Limited Liability Partnership "FATON"
BIN 260340014002
GENERAL TERMS AND CONDITIONS FOR COURIERS AND PARTNERS
Last updated: ____________ 2026
These General Terms and Conditions for Couriers and Partners (the "General T&C") have been developed by Limited Liability Partnership "FATON" (the "Company") and apply to all individuals, individual entrepreneurs and legal entities accessing the Application and/or the Company's mobile application as a Courier or a Partner.
These General T&C do not replace or supersede the individual agreements concluded between the Company and a Courier or Partner (the "Principal Agreement"). In the event of any conflict between these General T&C and a Principal Agreement, the Principal Agreement shall prevail. Commercial terms (Courier remuneration, Partner commission rates, settlement periods and other financial terms) are established exclusively in the Principal Agreement.
By accessing and/or registering on the Application as a Courier or Partner, the relevant party unconditionally accepts these General T&C in full. If a party does not agree with any provision of these General T&C, it must immediately cease using the Application.
1. DEFINITIONS
In these General T&C, the following terms have the meanings set out below:
"Company" — Limited Liability Partnership "FATON", BIN 260340014002, registered at: 87 Zhandosova Street, Auezov District, Almaty, Republic of Kazakhstan, postal code 050043.
"Application" — the "FATON" mobile application for mobile devices, web services and Courier /Partner personal accounts through which the Company facilitates interaction between Users, Partners and Couriers.
"Courier" — an individual (including a person applying the special tax regime for self-employed persons), individual entrepreneur or legal entity (acting through its employees) accessing the Application and providing delivery services for Goods and/or Consignments under a Principal Agreement with the Company.
"Partner" — an individual (including a person applying the special tax regime for self-employed persons), individual entrepreneur or legal entity (acting through its employees) accessing the Application to list its goods and/or services and fulfil User Orders under a Principal Agreement with the Company.
"User" — an individual using the Application to place Orders with Partners for delivery by Couriers.
"Order" — a request placed by a User through the Application for the purchase of goods from a Partner, delivery of a Consignment, accepted for fulfilment by the relevant Partner or Courier.
"Account" — a Courier's or Partner's personal record on the Application providing access to its functionality.
"Principal Agreement" — the individual agreement concluded between the Company and a specific Courier or Partner, setting out commercial terms and other specific conditions of cooperation.
"Content" — any materials uploaded by a Courier or Partner to the Application: texts, images, photographs, logos, names, menus, product/service descriptions and other information.
"Privacy Policy" — the Privacy Policy for Personal Data of Couriers and Partners published by the Company on the Application.
"IP Assets" — all intellectual property rights relating to the Application: source code, algorithms, interface, design, databases, trade name, trademarks, domain names and other registered and unregistered rights of the Company.
2. STATUS OF THE COMPANY. NATURE OF SERVICES
2.1. The Company is the owner and operator of the technology Application that facilitates interaction between Users, Partners and Couriers. The Company acts solely as a technology intermediary and is not the employer of Couriers, the seller of Partners' goods or a party to transactions between Users and Partners, unless expressly provided otherwise by the legislation of the Republic of Kazakhstan.
2.2. Couriers provide delivery services as independent contractors. Neither these General T&C nor any Principal Agreement create an employment relationship, agency or representation between the Courier and the Company.
2.3. The Partner independently prepares and/or sells goods and bears sole responsibility for their quality, safety and compliance with applicable law. The Company does not control or guarantee the quality of goods sold by Partners.
3. REGISTRATION. ACCOUNT
3.1. To access the Application, a Courier or Partner must complete the registration process established by the Company and create an Account. Access to the Application without registration is not available.
3.2. During registration and throughout the use of the Application, Couriers and Partners must:
- provide accurate, complete and up-to-date information, including identification, contact and payment details;
- promptly update information in their Account when changes occur;
- keep their login credentials and other authentication means confidential;
- not allow third parties to use their Account and not use another person's Account.
3.3. All actions performed using an Account are deemed to have been performed by the Account holder, unless proven otherwise. Any actual or suspected unauthorised access to an Account must be reported to the Company immediately.
3.4. The Company may refuse registration or block an Account without giving reasons, including in cases of false information, breach of these General T&C or a Principal Agreement, or where there are legitimate grounds to do so.
4. PLATFORM USAGE RULES
4.1. Couriers and Partners may use the Application solely for the purposes set out in these General T&C and the Principal Agreement, and must comply with all applicable requirements of the legislation of the Republic of Kazakhstan.
4.2. When using the Application, Couriers and Partners must not:
- infringe the rights and legitimate interests of third parties, including Users and other Application participants;
- post false, misleading or offensive information;
- engage in fraudulent conduct, including manipulation of order data, ratings or remuneration;
- use the Application for purposes that violate the legislation of the Republic of Kazakhstan;
- copy, modify, decompile or create derivative works based on the Application;
- use automated tools (bots, scripts, scrapers) to interact with the Application;
- take actions aimed at disrupting the Application's operation or gaining unauthorised access to its infrastructure;
- collect, process or transfer User, Courier or Partner data for purposes not provided for in these General T&C, the Principal Agreement or the Privacy Policy.
4.3. All notifications, instructions, messages and updates displayed on or sent through the Application constitute proper communication to the Courier or Partner.
5. CONTENT. LICENCE TO USE
5.1. By uploading Content to the Application (name, logo, menu, descriptions, product photographs and other materials), a Partner grants the Company a royalty-free, non-exclusive licence, valid for the duration of the Principal Agreement, to use such Content for display on the Application and in the Company's marketing materials.
5.2. The Partner warrants that it holds all necessary rights to the Content it uploads and that the Company's use of such Content does not infringe third-party rights. The Partner shall be liable for any third-party claims arising from uploaded Content.
5.3. By uploading a profile photo or other materials to the Application, a Courier or Prtner grants the Company the right to use them for displaying relevant information to Users during Order fulfilment or transport.
5.4. The Company may remove or edit any Content that violates these General T&C, applicable law or Application standards.
6. INTELLECTUAL PROPERTY
6.1. All IP Assets relating to the Application belong exclusively to the Company and/or its licensors. These General T&C do not grant Couriers or Partners any intellectual property rights in the Application, its components or related materials.
6.2. Couriers and Partners are granted a limited, revocable, non-transferable right to use the Application solely for the purposes set out in these General T&C and the Principal Agreement.
6.3. All data accumulated on the Application as a result of Courier or Partner activity (order history, trip history, ratings, reviews, statistics and other aggregated data) are the property of the Company. Couriers and Partners may not claim such data after termination of the Principal Agreement.
6.4. In the event of any infringement of the Company's IP Assets, the Courier or Partner must immediately cease the infringement and compensate the Company for all losses in full. This obligation survives termination of the Principal Agreement.
7. PERSONAL DATA
7.1. Processing of personal data of Couriers and Partners and associated individuals is carried out in accordance with the Privacy Policy for Personal Data of Couriers and Partners, published on the Application and forming an integral part of these General T&C.
7.2. By accessing the Application, Couriers and Partners confirm that they have read the Privacy Policy and consent to the processing of personal data in accordance with that Policy.
7.3. In the course of fulfilling Orders, Couriers and Partners may have access to Users' personal data (name, phone number, delivery address, order contents). With respect to such data, Couriers and Partners must:
- use Users' data solely for the purpose of fulfilling the specific Order or trip;
- not disclose Users' data to third parties;
- not use Users' data for marketing or other purposes without obtaining a separate consent from the User;
- immediately notify the Company (within no more than 24 hours) of any actual or suspected unauthorised access to Users' data.
7.4. Breach of personal data protection obligations by a Courier or Partner constitutes grounds for suspension of Application access, termination of the Principal Agreement and liability under the legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan "On Personal Data and Their Protection".
8. CONFIDENTIALITY
8.1. Couriers and Partners undertake not to disclose to third parties without the Company's prior consent any information that is expressly designated by the Company as confidential or that by its nature should reasonably be considered confidential, including information on the Application's technology, commercial terms of cooperation and User data.
8.2. Confidentiality obligations do not apply to information that must be disclosed by law or under a court order that has entered into force. Where possible, the Courier or Partner shall notify the Company in advance of any required disclosure.
8.3. Confidentiality obligations remain in force for 2 (two) years after termination of the Principal Agreement.
9. SERVICE QUALITY. LIABILITY TOWARDS USERS
9.1. Couriers must provide delivery services professionally, in good faith and in compliance with applicable law and the Company's standards as set out in the Principal Agreement and Application instructions.
9.2. Partners bear full responsibility to Users for the quality, safety and regulatory compliance of their goods. All User complaints relating to the quality of goods shall be handled by the Partner independently.
9.3. In response to substantiated User complaints, the Company may unilaterally deduct amounts from a Courier's remuneration or withhold amounts from payments to a Partner, not exceeding the compensation paid to the User. The basis and procedure for deductions are set out in the Principal Agreement.
9.4. The Company is not liable for defective goods supplied by a Partner, delivery delays caused by a Courier or other breaches committed by a Courier or Partner in the course of fulfilling an Order.
10. SUSPENSION AND RESTRICTION OF PLATFORM ACCESS
10.1. The Company may temporarily suspend or permanently restrict a Courier's or Partner's access to the Application in the following cases:
- breach of these General T&C or the Principal Agreement;
- provision of false information during registration or in the course of Application use;
- fraudulent conduct or conduct causing harm to Users, the Company or third parties;
- systematic or serious breaches of the quality standards set by the Company;
- breach of obligations to protect Users' personal data;
- non-fulfilment of financial obligations under the Principal Agreement (for Couriers — breach of cash remittance procedures; for Partners — overdue commission payments);
- requirement of competent government authorities;
- scheduled technical maintenance or Application security measures (in which case the Company will provide advance notice where possible).
10.2. Suspension of Application access does not relieve a Courier or Partner of financial or other obligations arising prior to the date of suspension.
11. AMENDMENTS TO THESE GENERAL T&C
11.1. The Company may amend these General T&C. Material amendments will be communicated to Couriers and Partners by publishing the updated version on the Application and sending a notification through the Application and/or by email at least 30 (thirty) calendar days before the amendments take effect.
11.2. Continued use of the Application after the date amendments take effect constitutes unconditional acceptance of the updated General T&C. If a Courier or Partner disagrees with the amendments, they may stop using the Application and terminate the Principal Agreement in accordance with the procedure set out therein.
11.3. The current version of this General T&C is permanently available on the Application and on the Company's official website.
12. LIMITATION OF THE COMPANY'S LIABILITY
12.1. The Application is provided "as is". The Company does not warrant uninterrupted Application operation, the absence of technical errors or the availability of all features at all times.
12.2. The Company shall not be liable for:
- indirect, incidental, punitive or consequential losses arising from the use or inability to use the Application;
- acts or omissions of Couriers and Partners in fulfilling Orders or providing transport services;
- technical failures beyond the Company's control, including failures in telecommunications networks and payment systems;
- losses caused by force majeure events.
12.3. These limitations do not apply in cases of willful misconduct or gross negligence by the Company, or where limitation of liability is not permitted under the legislation of the Republic of Kazakhstan.
13. GOVERNING LAW. DISPUTE RESOLUTION
13.1. These General T&C are governed by the laws of the Republic of Kazakhstan.
13.2. All disputes and disagreements arising out of or in connection with these General T&C shall be resolved through negotiation. If a dispute is not resolved within 30 (thirty) calendar days of one party sending a written notice of disagreement to the other, it shall be referred to a court at the location of the Company in accordance with the legislation of the Republic of Kazakhstan.
14. MISCELLANEOUS
14.1. Severability. If any provision of these General T&C is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.2. Assignment. Couriers and Partners may not assign rights or transfer obligations arising from these General T&C to third parties without the Company's prior written consent. The Company may, without such consent, assign its rights and obligations to any affiliate or in connection with a merger or acquisition.
14.3. Entire agreement. These General T&C, together with the Principal Agreement and the Privacy Policy, constitute the entire agreement between the Company and the Courier /Partner regarding the use of the Application and supersede all prior understandings on this subject.
14.4. No waiver. The Company's failure to enforce any provision of these General T&C shall not constitute a waiver of its right to enforce that provision in the future.
14.5. Contact information. For any questions relating to these General T&C:
- through the "Support" section on the Application;
- by email: info@faton.kz;
- by post: 87 Zhandosova Street, Auezov District, Almaty, Republic of Kazakhstan, postal code 050043.
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Limited Liability Partnership "FATON"
BIN 260340014002