1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) applies to the website of the Center for Continuing Professional Education "kaidzen.kz", located at: Republic of Kazakhstan, 050013, Almaty, Satpayev 22, office 300, floor 3, and to all corresponding sites associated with the website kaidzen.kz
1.2. The website of the Center for Continuing Professional Education "kaidzen.kz" (hereinafter referred to as the Website) is owned by "Productivity and Quality Center" LLP.
1.3. This Agreement governs the relations between the website Administration "kaidzen.kz" (hereinafter referred to as the website Administration) and the User of this Website.
1.4. The website Administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User. The Website can change, supplement, update, change the form and nature of functional capabilities at any time without prior notification of the User, and therefore their use is offered on an "as is" basis, i.e., in the form and to the extent provided by the website Administration at the time the User accesses the Website. The website Administration has the right to, at its discretion, terminate (temporarily or permanently) the provision of support for the Website (or any individual functions within the Website) to all Users generally or to an individual User, in particular, without prior notice.
1.5. Continuing to use the Website by the User implies acceptance of the Agreement and the changes made to this Agreement.
1.6. The User bears personal responsibility for checking this Agreement for changes to it.
2. DEFINITION OF TERMS
2.1. The terms listed below have the following meaning for the purposes of this Agreement:
2.1.1 "kaidzen.kz" — Center for Continuing Professional Education, located at the domain name kaidzen.kz, conducting its activities through the Internet resource and its related services.
2.1.2. Center for Continuing Professional Education— a site containing information about Services, Seller, allowing selection, order and (or) purchase of Service.
2.1.3. Administration of the site of the Center for Continuing Professional Education — authorized employees to manage the Website, acting on behalf of "Productivity and Quality Center" LLP.
2.1.4. User of the website of the Center for Continuing Professional Education (hereinafter referred to as the User) — a person who has access to the Website via the Internet and uses the Website.
2.1.5. Content of the site of the Center for Continuing Professional Education (hereinafter referred to as the Content) — protected intellectual activities results, including video materials, texts of educational materials, their titles, preambles, annotations, articles, illustrations, covers, graphic, text, photographic, derivative, composite and other works, user interfaces, as well as the design, structure, appearance, general style and layout of this Content, included in the Site and other intellectual property objects as a whole and/or in parts, contained on the site of the Online School.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is providing the User of the Center for Continuing Professional Education with access to materials contained on the Website and services provided.
3.1.1. The online store provides the User with the following types of services:
— access to electronic content on a paid basis, with the right to acquire viewing of educational material on the Online School Website;
— access to information about the Service and information on the acquisition of the Service on a paid basis;
— access to individual consultations on a paid basis according to the rates on the website of the Center for Continuing Professional Education.
— access to educational material on a paid basis on the website of the Center for Continuing Professional Education under the "Working Materials" section;
3.1.2. All existing (actually functioning) services of the Center for Continuing Professional Education at the moment, as well as any of their subsequent modifications and newly appearing additional services of the Online School fall under the actions of this Agreement.
3.2. Access to open sections of the site of the Center for Continuing Professional Education is provided on a free basis.
3.3. This Agreement is a public offer. By accessing the Site, the User is considered to have joined this Agreement and accepted the offer.
3.4. The use of materials and services of the Site is governed by the norms of the current legislation of the Republic of Kazakhstan.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The website Administration has the right to:
4.1.1. Change the rules for using the Site and also change the content of this Site. Changes come into force from the moment of publication of the new version of the Agreement on the Site.
4.1.2. Restrict access to the Site in case of violation by the User of the conditions of this Agreement.
4.1.3. Change the amount of payment charged for providing access to paid content on the site of the Center for Continuing Professional Education. The change in cost will not apply to Users who have paid content at the time of the change in the payment amount, except for cases specifically stipulated by the Administration of the Center for Continuing Professional Education.
4.2. The User has the right to:
4.2.1. Obtain access to the paid part of the Site's content after fulfilling the registration and payment requirements.
4.2.2. Use all services available on the Site, as well as purchase any Services offered on the Site.
4.2.3. Ask any questions related to the services of the Center for Continuing Professional Education.
4.2.4. Use the Site solely for the purposes and in the manner provided for by the Agreement and not prohibited by the legislation of the Republic of Kazakhstan.
4.3. The User of the Site is obliged to:
4.3.1. Provide additional information that is directly related to the provided services of this Site upon request by the website Administration.
4.3.2. Observe property and non-property rights of authors and other rights holders when using the Site.
4.3.3. Not take actions that can be regarded as violating the normal operation of the Site.
4.3.4. Not distribute using the Site any confidential and protected by the legislation of the Republic of Kazakhstan information about individuals or legal entities.
4.3.5. Avoid any actions resulting in the violation of the confidentiality of information protected by the legislation of the Republic of Kazakhstan.
4.3.6. Not use the Site for spreading advertising information, except with the consent of the website Administration.
4.3.7. Not use the services of the site of the Center for Continuing Professional Education for the purpose of:
4.3.7.1. uploading content that is illegal, violates any third-party rights, promotes violence, cruelty, hatred, and (or) discrimination based on racial, national, gender, religious, social grounds, contains false information and (or) insults to specific individuals, organizations, authorities.
4.3.7.2. encouraging to commit unlawful acts, as well as assisting persons whose actions are aimed at violating restrictions and prohibitions in force in the territory of the Republic of Kazakhstan.
4.3.7.3. violating the rights of minors and (or) causing harm to them in any form.
4.3.7.4. infringing on the rights of minorities.
4.3.7.5. presenting oneself as another person or representative of an organization and (or) community without sufficient rights to do so, including for employees of this Online Store.
4.3.7.6. misleading about the properties and characteristics of any Service from the catalog of the Center for Continuing Professional Education, posted on the Site.
4.3.7.7. incorrect comparison of the Service, as well as forming a negative attitude towards people (not) using certain Services, or condemning such individuals.
4.4. The User is prohibited from:
4.4.1. Using any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Center for Continuing Professional Education's Website;
4.4.2. Disrupt proper functioning of the Site;
4.4.3. Bypass the navigation structure of the Site to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided through the Site's services;
4.4.4. Unauthorized access to functions of the Site, any other systems or networks related to this Site, as well as to any services offered on the Site;
4.4.5. Breaking the security or authentication system on the Site or in any network related to the Site.
4.4.6. Reverse search, tracking or attempting to track any information about any other User of the Site.
4.4.7. Using the Site and its Content for any purposes prohibited by the legislation of the Republic of Kazakhstan, as well as inciting any illegal activities or other activities that violate the rights of the Online School or other individuals.
5. USE OF THE "kaidzen.kz" SITE
5.1. The Site and Content, included in the Site, are owned and operated by the website Administration.
5.2. Site Content cannot be copied, published, reproduced, transmitted, or distributed by any means, as well as posted on the global Internet "Internet" without prior written consent of the website Administration.
5.3. Site Content is protected by copyright, trademark law, as well as other rights related to intellectual property and law of unfair competition in the Republic of Kazakhstan.
5.4. Obtaining any Service offered on the Site requires creating a User account.
5.5. The User bears personal responsibility for maintaining the confidentiality of account information, including the password, as well as for all activities performed on behalf of the User account.
5.6. The User must immediately notify the website Administration of any unauthorized use of their account or password, or any other breach of the security system.
5.7. The website Administration has the right to unilaterally cancel the User account if it has not been used for more than 24 calendar months consecutively without notifying the User.
5.8. This Agreement extends its actions to all additional terms and conditions for the purchase of Goods and services provided on the Site.
5.9. Information posted on the Site should not be construed as a change to this Agreement.
5.10. The website Administration has the right to change at any time without notifying the User, the list of services offered on the Site, and (or) the prices applicable to such Services of the Center for Continuing Professional Education.
5.11. By concluding this User Agreement, for the purpose of providing the User with the opportunity to use the Site, development opportunities, and improving the functionality of the Site, as well as other purposes specified in the Privacy Policy posted at https://www.kaidzen.kz/privacy-policy/ and constituting an integral part of this User Agreement, the User, and if the User is a minor, then his legal representative gives the Company unconditional consent to:- collect Personal Data about the User from all sources;- process Personal Data (including affiliated persons of the Company and Partners) at its own discretion by any means not contradicting the legislation of the Republic of Kazakhstan;- transmit, including transborder, Personal Data to Partners and affiliated persons;- other rights regarding Personal Data that may be indicated in the Company's Privacy Policy.
5.12. By concluding this User Agreement, the User expresses their consent to receive promotional information both from third parties and from the website Administration. The User understands and agrees that the website Administration does not determine the content and is not responsible for such information, including sites that links to which may be contained in the relevant materials.
6. LIABILITY
6.1. Any losses that the User may incur in case of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the website Administration.
6.2. The website Administration is not responsible for:
6.2.1. Delays or malfunctions in the process of the operation arising from force majeure, as well as any case of malfunction in telecommunications, computer, electrical and other related systems.
6.2.2. Actions of transfer systems, banks, payment systems, and delays associated with their operations.
6.2.3. Proper functioning of the Site, if the User does not have the necessary technical means for its use, as well as incurs no obligations to provide Users with these means.
6.2.4. subjective expectations of the User from using the Site and the services provided by the website Administration under this Agreement, as well as personal perceptions of possible outcomes in rendering the Services, the website Administration is not responsible for the consequences of applying the knowledge and materials obtained during the provision of services, including performance indicators of the User and increase in profit.
6.2.5. for (i) loss or corruption of data in information systems, (ii) missed profit, damage to business reputation, missed business opportunities, loss of expected income, or (iii) indirect or consequential damages.
6.3. The User agrees to compensate losses caused to the website Administration, other Users, any third party, or Rights Holders of materials and services provided by the Site.6.4. In any situations, the liability of the website Administration under the present User agreement is limited to the amount of one monthly calculated indicator.
7. BREACH OF TERMS OF THE USER AGREEMENT
7.1. The website Administration has the right to disclose any information collected about the User of this Site if the disclosure is necessary in connection with an investigation or complaint regarding unauthorized use of the Site or to establish (identify) the User who may violate or interfere with the rights of the website Administration or the rights of other Users of the Site.
7.2. The website Administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of applicable law or judicial decisions, ensure compliance with the terms of this Agreement, or protect the rights or safety of the Users of the Site.
7.3. The website Administration has the right to disclose User information if such disclosure is required or permitted by the current legislation of the Republic of Kazakhstan.
7.4. The website Administration has the right without prior notice to the User to terminate and (or) block access to the Site if the User violated this Agreement or any other conditions of use of the Site contained in other documents, as well as in case of termination of the Site or due to technical malfunction or problem.
7.5. The website Administration is not responsible to the User or third parties for terminating access to the Site if the User violates any provision of this Agreement or any other document containing the conditions of use of the Site.
8. DISPUTE RESOLUTION
8.1. If any disagreements or disputes arise between the Parties of this Agreement, a prerequisite before applying to the court is a claim (a written proposal for voluntary dispute resolution).
8.2. The recipient of the claim within 30 calendar days from the date of its receipt, notifies the claimant in writing about the results of the claim consideration.
8.3. In the case of impossibility to resolve the dispute voluntarily, any Party has the right to apply to the court for the protection of their rights, provided to them by the current legislation of the Republic of Kazakhstan.
8.4. Any action regarding the terms of use of the Site should be filed within 10 working days after the grounds for the action arise, except for the protection of copyright on materials protected by law on the Site. Violation of the conditions of this clause results in the expiration of the claim limitation period for any such action or ground.
9. ADDITIONAL CONDITIONS
9.1. The website Administration does not accept counter-proposals from the User regarding changes to this User Agreement.
9.2. User feedback posted on the Site is not confidential information and may be used by the website Administration without restrictions.
9.3. Issues that are not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan.
10. Details and address of the website Administration:
"Productivity and Quality Center" LLP
Address: Republic of Kazakhstan, 050013, Almaty, Satpayev 22, office 300, floor 3
BIN 170640007369
IIC KZ31722S000013129592 at JSC "Kaspi Bank"
BIC CASPKZKA
KBE 17
Tel.: +7 777 676 7772