Public Offer Agreement

Dear Customer! We ask you to carefully read the presented text of the public offer. In case of disagreement with any of its provisions, you can refuse to purchase the Services or send us your comments and suggestions. 

 

Public Offer Agreement

This agreement is addressed to individuals (hereinafter referred to as the "Customer"). The online Service is provided by Private Company AIFC Professional Services Group Limited (hereinafter referred to as the "Provider"). The Provider and the Customer have concluded this agreement, as follows: 

1.              Terms and definitions 

1.1.         Offer - means a public offer of the Provide raddressed to any individual, to purchase the Services on the existing terms contained in the Agreement, including all its appendices. 

1.2.         Agreement - means this Offer, as well as the Terms of Use of the Website and the Privacy Policy, modified and supplemented from time to time.

1.3.         Provider - Private company AIFC Professional Services Group Limited, which sells the Services presented on the Website. 

1.4.         Customer - means an individual who accepts the Offer from the Provider on the terms contained in the Agreement. 

1.5.         Acceptance – full and unconditional acceptance by the Customer of the terms of the Offer. 

1.6.         Services – a set of paid and/or free information services provided by the Provider in the relevant sections of the Website.

1.7.         Registration on the Website is the procedure for creating an account on the Website and obtaining account information by the Provider. Registration is made on the basis of Registration Data voluntarily and consciously provided by the Customer.

1.8.         Website – a collection of electronic documents (files) of the Provider, available on the Internet, containing full information about the content and cost of the Services, the Services themselves, posted at http://www.uof.kz

1.9.         Registration data - any information related directly or indirectly to a specific or identifiable individual that may be required as part of the payment and performance of Services under this Agreement.

1.10.      Terms of Use of the Website are the terms and conditions set out at: https://uof.kz/privacy-policy or otherwise established by the Provider in relation to permissible or unacceptable uses or activities by the Customer related to the Services.

1.11.      Privacy Policy is a Provider's statement that discloses some or all of the ways of collecting, using, disclosing and managing Customer's data posted at https://uof.kz/privacy-policy.

2.              General provisions 

2.1.         In accordance with Article 15 of the AIFC Contract Regulations, this document is a public offer, and if the conditions set out below are accepted, the Customer accepts this offer in accordance with the terms of this Agreement. In accordance with paragraph (3) of Article 19 of the AIFC Contract Regulations, the Customer's registration on the Website, the Customer's use of the Website functionality, payment for Services by the Customer are considered to be an acceptance of the Offer, which is considered equivalent to concluding the Agreement on the terms set out in the Offer. Ignorance and/or lack of acquaintance with the terms of the Agreement does not release the Customer from responsibility for non-compliance with its terms.

2.2.         This Agreement establishes the terms of use of the Website by the Customer who, after Registering on the website and/or paying for Services, using the Website and its services, becomes a user of the Website and Services provided by the Provider. 

2.3.         The Provider reserves the right, at its sole discretion, to change and/or supplement the Agreement at any time without notifying the Customer. The current version of the Agreement is available on the Website at: https://uof.kz/contract-offer

2.4.         The Customer's use of the Website, any of its services, functionality after making any changes and/or additions to the Agreement means the Customer's consent to such changes and/or additions.

2.5.         The Customer undertakes to regularly, at least 1 (one) time in 14 (fourteen) days, get acquainted with the contents of this Agreement in order to get acquainted with its changes and/or additions in a timely manner.

2.6.         If the Customer does not agree to comply with this Agreement, he/she has the right not to use the Website, delete account and/or stop using the Webite.  

2.7.         The Customer is notified that in fulfilling its obligations, the Provider may attract/use, including providing access to third-party services, software, websites, etc. to the Customer (hereinafter referred to as "Third–party Products"). The Customer hereby undertakes to independently read and comply with the terms of use, license agreements, terms and conditions, etc. of such Third-party Products.

3.              The Subject of the Agreement.

3.1.         The Provider provides with Services with functionality as described on the Website.

3.2.         The Provider provides, and the Customer pays for the Services, the cost and functionality of which are posted in the relevant sections of the Website. The cost of Services can be changed by the Provider unilaterally by changing the information on the Website.

3.3.         All information materials presented on the Website are for reference purposes and cannot fully convey reliable information about the conditions of the Services provided. If the Customer has any questions regarding the terms of the Services provided, before paying for the Services, he/she must seek advice from a contact person by phone or send a request to the email address indicated on the relevant sections of the Website.

4.              Rights and obligations of the parties

4.1.         The Provider undertakes to:

4.1.1.     Provide the necessary information about the Services. The information is posted on the Website.

4.1.2.     Provide support regarding the Services provided, the procedure and rules for placing an order by phone, e-mail, or other means of communication.

4.1.3.     In case of changes in the terms of the provision of Services already paid by the Customer (the start date of the provision of Services and other changes), notify the Customer at least 24 hours before the start of such changes. Notifications are made by posting relevant information on the Website, as well as by sending a message to the contact email address provided by the Customer when entering Registration data. The Customer is considered to be duly informed at the time of sending the notification to the Customer's email address.

4.2.         The Provider has the right to:

4.2.1.     Unilaterally change the cost of Services, as well as other conditions for the provision of Services.

4.2.2.     In case of violation of the Terms of Use of the Website, compliance with which is necessary for the provision of Services, the Provider is not responsible for the quality of the provision of Services, and is also released from liability due to the inability to provide Services through the fault of the Customer. In this case, the Provider has the right to refuse to perform the Agreement, the funds paid by the Customer are not returned and are considered as a fine for improper performance of the obligations assumed.

4.2.3.     Perform modifications to any software of the Website, terminate the operation of the Website if significant malfunctions, errors and failures are detected, as well as in order to maintain and prevent unauthorised access to the Website.

4.2.4.     Use the Customer's Registration Data provided by the latter in any way that does not contradict the law.

4.2.5.     To advise the Customer during the registration / confirmation / payment of the cost of Services, including contacting the Customer independently by the email address or phone number specified by the Customer when registering on the Website.

4.2.6.     Assign or otherwise transfer its rights and obligations arising from its relationship with the Customer to third parties, subject to compliance with the rights and interests of the Customer provided for by law.

4.2.7.     Suspend the Customer's access to the Website or its individual elements for the purpose of carrying out technical work with prior notification of the Customer about such work at least 24 hours before the start of scheduled work, or without prior notice in case of emergency work.

4.2.8.     On their own initiative, make changes to the functionality of the Website without changing its main purpose and functionality.

4.2.9.     Use the "cookies" technology. "Cookies" do not contain confidential information and are not transmitted to third parties. The Provider receives information about the IP address of the Website visitor. This information is not used to establish the identity of the Customer, except in cases of suspicion of him or his committing fraudulent actions.

4.3.         The Customer undertakes to:

4.3.1.     Independently and in a timely manner get acquainted with the cost and other conditions for the provision of Services.

4.3.2.     Fill in the required mandatory fields on the Website during registration, specifying reliable contact information.

4.3.3.     Pay for Services on the terms and at the cost applicable at the time of payment. The current terms and cost, as well as information about special offers and details of the Provider are posted on the Website.

4.3.4.     Immediately notify the Provider of changes in their Registration Data in writing by sending an e-mail message to the Provider's contact person.

4.3.5.     Not to reproduce, not to repeat, not to copy, not to sell, and not to use for any purpose the information and materials that have become available to him/her on the Website, except for their personal use.

4.3.6.     Get acquainted with the current version of this Agreement every time he/she visits the Website.

4.3.7.     When using the Website, follow the Terms of Use.

4.4.         The Customer has the right to:

4.4.1.     Require the Provider to comply with the terms of this Agreement.

4.4.2.     Edit Registration Data. The Customer consents to the use and processing by the Provider of the Registration Data in accordance with the Privacy Policy. The Provider uses the Registration Data, among other things, to fulfill its obligations to the Customer. 

5.              Payment for Services

5.1.         Payment for Services can be made by the Customer through the payment module or in any other way separately agreed by the parties. The Provider has the right to provide both one and several payment method options. The Provider has the right at any time and at its discretion to change/ delete any payment methods on the Website without the obligation of any notifications and amendments to this Agreement. 

5.2.         If more than one payment method is displayed on the Website, the Customer independently chooses a convenient payment method among the possible ones and which is available on the Website at the time of payment. Payment methods and methods that are not provided and are not available on the Website for making and confirming payment are not accepted. 

5.3.         The Customer transfers funds to the Provider in the amount of the cost of Services in the order of 100% prepayment. 

5.4.         By performing actions to connect the payment card binding service, the Customer provides his/her consent: 

for the storage of information by third parties, 

to bear independent full responsibility for the use of the payment card binding service 

to bear all risks associated with the possible use by third parties of a login, password, answer to a security question, card number, use of automatic authorisation, including when forwarding a message received by e-mail and other information.

5.5.         When using the online payment service, the Customer independently performs the safe shutdown of the online payment service for security purposes. The Provider is not responsible for the possible loss of Registration Data and other possible consequences. The Customer is responsible for the content and accuracy of the information provided when placing the order. 

5.6.         The Provider hereby informs the Customer that the payment by the Customer of the cost of Services and access to Services on the Website is the sale of mass media products posted on the Internet resource in public telecommunication networks, in connection with which, an electronic invoice is issued no later than 15 (fifteen) calendar days after the date of payment for Services.

5.7.         Payment for Services is non-refundable except in the cases specified below:

5.7.1.     If the Customer refuses the Services at least 14 calendar days before the start date of the provision of Services, the funds received by the Provider from the Customer as payment for Services are subject to refund to the Customer within 15 (fifteen) business days from the date of receipt of the refusal. The refusal must be issued in the form of a written application of the Customer, filled out to the name of the Provider in accordance with Annex No. 1 to this Agreement and sent to the following e-mail address: [email protected]  Applications received to the Provider's e-mail address at least 14 calendar days before the start date of the provision of Services are accepted for consideration and processing of refunds.

5.7.2.     If the Services are not rendered due to the Provider's fault, the funds received by the Provider from the Customer as payment for Services are subject to refund to the Customer within 15 (fifteen) working days from the date of cancellation, or can be credited to the account of payment for other Services.

6.              Informational messages 

6.1.         The Customer agrees to receive updated information, informational messages with the latest news, new offers, special offers and sale announcements, as well as information about the news and offers of the Provider's partners via e-mail and other means of communication. 

6.2.         The Customer can choose the mailing options or opt out. 

6.3.         The Customer agrees to record telephone conversations to improve the quality of service and confirm the Customer's oral statements, storing the Customer's data solely for the convenience of subsequent purchases. 

6.4.         The prices in the newsletter and advertising are not a public offer. 

7.              Miscellaneous 

7.1.         The Customer hereby agrees to the binding terms of this Agreement. 

7.2.         In accordance with the terms of this Agreement, the Provider has the right to refuse to place an order to persons who disagree with the terms of this Agreement. 

7.3.         The governing law of this Agreement shall be the Acting law of the Astana International Financial Centre.

7.4.         All disputes and disagreements that may arise during the execution of this Agreement will be resolved by the Parties through negotiations. 

7.5.         If any dispute arises in the course of fulfilling the obligations under this Agreement, the Parties shall take all necessary measures to resolve the dispute without recourse to legal proceedings.

7.6.         If the Parties have not come to a settlement or in case either Party avoids conduct of negotiations, any dispute, whether contractual or non-contractual, arising out of or in relation to this agreement, including any question regarding its existence, validity or termination, may first be submitted to mediation at the AIFC International Arbitration Centre («the IAC») under its Arbitration and Mediation Rules 2018. If the dispute is not resolved by mediation, then the Parties shall refer the dispute to arbitration at the IAC. In that case, then any dispute, controversy, difference or claim, whether contractual or non-contractual, arising out of or in relation to this Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the IAC in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause. The number of arbitrators shall be one. The arbitrator is appointed by agreement of the parties. The seat of the arbitration will be Astana International Financial Centre, Astana, Kazakhstan. The language of the arbitration proceedings shall be the English language.

8.              Provider's details 

Private company AIFC Professional Services Group Limited

BIN 190140900037

Registered address: 55/15 Mangilik El str., Astana, Z05T3C9

Actual address: Z05T3C4, Astana, Mangilik El str., 55/19, block c.C.4.

IBAN KZ879491100001444993 KZT

          KZ769491100001444997 USD

          KZ229491100001444999 EUR

JSC "ALTYN BANK" (SB China CITIC Bank Corporation Ltd) 

SWIFT ATYNKZKA

BIN 190140900037

Beneficiary's code 17


Annex No. 1 

to the Public Offer Agreement

 

To the project manager of

Private company AIFC Professional

Services Group Limited

 

 From ____________________________

 (Full name)

____________________________

(email address)

____________________________

(phone number)

 

Application for refusal of Services and refund of funds

 

"___" ____________20__ I purchased on the website http://www.uof.kz the programme on _________________________________________________________________________

(programme name)

I refuse to participate in the programme and to purchase Services due to the fact that ________________________________________________________________________________________________________________________________________________________

(reasons for refusal)

 

I ask you to transfer the returned funds to the following bank details

Name of the bank__________________________________________

SWIFT ________________________________________________________

BIN________________________________________________________

IBAN _________________________________________________

Client ______________________________________________________

IIN ________________________________________________________

 

"___" ____________20__.

 

 

_________________________                                               ______________

(FULL NAME)                                                                                   (Signature)