Website User Agreement Tayyab.kz
Tayyab Central Asia Ltd. Private Company (BIN 200640900169, registered on 17.06.2020 with the Companies Registrar of the Astana International Financial Centre), represented by Director D. Uspanov, addresses this offer to enter into a tayyab.kz Website User Agreement to any person and,
legal entity who can accept the terms of the Offer by full and unconditional consent to all its terms and conditions in accordance with the procedure established by this Agreement.
If the User does not agree with any of the terms and conditions of the Agreement, the Agreement will not be executed, and the User does not have the right to use the Website. In this case, the User agrees to leave the Website. 1. TERMS USED IN THIS WEBSITE USER AGREEMENT
1.1. For the purposes of this tayyab.kz Website User Agreement (hereinafter referred to as the "Agreement"), the following terms will be used:
1.1.1. "Website Owner" — Tayyab Central Asia Ltd. Private Company (BIN 200640900169).
1.1.2. tayyab.kz Website, consisting of a number of web pages, sections, applications, services (hereinafter referred to as "pages"), content, as well as a corresponding program that ensures the availability of this information on the Internet at a network address (domain name): https:// tayyab.kz, including the mobile version of the Website.
1.1.3. "Content" — information, analytical and other materials of the Website, with design elements, illustrations, graphics, photos, scripts, texts, videos, music, sounds and/or other objects that are the result of intellectual activity or are not such, the rights to which belong to the Website Owner, Users or third parties.
1.1.4. "User" — any person who has reached the age of 16 or older, who has not been deprived or restricted by the court in his / her legal capacity, or a legal entity.
1.1.5. "Personal data" — information about the User (last name, first name, phone number, e-mail addresses, access credentials: password, username/alias/name, etc.), classified by the legislation of the Republic of Kazakhstan as personal data of restricted access.2. SUBJECT OF THE AGREEMENT
2.1. This Agreement is a public contract-offer (offer) in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan. The Website Owner provides any User with the opportunity to use the Website on the terms and in the manner set out in the Agreement.
2.2. The Agreement comes into force as soon as the User agrees to its terms (acceptance) by using the Website (viewing the Website, clicking on links posted on the Website), which within the meaning of paragraph 3 Article 396 of the Civil Code of the Republic of Kazakhstan is considered to be the acceptance of the offer of the Website Owner.
2.3. The terms of the Agreement can only be accepted in full, without any reservations, restrictions and exceptions. The expression of the User's consent implies the conclusion of a civil contract, which gives rise to the User's obligation to comply with the terms of the Agreement, including the applicable rules of User behavior on the Website. 3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The User has the right:
3.1.1. To stop using the Website and terminate this Agreement;
3.1.2. To withdraw his/her personal data and request their destruction, which automatically leads to the termination of this Agreement;
3.1.3. To use the links posted on the Website to install the application tayyab.kz;
3.1.4. To exercise other rights not prohibited by the legislation of the Republic of Kazakhstan.
3.2. The User must:
3.2.1. Periodically review the content of this Agreement on the Website in order to be aware of the changes made in accordance with clause 3.3.1. hereof;
3.2.2. Not violate the intellectual property rights of the Website Owner and/or other third parties to the Content and / or any of its elements, in particular, the User is prohibited to copy, broadcast, distribute, publish, or otherwise disseminate and reproduce the materials posted by the Website Owner for commercial purposes (text, graphics, audio/video, etc.) without the written consent of the Website Owner, except as expressly permitted on the Website (for example, the "share" function via social networks);
3.2.3. Comply with other requirements and fulfill other obligations provided herein and / or posted on the Website pages.
3.3. The Website Owner has the right:
3.3.1. At its sole discretion, to change, edit, add, supplement, exclude or delete any provisions (in whole or in part) in this Agreement at any time. At the same time, the new version of the Agreement takes effect upon its publication on the Website, unless otherwise provided by the new version of the Agreement;
3.3.2. To send information messages to Users. By using the Website, the User agrees to receive information messages to the email address and/or mobile phone number specified by the User;
3.3.3. At any time, to change the design and user interface of the Website, its content, the content of the functions provided, change or supplement the scripts used, software, Content and other objects used or stored on the Website and any Applications, without notifying the User;
3.3.4. At its sole discretion, to remove without any reason and without warning any Content, including Content and / or information that, at the discretion of the Website, 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, disserve them or threaten their security;
3.3.5. At its sole discretion, to delete any information (including comments, User messages, statuses, other information and other materials), including those posted by the User on the Website in violation of the legislation of the Republic of Kazakhstan or the provisions of this Agreement;
3.3.6. At its sole discretion, to disable the technical functionality to comment on certain materials posted on the Website;
3.3.7. To take any measures not prohibited by the legislation of the Republic of Kazakhstan to protect their own intellectual rights in respect of the Website and its Content.
3.5. The Website Owner must:
3.5.1. Notify the User of changes in the terms of the Agreement by publishing information on the Website;
3.5.2. Ensure the safety and protection of the User's personal data during the term of this Agreement and not transfer it to third parties, except as expressly stipulated in this Agreement and in the legislation of the Republic of Kazakhstan. 4. SPECIAL TERMS OF THE AGREEMENT
4.1. The User confirms, guarantees and agrees that:
4.1.1 He/she is aware of what is the process of collecting, processing and storing his/her personal data solely for the purposes of performing the terms of this Agreement and undertakes not to make any claims against the Website Owner in this regard;
4.1.2. He/she will not take any actions of a fraudulent nature, including support for any fraudulent actions, including circumvention and / or hacking of technical means of protection used by the Website Owner.
4.2. The User is prohibited:
4.2.1. To use 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. To post on the Website or transmit through messages, comments information of restricted access (confidential information) to third parties, if the User does not have sufficient rights by law or contract to disclose this information;
4.2.3. To post, reproduce, process, distribute, publish on the Website, make available to the public, transfer, sell or otherwise use, in whole or in part, the Content of the Website, other Users or third parties that are the subject of copyright and other exclusive rights, without their prior permit, except as established by the Agreement, the applicable legislation of the Republic of Kazakhstan, and as expressly provided on the Website;
4.2.4. To post on the Website messages, comments, graphic images or other materials (including those that do not correspond to reality), which content causes or may cause damage to the honor, dignity and business reputation of any persons and legal entities, as well as contains profanity, calls for violence, terrorism, violent overthrow of the existing government, the constitutional system, violates or threatens the violation of the rights and freedoms of citizens, as well as the welfare and integrity of the country;
4.2.5. To post pornographic materials or hypertext links to the websites containing such materials;
4.2.6. To carry out actions aimed at destabilization of the functioning of the Website and / or its elements, to attempt unauthorized access to the management of the Website and / or its elements or its closed sections (including sections accessed by the Website Owner only), and to carry out any other similar actions;
4.3. The User gives his/her unconditional consent (no separate consent is required, except for this consent) to:
4.3.1. the provision by the Website Owner to the authorized bodies and third parties, whose interests will be affected by the User, of information related to his/her actions on the pages of the Website only where stipulated by the applicable legislation of the Republic of Kazakhstan;
4.3.2. collection, processing of personal data provided to the Website during registration, and their distribution in exceptional cases and only at the request of authorized state bodies that have provided to the Website a reasonable legitimate request related to the performance of their functions.
This consent is given before the expiration of the storage period of the relevant information or documents containing the above information, determined in accordance with the legislation of the Republic of Kazakhstan. 5. RESPONSIBILITY OF THE PARTIES
5.1. The User is solely responsible to third parties for his/her actions related to the use of the Account, posting comments/messages on the Website, including if such actions bring 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.
5.2. The User is responsible for all actions performed on the Website.
5.3. The Website 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 their use of the Website, or unauthorized access to the User's communications.
5.4. The Website Owner does not participate in the User's downloading of Content, does not control and is not responsible for his/her actions or inaction.
5.5. The Website Owner reserves the right to carry out pre-or post-moderation of comments / messages posted by Users, and may decide to delete them thereafter.
5.6. The Website Owner is not obliged to provide the User with any evidence, documents, etc., indicating that the User violated the terms of the Agreement, and, as a result, his/her access to the Website or its individual functions was denied, or such access was terminated and/or blocked.
5.7. The Website Owner is not responsible to the User for technical problems in the operation of the Website related to the inability to leave comments thereon, or the inability to click on links thereon. 6. DISCLAIMER
6.1. The User must not rely on the Website, on any information contained thereon, or on the continuation of its operation. The Website Owner does not give any express guarantees or promises, does not provide any guarantees that the Website will meet the User's requirements, the services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Website will be accurate and reliable; the quality of any product, services, information and Content obtained using the Website will meet the User's expectations; all Website errors will be corrected.
6.2. Before using the information and services provided on the Website, the User must make sure that he / she has all the necessary rights and powers to enter into this Agreement.
6.3. It is the User's responsibility to review the terms of this Agreement, as well as to monitor the relevance of this Agreement.
6.4. The responsibility for the use of the Website pages and Content lies entirely with the Users. Users must make sure that the content provided on the Website meets their needs and requirements. 7. VALIDITY PERIOD
7.1. This Agreement comes into force as soon as the User agrees to its terms (acceptance) by viewing the Website and is valid for an indefinite period.
7.2. The Website Owner has the right at any time without notifying the User and without explaining the reasons to terminate the Agreement unilaterally out of court with immediate termination of access and the ability to use the Website and without compensation for any costs, losses in case of any, including single, violation by the User of the terms of the Agreement and/or the requirements of the applicable legislation of the Republic of Kazakhstan.
7.3. The Website Owner has the right at any time without notifying the User and without explaining the reasons to suspend access and the ability to comment on the Website Content without compensation for any costs, losses or refund 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 applicable legislation of the Republic of Kazakhstan. The terms of access renewal are determined by the Website Owner at its own discretion.
7.4. The User has the right to terminate the Agreement unilaterally, out of court, at any time and without giving any reasons, and in accordance with the conditions stipulated in this Agreement. 8. FINAL PROVISIONS
8.1. This Agreement is a civil contract executed between the User and the Website Owner with respect to the procedure of giving comments on the Website Content and replaces all previous agreements between the User and the Website Owner, if any.
8.2. This Agreement is governed by and interpreted in accordance with the laws of the Republic of Kazakhstan. Matters not covered by this Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan. All possible disputes arising from the relations regulated by this Agreement are resolved in accordance with the procedure established by the applicable legislation of the Republic of Kazakhstan, according to the provisions of the substantive law of Kazakhstan. Throughout the text of this Agreement, the term "legislation" means the legislation of the Republic of Kazakhstan, unless otherwise explicitly stated.
8.3. If, for any reason, one or more provisions of this Agreement are declared invalid or unenforceable, the validity or enforceability of the remaining provisions of the Agreement shall not be affected.
8.4. Omission on the part of the Website Owner, in case of violation by the User or other users of the provisions of the Agreements, does not imply that the Website Owner waives of the right to take appropriate actions to protect its interests later, and it also does not mean that the Website Owner waives of its rights in the event of subsequent similar or same violations.