User agreement

This Agreement governs relations arising from Service use between IDSOFT Qazaqstan LLP and partner companies providing Service access (“Company”) and the User, under these terms.

This Agreement was last updated on 18 September 2018

1. Terms and definitions

In this User Agreement, the terms below have the following meanings:

1.1. IDSOFT/Company/Owner — IDSOFT Qazaqstan Limited Liability Partnership, Business ID 170140024707;

1.2. Services — software and internet resources containing a data storage and processing information system and intellectual property, including software, databases and graphical and textual interface design, accessed from various user devices and websites over the Internet, including through websites rosta.kz, cabinet.rosta.kz (including subdomains belonging to these addresses). Functional capabilities, facilities, services and tools available to Users;

1.3. User — an individual or legal entity visiting or using internet resources, including the Company’s Services;

1.4. User Agreement/Agreement — this Agreement and the rules and documents governing the Services or how they are used;

1.5. Account/Credentials — a unique login and password created by the User during Registration or changed later, used for Authorization and access to Service functionality;

1.6. Sign up — User actions under Service instructions, including supplying an Account and other Information, including Personal Data, to gain access to specific Services;

1.7. Authorization — actions using special Service interface forms to create a Personal Account and access User data used by the Services;

1.8. Information/Personal Data — any materials or information directly or indirectly related to the User and supplied to the Company in connection with Service use.

2. General provisions

2.1. This Agreement constitutes a public offer (under Article 395(5) of the Civil Code of the Republic of Kazakhstan, Public offer — an offer containing all essential contract terms and showing the offeror’s intent to contract on those terms with anyone who responds). Acceptance of the offer means use of the Services under Article 396 of Kazakhstan’s Civil Code. Acceptance is the offeree’s response agreeing to the offer and must be complete and unconditional. By accepting, the User confirms legal capacity, capacity to act and the lawful right to contract with the Company. Agreement to the terms through Service use constitutes full and unconditional consent to conclude the Agreement.

2.2. This Agreement is an open, publicly available document. The current version is available at rosta.kz/agreement

2.3. The Right to use the Services granted under this Agreement extends to the territory of the Commonwealth of Independent States.

2.4. Acceptance means agreeing to every provision and is equivalent to concluding the agreement and all its appendices. Please read it carefully. If you disagree with any clause, the Company asks you not to accept the offer.

2.5. Individual Services may be governed by special rules or agreements integral to this Agreement, including terms, rules and individual written agreements signed by the Company and User. If these conflict with this Agreement, the special rules or agreements prevail.

2.6. Whether registered or authorized or not, using the Services, including viewing their information, means agreeing to this Agreement, undertaking to follow Service instructions, and accepting responsibility for actions related to Service use.

2.7. The User owns the data they create and store using the Services.

3. Subject of the Agreement

3.1. Under this Agreement, the Company, holding exclusive economic copyrights in the Services, grants the User non-exclusive permission (the “Right”) to use them.

3.2. The Right is granted to the User, and no other third party, only within the scope specified in this Agreement unless the Company agrees otherwise in writing.

3.3. The User will use the Services on their own equipment (tablet, smartphone, computer, etc.) for business purposes by accessing them over the Internet.

3.4. In return for the Right, the User pays the Company the amount (“Royalties”) shown on the User’s Service pages, no later than the date shown there.

4. Rights and obligations of the parties

4.1. The Company may:

4.1.1. Receive Royalties from the User for granting the Right;

4.1.2. Set Service prices based on Service type, package contents, seasonality, region of use, regional User activity and other factors;

4.1.3. Change and improve the Services without prior notice to the User;

4.1.4. If the User breaches this Agreement, terminate it unilaterally before its term, immediately block access and stop the Right without prior notice or compensation for resulting User losses;

4.1.5. Unilaterally amend this Agreement. Continued Service use and payment after changes or additions signifies User consent to them. Rights paid for before such changes will be provided without applying those changes.

4.1.6. Initiate termination of this Agreement under its terms and Kazakhstan law;

4.1.7. Transfer rights and obligations under this Agreement to third parties to perform it without further User consent;

4.1.8. Send the User information about Service operation by any means, including advertising, information and other messages to the supplied email address or phone number, or publish it in the Services;

4.1.9. Subject to section 6, process User Information in a non-personalized form to improve the service and collect market statistics;

• violate Kazakhstan law, this Agreement or third-party rights and legitimate interests while using the Services;
• use the Services in bad faith;
• harm the Services or their operation;
• attempt unauthorized access to the Services;
• risk disrupting the Company’s or third parties’ hardware or software;

4.1.11. Exercise other rights provided by law.

4.1.12. The Company’s status under this Agreement is non-exclusive, and it may conclude similar agreements on terms and in numbers at its discretion.

4.2. The Company must provide:

4.2.1. The Services’ functional capabilities;

4.2.2. Access for the User to use the Services during the last 365 days, excluding preventive maintenance;

4.2.3. Confidentiality of User Information throughout its storage on Company servers.

4.2.4. Basic information security for User Information within limits defined by ordinary conditions.

4.2.5. Correct Service failures or errors identified by the User during this Agreement’s term;

4.3. The User may:

4.3.1. Use the Services during this Agreement’s term under its conditions;

4.3.2. Initiate termination of this Agreement under its terms and Kazakhstan law;

4.3.3. Propose changes or additions to Service functionality;

4.3.4. Give the Company remote access to operate or debug the Services using Company-provided software;

4.3.5. Use the Services in business operations, excluding resale or transfer to third parties.

4.4. The User must:

4.4.1. Pay the Company Royalties for Service use in the amounts, manner and timeframes specified in this Agreement;

4.4.2. Report all known third-party infringements of the Company’s intellectual property rights in the Services;

4.4.3. Do not use the Services in violation of the rights or legitimate interests of the Company, other right holders or third parties, or this Agreement;

4.4.4. Do not use the Services in violation of the rights or legitimate interests of the Company, other right holders or third parties, or this Agreement;

4.4.5. Use the Services solely under the terms and within the limits of this Agreement;

4.4.5. Refrain from the actions listed in clause 5.5 of this Agreement;

4.4.6. Promptly notify the Company when Information on its servers needs to be destroyed;

4.4.7. Provide all information and documents the Company needs to fulfill its obligations under this Agreement;

4.4.8. Regularly monitor changes to this Agreement.

4.4.9. Royalties paid in advance as a personal account balance top-up are non-refundable in the event of disputes;

5. Service use terms

5.1. The User acquires no ownership or copyright in the Services, which remain Company property. The parties confirm that only the Right is transferred, not possession, disposal or ownership. The transferred Right excludes any User right or ability to sell or otherwise alienate the Services to a third party or transfer their possession, disposal or ownership. Service use is not limited by functional purpose, and reproduction is not limited to the number of copies needed for such use.

• Display the Services’ graphical interface on your equipment (tablet, smartphone, computer, etc.);
• Use all functional capabilities of the Services.

5.5. The User is prohibited from:

5.5.1. Reverse engineer, decompile or disassemble the Services, otherwise examine their source code or modify it;

5.5.2. Rent or temporarily provide the Services to third parties, except Company employees using them for the User’s business activities;

5.5.3. Enter sublicensing agreements with third parties or transfer Service Rights to them;

5.6. The Company may engage third parties to perform this Agreement. The User confirms that those parties receive the same rights as the Company, including rights concerning User Personal Data.

5.7. If the User breaches this Agreement or performs any action listed in clause 5.5, the Agreement terminates. The User must immediately stop using the Services and compensate the Company for actual losses, lost profits and moral (non-property) harm.

5.8. If the Company receives no User complaint about the scope of rights within 3 (three) days after the Right is received, it is deemed properly granted in full.

5.9. If the Agreement is terminated, the Company may destroy/delete the User’s information entered in the Services.

6. Privacy and personal data protection policy

6.1. This Privacy and Personal Data Protection Policy (“Policy”) covers all information the Company may obtain about the User during Service use.

6.2. By registering or using the Services, the User consents to Company storage, processing and transfer of Personal Data and other information needed to fulfill obligations to the User, assess Service operability and maintain functionality.

6.3. The Company undertakes not to disclose User Information. Disclosure to third parties contracted to fulfill obligations to the User is not a breach. Disclosure under justified, applicable Kazakhstan legal requirements is also not a breach. The Company may use cookies, which contain no confidential information and are not transferred to third parties. It obtains User location from IP addresses, but does not use it for identification except in cases of User fraud.

6.4. The User must immediately report unauthorized access to their Information and any breach or suspected breach of confidentiality. For security, the User must safely log out after each session. The Company is not responsible for possible data loss or any other consequences.

6.5. The User is responsible for the accuracy of Personal Data supplied to the Company.

6.6. The User is responsible for third-party unauthorized access to User Information and must keep access credentials confidential. The User is responsible for all actions and consequences of using their Information, including unauthorized access and voluntary disclosure of credentials to third parties. All actions within or using the User’s Services are deemed performed by the User.

6.7. The User consents to recording telephone conversations to improve service quality and confirm the User’s oral statements.

6.8. This Policy applies during the Agreement and for 6 (six) months after termination.

7. Term of the User Agreement

7.1. This Agreement takes effect when the User starts using the Services, regardless of Registration, and remains in force indefinitely.

7.2. The User may terminate Service access with no possibility of restoration. In that case, the User may not register again, including with the email address previously used in their credentials.

7.3. The Company may at its discretion terminate all or part of Service access for a User violating this Agreement, any Service terms or other operating rules. A User whose access is terminated or Information invalidated may not create another account, including with a previously used email, without special Company permission. Users may not access Services using another User’s credentials.

8. Force majeure

8.1. The User and Company (“Parties”) are not liable for non-performance or improper performance directly caused by circumstances they could not foresee or prevent by reasonable means. Force majeure includes natural disasters, epidemics, war, military coups, rebellion, civil unrest, counterterrorism operations, terrorist acts, strikes, legislative or executive acts, fire, requisition, mobilization, seizure, currency restrictions, embargoes, blockades and trade sanctions.

8.2. If the circumstances in clause 8.1 occur, performance deadlines are extended by their duration.

8.3. A party unable to perform must immediately, and no later than 10 (ten) working days after the circumstances arise, notify the other electronically with confirmation of receipt.

8.4. If clause 8.1 circumstances last more than 2 (two) months, or there are sufficient grounds to expect this, the party unable to perform may withdraw from further performance. The parties must agree an action plan, identify possible methods and settle accounts from the date this becomes possible.

9. Assignment of rights

9.1. The Company may transfer all or part of its rights or obligations under this Agreement to a third party; the User hereby consents.

9.2. If all or part of the rights or obligations are transferred to a third party, that party may provide equivalent or similar services.

10. Disputes and other terms

10.1. All disputes under this Agreement are governed by the current legislation of the Republic of Kazakhstan.

10.3. Invalidity of individual parts of this Agreement does not affect the validity of its other provisions.

11. Recurring payment terms

11.1. By paying for the Right to use the Services by bank card on the Company website, the User consents to subsequent periodic debits without further acceptance (recurring payments) from that card.

11.2. The User confirms that entering card details and making the first payment sufficiently instructs the payment provider to store a payment token (card identifier) and make further automatic debits without additional User confirmation.

11.3. The Company does not store full User card details. An authorized payment provider processes payments, tokenizes and stores payment data under international payment security standards, including PCI DSS.

11.4. A recurring payment is automatically initiated 24 (twenty-four) hours before the paid license period ends for the relevant User outlet.

11.5. By paying, the User unconditionally consents to automatic renewal of the Right through regular bank card debits until consent is withdrawn.

11.6. The User may withdraw recurring payment consent at any time by contacting the Company no later than 3 (three) calendar days before the expected next debit. Automatic debits stop once the request is processed.

11.7. If a recurring payment has occurred, the User may request a refund within 14 (fourteen) calendar days after the debit. Funds are returned to the card used for payment.

11.8. Refund crediting time depends on the card issuer and may take up to 21 (twenty-one) calendar days.

11.9. If the card has insufficient funds, is blocked, or recurring payment consent is withdrawn, the Company may suspend Service access after the paid period ends without further notice.