VenMart
Public Offer

VenMart Terms of Service

Terms for Using the VenMart Platform

(PUBLIC OFFER)

Almaty

These Terms for Using the VenMart Platform (public offer) constitute an official offer of VenMart Limited Liability Partnership (hereinafter referred to as “VenMart”) to enter into an agreement on the terms set out below with any legally competent individual who has expressed consent to the terms of this Offer (hereinafter referred to as the “User”).

In accordance with Articles 387, 395 and 396 of the Civil Code of the Republic of Kazakhstan, acceptance of this Offer shall signify full and unconditional agreement to its terms and shall be deemed equivalent to the conclusion of a written agreement.

1. Terms and Definitions

VenMart Platform — an integrated set of software, server infrastructure, mobile application, interfaces, connected vending machines and other technical means enabling the User to purchase goods in an automated manner without the involvement of service personnel.

VenMart Vending Machine — an automated device connected to the VenMart Platform that provides the User with access to goods, enables the User to independently select, remove and automatically record actually selected goods for subsequent calculation of the total purchase amount.

Payment Partner — TipTop Pay LLP and/or any other entity that ensures non-cash payment, bank card tokenization, card transaction processing and payment transmission status within the Platform.

Linked Card — the User’s bank card linked to the Platform using the payment infrastructure of the Payment Partner.

Card Verification — verification of the User’s bank card upon linking it to the Platform.

Test Transaction — a payment transaction in the amount of 100 (one hundred) tenge conducted during Card Verification, followed by cancellation (void) or another form of reversal in accordance with the rules of the Payment Partner and the issuing bank.

Internal Wallet — the User’s internal balance recorded within the VenMart system, used for payment of goods purchased through the Platform, as well as for other transactions expressly provided for by the Platform.

Pre-Authorization (Hold) — a temporary hold of funds on the User’s Linked Card to ensure subsequent payment for the actually selected goods.

Pre-Authorization Confirmation — the final charge of the purchase amount to the Linked Card against the amount previously placed on hold under the pre-authorization.

Pre-Authorization Cancellation — cancellation of the hold and release of funds on the Linked Card if no purchase was made or as otherwise required by the user scenario and the technical logic of the transaction.

Additional Charge — a separate payment transaction charging the Linked Card an amount exceeding the pre-authorization amount if the final purchase amount exceeds the hold amount.

Purchase Session — the period from the moment the User is granted access to the vending machine until the vending machine is closed and the selected goods are automatically recorded.

Purchase — a legally completed transaction whereby the User acquires goods from VenMart, deemed completed upon finalization of the Purchase Session in the manner prescribed by this Offer.

Finalization — the automated process of determining the goods actually selected by the User based on the results of the Purchase Session, calculating the total purchase amount and initiating the relevant payment transactions.

Debt — an unpaid purchase amount or any part thereof arising when the Additional Charge or any other transaction required for full settlement for the purchased goods cannot be successfully processed.

Disputed Transaction (Dispute) — a situation where the User challenges the correctness of the Purchase composition, total amount, Pre-Authorization, Pre-Authorization Confirmation, hold cancellation, the Additional Charge, Internal Wallet transactions or the results of the automatic recording of goods, arising out of a completed or incomplete Purchase Session.

2. Subject of the Agreement

  • 2.1. VenMart grants the User the right to access and use the VenMart Platform within its functional capabilities to automatically purchase goods through vending machines connected to the Platform.
  • 2.2. VenMart is the seller of the goods offered through the VenMart Platform, accepts payment for such goods in accordance with this Offer, and acts as a party to the retail sale agreement concluded with the User.
  • 2.3. The retail sale agreement between VenMart and the User shall be deemed concluded upon completion of the Purchase Session, automatic recording of the actually selected goods, and determination of the total purchase amount in accordance with this Offer. Financial payments in respect of the Purchase shall be made in the manner established by this Offer.

3. User Purchase Scenario

  • 3.1. Using the Platform for purchasing goods is possible only where the technical capability exists to make non-cash payment through the Platform using the Payment Partner and/or the Internal Wallet.
  • 3.2. To link a bank card, the User undergoes Card Verification. As part of Card Verification, the Payment Partner may conduct a Test Transaction in the amount of 100 (one hundred) tenge, followed by cancellation (void) or another form of reversal in accordance with the rules of the Payment Partner and the issuing bank.
  • 3.3. When the User selects bank card payment, access to the vending machine shall be granted only after successful Pre-Authorization (Hold) in the amount of 1,500 (one thousand five hundred) tenge or another amount established by VenMart and communicated to the User through the Platform.
  • 3.4. Pre-Authorization (Hold) constitutes a temporary hold on funds on the Linked Card and does not constitute a final charge for the cost of goods, a top-up of the Internal Wallet, or an independent purchase.
  • 3.5. The purchase process shall be carried out in the following sequence:

a) registration and/or authorization of the User on the Platform;

b) User acceptance of the Offer terms and other mandatory documents located on the Platform;

c) linking a bank card through the Payment Partner and completion of Card Verification;

d) selection of a payment method available on the Platform;

e) where payment is made by the Linked Card — successful Pre-Authorization (Hold);

f) where payment is made using the Internal Wallet — reservation or temporary holding of the corresponding amount from the Internal Wallet balance in the manner provided by the Platform;

g) granting the User access to the vending machine;

h) independent selection and removal of goods by the User;

i) closing of the vending machine by the User;

j) automatic identification and recording of the actually selected goods and calculation of the total purchase amount;

k) Finalization of the transaction in accordance with Section 4 of this Offer.

  • 3.6. The User confirms that, prior to using the Platform, the User has been informed and understands that the total purchase amount is calculated after selecting the goods and closing the vending machine, and depends on the actually selected goods.
  • 3.7. By performing actions to link a card, complete Card Verification, conduct Pre-Authorization (Hold), gain access to the vending machine, select and remove goods, and close the vending machine, the User gives consent to the automatic Finalization of the Purchase, including Pre-Authorization Confirmation, an Additional Charge, the use of Internal Wallet funds, the return of the unused balance of reserved Internal Wallet funds, and other actions expressly provided for by this Offer and the Platform’s user scenario. Making adjustment to the Internal Wallet balance is permitted in cases expressly provided for by this Offer, VenMart rules, a validated claim, or a Disputed Transaction.
  • 3.8. The User’s obligation to pay for the purchased goods shall arise at the moment the contents of the Purchase are automatically recorded after the vending machine is closed and the total purchase amount is determined.
  • 3.9. If it is impossible to conduct a Test Transaction, Pre-Authorization (Hold), Pre-Authorization Confirmation, an Additional Charge, or any other required non-cash transaction, access to the vending machine may not be granted, and the purchase transaction may be deemed incomplete, requiring additional processing or resolution in accordance with this Offer.
  • 3.10. To ensure security, prevent misuse and resolve disputes, the process of using vending machines may be recorded by technical means, including video surveillance, photo capture, technical logs and other means of technical recording, in the manner established by the VenMart Data Privacy Policy.

4. Payment and Transaction Finalization

  • 4.1. Payment for goods shall be made exclusively on a non-cash basis using the User’s Linked Card, the User’s Internal Wallet, and other payment services and technologies supported by the Platform through the Payment Partner.
  • 4.2. When payment is made by the Linked Card, Transaction Finalization shall be carried out after determining the total purchase amount under one of the following scenarios:
  • 4.2.1. if the total purchase amount is 0 (zero) tenge, the Pre-Authorization shall be fully cancelled and no funds shall be finally charged;
  • 4.2.2. if the total purchase amount does not exceed the Pre-Authorization amount, VenMart shall initiate Pre-Authorization Confirmation in the amount of the actual purchase amount, and the remainder of the previously held amount shall be released by the issuing bank and/or the payment infrastructure in the manner determined by the respective bank and the Payment Partner;
  • 4.2.3. if the total purchase amount exceeds the Pre-Authorization amount, VenMart shall be entitled to initiate Pre-Authorization Confirmation in the amount of the hold and to charge the outstanding amount to the User’s Linked Card as an Additional Charge.
  • 4.3. If the Additional Charge cannot be successfully processed, the unpaid portion of the Purchase shall be recognized as the User’s Debt to the extent that the payment obligation remains unsatisfied. VenMart has the right display the Debt in the Platform interface, notify the User thereof, and restrict access to new purchases until the Debt has been fully or partially settled.
  • 4.4. The Debt may be paid using another Linked Card, Internal Wallet funds, or any other method available on the Platform at the time of Debt settlement.
  • 4.5. Where the Internal Wallet is used as a payment method, the Platform may reserve, temporarily hold and debit funds from the Internal Wallet in the amount necessary for Finalization of the Purchase. The unused balance of reserved funds shall be returned to the Internal Wallet in the manner provided by the Platform.
  • 4.6. The Internal Wallet is used exclusively within the VenMart Platform and does not constitute a bank account, payment account, electronic wallet of a payment organization, or any other independent payment instrument outside the Platform, unless otherwise expressly provided by VenMart rules.
  • 4.7. The Internal Wallet may be topped up using the methods available on the Platform. VenMart may establish minimum and maximum top-up amounts, Internal Wallet use procedure, funds reservation rules, and other conditions governing its operation, provided that the relevant information is communicated to the User through the Platform.
  • 4.8. VenMart does not store the full details of the User’s bank card, CVV/CVC codes or PIN codes, and uses the payment infrastructure of the Payment Partner for card tokenization, processing card transactions and obtaining payment statuses.
  • 4.9. VenMart has the right to store and use the card token, as well as only those details of the Linked Card as are transmitted by the Payment Partner and are necessary for ensuring the functioning of the Platform, identifying payment method, processing payment transactions, and displaying Linked Card information to the User.
  • 4.10. The time required for the release of cancelled Pre-Authorization, the unused balance of held funds, and timeframes for the return of funds in card transactions depend on the issuing bank, the payment infrastructure, and the internal rules of the relevant settlement participants. VenMart shall not be liable for interbank processing times, provided that VenMart has correctly transmitted the payment instruction.

5. Disputed Transactions and Dispute Resolution Procedure

  • 5.1. In the event of a Disputed Transaction, the User may contact VenMart in the manner established by this Offer.
  • 5.2. When reviewing Disputed Transactions, data generated during the operation of the Platform may be used, including, but not limited to:
  • data from the automatic goods accounting system;
  • technical logs of the Platform;
  • data on the Test Transaction;
  • data on Pre-Authorization, Pre-Authorization Confirmation, Pre-Authorization Cancellation, and Additional Charges;
  • data on Internal Wallet transactions;
  • photographs, short video recordings, and other technical recording materials;
  • other data recorded during the Purchase Session.
  • 5.3. VenMart reviews User claims relating to Disputed Transactions connected with the operation of the Platform, automatic recording of the Purchase composition, total purchase amount, Pre-Authorization, Pre-Authorization Confirmation, Pre-Authorization Cancellation, Additional Charges, Internal Wallet transactions, and Debt recording.
  • 5.4. When reviewing Disputed Transactions, technical recording materials produced in the area where the vending machine is located may be used in accordance with the VenMart Data Privacy Policy.
  • 5.5. Based on the results of reviewing a Disputed Transaction, VenMart may decide to return funds, adjust the Internal Wallet, reduce or settle the Debt, apply another dispute resolution method, or refuse to satisfy the claim in the absence of sufficient grounds.

6. Claims, Refunds, and Compensation

  • 6.1. Claims relating to the quantity of goods, purchase composition, correctness of payment transactions, technical functioning of the Platform, errors in access to the vending machine, quality, shelf life, completeness, and safety of the goods, as well as any other matters related to the use of the VenMart Platform and purchase of goods through it, shall be submitted to VenMart using the contact details specified in this Offer.
  • 6.2. VenMart shall review Users’ claims in the manner and within the timeframes that do not contradict the legislation of the Republic of Kazakhstan, taking into account the provisions of this Offer and the rules of VenMart communicated to the User through the Platform.
  • 6.3. If an erroneous charge, incorrect recording of the purchase composition, a technical failure, an incorrect calculation of total purchase amount, or any other grounds are confirmed, VenMart shall have the right to refund, adjust the User’s Internal Wallet, reduce or cancel the Debt, or otherwise resolve the disputed situation.
  • 6.4. Refunds for bank card transactions shall be processed through the payment infrastructure of the Payment Partner in accordance with the payment method, technical implementation of the relevant transaction, settlement participants rules, and the issuing bank rules.
  • 6.5. A refund may be made either in full or in part of an amount that was charged erroneously, excessively, or unlawfully, if such refund is permitted by the technical implementation of the relevant transaction. A partial refund is permitted, including in relation to an amount charged under Pre-Authorization Confirmation and/or an Additional Charge.
  • 6.6. If payment for a purchase was made through several separate payment transactions, including Pre-Authorization Confirmation and an Additional Charge, a refund may be made separately for each such transaction, either in full or in part, depending on the nature of the confirmed claim, technical implementation of the relevant payment transaction, and Payment Partner rules.
  • 6.7. Where payment is made using the Internal Wallet, VenMart shall have the right to make a refund by crediting the relevant amount, in full or in part, to the User’s Internal Wallet balance, as well as by manual or automated adjustment of such balance to resolve the confirmed claim, Disputed Transaction, or a technical error.
  • 6.8. If a purchase was paid for using both a Linked Card and the Internal Wallet, the refund shall be made strictly and separately for each respective payment source: the amount charged to the bank card shall be refunded to the same bank card through the payment infrastructure of the Payment Partner, and the amount charged from the Internal Wallet shall be refunded to the User’s Internal Wallet. A partial refund in the event of mixed payment shall also be made separately for the relevant payment source, within the limits of the amount actually charged from this source.
  • 6.9. Refunds and adjustments shall be carried out by VenMart authorized persons using the administrative, operational, and/or technical functionality of the Platform, within the scope of their respective authority.
  • 6.10. The remaining funds in the User’s Internal Wallet that has not been used to pay for the purchase shall remain in the Platform for subsequent purchases. The possibility of refunding the remaining Internal Wallet funds outside the Platform shall be provided only if the relevant functionality is available in VenMart and in accordance with the rules established by VenMart.
  • 6.11. General rules for refunds, compensation, and settlement of Disputed Transactions shall be communicated to the User prior to the completion of purchase through the vending machine interface, the mobile application, the website, and/or a QR link placed on the vending machine, provided that a relevant separate document or section exists within the Platform. To the extent that these rules have been communicated to the User by the above means, the User shall be deemed familiar with them when using the Platform.

7. Liability of the Parties

  • 7.1. VenMart shall be liable for ensuring the functioning of the Platform to the extent and on the terms provided by this Offer, subject to the User’s compliance with the requirements of this Offer and instructions for using the Platform.
  • 7.2. VenMart shall be liable for selling goods to the User, the functioning of the Platform, the correctness of the user purchase scenario, the submission of correct payment instructions to the extent within its scope of control, and the processing of claims within the limits established by the legislation of the Republic of Kazakhstan and this Offer.
  • 7.3. VenMart shall not be liable for the actions of banks, the Payment Partner, or other third parties involved in non-cash payment, including refusal to authorize payment, delay, inability to release funds within the timeframes expected by the User, or other consequences related to non-cash payment, where these actions are beyond the reasonable control of VenMart, except in cases where VenMart’s liability is expressly provided for by the legislation of the Republic of Kazakhstan.
  • 7.4. VenMart shall not be liable for consequences arising from the User’s violation of the Platform usage rules, the inaccuracy of the data provided by the User, unlawful use of the Linked Card, or access by third parties to the User’s account, unless otherwise required by the legislation of the Republic of Kazakhstan.
  • 7.5. VenMart shall not be liable for losses incurred by the User as a result of the actions or omissions of the Payment Partner, banks, or other third parties, except in cases where this liability is expressly provided for by the legislation of the Republic of Kazakhstan.
  • 7.6. Nothing in this Offer limits VenMart’s liability in cases where such limitation is not permitted under the legislation of the Republic of Kazakhstan.

8. Amendment of the Offer Terms

  • 8.1. VenMart has the right to unilaterally amend the terms of this Offer by posting a new version on the Platform, including the mobile application, the vending machine interface, and/or the official VenMart website.
  • 8.2. The new version of the Offer shall take effect upon its posting, unless otherwise specified in that version of the Offer.
  • 8.3. Material changes to the terms of the Offer affecting the use of the Platform, the user purchase scenario, the payment procedure, the rules governing the use of the Internal Wallet, the procedure for settling Debts, or the allocation of liability shall require re-acceptance by the User.
  • 8.4. The Offer shall be re-accepted by the User taking implicative actions that clearly indicate continued use of the Platform, or by the User’s express confirmation of consent in the Platform interface.
  • 8.5. If the User disagrees with the amended terms of the Offer, the User shall cease using the Platform.
  • 8.6. This Offer has a version (document_version) indicated on the Platform and applies to the User in the version effective at the time the Offer is accepted.
  • 8.7. The fact of acceptance of the Offer shall be recorded in VenMart’s information systems upon the first use of the Platform, including the document date, time, and version.

9. Governing Law and Dispute Resolution

  • 9.1. This Offer, as well as all relations arising in connection with its conclusion, execution, amendment, and termination, shall be governed by the law of the Republic of Kazakhstan.
  • 9.2. All disputes and disagreements arising out of or in connection with this Offer shall be resolved in accordance with the legislation of the Republic of Kazakhstan. Jurisdiction shall be determined in accordance with the legislation of the Republic of Kazakhstan, unless otherwise provided by mandatory provisions of law.

10. Contact Information

VenMart LLP

BIN 250740007924

Address: 050060, Republic of Kazakhstan, Almaty, Almaly District, 252 Baizakov Street, premises 1

Email: info@venmart.kz