, intercom code (if applicable)), Recipient name, contact details ( number t phone, other), payment method, and then clicks the Order button on the Service. By placing an Order, the User confirms the fact of familiarization and unconditional consent with the User Agreement, the terms and conditions concluded by the User with the Restaurant and / or the Carrier of the Contract / Contracts, as well as the fact of familiarization with the information about the Goods and Delivery posted on the Service.

3.13. The moment of conclusion of the Agreement / Contracts between the User and the Restaurant and / or the Carrier is determined in the following order:

3.13.1. in case the User selects the payment method provided for in paragraphs. 5.1.1 User agreement – the Agreement / Agreements with the Restaurant is concluded at the moment the User clicks the Order button in the order form, the Agreement with the Carrier is concluded at the time of determining the Carrier delivering the Goods in accordance with clause 3.14 of the User Agreement;

3.13.2. in case the User selects the payment method provided for in paragraphs. 5.1.2 User agreement – the Agreement / Agreements with the Restaurant is concluded at the moment the User clicks the button “Go to payment” in the order form, the Agreement with the Carrier is concluded at the time of determining the Carrier delivering the Goods in accordance with clause 3.14 of the User Agreement. After clicking the specified button, the User is given a limited time to make a payment, after which the message “ERROR Payment (session) has expired” will be displayed. Place a new order. ” If during the specified period of time for any reason the payment has not occurred, the Agreement / Contracts with the Restaurant and / or the Carrier are not considered to be concluded.

3.13.3. By clicking the “Order” button in the case provided for in clause 3.13.1 of the User Agreement, or “Go to payment” in the case provided for in clause 3.13.2 of the User Agreement, the User expresses full and unconditional consent (acceptance) to conclude the Agreement with the Carrier determined in accordance with clause 3.14 of the User Agreement from among the Carriers provided for in the User Agreement.

3.14. The Carrier, delivering the Goods, is determined from the number of Carriers provided in the User Agreement, after the User places the Order within 5 minutes from the moment the Restaurant begins the execution of the Order (the preparation of the Goods by the Restaurant). Hungry.az notifies the User of the receipt by the Restaurant of information about the beginning of the Restaurant’s execution of the Order (the beginning of the preparation of the Goods by the Restaurant) by sending a push notification to the User (at the same time Hungry.az is not responsible for the User not receiving a push notification if the User disconnects the function of receiving such notifications from the Hungry.az Application on a mobile device; the User bears the risk of not receiving relevant information in the indicated case) or SMS messages when placing an Order by the User using Hungry.az Applications by displaying the status of the Order “Preparing” in the “History” section of the Service when placing an Order using the website. The user can obtain information about the Supplier in the “History” section or by contacting Hungry.az at the phone number specified in clause 6.7 of the User Agreement.

3.15. At the time the User performs the actions provided for in clause 3.12, the User confirms that all information about the Goods and Delivery, as well as about the Restaurant and / or the Carrier provided for by the current legislation on consumer protection, is brought to the attention of the User in full.

3.16. The Restaurant can cancel the order in case of:

3.16.1. placing the Order by the User, when the User chooses to pay in cash – if Hungry.az could not contact the User using the contact information provided by the User when placing the Order;

3.16.2. if the Restaurant cannot fulfill the Agreement.

3.17. The user who placed the Order is required to be at the Delivery address to receive the Order, as well as to ensure the acceptance and payment of the Goods upon its Delivery. In the absence of the User at the Delivery address, as well as in the case of impossibility of delivery of the Goods to the User for reasons arising from the actions / inaction of the User, as well as in the case of the User’s refusal to accept the Goods (with the exception of the Goods of inadequate quality or not complying with the conditions drawn up by the User The order, subject to the observance by the User of clause 3.18 of the User Agreement), after 10 minutes of waiting, the User shall be deemed to have refused to fulfill the Agreement (s) with the Restaurant and / or the Carrier, and the funds paid for the Goods and Delivery by the User shall be sent to reimburse the expenses of the Restaurant and / or the Carrier and shall not be refunded by the Restaurant and / or Carrier.

3.18. In the event that the Goods delivered to the User, in the opinion of the User, are Goods of inadequate quality of the Goods and / or do not correspond to the Order issued by the User, the User must immediately send photographs of the delivered Goods to the e-mail address destek@kuryerim.az, as well as send a description of the defects of the Goods .

3.19. In the case of the Delivery of Goods by the Carrier, the Restaurant is considered to have fulfilled its obligation to transfer to the User the Goods under the Agreement at the time of the transfer of the Goods (of appropriate quality and corresponding to the order executed by the User) to the representative of the Carrier.

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

4.1. Kuryerim has the right, at its discretion, to restrict the User’s access to the Service (or to certain functions of the Service, if possible technologically) using his account or completely block the User’s account in case of repeated violation of the User Agreement and / or Regulatory documents, or apply to Other measures for the user in order to comply with the User Agreement and Regulatory documents, as well as the requirements of the law or the rights and legitimate interests of third parties.

4.2. The User gives Kuryerim LLC consent to the processing of the User’s personal information (including personal data), to the transfer of the User’s personal information to Kuryerim partners, including Restaurants and / or the Carrier, as well as to the processing of personal information by Kuryerim partners, including Restaurants and / or the Carrier, for the purposes of using the Service, placing an Order on the Service and the execution by the Restaurant and / or the Carrier of the Agreement concluded as a result of placing the Order. When the Service is used by the User, the personal information of the User is transmitted to Kuryerim LLC and Hungry.az for processing on the conditions and for the purposes specified in this User Agreement and the Kuryerim LLC Privacy Policy, available for review at: https://hungry.az/privacypolicy.

5. Payment for Goods and / or Delivery

5.1. Payment for the Goods and / or Delivery within the framework of the Order placed by the User may be made by the User:

5.1.1. The user may be able to use the payment function to the Carrier (or to a third party engaged by the Carrier, if the Carrier uses such a third party to deliver the Goods to the User) in cash in case of Delivery of the Goods by the Carrier. In this case, the Carrier (or a third party he engages) in terms of receiving funds for the Goods acts on behalf of Kuryerim, which, in turn, acts on behalf of the Restaurant.

5.1.2. The user may have access to the function of non-cash payment from an attached bank card (paragraph 5.4 of the User Agreement); in this case, Kuryerim acts on behalf of the Restaurant and / or the Carrier with the involvement of an authorized payment processor or electronic money operator and is the recipient of the payment as an agent of the Restaurant and / or the Carrier (hereinafter “non-cash payment”). Kuryerim does not guarantee the absence of errors and malfunctions of the Service in relation to the provision of the possibility of non-cash payment. The appropriate form of payment is selected by the User in the Service interface.

5.1.3. Kuryerim does not guarantee the absence of errors and malfunctions of the Service in relation to the provision of the possibility of payment in cash or non-cash. The appropriate form of payment is selected by the User in the Service interface. At the same time, the method of payment for the Goods and / or Delivery available to the User at a particular moment in time is determined by Kuryerim, taking into account technical, temporary, material and / or other factors.

5.2. In the case provided for in clause 5.1.3 of the User Agreement, Kuryerim funds are received solely due to the fact that Kuryerim, through the provision of the opportunity to place an Order on the Service, participates in the sale of goods to the User by the Restaurant, for which money is received. In this case, the receipt of funds in the case provided for in clause 5.1.2 of the User Agreement is carried out by the Carrier, attracted by Kuryerim (or by a third party, involved by the Carrier) in connection with the delivery of the Goods to the User.

5.3. In cases provided by applicable law, when paying for Delivery and / or Goods by the methods provided for in paragraphs. 5.1.2, 5.1.3 of the User Agreement, the cash receipt is sent to the email address specified by the User when registering for the Service.

5.4. The linked bank card can be indicated by the User in the Service interface, while the User indicates the following data:

Name of the bank card holder (value “cardholder”);

  • Bankcard number;
  • Expiration Date;
  • Security code.

If the bank card information is correct, valid and the use of this card within the Service is technically possible, the specified bank card acquires the status of Linked and can be used for cashless payments. All Linked cards are displayed in the Service interface.

5.5. Non-cash payment is made by the User with the participation of an authorized payment acceptor or electronic money operator and is regulated by the rules of international payment systems, banks (including the bank issuing the Linked Card) and other participants in payments.

5.6. When indicating his data in accordance with clause 5.4 of the User Agreement and the further use of the Linked Card, the User confirms and guarantees that he indicates true and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with regard to the procedure for non-cash payments.

5.7. The User understands and agrees that all actions performed within the Service after authorization using the login and password assigned to him during registration on the Service, including cashless payments using the Linked Bank card, are considered committed by the User.

5.8. If the User disagrees with the fact and / or the amount of non-cash payment and other issues related to the use of the Linked Card within the Service, the User is entitled to contact Kuryerim with the details specified in this User Agreement within 14 days from the date of the non-cash payment or other actions or events that caused the appeal.

If, based on the results of the verification of such treatment, Kuryerim decides to refund the amount of cashless payment in whole or in part, the specified refund shall be made to the bank account of the bank card from which the cashless payment was made. The refund procedure is carried out with the participation of an authorized payment acceptor or electronic money operator and is regulated by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other settlement participants.

5.9. On issues related to the payment of the Goods and / or Delivery by the methods provided for in paragraphs. 5.1.1 of the User Agreement, the User has the right to contact the Restaurant and / or the Carrier.

5.10. Kuryerim reserves the right at any time to require the User to confirm the data specified by him within the Service, including the data of the Linked Card, and to request in this regard supporting documents (in particular, identification documents), the failure to submit which, at the discretion of Kuryerim, may be equated with the provision of false information and entail the consequences provided for in clause 4.1 of the User Agreement.

6. Other conditions

6.1. The User confirms that he is competent and has reached the age required in accordance with the legislation of the Republic of Azerbaijan for concluding Agreements with the Restaurant and / or the Deliveryman, as well as for making other transactions stipulated by the User Agreement.

6.2. Kuryerim is not responsible for:

6.2.1. Temporary failures and interruptions in the operation of the Service and / or the availability of functionality that allows users to place an order and the loss of information caused by them, as well as the safety of information, the correctness and timeliness of its transmission and delivery.

6.2.2. Reliability, quality and speed of the Service, as well as for the safety of the information created, used and received by the User.

6.3. The procedure for the User to contact Kuryerim: all requests should be sent to the e-mail address destek@kuryerim.az, or at the address for correspondence indicated below. The Service’s functionality may also provide other ways for the User to send requests to Kuryerim.

6.4. Unless otherwise provided on the Service, all prices indicated on the Service include VAT.

6.5. The discount on the cost of the Goods and / or Delivery using the Promo Code is provided in cases and in the manner prescribed by the Terms of use of Promo Codes of the Hungry.az Service.

6.6. n order to identify the Goods, the delivery of which is carried out by the Supplier, the information on such Goods may be marked with a moped icon on the Service, and also be accompanied by information that the Delivery is carried out by a trusted partner.

6.7. Information about Kuryerim:

Name: “Kuryerim“ LLC

Correspondence address: Azerbaijan, Baku, Tbilisi Avenue 49 / C

Phone: #7766

e-mail: destek@kuryerim.az

Opening hours: Monday-Friday from 10:00 to 19:00 (Baku time), Saturday, Sunday – days off.