1. General provisions

By using the Copyright Holder’s Service, you confirm that:

1.1.1. You have read the terms of this Agreement in full before starting to use the Service.

1.1.2. Starting to use the Service in any form means that you accept all the terms of this Agreement in full without any exceptions or limitations on your part and undertake to comply with them. Using the Service on other terms is not allowed.

1.1.3. Starting to use the Service in any form means that you join and accept all the terms of the License Agreement of the “Adata” Service and agree that the Service and the internet resource https://adata.kz is a means of mass information, namely a publicly available information directory created to provide information to users.

1.1.4. If you do not agree with the terms of the Agreement, you should immediately cease any use of the Service.

1.1.5. The Agreement (including any of its parts) may be amended by the Copyright Holder without any special notification. The new version of the Agreement comes into effect from the moment it is posted on the Service or communicated to the User in another convenient form, unless otherwise provided by the new version of the Agreement.

1.1.6. The User accepts and agrees that in accordance with paragraph 13 of Article 28 of the Entrepreneurial Code of the Republic of Kazakhstan, publicly available information about the subject of entrepreneurship includes:

2. Concepts and terms used in this agreement

User – any person using the Service, possessing full legal capacity and capability in accordance with the current legislation of the Republic of Kazakhstan and accepting all provisions of this Agreement.

Service – a set of software products and hardware of the Copyright Holder, access to which is provided to the User using the Copyright Holder’s Website for the purpose of providing information formed from publicly available state and other information resources in accordance with the legislation of the Republic of Kazakhstan.

Registration – creating a User profile with the indication of authentication data to obtain full access to the Service.

Personal data – information relating to a specific or identifiable on its basis subject of personal data, recorded on electronic, paper, and (or) other material carriers;

Subject of personal data – an individual to whom personal data relates.

3. Subject of the agreement

3.1. The subject of this Agreement is the services for providing the User access to information posted on the Service obtained from publicly available sources, on a paid/free basis under the terms defined in this Agreement

3.2. The Copyright Holder has the right to post any informational and/or advertising materials and links on the Service.

3.3. Regardless of the fact of registration or authorization of the User on the Service, using the Service, including viewing the information posted on the Service, means the User’s agreement with this User Agreement and acceptance of the obligation to follow the instructions for using the Service, as well as responsibility for actions related to using the Service.

4. Procedure, conditions, and cost of using the service

4.1. The Service is provided to the User free of charge, unless specifically stated otherwise.

4.2. Payment for using the Service is made in a cashless manner by any of the methods offered by the Service. Some payment methods may require the User to pay a commission or fee for services provided by the entities accepting and transferring payments, banks, etc.

4.3. In case of restriction or termination of the Service due to technical or other reasons beyond the control of the Copyright Holder, the payment amount is non-refundable.

5. Procedure, conditions, and cost of using the service

5.1. The User has the right to:

5.1.1. Access the Service 24/7, except for the time of preventive and other works, when sources are unavailable or in cases not dependent on the Copyright Holder;

5.1.2. Have 24/7 access to publicly available personal data of the Subject, obtained from open information resources provided that the User has the written consent of the Subject of personal data for the collection and processing of their personal data in accordance with the legislation of the Republic of Kazakhstan;

5.1.3. When errors are found in the operation of the Service or in the information posted on it with confirming documents, report this to the Copyright Holder at the address indicated in the details or the Support Service of the Service;

5.1.4. Make suggestions for improving the operation of the Service.

5.2. The User undertakes the following obligations:

5.2.1. Familiarize themselves with the user documentation for the Service and comply with its provisions;

5.2.2. Regularly familiarize themselves with the terms of the Agreement for any changes and/or additions. The User bears personal responsibility for checking this Agreement for any changes. Continuing to use the Service means the User accepts any changes and additions made to this Agreement;

5.2.3. Not to use the Service, databases, and information of the Service to create derivative works, not to use such derivatives without the written consent of the Copyright Holder, not to reproduce or copy the Service and its individual elements;

5.2.4. Not to disrupt the operation of the Service;

5.2.5. Not to sell or transfer to third parties the rights and obligations provided by the Agreement, including the right to use the Service. In case of violation of this obligation, the User is fully responsible for the actions of such third parties carried out using the Service, as well as for any damage caused by such third parties to the Service;

5.2.6. The User is not entitled to transfer their login and password to third parties, bears full responsibility for their safety, independently choosing the method of their storage. The login and password chosen by the User are necessary and sufficient information for the User to access the Service.

5.2.7. The User is prohibited from conducting and/or commissioning scientific and technical research, expertise, studying, analyzing the algorithm and structure of the Service without the written consent of the Copyright Holder and/or a court decision. Violation of this clause is considered unauthorized access and encroachment on the object of intellectual property. For violation of this clause, the User must pay a fine of 1000 MRP within 3 working days from the moment of the Copyright Holder’s demand.

5.2.8. The User is prohibited from collecting and processing personal data of the Subject of personal data (individuals) without the written consent of the Subject of personal data for the collection and processing of their personal data in accordance with the legislation of the Republic of Kazakhstan.

5.2.9. The User is prohibited from using information about personal data of the Subject of personal data (individuals) for causing property and/or moral harm, restricting the realization of rights and freedoms guaranteed by the laws of the Republic of Kazakhstan.

5.3. The Copyright Holder has the right to:

5.3.1. Change, add, or delete clauses of this Agreement at any time without notifying the User;

5.3.2. Transfer rights and obligations under the Agreement to third parties without the User’s consent;

5.3.3. Suspend the fulfillment of its obligations under the Agreement or refuse to fulfill the Agreement in cases:

5.3.3.1. if the User performs actions that the Copyright Holder, at its sole discretion, qualifies as non-fulfillment and/or improper fulfillment of the User’s obligations regulated by the Agreement, including violation of the rights of the Copyright Holder and other Users of the Service;

5.3.3.2. in case of absence or insufficiency of funds of the User, necessary for payment for the right to use the Service;

5.3.3.3. if the User’s actions lead to computer incidents;

5.3.3.4. in other cases that the Copyright Holder, at its sole discretion, qualifies as actions of the User leading and/or potentially leading to non-fulfillment and/or improper fulfillment of the User’s obligations regulated by the Agreement, possible (potential) losses and/or risks and/or threats of their occurrence for the Copyright Holder and/or third parties.

5.3.4. Limit access to any information on the Service;

5.3.5. Notify the User about promotions and provided bonuses via the email of the User specified during registration;

5.3.6. Post information of an advertising nature on the Service. The procedure, form, and volume of advertising posted by the Copyright Holder on the Service may change without separate notification to the User.

5.4. The Copyright Holder undertakes the following obligations:

5.4.1. Maintain the operability of the Service except in cases of necessary technical work, when sources are unavailable or in cases not dependent on the will of the Copyright Holder;

5.4.2. Notify the User of changes in the operation of the Service, changes in the tariff plan, as well as the appearance of new services and products of the Service by posting information on the Service and/or in another way.

6. Responsibility of the parties

6.1. The User acknowledges and unconditionally accepts that the information provided by the Service is for informational and advisory purposes only.

6.2. The Copyright Holder is not responsible for actions taken by the User based on their subjective perception of the information provided.

6.3. The Copyright Holder does not consider any claims from the User regarding information obtained under the terms of this Agreement.

6.4. Use of the Service is provided on an “as is” basis and on a “available” basis in the form in which it is available at the time of provision, without any direct or indirect guarantees. Types, features, main properties, volume, quantity, and/or completeness and other conditions for providing information, as well as the format of presentation are determined by the Copyright Holder. The User receives information voluntarily (at their own discretion), with the condition of fully accepting all risks and consequences.

6.5. The Copyright Holder is not responsible for any damages, including actual, indirect, incidental, unintentional damage, lost profits, harm to honor, dignity, or business reputation, loss of data, or for any other damages to the User and/or third parties, including those arising from the use or inability to use the Service, or incurred as a result of errors, interruptions, defects, delays in operation, changes in functions of the Service, or transmission and/or loss of data.

6.6. The User bears sole responsibility for obtaining personal data of the Subject of personal data (individuals) without the written consent of the Subject of personal data for the collection and processing of their personal data in accordance with the legislation of the Republic of Kazakhstan.

7. Consent to the collection and processing of personal data

7.1. In accordance with the legislation regulating relations related to the collection and processing of Personal data when the User accepts, in the manner defined by the User Agreement, the User gives unconditional consent to the Copyright Holder and Third parties for the Collection, Processing, cross-border transfer (if necessary) of the User’s Personal data, in ways that do not contradict the legislation of the Republic of Kazakhstan.

7.2. The User guarantees that when obtaining personal data of the Subject of personal data (individuals), the User has obtained written consent from the Subject of personal data in accordance with the legislation of the Republic of Kazakhstan on the protection of personal data.

7.3. The User bears full sole responsibility for the absence of written consent from the Subject of personal data when obtaining personal data of individuals.

8. Intellectual rights

8.1. The Copyright Holder retains exclusive rights to the Service, including, but not limited to, the domain name, the logo posted on the Service, databases, all technical developments, etc.

8.2. The Agreement does not imply the transfer of any rights to the User to programs, databases, and other rights to the intellectual property of the Copyright Holder of the Service, except for those explicitly listed in this Agreement or belonging to the User in accordance with the legislation of the Republic of Kazakhstan.

8.3. Other rights of the Copyright Holder are protected by the legislation of the Republic of Kazakhstan and international copyright agreements, as well as other laws and agreements regulating relations that may arise regarding rights to intellectual property.

9. Force majeure obligations

9.1. The party is released from liability for partial or complete non-fulfillment, or improper fulfillment of obligations if this is due to force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary circumstances that the Party could not foresee or prevent.

9.2. Force majeure circumstances include: flood, fire, earthquake, natural disasters, accidents/failures in communication networks, destruction of buildings, structures, and any installations, networks, telecommunications equipment, epidemic, war or military actions, as well as decisions of state authorities or management.

In cases of force majeure, the term for the Party to fulfill its obligations under the Agreement is extended proportionally to the time during which these circumstances and their consequences are in effect. If the force majeure circumstances and their consequences continue for more than 3 (three) months, the Parties will conduct additional negotiations to determine acceptable alternative methods of fulfilling the Agreement, or the obligations of the Parties will cease due to impossibility of fulfillment (except for monetary obligations) from the moment of occurrence of force majeure circumstances.

10. Dispute resolution

10.1. Pre-trial resolution of the dispute is carried out through negotiations and submission of claims and is mandatory.

10.2. The recipient of the claim, within 10 working days from the date of its receipt, notifies the applicant in writing about the results of the consideration of the claim.

10.3. If it is impossible to resolve the dispute in a pre-trial manner, either party has the right to seek protection of its rights in the judicial authorities. All disputes are resolved in accordance with the current legislation of the Republic of Kazakhstan in the court of Almaty.

11. Final provisions

11.1. The Agreement, as well as all legal relations arising in connection with the execution of the Agreement, are governed and interpreted in accordance with the legislation of the Republic of Kazakhstan.

11.2. This Agreement comes into effect from the moment the User starts using the Service, regardless of the fact of registration or authorization of the User and is valid until an official notice of withdrawal of the Agreement is posted on the Service.