Contract Service Rules Standard Terms

1. Objective
1.1. Hereof service terms and conditions (hereinafter referred to as the
“Terms”) regulate the relations between the Foodmart and customers and the
terms of use of the Foodmart “Platform”;
1.2. JSC “Foodmart” is the retail market network (hereinafter referred to as the
“Seller”) with the main activity to offer various sorts of food and non-food
production to the customers (hereinafter referred to as the “Customer” or “Buyer”)
through the trade facilities in various cities under its administration via website or
mobile application (hereinafter referred to as the “Platform”) and to deliver the
production from the respective trade facility through the supplier company
(hereinafter referred to as the “Mediator Company”) via the application based on
the demand of the customer;
1.3. “Foodmart” holds the “platform” used by the Company to offer one or over
virtual stores (hereinafter referred to as the “Sales Desk”) where you enjoy the
opportunity to choose the item and receive it by delivery service or pick-up
1.4. The persons acquiring the products are referred in the hereby “Service
Terms and Conditions” as the “Customer” or “Customers”;
1.5. By registration in the “Platform”, the “customer” agrees with the hereof
terms and confirms that collection, use, and disclosure of the personal
information of the “customer” shall be admissible in line with the confidentiality
policy, and express the consent to “Foodmart” on processing the personal data of
the customer in line with the personal data protection policy.

2. Terms of Use
2.1. By logging in the “Platform” and voluntary creating the profile, all
“customers” acknowledge and clearly agree with the terms and confirm that
collection, use, and disclosure of the personal information of the “customer” shall
be admissible in line with the confidentiality policy of “Foodmart”;

2.2. By ordering the product, the “customer” allows the Seller providing from
the selected sellers the desired products through the mediator company at the
place convenient for the “customer”;
2.3. The production bought by the buyer shall be delivered through the
transport company (hereinafter referred to as the “Mediator Company”). Hence,
JSC “Foodmart” assumes responsibility for quality and commodity properties of
the sold production;
2.4. JSC “Foodmart” shall not carry responsibility for actions/omissions of the
mediator company related to delivery service, which in its turn implies full
responsibility of the mediator company for quality and proper and timely
transportation of the product after the customer makes his/her order via the web-
portal and/or platform;
2.5. Upon giving the electronic confirmation to the hereof service terms and
conditions and after payment, the production is doomed to be purchased by the
customer, and the order is doomed to be delivered/fulfilled by JSC “Foodmart”
upon confirmation of online order.

3. Registration and Account of the Customer
3.1. Access to and registration on the “Platform” requires the as follows:
- The person shall be over 18 to be eligible to purchase the product envisaged
under the legislation of Georgia subject to the age limitation;
- The person shall in due manner fill-in the mandatory registration field with
personal data like name, e-mail, telephone number, and the credit card
- The person shall agree with the hereof “Standard Terms”.
3.2. The “customer” guarantees that the information provided to “Foodmart”
about his/her identity and capacity is true, accurate and complete. At that, the
“customer” undertakes to keep his/her data updated. Otherwise, “Foodmart” shall
be released from responsibility for the consequences of out-of-date information;
3.3. In the event, if the “customer” uploads inaccurate, false or incomplete
information, or if “Foodmart” has the reasonable ground to doubt in authenticity

or accuracy of information, “Foodmart” is entitled to restrict the “customer” in
access to the “platform”, its context and/or service and prohibit use thereof;
3.4. Upon registering on the “platform”, the “customer” shall select the user
name and passport. Both, the user name and password are attributed to the
strictly confidential information and shall not be subject to disclosure to the third
parties other than in the events stipulated under the legislation of Georgia;
3.5. The “customers” undertake not to disclose their account data and not to
grant access thereto to the third parties. The “customers” carry individual
responsibility for consequences of disclosure of their account data to the third
parties, including for the actions made with their user name and/or passport and
the statements made on the “platform”;
3.6. “Foodmart” lacks the capacity to ensure the authenticity of identity of the
registered users and thus, it cannot carry responsibility for the use of the
accounts and identity of the registered users by the non-registered third parties.
The “customers” shall, through the “contact form” without delay notify
“Foodmart” about appropriation/disclosure or loss of their user name and
3.7. The “customers”, in view to accomplish the registration process on the
“platform”, shall provide certain information, including their name, e-mail,
address, telephone number, information about their credit card, etc. Upon
accomplishment of registration, the “customers” are eligible to log in their profile
and accomplish/change/annul registration at their discretion;
3.8. Inasmuch as “Foodmart” is not capable to ensure the authenticity of the
identity of the registered “customers”, the “customers” shall notify “Foodmart”
about appropriation and/or fraud use of their credit card by the third party.
Otherwise, “Foodmart” shall be exempted from responsibility for fraudulent use of
the credit card by the third parties.

4. Service Provision and Payment of Service Fees
4.1. Registration on and use of the “platform” is free for the “customers”;
4.2. The “customer” enjoys the opportunity to, through the “platform” menu,
select the options of production and/or services preliminarily offered by

“Foodmart”. The “platform” also provides the characteristics and price of the
products or services and the image if necessary;
4.3. The “customer” shall indemnify each service requested through the
“platform”. At that, the “customer”, upon purchasing production/service provision,
shall pay the respective price. By registration on the “platform” and providing the
bank account data, the “customer” grant “Foodmart” the authority to require the
service fee payment receipts, including the price for ordered production;
4.4. The full price per each service varies and depends on the type and
frequency of the products purchased by the “customer”, and in case of delivery,
depends on the distance and service provision time. “Foodmart” is entitled to, in
accordance with service provision time and distance, change the service fee.
Pursuant to the hereof Terms, the “customer” shall be entitled to hold the
information about the service fee prior to conclusion of the contract and payment
other than the events, when the “customer” failed to specify the delivery venue.
Delivery price may be increased in force majeure going beyond control by
4.5. Inasmuch as “Foodmart” is the grocery trade subject, it is entitled to any
time change the prices uploaded on the “platform”, which shall become effective
upon promulgation;
4.6. The price uploaded on the “platform” is expressed in the national currency
and includes all taxes envisaged under the legislation of Georgia;
4.7. The “customer” shall pay the service fee by the credit card. In view to
ensure the payment by the credit card, the “customer” shall upload his/her credit
card data to his/her “platform” account. “Foodmart” does not save the card
number and allows solely reading of the last four digits of the card number. Full
information is stored at the payment service provider. The “customer”, if opting to
pay by the credit card, shall not carry liability to pay the additional fee;
4.8. In the event, if payment by the “customer” appears impossible at any
reason, the “customer” shall be blocked from using the “platform” till full coverage
of the indebtedness;

4.9. The respective service fee shall be uploaded on the “platform” taking the
certain peculiarities above into account and shall be automatically used at the
last stage of the contractual process;
4.10. The service includes product collection and provision and/or delivery
through the mediator company to the address indicated by the “customer” in line
with the “Standard Terms” established by “Foodmart” providing that collection
and the delivery venue is located within the “Foodmart” operation area;
4.11. The “customers” shall be responsible for the accuracy of the address and
hence, “Foodmart” is exempted from responsibility for provision of inaccurate
address. The “customer” shall remunerate the costs inflicted for collection of
products on the “platform” and delivery thereof to incorrect address;
4.12. The “customer” shall, within capacity, issue the detailed instruction
regarding the assignment and about the production, if necessary, purchased by
the representative of “Foodmart” on his/her behalf in the trade facility. In this
view, the “customer” can put the comment in the special section “Comments”
and, if necessary, share the photo footage with the representative of “Foodmart”
for identification of the order;
4.13. “Foodmart” shall be exempted from responsibility if the “customer”, by
ignorance or mistake, makes the order/instruction. The “customer” shall be
imposed with the obligation to cover the costs inflicted due to provision of
inaccurate information on the “platform” regarding the production (such are
incorrect address or product);
4.14. In the event, if the “customer” is absent at the delivery venue or fails to
meet the order at the indicated address, “Foodmart” shall store the production
during the order day (until 24h00) and in case of delivery of the nondurable
goods, “Foodmart” shall carry no responsibility for aggravation of condition of the
production. The “customer” shall pay 100% of the service fee and the price for re-
ordered and re-purchased production in line with the demand of the “customer”.
The “customer”, in view to receive the goods, shall pay the new service fee;
4.15. As the assignment is fulfilled, in case the order included the purchase of
the goods for pick-up from “Foodmart” sales desk, “Foodmart” shall provide the
“customer” with the order code and/or the purchase receipt. The order code

constitutes the receipt of the “customer” for pick-up of the product. The
“customer” shall not pick-up the order at the desk within less than 30 minutes
upon confirmation of the order. In case of loss of the order code, the “customer”
shall, through his/her personal account on the “platform”, seek the certain code; if
the assignment included solely delivery of the purchased goods, “Foodmart” shall
deliver the goods to the “customer” at time established by the latter, however in
no less than 45 (forty-five) minutes at the indicated place. In the event, if the
“customer, upon confirmation of order and commencing the delivery by
“Foodmart”, cancels the order or changes the delivery place entailing the extra
cost infliction to “Foodmart”, “Foodmart” shall be empowered to require from the
“customer” full remuneration of the costs, which shall be calculated individually
deriving per fact;
4.16. The “customer” shall pay the product price and/or service fee by e-transfer
to the account of “Foodmart” pursuant to the law stipulating service render
through the “platform”. Additional information about payment methods used by
“Foodmart” can be available through application of the question in the “Contact
4.17. The “customer” shall be entitled to contact “Foodmart” for confirmation of
the final price of the ordered goods;
4.18. The “customer” agrees and acknowledges that all production uploaded on
“Foodmart” “platform” may not be accessible and that “Foodmart” may not ensure
implementation of the order on certain goods and/or services;
4.19. The “customer”, to receive the additional information about the order, may
contact “Foodmart” through the “Contact Form” and notice to the number
provided on the “platform”;
4.20. The “customer” intended to order the purchase/delivery of the spirits
through the “platform” shall be of full age – over 18. In making the order, the
“customer” confirms that he/she is over 18. “Foodmart” reserves the right to
reject the order and delivery of the spirits in the event, if the “customer” fails to
confirm his/her full age. Hereof term shall be applied as well in regards with other
product/services purchase of which by the “customer” through the “platform”
requires confirmation of full age in line with the prevailing legislation;

4.21. In the event of purchase of the goods with the special mark, namely
offered by weighing (hereinafter referred to as the “Weigh Goods”), the
“customer” will encounter temporary termination/block the price for the ordered
weigh goods. Obligation to pay will emerge only after receipt of the goods, and
the ordered goods may be corrected upon receipt through correction thereof by
the “Foodmart” trade facility manager only in view of reduction of the weight, after
which the information on the “platform” of the “customer” shall be updated, the
parties shall confirm sale of the goods and the terminated/blocked amount shall
be written-off.

5. Right to Cancel the Order
5.1. The “customer” is entitled, prior to confirmation of the order by
“Foodmart”, to cancel the order by the call to “Foodmart” hotline: 032 2 30 30 30;
5.2. The “customer”, in accordance with the type of the “Foodmart” service,
acknowledges that when “Foodmart” receives the order, the order shall be
considered commenced and the “customer” will be deprived of the right to cancel
the order without payment;
5.3. In the event, if the “customer” cancels the order, the “platform”
automatically generates the obligation of the “customer” of payment of 100% of
the price of delivery (in case of demand of the similar service);
5.4. At that, if the ordered product is already purchased, the “customer” may
appeal to “Foodmart” for the return of the product and/or annulment of service
agreement. In the event of return of the product by “Foodmart”, the “customer”
shall receive remuneration for the goods. The “customer” realizes that return of
the product may fail and “Foodmart” is entitled to require payment of the product
price and delivery fees if such;
5.5. In the event, if the “customer” has indicated the incorrect address for
delivery, he/she is empowered to any time provide the new address within the
operation area of “Foodmart”. In such a case, the “customer” orders a new
service and agrees to pay the respective price for delivery if necessary. In the
event, if the new address is beyond the operation area and/or in another city, the
order may be canceled and the “customer” shall cover the respective costs;

5.6. “Foodmart” reserves the right to, in case of submission of goods reasons,
cancel the order. In case if “Foodmart” cancels the order, the “customer” shall
receive remuneration for his/her costs if such. In any case, canceling the order
depends on the “Foodmart” policy.

6. Return of the Product
6.1. In the event, if the “customer” intends to return the product or file the
claim regarding service provision, he/she shall be entitled to, upon receipt of the
order, immediately inform the representative of “Foodmart” at the sales desk and
submit the receipt for purchased/delivered goods;
6.2. The “customer”, prior to signing the act on receipt of the product, shall
inspect compliance of the product delivered by “Foodmart”. By signing the act,
the “customer” confirms the order made on his/her behalf. At that, the third party
is empowered to, on behalf of the “customer”, confirm the order if the “customer”
is absent at the delivery venue and empowers the third party to receive the order.
The “customer” (and/or the third party) shall carry responsibility for inspection of
compliance of the service and if necessary, for submission of evidence of
6.3. In any case, the return of the goods depends on “Foodmart” policy. The
“customer” shall, through the “Contact Form”, notify “Foodmart” about the

7. Obligations of the “Customers”
7.1. The “customers” carry full responsibility for the due application of own
profile and the “platform” in line with the prevailing legislation, and assume
obligation to in good faith fulfill the “Standard Terms”;
7.2. The “customers” shall abstain from illicit use of their profile and other
context of the “platform” or illegal actions in prejudice to the rights and interests
of the third parties or in the manner that in any way may damage, negatively
affect or deprive capacity of the “platform”, its context and services. Besides, the
“customers” are prohibited from impeding other customers in use of the

7.3. Any person breaching the hereof obligations shall carry responsibility for
the inflicted damage. “Foodmart” does not recognize responsibility for the
damage inflicted by the third party by illicit use of the “platform” or access to the
“platform” by the third parties;
7.4. In general, the “customers” assume responsibility to without limitation:
- Abstain from a full or partial change of the “platform”, its sale, infliction of
incapacity or otherwise interference in its operation and services;
- Abstain from interference in industrial and intellectual property rights and from
violation of personal data protection regulations;
- Abstain from using the “platform” for insulting, intimidating, disturbing of and
attacking other “consumers”;
- Abstain from promoting “Foodmart” goods and services without the
preliminary consent;
- For the damage inflicted by provision of inaccurate, false, annulled,
incomplete information, including false information about the age.

8. Responsibility of “Foodmart”
8.1. The “customers” may declare about any incidents or problems emerged
as a result of access to the “Foodmart” “platform” in writing. “Foodmart” shall
analyze the incident and render assistance to the “consumer” in effective solution
of the problem;
8.2. “Foodmart” does not control and carries no responsibility for the
information uploaded by the “customer” though the “Platform” as it is the
“consumers” who carry responsibility for the legality of such information;
8.3. “Foodmart” shall carry no responsibility for suspensions in provision of the
service, errors in communication, absence of access to the internet, suspension
of the internet or any other issues beyond its control;
8.4. “Foodmart” reserves the right to reject the upload of any product to its
“platform”, as well as to change the context of the informative page without any
further responsibility.

9. Responsibility for Authenticity of Information

9.1. “Foodmart” does not control (or shall not control) use of the “platform” by
the “customer”. Correspondingly, it does not guarantee that the “customers” use
the “platform” in line with the hereof “Standard Terms” or in diligence. “Foodmart”
does not inspect (or shall not inspect) the identity of the “customers” or accuracy,
authenticity and/or completeness of their data;
9.2. “Foodmart” shall carry no responsibility for illegal use of the “platform” by
the “customers” or for the damage inflicted by the “customers” due to provision of
other “customers” with false, annulled or incomplete information, including wrong
information about the full age and the damage inflicted due to embodiment of the
third party by the “customer” on the “platform” in view of communicating others or
in view of gaining benefit of the “platform”. “Foodmart” shall also carry no
responsibility for use of the account of the “customer” by the third party;
9.3. Nevertheless, “Foodmart” reserves the right to fully or partially restrict
access of certain “customers” to the “platform” and reserves the right to, through
respective technologies, annul, postpone, block or delete certain context if it
detects that action or stored information are illegal and prejudice the rights and
property of the third parties.

10. Personal Data Protection
10.1. Pursuant to the Law on Personal Data Protection, “Foodmart” informs the
customers about the “Personal Data Protection Policy” applied upon processing
the personal data provided voluntarily by the customers during access to the
mobile application or the website of “Foodmart”;
10.2. The customers shall, in view of registration at “Foodmart” platform, provide
information as follows: name/last name, e-mail, telephone number, and credit
card information;
10.3. The “customers”, after the accomplishment of registration, will enjoy the
access to their personal page and will have the opportunity to, at own discretion,
introduce the changes/amendments thereto;
10.4. “Foodmart” ensures processing of the data every convenient time in full
adherence to the prevailing legislation;

10.5. “Foodmart” processes the customer data in view to allow them accessing
the “Foodmart” platform and enjoy the service in line with the platform “Terms”.

11. Update and Change of the Platform
11.1. “Foodmart” reserves the right to, any time, change the hereby “Standard
Terms” without the preliminary notice. The “customers”, prior to accessing to the
“platform”, shall thoroughly get cognizant with the hereby “Standard Terms”. In
any case, it is mandatory to agree with the “Standard Terms” to enjoy the service
and receive information through “Foodmart” “platform”. “Foodmart” also reserves
the right to update, change or delete information on the “platform” about
planning, representation and access terms any time without the preliminary
notice and responsibility. “Foodmart” does not guarantee that no impediments
will be encountered upon accessing the “platform” and that the “platform” will be
under constant update. Nevertheless, “Foodmart” shall do its best to eliminate
the mistakes, restore communication and update information other than the
cases when it is almost unfeasible and/or impossible and inexpedient deriving
from business interests.

12. Intellectual Property
12.1. “Foodmart” holds all intellectual and industrial property/usage rights
provided on the “platform” or available through the “platform”. The intellectual
property rights of the “platform”, as well as the text, images, graphic design,
structure, information and context thereof constitutes the property of “Foodmart”;
12.2. Granting access to the “platform” for the “customers” shall not imply a
waiver of the intellectual or industrial property/usage right by “Foodmart”, full or
partial delegation of hereof rights or the license. Deletion of the context of
“Foodmart” “platform”, alienation or falsification in any manner shall be
inadmissible. At that, change of information on “Foodmart” “platform” for public or
commercial purpose, duplicating information or re-use thereof, exploitation,
reproduction, publication or re-edition by uploading the files, sending by e-mail,
delegation, use, re-processing or distribution other than the events, when
“Foodmart” issues the clear written consent on any of them;

12.3. The “customers”, by providing information through the “platform”, grant
“Foodmart” for gratis the intellectual or industrial property exploitation rights
providing the restrictions within the law;
12.4. “Foodmart” respects and protects the copyright or adjoining rights of the
third parties and the regulations related to the use of the trademarks envisaged
under the Law of Georgia on “Trademarks” and the Law of Georgia on “Copyright
and Adjoining Rights”;
12.5. “Foodmart” declares to respond to any notice about a violation of hereof
regulations and reserves the right to terminate relationship with the “customer”,
including to annul the account of the offender in its system.

13. Other Conditions
13.1. In the event, if any of the norms of hereby “Standard Terms” is annulled or
declared void, it shall no longer be considered an integral part of the contract.
Such annulment shall not entail annulment of other norms of the contract and
hence, the contract remains valid;
13.2. Relations between “Foodmart” and “customers” are regulated under the
“Standard Terms” the issues of elucidation, authenticity, and enforcement of
which are regulated in line with the legislation of Georgia, and in case of the
failure of the parties to achieve consent, the disputes shall be resolved by the
Courts of Georgia;
13.3. “Foodmart” reserves the right to delete any illegal or humiliating notice
without the preliminary warning or further notification;
13.4. “Foodmart” reserves the right to regulate every circumstance emerged in
relation with the “customers”, which are not stipulated under the hereof Terms
and Conditions, in an individual manner through direct communication with the
13.5. By accessing the “platform”, the “customers” confirm that any claim
emerging to the responsibility for the actions or omissions by other “customers”
or the third parties will be directed only against those “customers” and the third
parties and not against “Foodmart”;

13.6. Under hereof conditions and in case of introduction of the changes, the
updated Terms and Conditions shall be uploaded on “Foodmart” website;
13.7. In the event, if any of the provisions of the “Standard Terms” appear
irrelevant for the Court, these provisions apply only with the minimal standard,
and the provisions in legal force remain in full capacity and context;
13.8. In case of introduction of the changes of special interest and importance,
the customers shall be notified in writing and/or by e-mail and/or on personal
13.9. In the event, if the customer does not agree with the updated Terms and
Conditions, he/she loses the right to use the platform.