Public Offer Agreement

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Dear Customer! Please carefully read the presented text of the public offer. If you do not agree with any of its clauses, you may refuse to purchase the Goods or send us your comments and suggestions.

PUBLIC OFFER AGREEMENT

This Agreement is addressed to natural persons (hereinafter – the “Client”). The online service is provided by Institute of Intellectual Technologies LLP (hereinafter – the “Seller”). The Seller and the Client have entered into this Agreement (hereinafter – the “Agreement”) on the following terms:

1. General Provisions

1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter – the “Civil Code of the RK”), this document constitutes a public offer, and upon acceptance of the terms set forth below, the Client who accepts this offer shall pay for the Seller's Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 396 of the Civil Code of the RK, payment for the Goods by the Client constitutes acceptance of the offer, which shall be deemed equivalent to concluding the Agreement on the terms set out in the offer.

2. Terms and Definitions

2.1. Offer – a public proposal by the Seller addressed to any natural or legal person to acquire Goods on the existing terms set forth in the Agreement, including all appendices thereto.

2.2. Seller – Institute of Intellectual Technologies LLP, which sells the Goods presented on the information resource “Clever Quizzes”.

2.3. Client – a natural person who accepts the Offer from the Seller on the terms set forth in the Agreement.

2.4. Acceptance – the Client's full and unconditional acceptance of the terms of the Offer.

2.5. Goods – a list of electronic services presented on the information resource “Clever Quizzes”.

2.6. Order – individual items from the product range specified by the Client when placing a request on the information resource “Clever Quizzes”.

2.7. Information Resource – a collection of the Seller's electronic documents (files) available on the Internet at “Clever Quizzes”.

2.8. Personal Account – a special section of the Information Resource that allows the Client to access data on the status of the Order.

3. Subject of the Agreement

3.1. The Seller sells the Goods in accordance with the current price list published on the Seller's Information Resource, and the Client pays for and accepts the Goods in accordance with the terms of this Offer.

3.2. This Agreement and all appendices thereto are official documents of the Seller and constitute an integral part of the Offer.

4. Placing an Order

4.1. The Order for the Goods is placed by the Client on the Information Resource.

4.2. When registering (placing) an Order on the Seller's Information Resource, the Client undertakes to provide registration information about themselves.

4.3. The Client's acceptance of the terms of this Offer is carried out by the Client entering the relevant data in the registration form on the Information Resource. The Client has the right to edit their registration information.

4.4. The Seller undertakes not to disclose the Client's registration data, as well as other information relating to the Client's personal data, to persons not involved in the execution of the Order. By confirming the Order for the selected Goods, the Client provides the necessary information by filling in the information fields in the Personal Account.

4.5. The Client is responsible for the content and accuracy of the information provided when placing the Order.

4.6. All informational materials presented on the Information Resource are electronic services and are provided only through Clients' Personal Accounts exclusively in electronic form. If the Client has any questions regarding the properties and characteristics of the Goods, they should contact the Seller for consultation or send a request to the Seller's email address – clever@zti.kz before placing the Order.

5. Order Fulfillment Timeframes

5.1. The timeframe within which the Seller undertakes to fulfill the Order is from one business day. The Order fulfillment timeframe depends on the availability of the ordered items in the Seller's warehouse and the time required to process the Order. In exceptional cases, the Order fulfillment timeframe may be agreed with the Client individually, depending on the characteristics and quantity of the ordered Goods. In the event that part of the Order is not available in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel such Goods from the Client's Order. The Seller undertakes to notify the Client of changes to the composition of their Order by sending a message to the email address provided during registration on the Information Resource, or by providing an additional written note on the receipt upon the Client's direct receipt of the Order.

5.2. The Order shall be deemed fulfilled at the moment the funds are transferred after being processed through the Client's Personal Account.

5.3. The Client shall clarify the cost and delivery terms of the Order on the Seller's Information Resource.

5.4. If the Client provides inaccurate information regarding their contact details or the composition of the Order, the Seller shall not be liable for improper fulfillment of the Order.

6. Payment for the Order

6.1. Payment for the fulfilled Order may, at the Client's option, be made:

  • 6.1.1. By transferring funds to the Seller's bank account; or
  • 6.1.2. By the Client transferring funds online through the electronic payment system using the following payment instruments:
    – payment cards (VISA, EuroCard/MasterCard)

6.2. By taking actions to connect the payment card binding service, the Client confirms their consent:

  • to the storage of information by third parties;
  • to bear full and independent responsibility for the use of the payment card binding service;
  • to bear all risks associated with the possible use by third parties of login, password, answer to a security question, card number, use of automatic authorization, including when forwarding a message received via email and other information.

6.3. When using the online payment service, the Client shall immediately notify the Seller of any case of unauthorized access to the Client's personal data, and of any breach or suspicion of breach of confidentiality. For security purposes, the Client shall independently ensure the safe termination of the online payment service. The Seller shall not be liable for possible data loss or other possible consequences.

6.4. The price for each item of the Goods is displayed on the Information Resource. In the event of a change in the price of the ordered items, the Seller undertakes to notify the Client of such change as soon as possible. The Client has the right to confirm or cancel the Order. If contact with the Client cannot be established, the Order shall be deemed cancelled within 14 (fourteen) calendar days from the date of its placement on the Information Resource.

6.5. Prices for any items of the Goods indicated on the Information Resource may be changed by the Seller unilaterally without notice to the Client.

6.6. The price for any item of the Goods reflects only the cost of the Goods, excluding delivery and transportation services.

6.7. Payment by the Client for the Order placed independently on the Information Resource by any of the methods provided for in clause 6.1 of the Agreement means acceptance of the terms of the Offer. The date of payment for the Order is the date of Acceptance of the Offer between the Seller and the Client.

7. Return of Order

7.1. Electronic Goods and virtual services are non-refundable after they have been purchased by the Client.

7.2. Title to the Order, as well as the risk of its damage, passes to the Client upon transfer of the Goods to the Client.

8. Registration on the Information Resource

8.1. The Client agrees that the use of the online service entails undergoing a registration procedure on the Information Resource, and that letters and messages, including advertising messages, may be sent to their email address, including in an automatic mode.

8.2. The Client agrees that the Seller uses and processes their personal data.

8.3. The Seller uses the information, including:

  • for the performance of its obligations to the Client;
  • for registering the Client on the Information Resource.

8.4. The Seller undertakes not to disclose the information received from the Client. The following shall not be deemed a breach:

  • provision of information by the Seller to third parties acting on the basis of contracts and agreements with the Seller for the performance of obligations to the Client;
  • provision of information in accordance with reasonable and applicable legal requirements.

8.5. The Seller has the right to use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties. The Seller receives information about the IP address of the Site visitor. This information is not used to identify the Client, except in cases of suspected fraudulent activity by the Client.

8.6. The Client is responsible for the accuracy of the personal data transmitted to the Seller.

8.7. The Client is responsible for unauthorized receipt of a password and access to their Personal Account by third parties and ensures the confidentiality of the access data to the Personal Account. The Client is responsible for all actions and consequences of using their Personal Account, including cases of unauthorized access, as well as voluntary transfer by the Client of access data to the Client's Personal Account to third parties. At the same time, all actions performed within or using the Client's Personal Account shall be deemed to have been performed by the Client themselves.

9. Informational Messages

9.1. The Client gives their consent to receive updated information, informational messages with the latest news, new offers, special offers and sale announcements, as well as information about news and offers from the Seller's partners via SMS and email.

9.2. The Client may choose the mailing parameters or unsubscribe.

9.3. The Client gives consent to the recording of telephone conversations to improve the quality of service and to confirm the Client's oral statements, and to the storage of the Client's data solely for the purpose of facilitating future purchases.

9.4. Prices in mailings and advertising do not constitute a public Offer.

10. Miscellaneous

10.9. By this, the Client agrees to the mandatory terms of this Public Offer Agreement.

10.10. In accordance with the terms of this Public Offer Agreement, the Seller has the right to refuse to place an Order for persons who express disagreement with the terms of this Agreement.

10.11. The Seller reserves the right to make changes to this Agreement, and therefore the Client undertakes to regularly monitor changes on the Information Resource.

10.12. All disputes and disagreements that may arise during the performance of this Agreement shall be resolved by the parties through negotiations.

10.13. Compliance with the pre-trial (claim) procedure for resolving disputes arising under the Agreement is mandatory.

10.14. If disputes cannot be resolved through negotiations, the Parties shall resolve all disagreements in court at the Seller's location.