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)