Public Offer
1. General Provisions
1.1. This document is addressed to any individual and constitutes an official offer from BellFast LLP (Business Identification Number (BIN) 130240017651) (hereinafter referred to as “soft-taxi”) and sets forth all material terms and conditions governing the operation of the soft-taxi platform. The soft-taxi platform comprises a suite of computer and database programs that enable the User to post, free of charge, information regarding potential demand for transportation, vehicle operation, courier and other services, and enable the Partner to view Orders placed by the User and accept them for fulfillment (hereinafter referred to as the “Platform”). The list of available services may vary depending on the User’s location.
1.2. In accordance with Article 495 of the Civil Code of the Republic of Kazakhstan, this document constitutes a Public Offer. By ordering the services, the User accepts this Offer, which is deemed equivalent to entering into a contract under the terms and conditions set forth in this document. The User must carefully read the text of this Offer before beginning to use the Platform and, if they do not agree with any of the proposed terms or conditions, must refrain from using the Platform. If the User has any questions or concerns regarding the terms or conditions of use of the Platform, they must contact the soft-taxi support team through the relevant form on the Website and refrain from using the Platform until they receive the necessary clarification.
1.3. By accepting these Terms and Conditions, the User also grants consent to the processing of their personal data in cases where such consent is required by the provisions of the Law of the Republic of Kazakhstan No. 94-V “On Personal Data and their Protection” dated May 21, 2013. The User’s personal data is processed in accordance with the Privacy Policy posted on the Internet at https://soft-taxi.com/. When collecting and processing user data, soft-taxi complies with the provisions of the Law of the Republic of Kazakhstan No. 94-V “On Personal Data and their Protection” dated May 21, 2013.
1.4. For the purposes of these Terms and Conditions, the terms listed below have the following definitions:
1.4.1. Services means services provided by Partners and ordered through the Platform.
1.4.2. Order means a request for Services processed by the system.
1.4.3. Partner means an individual who, independently and on their own, provides Services to the User.
1.4.4. User means a person who submits a request for Services through the Platform.
1.4.5. Personal Account means an account used to record the User’s advance payments and the amounts reserved (deducted) from those payments as fees for Services.
1.4.6. Personal Account Balance means the difference, at a given point in time, between the amounts of funds deposited into the Personal Account and the amounts deducted from it.
1.4.7. Personal Profile means a page on the soft-taxi’s website containing User information, statistical data on the volume of Services provided, and the current status of the User’s Personal Account, as well as other information, the composition and content of which are determined by soft-taxi.
1.4.8. Scheduled Order means an order for a Service placed more than 60 minutes in advance, which allows for the Service to be provided at a time requested by the User.
1.4.9. Current Order means an order that requires the Service to be provided at the nearest possible time.
1.4.10. Authorized Mobile Application (Mobile Application) means soft-taxi’s program, installed on the User’s mobile device, that automates the process of placing Orders through the Internet.
2. Platform’s Terms of Use
2.1. The User can use the Platform to submit requests for Services free of charge. A complete list of Services is available on soft-taxi’s website at https://soft-taxi.com (hereinafter referred to as the “Website”) or in the Mobile application. soft-taxi does not provide any Services to the User directly and does not assume the rights and/or obligations of a service provider in relation to such Services.
2.2 The User is responsible for the content and accuracy of the information provided when placing their Order. Once an Order has been placed, the User’s information and the details of the Services they request cannot be changed or edited without the User’s consent.
2.3. soft-taxi provides its Partners with access to Orders free of charge. The Partner selects an Order and notifies soft-taxi about it, indicating the time when the they will begin providing the Service for the selected Order. soft-taxi guarantees only that it will provide the Partner with access to the Order. The Partner is the one responsible for providing the Service.
2.4. soft-taxi informs the User about the procedures and details of the Service being provided, including all material information necessary for the Partner to properly and accurately provide the Service.
2.5. The Platform may be used to place scheduled orders for the provision of Services. The Partner, who has been notified by soft-taxi of the scheduled order in advance, is responsible for the timely provision of the Service. However, the provision of the Service is not guaranteed.
2.6. Users who do not agree to the Terms and Conditions of this Offer may be denied access to the Platform without further explanation.
2.7. For the purpose of internal quality control of Services, telephone conversations involving the User — including conversations between the User and the Partner — may be recorded.
2.8. In order to improve the quality of the Services provided and to ensure timely communication between the User and the Partner, the User may notify soft-taxi of any instances where the Partner has failed to properly fulfill its obligations to the User, as well as of any other instances where the Partner has violated the User’s rights. This report may be submitted to soft-taxi via the its online feedback form or in writing to its registered address. In this case, soft-taxi shall notify the Partner about the received complaint, disclose its content, and provide them with the User’s contact phone number. Further resolution of the complaint shall be handled between the User and the Partner without soft-taxi’s involvement. The content of this Clause does not constitute, nor may it be interpreted as, soft-taxi assuming any obligations to compensate for damages in kind or in cash, to pay compensation, and/or to assume any other obligations not provided for in this Offer.
3. Rights and Obligations of the Parties
3.1. soft-taxi’s obligations:
1) Placing the Order in its system, granting the Partner access to the Order, and keeping the User informed about the progress of their Order.
2) Notifying the User if there’s an unavoidable delay in providing the Service.
3) Notifying the User if the Service cannot be provided.
4) Timely crediting the User’s advance payments to their Personal Account.
5) Timely detecting and preventing attempts to gain unauthorized access to the User’s data and/or the transfer of this data to parties not directly involved in the provision of Services.
3.2. The User’s obligations:
1) Ordering the Service, taking into account the time required to complete it.
2) Notifying the Partner of any important conditions for the provision of the Services. Partners use such information when accepting Orders.
4. Settlements Between the User and the Partner
4.1. soft-taxi permits the User to use the Platform free of charge.
4.2. Payment for the Service is made by the User to the Partner directly. soft-taxi informs the User about the Service’s price. This price is calculated based on the rates applied by the Partner who accepted the Order for fulfillment. Partners’ pricing may be dynamic and depends on various factors (road conditions, traffic congestion, time of day, season, demand trends, weather conditions, etc.), which may result in differences in the price of similar Services at different times. Informing the User of the final price of the Service does not indicate, nor can it be regarded as, a confirmation that the Service is provided by soft-taxi.
4.3. The method of payment for the Service is determined by the User without soft-taxi’s involvement.
4.4. soft-taxi does not provide the User with any instructions regarding the method and procedure of payment for the Services provided.
4.5. soft-taxi provides the User with the technical capability to pay for Services via non-cash payment using bank cards. However, soft-taxi only provides the technical capability for payment, rather than accepting the User’s money or acting as the Partner’s agent for accepting this money.
4.6. Non-cash payments using bank cards are made via credit or debit cards issued by Visa and MasterCard.
4.7. To be able to pay for Partners’ Services via non-cash payment using bank cards (where technically feasible), the User must sign in to their Personal Profile and link their bank card to their Personal Account.
4.8. Non-cash payments are processed in accordance with the rules of international payment systems, based on the principles of confidentiality and payment security. User data security is ensured by procedures that comply with the Payment Card Industry Data Security Standard (PCI DSS), and no one, including soft-taxi, can access this data. Bank card information is entered on a secure payment page hosted by the acquiring bank, which allows for cashless payment of Services.
4.9. To confirm the User’s ability to pay via a non-cash transaction, funds equal to the price of the relevant Services may be reserved on the User’s bank card upon placing the Order. If the User cancels a placed Order, or in other cases where the Services were not provided to the User, the funds reserved on the card will be refunded to the User.
4.10. If the User changes the amount of requested Services, including after the Partner has started providing the Services, the price will be recalculated. The User will pay for the Services based on the amount of Services actually provided.
4.11. The User and the Partner may agree on other payment methods for the Services not stipulated in this Offer, including payment in cash or by other means that do not violate the applicable laws.
4.12. The Partner may charge the User a fee for providing additional Services, including, but not limited to, waiting for more than 3 minutes before starting to provide the Service, transporting oversized items, and so on. If the User places a Scheduled Order, the free wait time is calculated from the moment the vehicle actually arrives and the User is notified about it. However, the free wait time cannot be less than 3 minutes and cannot expire before the time specified in the Scheduled Order.
4.13. The Partner may impose a penalty if the User rejects the Service after being notified of the Partner’s arrival. The User is deemed to have rejected the Services after the free wait period established in Section 4.12 of this Offer expires, unless the User has notified the Partner of their consent to a paid wait. The amount of the penalty is calculated in proportion to the minimum price of the Service effective at the time the Order was placed and the distance from the Partner’s location at the time the Order was placed to the location specified by the User.
4.14. The Service notifies the User of the price of additional Services set by the Partner and the amount of any penalty. The User pays for the additional Services and the penalty directly to the Partner in the established manner.
4.15. The Partner may notify soft-taxi of the User’s failure to fulfill their payment obligations for the Services. In this case, soft-taxi will notify the User of the outstanding balance. To settle the User’s outstanding balance with the Partner, the price of the Services may be increased by the amount of such balance when the User places a new Order.
5. Governing Law. Liability of the Parties
5.1. The legal relations between the Parties arising from the fulfilment of this Offer shall be governed by the laws of the Republic of Kazakhstan.
5.2. Each Party are liable for any failure to perform its obligations in accordance with the laws of the Republic of Kazakhstan.
5.3. soft-taxi is not liable for any Platform downtime caused by failures in software or hardware owned by third parties.
5.4. soft-taxi is not liable for any total or partial Platform downtime caused by equipment or software replacement or other maintenance work necessary to maintain the operability and further development of the Platform’s technical infrastructure.
5.5. soft-taxi is not liable for any direct losses or lost profits incurred by the User as a result of using the Services provided by Partners.
5.6. soft-taxi is not liable for the Partner’s failure to perform its obligations to the User.
6. Dispute Resolution
6.1. The Parties will resolve any disputes or disagreements arising from the performance of this Offer through negotiation.
6.2. If such disputes cannot be resolved through negotiation, they will be settled in accordance with the applicable laws of the Republic of Kazakhstan.
7. Special Terms
7.1. By agreeing to the terms and conditions of this Offer, the User consents to receive informational messages, including advertising, distributed via communication networks, and to receive such messages and information through Internet messaging applications such as Viber, WhatsApp, Telegram, and similar applications, where and to the extent such consent is required under the laws of the Republic of Kazakhstan governing advertising. The User may opt out of receiving promotional messages by sending a corresponding notification to soft-taxi.