Public Offer Agreement
These terms of service (hereinafter – the “Terms of Service”) are concluded between: KAMI GROUP LLP, registered at the following address: postal code 050000, building 97, Dostyk Avenue, Medeuskiy district, Almaty city, Kazakhstan, BIN: 200740014839 (hereinafter – the “Company”) that renders online services on its website (hereinafter – the “Site Services”), and USER of the Site Services developed by the Company (hereinafter – the “User”).
1. TERMS AND DEFINITIONS For the purpose of the Terms of Service, definitions stated below have the following meaning (in alphabetical order): 1.1. “Account” means combination of personal and other data of the registered User that is stored in the Company’s software and/or system and is required for identification of the User in order to grant him the access and/or technical opportunity to post and comment the Materials of the Site. Account is created by the User while registration on the Site.
1.2. “Big data” means all and any data that is provided, indicated and introduced by the User (including anonymized data) as well as another data that the Company directly or indirectly receives in the process of use by the User of the Site Services.
1.3. “Company” means KAMI GROUP LLP registered at the following address: postal code 050000, building 97, Dostyk Avenue, Medeuskiy district, Almaty city, Kazakhstan, BIN: 200740014839, that is sole and absolute owner and administrator of the Site, developer of the software and entity that renders the services namely Site Services.
1.4. “Materials of the Site” means content of the Site and include any informational, analytical, technical and other materials of the Site with the elements of design, illustrations, graphics images, photographs, covers, scripts, texts and text derivates, users’ interfaces, video, music, sounds, database and/or other objects that are the results of the intellectual property that belong to the Company’s rights.
1.5. “Personaldata” meansinformationof the User(surname, name, father’s name, date of birth, email address, access and registration data: login/ pseudonym and other data) that in accordance with legislation of the Republic of Kazakhstan is related to the category of limited access personal data. Herewith, the Company does notstore the password of the User as the password is stored in the in encrypted form, and the Company does not have access to it. The User is solely liable for the password and its storage.
1.6. “Personal profile” means the instrument of the registered User on the Site that stores his Personal data, settings and another necessary information.
1.7. “Procedure of registration” means creation by the User of the Accountthrough introduction of the email and creation of login and password.
1.8. “Site” means website of the Company that consists of sections, webpages, programming tools, database, content, etc. developed by the Company. Site also means mobile version of the Site.
1.9. “Site Services” means online services rendered by the Company to the User and include services on designing of pricelists/ menu and generation for them of QR codes. Services are implemented in the Personal profile through which the User can independently manage pricelist/ menu, add positions, description, photographs, etc., depending on the Tariff chosen by the User. The details of each Tarif are stated in the Company’s Site: kamiqr.kz. The Site Services also include integral analytics and opportunity to attach tracking pixel of third party services, for example, Facebook, Google, Yandex, etc. Depending on the chosen Tarif, the User has opportunity to take online orders in his Personal profile and/or in the chosen email.
1.10. “Tarif” means fee for the Company’s Site Services that the User independently choose on the Company’s Site.
1.11. “User” means any individual (including individual entrepreneur) or legal entity that duly completed the Procedure of registration on the Site.
2. GENERAL PROVISIONS
2.1. The Terms of Service stipulate terms on use of the Site Services, and the User agrees that mutual relationship between the User and the Company within the framework of these Terms of Service is governed by the legislation of the Republic of Kazakhstan.
2.2. The User agrees and accepts that use of the Site Services is on a remuneration basis, i.e. subject to payment of fee in accordance with the Company’s Tariffs. Currently, the Company offers the Economy Tariff, the Optimal Tariff, the Premium Tariff. For more details on the stated Tariffs, please follow the link: kamiqr.kz.
2.3. By getting access to the Materials of the Site, the User is considered acceded to these Terms of Service.
2.4. By acceptingthese Terms of Service, the User provides his consentfor processingand storing his Personal data.
3. SUBJECT OF THE TERMS OF SERVICE
3.1.The subject of these Terms of Service is provision of services by the Company on the Site Services, where the User after his own selection and introduction of the respective data automatically receives on the Site the variations of digital, visual, graphics, texts and/or other data.
3.2.The User accepts and agrees that the Site Services had been developed by the Company in the form of “cloud” program that does not require downloading or loading specific application to personal computers, mobile phones or other technical devices. Therefore , use of the Site Services is implemented online only.
4. USE OF THE SITE SERVICES
4.1.Provision of the Site Services by the Company starts only after full completion by the User of the Procedure of registration.
4.2.After completion of the Procedure ofregistration, the Useris assigned with the unique Account and access to the Personal profile that belongs only to the User.
4.3.The User’s rights on use of the Site that are granted to him together with the access password are inalienable and cannot be transferred together with the access password to any third party.
4.4.All Materials of the Site, including design, layout, logotype, interface, ratings, texts, articles and any other information, published on the Site are copyrighted and are under protection in accordance with the effective legislation of the Republic of Kazakhstan and other legislative acts in the sphere of intellectual property and copyrights.
4.5.The User by himself, freely, at his own discretion and at his own interest takes decision on provision of his Personal data and his personal information and gives consent on its processing. Use of the Site Services means that the User unconditionally agrees with the terms of processing of his Personal data and other personal information.
4.6.The User is obliged to provide only the most true and real personal and other information on himself and maintain it up to date. The Company cannot evaluate legal capacity of the User and does not check authenticity of personal and other information provided by him. The Company by no means and not in the least degree bears responsibility for authenticity of information provided by the User. This requirement is responsibility of the User only.
4.7.The Company by no means and not in the least degree bears responsibility for lawfulness of the User’s activity. Hereby, the User accepts and agrees that the Company in no way and not in the least degree neither can nor obliged to check activity of the User and the User himself, therefore the User himself only isliable forlawfulness of his activity and provided information before third party. The User hereby confirmsthat his activity aswell as hisintentions and goals related to his use of the Site Services are legal only and do not contradict to the laws of any countries, including the territory of the countries where the results of the Site Services will be used, as well as laws of the country of his citizenship/registration/residency.
4.8.The User understands that tracking pixel is a script (executable code). In case when the User has independent access to tracking pixel attachment, the User accepts and hereby confirms that the Company by no means and not in the least degree is responsible neither before the User nor before third parties, if the User brings in/ indicate any deleterious (harmful) script and/or initiate occurrence of any deleterious (harmful) script. Occurrence of such deleterious (harmful) script as well as all and any consequences related to deleterious (harmful) script is liability of the User only. All and any losses, damages, harm, losses of benefits of the Us er and/or third parties related to deleterious (harmful) script are indemnified by the User only.
4.9.The Company processes the Personal data and other personal information of the User for the purposes of the User’s identification, creation of the Account and provision to him of the Personal profile on the Site; for contacting the User, including for sending of notifications, requests and information related to provision of the Site Services, processing of requests and applications of the User; customization of advertising materials.
4.10. The User agrees that the Company has right to process, analyse and use the Big data.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User has right to:
5.1.1. Independently choose the Tariff in accordance with which the Company will render the Site Services. Currently, the Company offers the Economy Tariff, the Optimal Tariff, the Premium Tariff. For more details on the stated Tariffs, please follow the link: kamiqr.kz.
5.1.2. Independently choose the login (unique symbol name) that is freely available (is not used by another user) and password to access the Account and the Personal profile.
5.1.3. Change login and password to access the Account and the Personal profile.
5.1.4. Remove/ request to remove the Account and the Personal profile.
5.2.The User is obliged to:
5.2.1. While passing through the Procedure of registration on the Site, to provide true and full information on himself and maintain this information in actual state.
5.2.2. Independently bear responsibility for security of his password and keeping its confidentiality, i.e. to keep in secret his login and password to access the Account and the Personal profile.
5.2.3. Pay for the Site Services based on the chosen Tariff in accordance with provisions and instructions state in the Site.
5.2.4. Independently bear responsibility for compliance of content of the provided information to the requirements of the effective legislation, including responsibility before third party, in case when its publication or content breaches rights and legal interests of third party, including personal non-property rights of the author, other intellectual rights and(or) encroaches to non-material values that belong to him.
5.2.5. Immediately notify the Company on any case of unsanctioned access to the Site with the use of the Account and the Personal profile of the User and/or on any breach (suspicions on breach) of the confidentiality of his password.
5.2.6. Follow other requirements and execute other obligations stipulated by these Terms of Service and/or published on the Site’s pages.
6. RIGHTS AND OBLIGATIONS OF THE COMPANY
6.1 The Company has right to: 6.1.1 Change/ amend terms and provisions of the Terms of Service as well as all their integral parts at any time without any special notification of the User. New version of the Terms of Service and/or all their integral parts comes into effectsince the moment of publication on the Site if another effective date is not determined by the Company while publication of the amendments. Therewith, if the User continues to use the Site Services after publication of changes/ amendments then it means that the User unconditionally accepts such changes/ amendments.
6.1.2 If, while passing through the Procedure of registration any elements or information provided by the User seem to the Company to be false, inaccurate, abusive or in any other way suspicious, the Company has right at its discretion to refuse in registration, block or remove the Account and the Personal profile of the User.
6.1.3 At any time to demand from the User confirmation of data indicated while registration and request the respective confirming documents.
6.1.4 Determine rules of conduct on the Site, as well as rules on use of the Site, and keeps the right to demand from the Users their fulfilment.
6.1.5 At any time to suspend or fully terminate the Site’s activity.
6.1.6 Send to the Users information messages. While registration on the Site, the User agrees to receive information messages on the email address and/or mobile number indicated while registration.
6.2 The Company is obliged to:
6.2.1 Render the Site Services to the User as stated in the present Terms of Service and/or on the Company’s Site at the following link: kamiqr.kz, after receipt of payment of the Tariff chosen by the User.
6.2.2 Provide to the User technical support during working time within the Tariff of the Site Services chosen by the User.
7. FINAL PROVISIONS
7.1. The Terms of Service come into effect since the moment of acceptance by the User of it’s terms (acceptance) by passing through the Procedure of the registration on the Site (that in accordance with the Article 396 p.3 of the Civil Code of the Republic of Kazakhstan is considered as accept (acceptance) of the Company’s offer), and is effective for an indefinite term.
7.2.The User confirms that he unconditionally agrees with all terms/conditions of the Terms of Service in full, without any disclaimers and exceptions, and understands their meaning in full and possible consequences of breach of the terms/conditions. The User accepts the Terms of Service despite the country of his citizenship or tax residency and is obliged to fulfil all conditions stated herein.
7.3.The User agrees that all relationships between the User and the Company within these Terms of Service are governed by the legislation of the Republic of Kazakhstan.
7.4.All possible disputes resulting from relationships governed by these Terms of Service are settled in accordance with the effective legislation of the Republic of Kazakhstan.
7.5.These Terms of Service are made in Russian, Kazakh and English languages. In case of discrepancies between the texts of these Terms of Service, the Russian text will prevail.