The Present Offer, further Agreement with KH.MD is considered concluded, from the moment of execution by the User of the one of explicit actions:
• Registration on the website kh.md (further «Website»);
• User order registration without authorization on the Website;
• Order registration by phone of KH.MD Contact Center;
The present Agreement is equal with the agreement in writing. The conclusion of User agreement means, that the User has acquainted with the conditions of present Agreement, and fully and unconditionally accept them, including - he agrees the User personal data processing, on the conditions specified in the 12th part of present Agreement, as well as he agrees receiving e-mail, SMS and other types of dispatches with informational and promotional content.
1. Subject of the User Agreement
1.1. KH.MD offers its services on the terms, which are the subject of present Agreement.
1.2 Present Agreement can be modified by KH.MD without any special notification, new edition of Agreement shall enter into force after 1 day from the moment of its placement if, another is not stipulated in the new edition of the Agreement. The current edition of Agreement can be find by the following link https://kh.md/en/terms_i_conditions
2. Services description
2.1. KH.MD is an informational system of Orders and offers its users the large possibilities for quick and easy searching and Ordering the meals prepared by KH.MD Parteners.
2.2. KH.MD delivers all items, published on the Website, as well as receives funds for Orders from Users. KH.MD is responsible for the delivery of goods.
2.3. The delivery service of goods (from KH.MD Parteners), is not included in the cost of goods, and paid separately.
2.4. In order to use KH.MD services, it is necessary to have computer, tablet, smartphone and access to the Internet (WWW).
2.5. The User registers the Order on his own on the Website, or by calling the KH.MD Contact Center.
2.6. Under the one Order, user can order products only from the one Partener.
3. Order registration
3.1. The User registers his Order in the system by products and services selecting under the one KH.MD Partener.
3.2. After personal data introducing: Name/Surname, phone number, e-mail, delivery address, User complete his Order registration by selection of payment method. Conditions and methods of payment are, stipulated in the 4th part of Present Agreement.
3.3. After Order registration, User is obliged to wait until Contact Center operator call for Order confirmation. If the User does not answer the Operator calls or if the User phone is not available the Order is considered to be unconfirmed and will not be submitted for implementation.
4. Terms of payment
4.1. The user pays Order by one of the following methods:
4.1.1. Cash payment to the courier upon receipt the Order;
4.1.2. On-line payment by bank card VISA/MasterCard via the «PAYNET» payment system on Website.
Choosing on-line payment, after Order registration, the User will be re-directed to the protected payment page «PAYNET», where it will be necessary to enter his credit card details.
«PAYNET» protects and process User credit card details according to the PCI DSS security standard. The transmission of information to the payment gateway occurs with the use of SSL encryption technology. Further information transmission occurs via closed banking networks, which have the highest level of safety. «PAYNET» do not transmit KH.MD User card details to the third parties. For additional cardholder authentication the 3D Secure protocol is used. If the User Bank supports this technology, User will be re- directed on the bank server for additional identification. User can clarify information about rules and methods of additional identification in the bank that issued the credit card.
After on-line payment procedure completion, the User receive e-check by e-mail specified during his registration at Website.
«PAYNET» guarantees security of Internet payments processing. All operations with payment cards occurs in accordance with VISA International, MasterCard and other payment systems requirements. For data transfer special technologies of cards on-line payment security are used, data processing occurs on secure high-tech server of processing company.
4.2. If the User is not registered in the system he, can pay Order only by cash to the courier.
4.3. KH.MD has a right to refuse User Order registration with method of payment "by cash to courier" if previously User Orders were not delivered due to KH.MD fault. For example, if the User did not open the door, or did not answer on courier call, or if the User specified non-existent or invalid delivery address etc.
5. Terms and cost of delivery
5.1. The delivery is, carried out within the Chisinau and its suburbs.
5.2. Possibility and cost of delivery in suburbs should be clarify with operator on each Order separately.
5.3. On the Order confirmation, KH.MD operator informs about Terms of Order delivery.
5.4. Terms of delivery may depend on the number and/or on the degree of complexity of preparing the ordering dishes, as well as on functioning capacity of restaurant or shop where User made the Order. Terms of delivery may depend on weather and/or other circumstances, which not depend on KH.MD and his Parteners.
5.5. You can find the cost of delivery within the Chisinau and its suburbs by the link: https://kh.md/en/terms_of_delivery
5.6. After order registration and prior to its transmission into work (preparation ) the User has the right to reject his Order without penalties.
5.7. If the User reject Order after its transmission to work (preparing) or the Order is in the direction of User address, the User pay cost of delivery fully.
5.8. KH.MD is responsible for the Order safety (integrity and completeness) during the transportation.
6. Order receiving
6.1. The User is obliged to take the Order delivered by KH.MD courier.
6.2. If the User select mode of payment "by cash to courier" the User is obliged to pay by cash the cost of Order and delivery to courier.
6.3. The User is obliged to verify Order integrity and completeness in the presence of KH.MD courier.
6.4. KH.MD is not responsible for Order integrity and completeness in case when the User do not verify his Order in presence of courier.
7. Conditions of refund
7.1. The refund is made in the same way the payment was made.
7.2. The refund is made instantly, fully or partially, if the KH.MD Partener could not deliver fully or partially the products/services, ordered by the User.
7.3. In case of “on-line” payment the refund for order and its delivery is not made if the Order was not delivered not by KH.MD fault (the user did not answer Operator when checking the Order, did not open the door, did not answer courier call, or if the User specified incorrect or nonexistent address of delivery etc.) The refund is, not made in case if the User did not verify Order integrity and completeness on Order receipt etc.
7.4. In case if the User reject the Order, or in case of violation by the KH.MD Parteners of conditions of goods and/or services realization, including but not limited by: in case of unilateral rejection of goods and services realization, violation of conditions of delivery, or if the quality of goods and/or services does not correspond, including harmful effects on health etc. The User is obliged to inform KH.MD about his Order rejection in writing by e-mail email@example.com within 24 hours from the moment of delivery.
In the letter must be indicated the next information: the reason for the return of funds, Order number, documents that confirm payment for Order, bank details, passport data: Name, Surname in the state language and IDNO, postal address (necessary with index). The proofs shall be provide (certificates, photos etc.)
7.5. The refund is made within 1-5 working days from the moment of request receiving from the User. The refund is made only after being proven fact of violation. KH.MD is not responsible for the bank delays on refund.
7.6. The user must take into account the fact that the bank may charge the omission as payment for funds transfer. There are refund only funds paid for products and corresponding delivery.
8. Obligations under registration and Site using
8.1. In order to use the service of on-line payment, the user should be registered in the system.
8.2. In order to use KH.MD services, the User express consent to present truthful, exact and full information about himself, under the questions from registration form, to pass the registration procedure on the Website by completing registration form and expressing consent with Agreement conditions by the point «I accept conditions of agreement » confirmation.
8.3. If the User presents incorret information or if the KH.MD has serious reasons to consider that presented information is incorrect, not complete or not exact, KH.MD has the right to suspend or to cancel user registration and to refuse him in the use of its services.
8.4. If in KH.MD opinion the User violate any conditions of Present Agreement, KH.MD may suspend, limit or cancel access to services. Canceling services provision does not limits KH.MD in other rights.
9. Registration, password and security
9.1. The User is responsible for his login and password security, as well as for everything that will be done on the KH.MD under his login and password.
9.2. The user agrees that he is obliged immediately to inform KH.MD about case of unauthorized (unallowed) access with his login and password and/or any violation of security.
10.1. Website contains the materials which are protected by copyright, trademarks or other materials protected by legislation, including but not limited: texts, photos, graphic images.
10.2. All Website content is protected by copyright as product created by collective creative work, in accordance with the Law of the Republic of Moldova on Copyright and Related rights.
10.3. KH.MD owns the copyright to use the content of the Website (including the right for selection, placement, systematization and transformation of data contained on the KH.MD website, as well as initial data), except cases specified in the content of materials published on the website.
10.4. The User is obliged to use Website only for legal purposes.
10.5. The User is obliged not to place on the Website and not to send anywhere through the Website any materials with following content:
• Which violate the law, which contain threats and offences, which discredit other persons, which violate human rights for private life of public order, which have character of obscenity;
• Which violate in a varying degree honor and dignity, other persons rights and interests protected by the law;
• Which contribute or contain incitement of religious, racial or ethnic hatred, which contain attempts to instigate hatred or incitements to violence;
• The other materials which contribute other persons to illegal behavior, which entail criminal, right-civic or other responsibility or which in any mode violate legislative provisions.
10.6. The User is obliged not to place on KH.MD and not to send anywhere through the Website materials which are advertisement of goods or services, without KH.MD agreement.
10.7. The User is obliged not to use KH.MD for advertising or other sale of goods and services promotion, including but not limited, users stimulation to subscribe to a different system of interactive services, which is KH.MD rival.
11.1. KH.MD is not responsible for quality of goods provided.
11.2. KH.MD is responsible for Order safety (integrity and completeness) during its transportation to the User.
12. KH.MD property rights
12.1. The user recognizes and accepts that KH.MD services and all necessary programs associated with them contain confidential information, protected by the Republic of Moldova legislation on intellectual property and other international rights. The user agrees not to modify, not to sell, not to distribute this content and programs, fully or partially.
13. Confidentiality and protection of personal data
13.1. Our processing of personal data is regulated by the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and Moldavian data protection law (collectively “data protection law”). More information about data protection law can be found at the website of the National Center for Personal Data Protection of the Republic of Moldova: https://datepersonale.md/en/
13.2. According to GDPR and the current legislation of the Republic of Moldova, personal data relates exclusively to the relationship between KH.MD and the User. KH.MD is responsible for the processing of the personal data of visitors to the website and persons who contact us or use our services. We do not process biometric personal data and special categories of personal data.
13.3. We process your personal data in the following situations:
- you register on the site KH.MD. We process the information you provide us when you register on the site, including but not limited to your name, contact information and address of delivery. We process your personal data in order to administer your food order;
- you pay for our services KH.MD ;
- you sign up for a KH.MD newsletter. When you sign up for a newsletter, we will process your name and email address. We process your personal data in order to provide you with the newsletter(s) and offers for which you have signed up;
- you participate in events, studies and surveys;
- you communicate with us (for example, when you contact to the Contact Center or write to us at firstname.lastname@example.org ). When you communicate with us, we process the personal data that you yourself provide to us, including but not restricted to name and contact information. We may also process your personal data related to the matter for which you contacted us and any other comments or questions you might have. We process your personal data in order to answer your questions and handle the matter for which you contacted us, to provide you with information or materials that you have requested and to improve our offers, services and the information we provide on our websites.
13.4. The User provides the following information when registering on the KH.MD website:
- Contact phone number,
- Delivery address.
Bank card details used for online payments are not stored on the KH.MD website and are entered by the User on the side of the Bank.
In addition to the processing of personal data described above, we also process personal data when we are required to do so by law or regulation, for example when necessary in relation to the legal obligation to keep books or in response to the order of a court or another competent public authority.
13.5. By presenting his personal data when registering/concluding the order on KH.MD .md, the User agrees to third processing by KH.MD .md, including for the purpose of executing by KH.MD .md of obligations towards the User within the limits of hereby Use Agreement, of informing the Users regarding its services for the promotion of goods and services by KH.MD .md, carrying out of electronic and SMS surveys, controlling marketing actions, customer support, organizing the delivery of Users’ goods, occurring of raffles with prizes among Users, checking the User’s satisfaction, and also the quality of services provided by this service. It is not considered an infringement the providing by KH.MD .md of information to partners, agents and third parties acting under a contract with KH.MD, for the execution of obligations towards the User.
13.6. As a right of processing the personal data is considered any operation or series of operations performed on personal data through automatic or non-automatic means, such as collecting, recording, organizing, storing, retaining, restoring, adapting and modifying, extracting, consulting, using, disclosing by sending, dissemination or in any other way, joining or combining, blocking, deleting and destroying. We retain your personal data for as long as it is necessary to fulfil the purposes for which for which they are processed, or for as long as we are required to retain them in accordance with law or regulation.
13.7. KH.MD has the right to send informational messages, including advertising, to the e-mail or mobile phone of the User with his consent. The User has the right to refuse receiving advertising information and other information without giving any explanation on the cause. Service messages informing the User about the Order and the stages of its processing are sent automatically and cannot be rejected by the User.
13.8. KH.MD has the right to use the «cookies» technology. «Cookies» does not contain confidential information, and KH.MD has the right to send the information about «cookies» to Partners, agents and third parties having concluded agreements with KH.MD , for the execution of obligations towards the User and for statistical purposes and optimization of advertising messages. We will never sell your personal data to any third party. We may transfer your personal data to our suppliers of IT services. We may also be required by law or regulation to transfer your personal data to a competent public authority.
13.9. KH.MD receives information on the IP address of the guest of the site www.kh.md The given information shall not be used in the identification of guest’s person. After the end of the session, the IP address is not stored by us in order to determine the geographic location of the User.
13.10. KH.MD bears no responsibility for the data submitted by the User on site in the form of free access.
13.11. In order to ensure control and guarantee the quality of the services provided, KH.MD has the right to record telephone conversations with the User. At the same time, KH.MD undertakes: to prevent attempts of unauthorized access to information received during telephone conversations and/or its transfer to third parties not directly related to the execution of Orders.
13.12. Rules for changing the profile data of a User registered on KH.MD :
KH.MD entitles the User to change their registered personal data. To do this, the User must log in to the site and in the "Edit profile" section, you can change the data entered earlier.
13.13. Erasure of personal data – you have the right, in certain situations, to have your personal data erased.
The user has the opportunity at any time to request the deletion of his data and account on the KH.MD website. To do this, the User needs to send a corresponding request to the e-mail: email@example.com.
KH.MD will stop processing the User's personal data and delete them in accordance with the requirements of national law.
14. General provisions
14.1. Present Agreement, is regulated by the Legislation of the Republic of Moldova.
14.2. All possible disputes concerning the Agreement are resolved according to the norms of current legislation of the Republic of Moldova.
14.3. Nothing in the Agreement can, be taken as establishment between User and KH.MD agent relations, relationship, partnership, relations for mutual activity, relations of own hire or other relations, which are not stipulated by present Agreement.