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 Service or send us your comments and suggestions.
Public Offer Agreement
This agreement is addressed to individuals and legal entities (hereinafter referred to as the "Customer"). The online service is provided by the Private Company Bureau for Continuing Professional Development Ltd. (hereinafter referred to as the Provider). The Provider and the Customer have entered into this agreement (hereinafter referred to as the Agreement), as follows:
1. Terms and definitions
1.1. Offer – a public offer of the Provider addressed to any individual or legal entity, to purchase the Services on the existing terms contained in the Agreement, including all its appendices.
1.2. Provider – Private company Bureau for Continuing Professional Development Ltd., which sells the Services presented on the Website.
1.3. Customer – individual or legal entity who accepts the Offer from the Provider on the terms contained in the Agreement.
1.4. Partner – an individual, an individual entrepreneur or a legal entity that provides Services from the Partner and is responsible for providing Services from the Partner.
1.5. Acceptance – the Customer's full and unconditional acceptance of the terms of the Offer.
1.6. Subscription – service (valid until the Customer refuses it) for the Provider providing the Customer with access to purchased and free programs and courses of the Website for a periodic subscription fee.
1.7. Programme – thematic trainings, seminars, conferences, master classes in the format of a webinar or online consultations, and other remote events of this kind that are organised by the Provider and / or Partner using the Website.
1.8. Services – informational and consultational services provided by the Provider within the framework of Programmes posted in the relevant sections of the Website. Services can be rendered by both the Provider and the Partner.
1.9. Order – the procedure for registration of the Customer for participation in individual Programmes within the framework of Services posted in the relevant sections of the Website.
1.10. 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
1.11. 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.
2. General provisions
2.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), this document is a public Offer, and in case if the Customer agrees to it, the Customer accepts this Offer in accordance with the terms of the Agreement. In accordance with paragraph 3 of Article 396 of the Civil Code, payment for the Services by the Customer is an acceptance of the Offer, which is considered equivalent to concluding an agreement on the terms set out in the Offer.
2.3. The use of the Website, any of its services, and functionality by the Customer means the Customer's unconditional consent to all of the provisions of this Agreement and unconditional acceptance of its terms and conditions with obligations to comply with the obligations imposed on the Customer under this Agreement.
2.4. The fact that the Customer uses the Website, any of its services, functionality, as well as the Customer's registration on the Website with both free and paid Subscriptions is a complete and unconditional acceptance of this Agreement in accordance with paragraph 3 of Article 396 of the Civil Code, which is considered equivalent to entering into an Agreement on the terms set out in the Offer. Ignorance of the terms of the Agreement does not release the Customer from responsibility for non-compliance with its terms.
2.5. Provider reserves the right, at its sole discretion, to modify and / or supplement the Agreement at any time without notifying the Customer. The current version of the Agreement is available on the Website at: http://www.uof.kz
2.6. The use of the Website, any of its services, and functionality by the Customer after making any changes and/or additions to the Agreement means that the Customer agrees to such changes and/or additions.
2.7. The Customer undertakes to regularly, at least once every 14 (fourteen) days, get acquainted with the content of this Agreement in order to be familiarised with its amendments and/or additions in a timely manner.
2.8. If the Customer does not agree to comply with this Agreement, they have the right not to use the Website, delete his account and/or stop using the Website.
3. Subject of the agreement. Subscription
3.1. The Provider provides access to the Website's functionality on a Subscription basis.
3.2. The trial period of the Subscription, during which the Customer can get acquainted with the Website, is 3 (three) months (90 calendar days from the date of Subscription).
3.3. 7 (seven) days, 3 (three) days and 1 (one) day before the end of the trial subscription period, the Provider automatically sends notifications to the registered email address of the Customer about the possibility of a paid Subscription.
3.4. If the Customer intends to renew the Subscription, the Customer has the right to purchase it on the Website;
3.5. In case of refusal of further purchase of the paid Subscription, no action is required on the part of the Customer and the Customer's account on the Website will be automatically deactivated after the end of the Subscription period.
3.6. The Customer has the right to renew the deactivated account by purchasing a paid Subscription on the Website.
Important! The Subscription is a separate product of the Provider, and is not included in the price of the Services purchased by the Customer. Please take this fact into account when making purchases on the Website.
4. Subject of the Agreement. Programmes
4.1. The Provider provides, and the Customer pays for, the Services under the selected Programme, the cost, duration and plan of which are posted in the relevant sections of the Website.
4.2. All obligations regarding the provision of paid Services from the Partner arise between the Customer and the Partner. Unless otherwise expressly provided in this Agreement or the terms of participation in a particular Programme, the Provider is not responsible for the validity and possibility of fulfilling these obligations. The Partner is solely responsible for the validity and possibility of fulfilling the obligations related to the Services provided by the Partner.
4.3. The cost of the Services under the Agreement is reported on the Website and is in the amount indicated for a specific Programme of interest to the Customer, in accordance with the tariff indicated on the Programme page.
5. Rights and obligations of the parties
5.1. The Provider undertakes to:
5.1.1. Provide the necessary information about the Subscription and Services. The information is posted on the Website.
5.1.2. Provide consulting support regarding the Services provided, the procedure and rules for placing an Order by phone or e-mail.
5.1.3. In the event of changes in the terms and conditions for the provision of Services already paid for by the Customer (the start date, current dates, venue and other changes), notify the Customer at least 24 hours before the start of such changes. Notifications are made by posting the relevant information on the Website, as well as by sending a message to the contact email address provided by the Customer when entering the Registration Data. The Customer is considered to be duly informed at the moment of sending the notification to the email address of the Customer.
5.2. The Provider has the right to:
5.2.1. Take photos and videos during the provision of Services (including with the use of screen recording technologies) and use the materials obtained during the photo and video shooting at its own discretion. The Provider owns the copyright, as well as the rights related to the copyright to the specified materials.
5.2.2. Unilaterally change the cost of Services and Subscriptions, the dates and times of Services, as well as other terms of Services and Subscriptions.
5.2.3. In case of violation of the rules, compliance with which is necessary for the provision of Services, the Provider is not responsible for the quality of the Services, and is also released from liability in connection with the inability to provide Services due to the fault of the Customer. In this case, the Provider has the right to refuse to perform its obligations under the Agreement, the money paid by the Customer is not returned and is considered as the amount of the fine for improper performance of the obligations assumed by the Customer.
5.2.4. Perform modifications to any software on 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.
5.2.5. Use the Customer's Registration Data in any way that does not contradict the law.
5.2.6. Advise the Customer during the registration/confirmation/payment of the Subscription price and/or participation in the Programmes, including independently contacting the Customer via email address or phone number specified by the Customer.
5.2.7. Assign or otherwise transfer its rights and obligations arising from its relations with the Customer to third parties, subject to compliance with the rights and interests of the Customer provided for by law.
5.3. The Customer undertakes to:
5.3.1. Independently and in a timely manner get acquainted with the date, time, place, cost and other conditions for the provision of Services.
5.3.2. Fill in the required fields on the Website when registering, specifying reliable contact information. At the same time, the Customer agrees that the Provider independently sets the start date for the provision of Services and the current dates for the provision of Services, depending on the number of Customer in the relevant group.
5.3.3. Pay for the Service on the terms and at the cost applicable at the time of payment. The current terms and price, as well as information about special offers and details of the Provider are posted on the Website.
5.3.4. To participate directly, i.e. to comply with the calendar plan for the provision of Services.
5.3.5. Immediately notify the Provider of the change in their Registration Data in writing, by sending an e-mail message to the Provider's contact person.
5.3.6. Not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to them on the Website, except for their personal use.
5.3.7. Check the current version of this Agreement every time they visit the Website.
5.4. The Customer has the right to:
5.4.1. Require the Provider to comply with the terms of this Agreement.
6. Placing and paying for an Order
6.1. The Service is ordered by the Customer on the Website.
6.2. When registering (placing) an Order on the Provider's Website, the Customer undertakes to provide Registration Data about themselves.
6.3. The Customer has the right to edit the Registration Data about themselves.
6.4. The Customer agrees to the use and processing of their Registration Data by the Provider. The Provider uses the Registration Data, among other things, to fulfill its obligations to the Customer.
6.5. The Customer is responsible for the content and accuracy of the information provided when placing the Order.
6.6. All information materials provided on the Website are for reference purposes and cannot fully convey reliable information about the terms of the Services provided. If the Customer has any questions regarding the terms of the Services provided, before placing an Order, they must consult the contact person by phone or send a request to the email address specified on the relevant sections of the Website.
6.7. The Provider has the right to 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 user. This information is not used to establish the identity of the Customer, except in cases of suspicion or fraud.
6.8. The Customer arranges 100% prepayment to Provider/Partner in the amount of the cost of participation in the Programme.
6.9. The Provider hereby informs the Customer that the Customer's payment for the cost of Services and access to the Programmes on the Website is the sale of mass media products posted on the Internet resource in public telecommunications networks, and therefore, an electronic invoice is issued no later than 15 (fifteen) calendar days after the date of payment for Services.
6.10. Payment for the Order is made by transferring money online through the electronic payment system by the following means of payment:
6.11. payment cards (VISA, EuroCard/MasterCard)
6.12. The Provider has the right to provide one or several payment methods. The Provider has the right at any time and at its sole discretion to change/remove any payment methods on the Website without the obligation of any communication to the Customer and making changes to this Agreement.
6.13. If more than one payment method is displayed on the Website, the Customer independently chooses a convenient payment method among the possible ones and that are available on the Website at the time of payment. Payment methods and methods that are not provided for and are not available on the Website for making and confirming payments are not accepted.
6.14. By performing actions to connect the payment card binding service, the Customer gives their consent:
on the storage of information by third parties,
be solely responsible for the use of the payment card binding service
bear all the risks associated with the possible use by third parties of the username, password, answer to the security question, card number, use of automatic authorisation, including when sending a message received by email and other information.
6.15. 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.
6.16. The price for each Service item is displayed on the Website.
6.17. Prices for any Services listed on the Site may be changed by the Provider unilaterally without notifying the Customer.
6.18. Payment for Services is non refundable except in the cases specified below:
6.18.1. If the Customer refuses to participate in the Programme at least 14 calendar days before the start date of the Programme, the funds received by the Provider/Partner from the Customer as a payment for participation in such a Programme, shall be refunded to the Customer within 15 (fifteen) business days from the date of receipt of the refusal. The refusal must be made in the form of a written application of the Customer, filed to the Provider according to the Schedule #1 to the Public Offer Agreement to the and sent to the following email address: firstname.lastname@example.org. Applications received to the Provider's email address at least 14 calendar days prior to the start date of the Programme are accepted for consideration and processing of refunds.
6.18.2. If the start of the Programme does not occur due to the fault of the Provider/Partner, funds received by the Provider/Partner as a payment for participation in such a Programme, shall be refunded to the Customer within 15 (fifteen) business days from the date of cancellation of the Programme, or the funds can be credited to the payment account of another Programme.
7. Informational messages
7.1. The Customer agrees to receive updated information, informational messages with the latest news, new offers, special offers and sales announcements, as well as information about the news and offers of the Partners via SMS and email.
7.2. The Customer can choose the mailing options or opt out.
7.3. The Customer agrees to record telephone conversations to improve the quality of service and confirm the Customer's oral statements, and to store the Customer's data solely for the convenience of subsequent purchases.
7.4. The prices in the mailing list and advertising are not a public Offer.
8. Other conditions
8.1. The Customer hereby agrees to the binding terms of this Agreement.
8.2. 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.
8.3. The governing law of this Agreement shall be the Acting law of the Astana International Financial Centre.
8.4. All disputes and disagreements that may arise during the execution of this Agreement will be resolved by the Parties through negotiations.
8.5. 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.
8.6. 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, Nur-Sultan, Kazakhstan. The language of the arbitration proceedings shall be the English language.
9. Provider's Bank Details
Private company Bureau for Continuing Professional Development Ltd.
Registered address: 55/15 Mangilik El Str., Nur-Sultan, Z05T3C9
Actual address: Z05T3F6, Nur-Sultan, Mangilik El str., 55/23, block c.4.4.
Account number KZ879491100001444993 KZT
JSC "ALTYN BANK" (SB China CITIC Bank Corporation Ltd)
Beneficiary's code 17
to the Public Offer Agreement
To project manager
Bureau for Continuing Professional Development Ltd
Application for refusal to participate in the Program and refund
«___» ____________20__ I purchased it on the website http://www.uof.kz the program
From provider ________________________________________________________________
I refuse to participate in the Program due to the fact that _--_____________________________
(reasons for refusals)
Please transfer the returned funds to your bank details
Bank name __________________________________________________
(full name) (signature)