USER AGREEMENT - OFFER
1.1. For the purposes of this User Agreement - Offer (hereinafter referred to as the Agreement or Offer), the following definitions are used:
1.1.1. "User" - any individual and / or legal entity capable and legally capable in accordance with the legislation of the Republic of Kazakhstan.
1.1.2. "Personal data" - any information about the User (last name, first name, individual identification number / business identification number, telephone number, e-mail addresses, access credentials: password, login / pseudonym / name, etc.), related by the legislation of the Republic Kazakhstan to the category of personal data of limited access;
1.1.3. "Account (account)" - a set of data necessary to identify the User in order to provide him with access.
1.1.4. The computer software program (hereinafter referred to as the Program) is an object of intellectual property, which can also be in the form of a web Program and / or a mobile application.
2. Subject of the Agreement
2.1. This Agreement is a public contract-offer (proposal) in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan. the Program Owner provides any User with the opportunity to use the Program in two ways of access: (1) without registration and payment as part of limited access to the Program (hereinafter referred to as Demo Access) or (2) with registration and creation of an Account and payment as part of full access to the Program (hereinafter referred to as Full Access).
2.2. For Demo Access: The Agreement comes into force from the moment the User expresses consent to its terms (acceptance) by accepting the terms of the Agreement in a dialog box on the Program, which, within the meaning of Article 396, clause 3 of the Civil Code of the Republic of Kazakhstan, is an acceptance of the Program Owner's offer.
2.3. For Full Access: the Agreement comes into force from the moment the User expresses acceptance (consent) with its terms in the following ways:
2.3.1 for individuals: by paying for the Services specified in the Bilim Land LLP Program, which, within the meaning of Article 396, clause 3 of the Civil Code of the Republic of Kazakhstan, is an acceptance of the offer of the Program Owner.
2.3.2 for legal entities: by accepting and filling out a written application available in the Program, which, within the meaning of Article 396, clause 3 of the Civil Code of the Republic of Kazakhstan, is an acceptance of the offer of the Program Owner. Acceptance (consent) of the User is sent to the mail specified in the Bilim Land LLP Program. From the moment the User receives a scanned copy of the User's statement for joining to the offer, the Agreement between the User and Bilim Land LLP is considered concluded, entered into force, and is the fundamental document in the official relationship between the parties. The User undertakes to pay for the Service specified in the Bilim Land LLP Program within 3 working days from the date of signing and sending a written application. Full access is provided to the User only after receiving payment for the Service in full.
2.4. The acceptance is entire and unconditional.
2.5. In order to improve the quality of the provision of services, the User agrees to the collection, processing, storage, use and distribution by any means to third parties of the personal and other data of the User and / or third parties, including minor children / child of the User, provided on the Program, in accordance with the requirements defined by this Agreement.
2.6. The terms of the Agreement can only be accepted in full, without any reservations, limitations or exceptions. The User's expression of his consent means the conclusion of a civil law contract that gives rise to the User's obligation to comply with the terms of the Agreement, including any applicable rules of conduct for the User on the Program.
2.7. To use the Program, the expression of consent (acceptance) with the provisions of the User Agreement is a prerequisite.
2.8. The provisions of this Agreement are effective until terminated.
To terminate this Agreement, the User sends a written application to the Program Owner in any form. The Program Owner reviews this application within 30 calendar days. If there are no claims from the Owner of the Program after the expiration of this period, this Agreement is considered terminated upon sending the User an official consent to termination.
2.9. After accepting the acceptance, no refund will be made to the User.
2.10. Recalculation can be carried out only in the direction of increasing the term of the purchased subscription, if only such an appeal was sent to the mail specified in the Program of Bilim Land LLP within 14 calendar days after payment for the selected subscription.
3. Rights and obligations of the Parties
3.1. The User has the right:
3.1.1. Choose how to access the Program: Demo access or Full access;
3.1.2. Terminate the use of the Account and terminate this Agreement in court;
3.1.3. Express consent to the collection and processing of personal data, including, if necessary, from state and other databases;
3.1.4. Change the login/pseudonym and password to access the Account;
3.1.5. Use the Program in compliance with the terms of this Agreement, as well as the norms of the legislation of the Republic of Kazakhstan;
3.1.6. Require the Program Owner to change and supplement their personal data if there are grounds, confirmed by relevant documents;
3.1.7. Exercise other rights not prohibited by the legislation of the Republic of Kazakhstan.
3.2. The User undertakes:
3.2.1. To register, provide reliable information about yourself according to the registration form. Any doubts of the Program Owner about the inaccuracy of the information provided by the User entails refusal to register, temporary blocking and / or deletion of the User Account;
3.2.2. Keep secret the unique login and password used to access the Account. Login and password are confidential information and are not subject to disclosure, except as provided by applicable law and/or the Agreement. Any risks associated with the loss by the User of the password and login of his own Account are borne by the User himself.
3.2.3. Periodically get acquainted on the Program with the content of this Agreement in order to familiarize yourself with the changes made in accordance with clause 3.3.1. Agreements;
3.2.4. Do not violate the intellectual property rights of the Program Owner and / or other third parties to the Program, and / or any of its elements, in particular, the User does not have the right to copy, broadcast, send, publish, and otherwise distribute and reproduce materials posted by the Program Owner for commercial purposes (text, graphics, audio / video, etc.) without the written consent of the Program Owner, except as expressly permitted on the Program (for example, the “share” functions through social networks);
3.2.5. Take appropriate measures independently to ensure the security of the login and password used to access the Account and prevent unauthorized access to it by third parties (in particular, ensure that the password is not saved in the browser, including when using cookies, when possible use of the User's computer device by third parties);
3.2.6. Notify the Program Owner of all cases of actions on the Program against the User that can be regarded as offensive, humiliating, defamatory, etc.;
3.2.7. When using the Program, including during correspondence, strictly adhere to the ethical and moral standards accepted in society, the requirements of the legislation of the Republic of Kazakhstan, extending their effect to the conditions and rules for posting public information using the media, and also strictly comply with the requirements of the section " Special Terms” of this Agreement;
3.2.8. Comply with other requirements and fulfill other obligations stipulated by the Agreement and / or posted on the pages of the Program.
3.3. the Program Owner has the right:
3.3.1. At its discretion, at any time, change, edit, add, supplement, exclude or remove any provisions (in whole or in part) in this Agreement. At the same time, the new version of the Agreement comes into force from the moment it is published on the Program, unless otherwise provided by the new version of the Agreement. At the same time, the Program Owner is not obliged to notify the User about changes and additions to this Agreement in accordance with clause 3.2.3 of this Agreement.
3.3.2. Without explanation, block and / or delete the User Account, prohibit access using any Account to the pages of the Program, including in case of violation by the User of the terms of this Agreement.
3.3.3. Send Users information messages. By registering in any possible way, the User agrees to receive informational messages to the email address and/or mobile phone number specified in the Account.
3.3.4. At any time, change the design and user interface of the Program, its content, the content of the functions provided, change or supplement the scripts, software and other objects used or stored on the Program and any Applications without notifying the User;
3.3.5. At its sole discretion, remove without any reason and without warning any material and / or function of the Program, including information that violates and / or may violate the legislation of the Republic of Kazakhstan, the provisions of this Agreement, the rights of other Users, other third parties and the state;
3.3.6. At its sole discretion, delete any information (including the User's messages, statuses, other information and other materials), including those posted by the User on the Program in violation of the legislation of the Republic of Kazakhstan or the provisions of this Agreement.
3.3.7. At its sole discretion, disable the technical ability to correspond with certain materials posted on the Program.
3.3.8. Take any other measures not prohibited by the legislation of the Republic of Kazakhstan.
3.4. the Program Owner undertakes:
3.4.1. On the terms set forth in the Agreement, provide the User with the technical ability to use the Program.
3.4.2. Comply with all requirements of the legislation of the Republic of Kazakhstan.
4. Special terms of the Agreement
4.1. The User acknowledges, warrants and agrees that:
4.1.1. The use of the Program by the User after the Program Owner makes any changes to the text of this Agreement means the User's consent to the changes made;
4.1.2. All messages of the User on the Program reflect only his opinion on a particular situation/topic. The opinion of the Program Owner may not coincide with the opinion of the User. Any and all risks of any possible damage to the User due to the incorrect, illegal content of his comments and messages are solely borne by the User. the Program Owner does not assume any obligations and is not responsible for the content of any information and actions stated and / or performed by the User;
4.1.3. Realizes what the process of collecting, processing, storing and transferring his personal data to a third party is and undertakes not to present any claims to the Program Owner in this regard;
4.1.4. Will not transfer the login and password to the Account to other third parties;
4.1.5. Will not carry out actions of a fraudulent nature, including supporting any fraudulent activities, including circumvention and / or hacking of the technical means of protection used by the Program Owner;
4.1.6. If the User has not reached the age of 18, then he can use the Program only with the permission and under the supervision of parents or official guardians, trustees;
4.1.7. For violations of the provisions of this Agreement, the User is personally liable, including to third parties.
4.2. The User is prohibited from:
4.2.1. Carry out propaganda or agitation that incites social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious, linguistic and other superiority;
4.2.2. Post on the Program or transmit through messages, comments information of restricted access (confidential information) of third parties, if the User does not have sufficient rights by virtue of law or agreement to disclose this information;
4.2.3. Post, reproduce, process, distribute, publish in the Program, communicate to the public, transfer, sell or otherwise use, in whole or in part, the materials of the Program, other Users or third parties that are the object of copyright and other exclusive rights, without their prior permission by the Owner of the Program, except for the cases established by the Agreement, the current legislation of the Republic of Kazakhstan, as well as cases expressly provided for in the Program;
4.2.4. Post on the Program messages, comments, graphics or other materials (including those that do not correspond to reality), the content of which causes or may damage the honor, dignity and business reputation of individuals and legal entities, equally containing profanity, incitement to violence, terrorism, violent overthrow of the existing government, the constitutional order, violating or threatening to violate the rights and freedoms of citizens, as well as the welfare and integrity of the country;
4.2.5. Place on the Program materials of a pornographic nature or hypertext links to Internet sites containing such materials;
4.2.6. Specify during the registration procedure for the Account or enter subsequently deliberately false or fictitious information about yourself, in particular, someone else's or fictitious name and surname;
4.2.7. Carry out actions aimed at destabilizing the operation of the Program and / or elements of the Program, attempt unauthorized access to the management of the Program and / or elements of the Program or their closed sections (including sections that are accessible only to the Program Owner), as well as carry out any other similar actions;
4.2.8. Perform unauthorized access to the Accounts of other Users by guessing or entering a password, as well as attempting such access;
4.2.9. Send spam - mass mailing of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and / or to Internet sites containing malicious software) in messages, comments, messages of Users, etc. .P;
4.2.10. Carry out any other activity that is contrary to the policy of the Program, as well as the legislation of the Republic of Kazakhstan.
4.3. The user gives unconditional consent (separate consent is not required, except for this consent) to:
4.3.1. provision by the Program Owner to authorized bodies and third parties whose interests will be affected by the User, information related to his actions on the pages of the Program only in cases provided for by the current legislation of the Republic of Kazakhstan;
4.3.2. collection, processing of his personal data provided to the Program during registration, and their distribution (transfer to third parties).
5. Protection of personal data
5.1. The User, by registering on the Program in the manner established by the Program Owner, provides the Program Owner with consent without any reservations to the collection, processing, storage, use and distribution in any way of the personal data provided, including personal data of third parties, incl. minor children/child of the User included in the database of personal data of individuals whose personal data is processed in the course of the activities of the Program Owner and confirms that he is aware of the rights established by this Agreement, including the purposes of collecting, processing, using, storing and distributing personal data, access to the personal data of third parties, granting the owner of the personal data base a partial or full right to process personal data by other subjects of relations related to personal data, and the possibility of distributing personal data by the Program Owner, incl. depersonalized personal information.
5.2. The purpose of collecting, processing, storing and distributing the User's personal data is to ensure the implementation of relations in the field of meeting the User's needs for the services and information of the Program. The processing of personal data is also carried out in order to provide access to information and materials posted in the Program and improve its quality.
5.3. Categories of collected, stored, processed and disseminated personal data:
- last name, first name, patronymic of the User;
- individual identification number/business identification number;
- contact phone number of the User;
- e-mail address (e-mail) of the User;
- place of residence of the User;
- other data voluntarily provided by the User.
5.4. Personal data is stored during the entire term of this Agreement, the period of operation of the Program and the presence of a valid / active registration of the User on the Program.
5.5. the Program owner takes the necessary legal, organizational, technical measures to protect the User's personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions with users' personal data.
5.6. the Program User, having confirmed his agreement with this Agreement, thereby expresses his consent and grants permission to collect, process, store, distribute to third parties and transfer his personal data and data of third parties that he is authorized to provide, in the manner prescribed by the Legislation of the Republic of Kazakhstan and this Agreement.
6. Liability of the Parties
6.1. The User is solely responsible to third parties for their actions related to the use of the Account, posting comments/messages on the Program, including if such actions lead to a violation of the rights and legitimate interests of third parties or the User, as well as the legislation of the Republic of Kazakhstan.
6.2. The User is obliged to take appropriate measures to ensure the safety of his Account, and is responsible for all actions taken on the Program.
6.3. the Program Owner is not liable to the User or any third parties for any direct and/or indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the Account by the Owner and/or User.
6.4. the Program owner reserves the right to carry out pre- or post-moderation of comments/messages posted by Users, as a result of which he may decide to delete them.
6.5. the Program Owner is not obliged to provide the User with any evidence, documents, etc., indicating a violation by the User of the terms of the Agreement, as a result of which the User was denied access to the Program or its individual functions, or such access was terminated and / or blocked.
6.6. the Program Owner is not responsible to the User for technical problems in the operation of the Program.
7. Dispute Settlement
7.1. Disputes and disagreements that may arise during the execution of this Agreement are resolved through negotiations between the parties.
7.2. If it is impossible to resolve disputes through negotiations, all disputes, disagreements or claims arising from this Agreement or in connection with it, including those relating to its violation, termination or invalidity, are subject to final settlement in the Specialized Interdistrict Economic Court of Nur-Sultan.
8. Term of the Agreement
8.1. This Agreement comes into force from the moment the User expresses consent to its terms (acceptance) by accepting the terms of the Agreement in a dialog box on the Program and is valid for an indefinite period.
8.2. the Program owner has the right at any time without notice to the User and without giving reasons to terminate the Agreement unilaterally out of court with the immediate termination of access and the ability to use the Account and without reimbursement of any costs, losses in the event of any, including a single, violation by the User of the terms of the Agreement and / or the requirements of the current legislation of the Republic of Kazakhstan, unless otherwise provided by another civil law agreement concluded between the Program Owner and the User.
8.3. the Program Owner has the right at any time without notice to the User and without giving reasons to suspend access and the ability to use the Program without reimbursement of any costs, losses or return received under the Agreement, in case of a single or systematic violation by the User of the terms of the Agreement and / or the requirements of the current legislation of the Republic of Kazakhstan , unless otherwise provided by another civil law agreement concluded between the Program Owner and the User. The terms for resuming the provision of access are determined by the Program Owner independently.
9. Final provisions
9.1. This Agreement is a civil law contract between the User and the Program Owner regarding the procedure for using the ability to use the Program and replaces all previous agreements between the User and the Program Owner, if any.
9.2. This Agreement is governed by and construed in accordance with the laws of the Republic of Kazakhstan.
9.3. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
9.4. Inaction on the part of the Program Owner, in case of violation by the User or other users of the provisions of the Agreements, does not deprive the Program Owner of the right to take appropriate actions to protect their interests later, and also does not mean the Program Owner waives his rights in the event of subsequent similar or similar violations.
9.5. The place of conclusion of the Agreement is the location of Bilim Land LLP.