USER AGREEMENT

Actuarial Statistics Bureau BIN LLP 071 040 017 940 (hereinafter referred to as "ASB LLP"), having all necessary rights and permissions to use Dostyq.APP and Khorosho system, hereby offers any capable and legal person or entity to use the services of searching and processing information by using Dostyq.APP and Khorosho system, under the conditions set out below.

The present offer according to Clause 6 of Article 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter referred to as the Agreement). Performance by a person of actions specified in this agreement, in accordance with clause 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, including but not limited to: registration in Dostyq.APP and Khorosho system, filling and sending registration forms and/or applications for services, providing information, passing through appropriate hyperlinks and other actions specified in this agreement, is an unconditional, full and unconditional agreement of this person to the terms of this agreement and indicates the conclusion of a bilateral transaction between the party:

TERMS AND DEFINITIONS:

Agreement - agreement for the provision of information and technical services and the receipt and processing of information using the System, entered into between the Administration and the User under the terms of this public offer;

Administration of ASB LLP, the System's rights holder offering Users to use the System to obtain Services/Certificates directly from Merchants;

System - the Dostyq.APP and Khorosho software and information processing system for the purposes of receiving Services and Certificates, which contains information about the Services and Certificates as well as other necessary and related information about the Services, Certificates and Merchants, including information of an advertising nature. All transactions/contracts/legal relations etc. between the User and the Merchant arise/conclude/execute etc. outside the System under separate contracts etc., the System only allows Users and Merchants to automatically collect, accumulate and process information on such legal relations/transactions/contracts as a result of their actual conclusion/execution/change and based on the information that Users and/or Merchants submit to the System independently..

Merchant (company) - a legal entity with which the User can enter into a civil law relationship regarding the receipt/use of Certificates/Services, using the System. The Administration is not an authorised person of the Merchant, does not enter into a civil law relationship with the User and does not enter into any agreements in relation to the Services and/or Certificates on behalf of the Merchant, including, but not limited to not being a Service Provider, not being a seller and/or other implementer of Certificates, etc., and has no obligations towards the User in relation to the Merchant Services/Certificates, except bringing information about the Services/Certificates posted by the Merchant to the User via the System.

Services provided by the Merchant, including in the form of personalised promotional products and marketing and/or promotional actions (discounts, bonuses, gifts, drawings, etc.) in which the User may participate, in the manner and amount determined by the Merchant, submitted by the Merchant in the System, including in the form of Certificates. The Services may have an expiry date set by the Merchant. Expiry of the Services makes them unavailable to the User, as well as the Certificates received by the User within the scope of receiving the Services, unless otherwise expressly stated by the Merchant.

Certificate - a personalised fixed set of Merchant's Services, including prepaid, which has an individual code for the purposes of its identification by the System when the User receives the Certificate and for further use of the Certificate under the Agreement, including its Cancellation. The Certificate has an expiry date set by the Merchant, before the expiration of which it is possible to liquidate it. The expiry of the Certificate makes it invalid for the User's use and its details can be deleted from the System.

The information in the System may not always give a full and complete picture of the consumer properties and other conditions of the Service/Certificate, so if the User has any questions about the features, characteristics and conditions of the Services/Certificate, the User must contact the Merchant to obtain the necessary information, otherwise the Administration will not be responsible for any inconsistency of the Service/Certificate with the User's requirements and/or for any misleading/unrealistic expectations/incomplete information, etc.

Certificate redemption - the User's use of the Certificate prior to its expiry in accordance with its purpose and the terms and conditions under a separate agreement/transaction, etc. with the Merchant, as well as the Merchant's actual provision of Services to the User under the Certificate under a separate agreement/transaction, etc.

User - any natural person who has registered with the System for the purposes specified in the Agreement and has accepted the terms and conditions of the Agreement;

Acceptance is the User's unconditional consent to accept the terms and conditions of this Agreement by registering in the System;

Orders - the User's orders in the form of an electronic message for Services/Certificates under a separate contract/transaction/conditions, etc. with the Merchant, which are formed by the User via the System and sent to the Merchant. The terms and conditions of such an agreement/transaction, etc. (rules for participation in promotions, raffles, etc.) are established by the Merchant independently and communicated to the User via the System or by other means established by the Merchant. The User's request to assign/re-assign the Certificate previously issued in their name to any other user of the System (change of persons in the obligation), made prior to the Liquidation of such Certificate, if it is stipulated by the Merchant in the Terms of Services/Certificates, shall also be treated as an Application;

Confirmation of an Application is a set of actions by the Merchant, including but not limited to telephone and/or email communications with the User, notifications to the User in the System, issuance/re-issuance of a Certificate to the User/I, etc. regarding the terms of a particular Application, aimed, if necessary, at clarifying and confirming the User's consent to receive the Services and/or Certificate specified in the Application, on the terms specified in the notice and/or agreed upon additionally, including time and place of receiving the Services, Liquor

Registration - a set of actions by the User to create a User's account in the Personal Area of the System by providing the required data to the Administration, including, if necessary, personal data and/or other information necessary to identify the User in the System.

 

  1. General conditions
    1. A civil law relationship, including an agreement between the Merchant and the User regarding a particular Service/Certificate shall be deemed to have arisen/concluded from the moment the User submits an Application and the Merchant confirms the Application; the Agreement between the Administration and the User shall be deemed to have been concluded from the moment of Registration.
    2. To perform its obligations under the Agreement, the Administration is entitled to independently engage third parties to perform its obligations under the Agreement. The Administration is responsible for the proper performance of its obligations under the Agreement by the User except for obligations under an agreement/transaction/relationship etc. between the Merchant and the User.
    3. By registering, the User agrees that promotional information of the Administration, the Merchant and/or other third parties (information about services and discounts, etc.) may be posted and/or sent to the User in the System, to the User's contact phones and email addresses provided during registration.
  2. Procedure for submitting an application
    1. The User may submit an Application from the User's personal account in the System or from the mobile application, provided that the User has registered beforehand.
    2. When sending the Application, the User shall select the required Merchant and Service/Certificate in the required quantity from the System catalogues, and provide the Administration, together with the information about the selected Service/Certificate, with the necessary information requested by the System, which the Administration receives and transmits to the Merchant via the System. The Merchant shall process the received Application at the time set by the Merchant. If it is necessary to re-issue/assign the Certificate previously received by the User to another System user before the Certificate is liquidated, the User shall also form the relevant Application to the Merchant, who previously issued the Certificate.
    3. After the Merchant has processed the Application, the Merchant confirms the Application in the manner set by the Merchant himself/herself, including the system notification via the System. From the moment of reissuing/assignment of the previously issued Certificate to another person, the User loses the right to Liquidate the Certificate. The terms of assignment/re-assignment of the User's Certificate to another User of the System are established by them independently outside the System, but the User's failure to execute/include the relevant Application for this purpose, or to receive confirmation of such Application from the Merchant, deprives them of the right to make any claims against the Administration and/or the Merchant regarding the re-issue/assignment of the Certificate to another User. Neither the Administration nor the Merchant are responsible for observance/non-observance of the conditions set by the User for re-issue/assignment of the Certificate to another User of the System and vice versa by another User of the System to the User, as well as for occurrence, performance and disputes regarding any other arrangements of these persons in relation to re-issue/assignment of the Certificate.
    4. Payment for the Services/Certificate, as well as any claims regarding their provision/receipt, shall be settled directly between the Merchant and the User under a separate agreement for the provision of the Services/Certificate and shall not be the subject of this Agreement. The terms and conditions of such an agreement between the Merchant and the User, as well as the procedure for entering into such an agreement shall be established by the Merchant itself, including in the form of a public offer agreement of the selected Merchant (may be posted in the System and/or on the Merchant's website, etc.) and/or communicated to the User at the time of Confirming the Application or at any time preceding it or directly at the time of issuing/reissuing the Certificate, or in any other manner available to the Merchant.
    5. In addition to the liability expressly stated in the Agreement, the Parties shall have other liability under the applicable laws of the Republic of Kazakhstan.
  3. Statements and guarantees
    1. The user represents and warrants to the Administration:
      • The user has the necessary legal capacity and capacity to fulfil their obligations under the Agreement;
      • The User shall use the System in accordance with the Agreement;
      • All information that the User provides to the Administration and/or the Merchant through the System is true and correct;
      • The User will have access to information about his/her account (personal account) and will be fully responsible for any use of the account by the User or third parties, including, but not limited to the transfer of logins and passwords to third parties, their loss, etc;
      • The User shall be solely responsible for correct completion of the data and information in the System, as well as for timely use of the Services/Certificates and Certificate cancellation, timely submission of Applications and/or reflection of the results of Services/renewal/Certificate cancellation in the System (if the necessity to enter such information by the User in the Personal Office by him/herself is established by means of the System);
      • An individual User hereby gives his/her consent to collection, processing, storage and use/dissemination of the User's personal and other data for the purposes of performance of the Agreement, provided to the Administration and/or Merchant in the manner prescribed by the Agreement and the laws of the Republic of Kazakhstan.
        If it is established that the User has not complied with the aforementioned conditions, the Administration shall not be liable for any damages and claims, including indirect damages and lost profit as well as for losses or any claims that the User or other third parties may have in connection with the above.
    2. The User is prohibited from:
      • perform any actions violating the legislation of the Republic of Kazakhstan, preventing normal operation of the System;
      • Access or copy any information of the System, using any automated means or any manual processes for any purpose without prior permission of the Administration;
      • Perform actions which cause or might cause excessive loading of the System;
      • In any way incorporate any part of the System in any other online resource or system without the prior permission of the Administration;
      • use the System for own business activities;
      • Perform any other actions, which are contrary to ethical rules and norms of business ethics and morality, as well as the current legislation of the Republic of Kazakhstan.
        Any actions using the System - registration, data entry, registration of Applications, etc. - are solely an independent and voluntary choice of the User. The User shall be fully responsible for completeness and accuracy of the data entered by the User, otherwise the Administration shall be entitled to suspend its obligations to perform the Agreement. 
  4. Liability of the parties
    1. Under no circumstances shall the Administration be liable for any direct, indirect, consequential, punitive, incidental, special damages or other consequences that may arise in connection with the User's access to, browsing or use of the System, or in connection with the delay or inability to access, surf or use the System (including, but not limited to, understanding the information content; actions of any computer viruses and incidents, information, software, other internet resources, acts, etc.)
    2. The Administration shall bear no responsibility to the User in case of full or partial inoperability of the System and its components for any time, as well as in case of the User's inability to access the System or bear any direct or indirect costs in connection with these circumstances.
    3. The Administration shall not be liable for any negative consequences and losses, including loss of profit, resulting from events and circumstances beyond its competence, as well as for actions (omissions) of third parties due to the User's failure to comply with the terms of the Agreement.
      As a result of Registration, the User receives a login and password for access to a personal account, for the security of which the User is solely responsible.
    4. The Administration shall not be liable for any obligations of the User towards the Merchant or towards other users in relation to transactions/contracts/relationships arising and performed outside the System, including but not limited to: for the Merchant's failure to provide/appropriate provision of Services to the User, including in relation to the Certificate, for the Merchant's conclusion/performance/undue performance of its obligations under a separate contract/agreement etc. between the User and the Merchant for the provision of the Services and/or the receipt/re-issuance/elimination of the Certificate, for inaccurate information about the Services and/or Certificates due to the Merchant's improper performance of its obligations under the separate agreement between the Administration and the Merchant, as well as for any possible claims of the User, except for proven cases where the Administration has not ensured that the Application from the User to the Merchant via the System, as well as for compliance with the User and other user agreements.
    5. In addition to the liability expressly stated in the Agreement, the Parties shall have other liability under the applicable laws of the Republic of Kazakhstan.
  5. Cost and conditions
    1. Prices for the Services/Certificates and other terms and conditions of their receipt/provision are set by the Merchant independently and are posted in the System and/or on the Merchant's own website. The cost of the Services/Certificates is stated in tenge.
    2. The Merchant may unilaterally change the price of the Services/Certificates at any time, without notifying/notifying the User, as it will be defined in a separate agreement/agreement between the User and the Merchant.
    3. The Administration shall be entitled to charge the User for the use of some/all services of the System, giving notice thereof to the User by any available method of the Administration, including by posting relevant information in the System, as well as to receive remuneration for the use of the System based on the cost of Services/Certificates or in another form, as and on the terms set forth in the Agreement between the Merchant and the Administration.
  6. Privacy. Protection of personal data
    1. The information submitted by the User to the System shall be stored by the System for the duration of the Agreement. The User shall have the right to cancel its Registration in the System at any time under the procedure established by the Administration, with all information provided by it, as well as all information in the Personal Area, including personal data of the User, to be destroyed, except for that which shall be retained by the Administration according to the legislation of the Republic of Kazakhstan. In case of a User's inactivity in the System for a long period (more than 12 months), the Administration may unilaterally cancel the User's Registration in compliance with the requirements set forth in this clause of the Agreement to cancel the Registration, in which case the Agreement shall also be terminated and terminated from this date, and information about the purchased Services/Certificates shall be deleted from the System.
    2. The Administration respects confidentiality and protection of the User's personal and other data. The counterclaim in relation to the information of the System applies to the User. The confidentiality exceptions are stipulated by the Agreement and the current legislation of the Republic of Kazakhstan.
    3. In accordance with the Law of the Republic of Kazakhstan On personal data and its protection the User (physical person) by registering or filling out an application provides to the Administration and Merchant the unqualified consent to collection, processing, storage, cross-border transfer and usage of provided personal data, including personal data base of individuals, whose personal data is processed during the Administration activity and confirms that it is informed about rights, established by the abovementioned Law, including purposes of collection of personal data. The purpose of collecting, processing, storing and distributing the User's personal data is to ensure the fulfilment of the User's needs regarding the Services/Certificates of the Merchant(s).
    4. Personal data shall be stored for the duration of the Agreement in the territory of the Republic of Kazakhstan. The User by confirming their consent to the Agreement thereby expresses their consent and grants the Administration permission to collect, process, store and transfer their personal data to any third parties necessary to perform their obligations under the Agreement by the Administration, including those engaged by the Administration to perform their obligations under the Agreement.
  7. Final clauses
    1. The Agreement may be unilaterally amended by the Administration by posting a new version of the Agreement in the System, and the amendments shall become effective upon such posting.
    2. The Administration reserves the right, at its sole discretion, to deny access to the System to anyone at any time and for any reason without explaining them.
    3. The Agreement shall remain in effect until the parties have performed their obligations in full.
    4. All disputes and disagreements arising in the performance of the obligations of the parties under this Agreement shall be settled by negotiation. If they cannot be settled, the parties shall have the right to apply for judicial protection of their interests to the court at the location of the Administration. Applicable law The laws of the Republic of Kazakhstan shall apply.
    5. In all other matters not stipulated herein, the parties to this Agreement shall be governed by the applicable law of the Republic of Kazakhstan.