PUBLIC OFFER
Regarding the Conclusion of a Contract for Paid Provision of Services
The Sole Proprietor (business name - AlgoRithm369.space), acting based on the notification of the commencement of activity as a sole proprietor № KZ58UWQ03942196 dated 13.09.2022 and in accordance with the legislation of the Republic of Kazakhstan, hereinafter referred to as the "Executor", addresses this contract for the paid provision of services (hereinafter referred to as the "Contract") to any physical person who is legally competent according to applicable law and has expressed willingness to enter into this Contract under the terms and conditions stated below.
In accordance with articles 389, 395, 396, and 447 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of RK), this Contract is a public offer, and if a physical person accepts the terms of the Contract and performs the actions provided for by this Contract, said person, by accepting this offer, joins this Offer and becomes a "User".
In light of the above, please read the text of this Contract carefully. If you do not agree with any clause of the Contract, the Executor invites you to decline entering into this Contract.
Terms and Definitions In the text of this Contract, the following terms are used in the meanings given below:
Author – a citizen of the Republic of Kazakhstan who, through their creative labor, has created an author's Online Course consisting of 4 stages, mentorship of Kuanysh, and a Master Class - Sole Proprietor - AlgoRithm369.space, hereafter referred to as the Author and the Executor, within the framework of this Contract will be considered as the same person.
Acceptance of the Offer or Acceptance – the complete and unconditional acceptance by the User of all the terms of the Offer by performing the actions specified in article 3 of this Contract.
Internet – a global system of interconnected telecommunications networks and computing resources for transmitting electronic informational resources.
Information Security Incident – individually or serially occurring failures in the operation of the Site or its individual objects, creating a threat to their proper functioning and/or conditions for the illegal obtaining, copying, distribution, modification, destruction, or blocking of electronic informational resources of the Executor.
Exclusive Right – the proprietary right of the author to carry out, allow, and prohibit the use of the work and/or related rights object in any way during the term established, within the framework of this Contract, the Online Course(s), Site, and other results of intellectual activity of the Executor are considered as works.
Executor - The Individual Entrepreneur (business name - AlgoRithm369.space), acting based on the notification of the commencement of activity as a sole proprietor № KZ58UWQ03942196 from 13.09.2022, address: Kazakhstan, Almaty, Egizbaeva 54\13 office 6, Phone: +77053778623, E-mail: algorihtm369@gmail.com, who has posted this Offer.
Confidential Information – information that includes data about hardware and software, screens, technical specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, methods, processes, procedures, online courses, video lessons, master classes, and webinars, improvements, "know-how", configurations, marketing techniques, trade plans, as well as about plans, technical and commercial information, materials in oral, demonstrative, written, graphic, or machine-readable form, which has not been published and is not accessible to the general public and/or trade, and which is maintained as confidential and official information for the disclosing party.
Personal Account – a set of special protected pages of the Executor's Site or on the Platform, created to provide the User with access to the Online Course(s) available upon entering the User's authentication data.
Online Course or Course – an author's series of educational lessons (including video lessons), through the use of remote electronic means, placed on the Platform or on the Site, depending on the form of payment (Courses available from 1 to 3 stages) or Individual form of training (available for the 4th stage course, Kuanysh's mentorship, and the Master group). The User independently chooses the Online Course depending on the stages of training, which are listed on the Site or Platform. It is implied that from the first (1st) to the third (3rd) stage, the User independently undergoes training by listening to and studying the materials (including video materials) available to the User in his Personal Account. During the Course, the Executor provides the User with:
- A unique link for entry into the Personal Account, sent to the User's email address specified during the account registration (available for 1-3 stages);
- Access to view the video lessons of the Online Course, access to informational materials in the form of presentations and/or text materials in electronic form (if provided by the Executor) (available for 1-3 stages);
- Individual form of training for the 4th stage Course, Master group, and Kuanysh's mentorship (online/offline by agreement with the User), provides support in the User's trading, consultations on the development of an individual trading plan. Training for the 4th stage Course or Master group is conducted by the course Author (or a designated expert) (available only for the 4th stage). Training in Kuanysh's mentorship is conducted by a designated expert. Special conditions for the User's admission to training for the 4th stage Course or Master group, or Kuanysh's mentorship: The User must undergo training for the 1-3 stage Online Courses, and pass the testing provided by the Executor, based on which the Executor has the right to deny the User the provision of the Course for the 4th stage or Master group, or Kuanysh's mentorship.
- Technical support, available to the User by email: algorihtm369@gmail.com or phone: +77053778623
Offer – this Contract, posted on the Internet at the address:
https://algorithm369.com/. According to the Contract, the words offer and Contract are equivalent.
Personal Data – information relating to a specific or identifiable person based on such information, recorded on an electronic, paper, and/or other material carrier.
Platform – an Internet resource in the form of an educational online platform with full functionality for conducting remote training, displayed in textual, graphic, audiovisual, or other form, placed on a hardware-software complex, having a unique network address and/or domain name, and functioning on the Internet, which is located at the address:
https://antitreningi.ru/. Hereby, the User understands and agrees that the owner of the Platform is a third party, with which the Executor has concluded the corresponding civil contract and has the right to use the Platform for conducting remote training for the User. When registering an Account on the Platform, the User automatically takes on the obligations established by the relevant rules of the Platform.
User - a physical person who is legally competent according to applicable legislation and has made an Acceptance of this Offer.
Site – an electronic informational Internet resource, owned by the Executor, containing functionality for conducting remote training, displayed in textual, graphic, audiovisual, or other form, placed on a hardware-software complex, having a unique network address and/or domain name, and functioning on the Internet, which is located at the address:
https://algorithm369.com/. All exclusive rights to the Site and its content belong to the Executor.
Parties – the parties to the Contract are jointly the Executor and the User.
Tariff – the cost of the Online Course of the corresponding stage, published on the Executor's Site at the following address:
https://algorithm369.com/.
Account – an electronic registry record, stored on the Site or Platform a set of user data necessary for his identification (authentication) and providing access to his personal data and settings.
Services – the totality of all services provided under the Contract, including providing the User with access to the Personal Account on the Site or Platform (from 1 to 3 stages), conducting individual form of training for the User for the 4th stage Course or Master group, or Kuanysh's mentorship.
Terms not defined by the aforementioned concepts are used in the Contract. In this case, the interpretation of such a term is made in accordance with the text of the Contract. In the absence of a clear interpretation of the term in the text of the Contract, the Parties are guided by the interpretation of the term: primarily defined on the Site.
Except when otherwise specifically indicated or obvious:
- words in any gender imply the same words in any other gender; words in the singular also imply the same words in the plural, and vice versa, and words implying a whole also imply references to any part of such a whole;
- references to legislative acts, legal norms, and applicable legislation extend to the corresponding norms taking into account any possible amendments, changes, consolidation, or adoption in a new edition;
- the headings of sections, paragraphs, and appendices are intended exclusively for convenience of use and do not affect the interpretation of the Contract.
1. Subject of the Contract 1.1. In accordance with this Offer, the Executor undertakes to provide the User with Services, provided that the User makes payment, in accordance with the terms of the Contract, and registers an Account on the Site and/or Platform by filling in his personal data. 1.2. The Services are aimed at satisfying the User's needs in obtaining educational information with the possibility of further practical application. 1.3. After registering the Account and making the payment, the User gains access to the Personal Account on the Site or Platform (depending on the form of payment). 1.4. The content of the Online Course, its stages, the cost, and other significant information about the Services are published on the Executor's Site in the section:
https://algorithm369.com/. 1.5. This Offer defines all the essential terms regarding the provision of Services by the Executor to the User who has accepted the Offer in accordance with article 3 of this Contract. 1.6. By this Offer, the User is informed that the result of acquiring new knowledge depends not only on the Online Courses of the Executor but also on the efforts applied and the high level of self-discipline of the User. 1.7. According to article 396 of the Civil Code of RK, Acceptance of the Offer is equivalent to concluding the Contract under the terms stated in the Offer and is equivalent to a Contract signed in person. 1.8. When using the Site and the Platform, the User is prohibited from any actions aimed at gaining unauthorized access to the server resources and information of the Executor, third parties, personal accounts, and other data of other Users, as well as any other data that have restricted (limited) access on the Site, Platform.
2. Procedure for Conclusion of the Contract 2.1. Acceptance of this Contract by the User is recognized as the User's complete unconditional and irrevocable agreement with the terms of the Contract, after performing the action of creating an Account and/or making a payment for the selected Course by the User in accordance with the terms of the Contract. It is considered that the User has familiarized himself with the terms of the Offer before creating an Account and/or making a payment. 2.2. According to article 389 of the Civil Code of RK, the User joins the Offer and accepts the terms of the Contract only by joining the proposed Contract as a whole, without any modifications, additions, exceptions, and/or reservations. The public offer is considered accepted by the User in the proper form from the moment specified in p. 3.1. of the Contract. 2.3. This Offer is an official document and is published on the Executor's Site. The Offer takes effect from the moment of its publication on the Executor's Site and is valid until the Offer is revoked by the Executor or changes are made to the Offer. 2.4. The Executor has the right to unilaterally and extrajudicially change the terms of this Contract and make additions to the Contract or revoke the Contract at any time without prior agreement with the User. In case of changes in the Contract, such changes take effect from the moment of publishing the new edition of the Contract on the Site, unless another effective date of the changes is specified additionally when published. 2.5. The User, intending to conclude this Contract and receive Services, registers an Account and fills in his personal data. The User is responsible for the content and authenticity of the information provided during the registration of his Account. 2.6. The Executor is not responsible for the content and authenticity of the information provided by the User during the registration of the Account, in case the Executor incurs any losses due to unreliable information provided by the User during registration, the User is obliged to reimburse such losses in full within the terms set by the Executor in the corresponding claim. In this case, the Executor has the right to refuse to perform the terms of the Offer unilaterally and extrajudicially by blocking access to the Personal Account, in this case, a refund for the Services is not made. 2.7. When concluding the Contract, the User selects Online Courses according to the Tariffs specified on the Site.
3. Procedure for Provision of Services 3.1. Access to the Personal Account is provided to the User within 24 hours from the moment of receipt of payment to the Executor's bank account, and provided that the User has registered an Account on the Site or Platform. Notification of access being opened is sent automatically to the User's email address specified during the registration of the Account, and contains a password for the User to authenticate after the User's authorization in the Personal Account, the User then gains access to the Online Course.
**3.2.** Notification of access to the Personal Account is considered received by the User at the moment of sending the notification to the User's email address, unless the User informs the Executor otherwise within -6 (six) hours from the expiry of the term specified in p. 4.1 of the Contract. Messages about not receiving access are sent by the User to the Executor's technical support email, or by sending the corresponding message in the Personal Account. If no message about not receiving access is received from the User within the specified time, it will be considered that the User has received access, and the Service has been fully provided by the Executor.
**3.3.** The moment of providing the Service of granting access to the Online Course from stages 1 to 3 is considered the date and time when the User receives access to the Personal Account in the order specified in p. 4.1 of the Contract. The User is hereby notified that access to the Personal Account is granted to them for 12 (twelve) months, after which period access to the Personal Account for the User is automatically blocked, after which the User will not be able to access the Courses. At the individual request of the User, the period of access to the Personal Account may be extended by the Executor for a period agreed by the Parties.
**3.4.** The moment of providing the Service of conducting training under Kuanysh's mentorship is considered the date and time of completion of the last stage of Kuanysh's mentorship. The duration of the mentorship training is 60 (sixty) calendar days. The date of commencement of the mentorship is determined by agreement between the Parties. The format of the training is determined by agreement between the Parties.
**3.5.** The moment of providing the Service of conducting the Master Group training is considered the date and time of completion of the last stage of the Master Group. The duration of the Master Group training is 180 (one hundred eighty) calendar days. The date of commencement of the Master Group is determined by agreement between the Parties. The format of the training is determined by agreement between the Parties.
**3.6.** The moment of providing the Service of conducting the 4th stage Course training is considered the date and time of completion of the last stage of the 4th stage Course. The duration of the 4th stage Course training is 360 (three hundred sixty) calendar days. The date of commencement of the 4th stage Course is determined by agreement between the Parties. The format of the training is determined by agreement between the Parties.
**4. Rights and Obligations of the Parties**
**4.1. Rights and Obligations of the Executor:**
4.1.1. The Executor undertakes to provide the Services to the User, by granting the User access to the Personal Account within the terms and conditions specified in Article 4 of the Contract.
4.1.2. Within 24 hours from the receipt of the corresponding written notification from the User, the Executor undertakes to eliminate any deficiencies (malfunctions) identified by the User in the operation of the Site or Platform if such deficiencies (malfunctions) have occurred for reasons dependent on the Executor.
4.1.3. It is assumed that the Executor provides the User with the right to use the Personal Account 24/7, except for the time of maintenance work, which does not exceed 3 hours per month. The Executor hereby informs the User, and the latter agrees, that they are aware that for access to and use of the Personal Account, the User must have Internet access, which is provided at the User's expense, and under no circumstances is the Executor responsible for the lack of Internet access at the User.
4.1.4. The Executor undertakes to use all personal data of the User only for the purposes of providing services under the Contract, not to transfer to third parties the information about the User in its possession, except for third parties who act in relation to the Executor as partners, accountants, lawyers, auditors, other consultants to whom this information is necessary to provide the corresponding services to the Executor for the normal functioning of the Site and providing Services.
4.1.5. The Executor has the right to provide the User with additional services not specified on the Site; such services are provided at the discretion of the Executor after receiving the corresponding request from the User, the cost of such services is determined by the Executor independently.
4.1.6. The Executor has the right to suspend, terminate registration, access to the Personal Account if it reasonably believes that the User uses the Personal Account/ has accessed the Personal Account unlawfully, with violations of the terms of the Contract, or by creating an information security incident.
4.1.7. The Executor has the right to summarize and analyze the data obtained about the User's work in the Personal Account and about specific actions of the User on the terms of confidentiality and anonymity for statistical and
marketing purposes.
4.1.8. The Executor has the right:
not to provide access to the User in the Personal Account in the absence of payment for the Online Course;
block access to the User in the Personal Account, if for any reasons not dependent on the Executor, the payment was canceled by the User or a third party on behalf of the User;
block access to the User in the Personal Account, in case of failure to provide or providing unreliable information about the personal data of the User and/or withdrawal of the User's consent to the collection, processing, and storage of his personal data at the Executor, as well as in other cases established by this Contract.
4.1.9. The Executor has the right to unilaterally and extrajudicially make changes to the Contract, Tariffs, and other documents regulating the procedure for using the Personal Account, by issuing new editions of the above documents and posting them on the Site, as well as the right to change, supplement, exclude, create new Courses.
4.1.10. The Executor has the right to post reviews and results that the User achieved after completing the Courses about the quality of the Executor's Services on the Executor's Site, as well as in its advertising materials.
4.1.11. The Executor has the right to provide Services under this Contract by involving third parties.
4.1.12. In the event that the commencement of the provision of Services for the 4th stage course or Kuanysh's mentorship, or the Master group within the established deadlines is not possible for the Executor due to reasons not dependent on the Executor (health problems, technical malfunctions on the Site, Platform), the Executor notifies the User of this. In this situation, the start date for the provision of services for conducting the Online Course of the 4th stage or Kuanysh's mentorship, or the Master group is agreed by the parties additionally.
4.1.13. The Executor is not responsible for failures occurring in the telecommunications and energy networks or failures of the equipment ensuring the functioning of the Site; actions of malicious programs that have caused cessation or suspension of the operation of the Internet network both generally and in individual segments of the network involved in the execution of this Contract; for unlawful actions of third parties aimed at unauthorized access and (or) disabling the Site, Platform.
**4.2. Rights and Obligations of the User:**
4.2.1. The User must independently configure and ensure the connection of their personal computer (laptop or other gadget) to the Internet network to perform all activities related to the registration of the Account and undergo distance learning by using educational materials placed in the Personal Account.
4.2.2. The User must ensure that the available demonstration fragments of video recordings located in the Personal Account are reproduced with proper video and sound quality;
4.2.3. The User declares and guarantees that they have the necessary skills and technical ability for independent study in the Online Course (from 1 to 3 stages) by studying educational materials placed in the Personal Account;
4.2.4. The User undertakes to make payment for the Services in accordance with the Tariffs established by the Executor on the Site at the time of payment.
4.2.5. When registering and creating an Account, the User undertakes to provide true information corresponding to reality.
The User does not have the right to copy in any form, as well as to modify, supplement, distribute (including public demonstration of Online Courses, auxiliary materials, any part of them), and undertakes not to create based on Online Courses (derivative objects) without the prior written permission of the Executor. All exclusive rights to the Online Courses (including: auxiliary and methodological materials) are inalienable and remain with the Executor in full. In addition to this paragraph, the provisions on the rights to intellectual property objects specified in Article 6 of the Contract also apply, which the User must also fully comply with. In case of violation of this paragraph, the Executor has the right to apply to the User penalties for violations of the terms of the Contract (including violation of the Author's Exclusive Rights) in accordance with the terms of this Contract, as well as to block the User's access to the Personal Account without any warning and explanation of the reasons. The User undertakes not to use any equipment and/or computer programs to interfere or attempt to interfere with the normal functioning of the Site, Platform.
The User undertakes to immediately inform the Executor about all known facts of unlawful use of the Personal Account.
Capacity and age restrictions: The User has the right to receive Services only if they have acquired legal capacity in accordance with applicable legislation. The User hereby confirms that they are capable and have the right to conclude this Contract. If, at the time of Acceptance of this Contract, the User has not reached adulthood according to the legislation of their location, the User confirms that they have obtained permission from their parents or other legal guardians to conclude this Contract in the form established by law
. The Executor has the right to request such consent at any time, which the User must provide within no later than 1 (one) working day, in case of failure to provide or refusal to provide such consent, the Executor has the right to deny the User the provision of the Service, including blocking access to the Personal Account (if it has been provided).
4.2.6. The User undertakes to fulfill other obligations provided for by the Contract and the current legislation of the Republic of Kazakhstan.
**5. Tariffs and Payment Procedure**
5.1. The tariffs for the Courses are set by the Executor and are posted on the Site. The Executor has the right unilaterally, without prior notification to the User, to change the Tariffs for the Services, while the new Tariffs are posted on the Site. New (changed) Tariffs do not apply to Services already paid for by the User. New Tariffs come into force from the moment of their publication on the Site.
5.2. Payment for the Executor's Services under this Contract is made by the User on the terms of 100% (one hundred percent) prepayment.
5.3. Payment is made by transferring funds to the Executor's bank account through partner banks or through online acquiring (payment systems), information about which is available on the Site. The conditions and procedure for making payments through payment systems are regulated by internal rules, contracts between the User and the payment system.
5.4. For Users who are citizens of the Republic of Kazakhstan and the Russian Federation, an installment payment may be provided, which is granted by the Executor's partner banks. The conditions and procedure for granting such an installment are regulated by internal rules, contracts between the User and partner banks. After the User receives an installment from the partner bank and the Executor provides them access to the Personal Account in accordance with p. 4.2 of the Contract, they do not have the right to demand a refund from the partner bank, as it will be considered that the Service has been fully provided by the Executor.
5.5 The User undertakes to make payment no later than 1 (one) working day from the date of the Executor issuing an invoice for payment. The payment date is considered the date of receipt of funds on the Executor's account.
5.6. If payment from the User is received in an amount less than the Tariff for the corresponding Course or Kuanysh's mentorship, or the Master group, the contract is considered not concluded. If payment is received in an amount greater than the Tariff for the corresponding Course or Kuanysh's mentorship, or the Master group, then the Contract is considered concluded, while the amount exceeding the Tariff is returned to the User's bank account within 10 (ten) working days from the date of receipt of a written request from the User.
5.7. According to paragraph 2 of Article 685 of the Civil Code of RK, in the event of impossibility to provide the Service due to the fault of the User, payment for the Services is non-refundable.
**6. Copyright on Intellectual Property Objects**
6.1. Copyrights on intellectual property objects created by the Author are regulated by the legislative norms of RK, as well as international norms, including: the Civil Code of the Republic of Kazakhstan, the Law of RK "On Copyright and Related Rights", the World Copyright Convention.
6.2. Copyright and exclusive rights to intellectual property objects (hereinafter referred to as IPO) belong to the Author including, but not limited to: the Site (its components) and its content, content posted by the Executor on other Internet resources (including social networks): educational video materials, methodological materials, software, systems, codes, site content, designs, business models/processes, trademarks, and other intellectual property objects, which are protected by legislation on trademarks, service marks; about copyright and related rights. The Author – a citizen of the Republic of Kazakhstan, who through their creative labor has created an author's Online Course consisting of 4 stages, Kuanysh's mentorship, and the Master group. Such rights as the right of authorship, the right to protect IPO, arise at the moment of creation of IPO and are valid indefinitely.
6.3. The User is granted the right to use IPO in the amount and order established by the Contract only within the framework of personal training.
6.4. The User does not have the right to use the content of the Site, Platform, as well as content posted by the Executor on other Internet resources (including social networks) for commercial purposes without the written permission of the Executor. The User is notified that for any violation of copyright: appropriation of the right to name, authorship rights, processing of the training Course is provided civil and criminal liability.
6.5. The User is prohibited from:
6.5.1. copying, reproducing, framing, uploading, transmitting, broadcasting, displaying, modifying, distributing, republishing, and/or
selling any IPO, exclusive rights to which belong to the Executor;
6.5.2. using data mining, interface data analysis, robots, or any similar data collection methods;
6.5.3. any processing of the Courses, video and audio recordings of the online course, translation of it into foreign languages, processing into a computer program, as well as other ways of creating new results of intellectual activity based on the author's course;
6.5.4. performing other actions that may result in violations of the copyright and exclusive rights to IPO belonging to the Executor.
6.6. The User is notified that for violating copyright rights, in addition to criminal and administrative liability provided by the legislation of RK, Article 49 of the Law of RK "On Copyright and Related Rights" provides the right of the Author (right holder) to receive (collect) from the violator at the choice of the Author:
6.6.1. Compensation for losses, including lost profits;
6.6.2. collection of income received by the violator as a result of the violation of copyright and (or) related rights;
6.6.3. payment of compensation in the amount from one hundred to fifteen thousand monthly calculation indices, determined at the discretion of the court, or twice the cost of copies of the work or twice the cost of the right to use the work, determined based on the price, which is usually charged under comparable circumstances for lawful use of the work. The amount of compensation is determined by the court instead of compensating for losses or collecting income.
6.7. The User is notified that the Author, in case of detection in information and telecommunication networks, including the "Internet" network, objects of copyright and (or) related rights belonging to the Author and distributed without his permission or other legal basis, has the right to apply to the authorized state bodies carrying out functions of control and supervision in the field of mass media, mass communications, information technologies, and communication, with a statement on taking measures to restrict access to information resources distributing such objects or information, including a program for electronic computers, through which access is provided in information and telecommunication networks, including the "Internet" network, to objects of copyright and (or) related rights or to information necessary for their obtaining using information and telecommunication networks (hereinafter in this article - software application).
6.8. The User is notified that according to Article 198 of the Criminal Code of the Republic of Kazakhstan (hereinafter - the Criminal Code of RK) criminal liability is established for violation of copyright and (or) related rights.
6.9. Exclusive rights to the Courses belong to the Author. The exclusive right to the Courses is valid from the moment of creation of the corresponding Course, during the entire life of the author, and 70 years after the death of the Author, in accordance with the legislation of the Republic of Kazakhstan and international norms.
6.10. The use of the Platform by the User during the study of the Courses, its content and components (both as a whole and fragmentarily) and other technical solutions developed by the Executor or a third party does not imply the transfer (alienation) to the User and/or any third party of the rights to the results of the intellectual activity of the Author (or third parties who are owners of exclusive rights to the Platform), either as a whole or in part.
6.11. The User undertakes to comply with other restrictions established by the Contract, Site, Platform.
**7. Liability of the Parties**
7.1. The Parties are liable in accordance with the terms of this Contract and in accordance with the norms of the legislation of the Republic of Kazakhstan.
7.2. The Executor is not responsible for the non-compliance of the provided Service with the User's expectations based on their subjective assessment of the Courses. Non-compliance with expectations and/or negative subjective assessment are not grounds to consider the Services as rendered poorly or not in the agreed volume. Also, opinions of third parties, different from the opinion of the Executor (its employees and/or partners), are not such grounds.
7.3. The Executor is not responsible for technical malfunctions in the operation of the Site, Platform, which occurred for reasons not dependent on the Executor. The Executor undertakes to make all reasonable efforts to prevent failures and malfunctions in the operation of the Site, Platform, however, does not guarantee their uninterrupted operation, and is not obliged to notify the User of such interruptions in operation.
7.4. The Personal Account on the Site, on the Platform is provided for the User's use "as is" and "as available", without any representations, warranties, and/or commitments of any kind regarding the availability, performance, accuracy, or completeness of its components, or the content of any of them. The Executor does not guarantee that the use and availability of the Site/Platform will be uninterrupted or error-free.
7.5. The total liability of the Executor under the Contract in respect of any claim or claim from
the User is limited to an amount equal to the Tariff for the Course paid by the User under this Contract.
7.6. The Executor is not responsible for any actions of the User related to the use of the provided rights to use the Site/Platform, as well as for any damage of any kind suffered by the User due to the loss and/or disclosure of their data during the use of the Site/Platform (for reasons not dependent on the Executor, including, but not limited to: the use of malicious programs, negligence of the User himself for other reasons).
7.7. The Executor is not responsible and does not compensate the User's losses caused by violations and/or errors in the use of the Site/Platform, which occurred as a result of unlawful actions of the User and/or his authorized persons and/or third parties.
7.8. In case any third party makes a claim against the Executor in connection with the violation by the User of the Contract or legislation, including the violation by the User of the rights of third parties, the User undertakes to pay at his own expense or compensate the Executor for all expenses and losses, including paying any compensation and other costs associated with such claims.
7.9. The User is responsible for the non-compliance of the information specified by him when registering his Account and realizes the entire risk of adverse consequences associated with its incorrect indication. The Executor does not verify the authenticity of the personal data provided by the User.
7.10. The User is responsible for posting on the Site, Platform, in chats, messengers, or social networks IPOs, which according to the current legislation of the Republic of Kazakhstan are provided with legal protection. In case of claims against the Executor related to the mentioned objects, the User must independently and at his own expense resolve them. In the event that any legal claims are made against the Executor, and the Executor incurs losses in connection with this, the User is obliged to reimburse such losses within 10 (ten) working days from the moment of presentation of the corresponding claim by the Executor.
7.11. When providing services, as well as in other cases when the User has access to a group chat and/or video conference, which may be created by the Executor for conducting webinars and other online events for several users simultaneously, the User is prohibited from performing any actions (including by posting information, messages, files, videos, etc.):
for the purpose of distributing unwanted information (spam, flood, abuse of text transfer, writing repetitive messages, etc.);
without the consent of a natural person and containing his personal data (home addresses, phones, passport data, etc.)
containing advertising, commercial offers, campaigning and any other intrusive information (except in cases permitted by the Executor);
insulting or demeaning the honor and dignity of other users or the Executor (its representatives);
containing obscene, vulgar and offensive words and phrases;
of a pornographic or erotic nature;
with elements of cruelty, racial, interethnic or interreligious discord, gender discrimination;
propagandizing, demonstrating, containing Nazi, extremist, or other attributed to them attributes, symbols, names, and other similar symbols or objects;
containing threats, as well as calls for violence and committing other unlawful acts;
containing propaganda, advertising, other actions, encouraging the use or distribution of narcotic substances
7.12. In case of violation by the User of p. 5.2.6, Article 7 of the Contract, the Executor has the right to issue, and the User is obliged to pay compensation within the limits established by Article 49 of the Law of RK "On Copyright and Related Rights" for each detected case of violation.
7.13. In case of violation by the User of the terms of this Contract, the Executor has the right to demand compensation for the incurred losses, moreover, at any time to block the User's access to the Personal Account without compensating the User for any losses, and without returning payments for the Services.
7.14. In case of non-fulfillment and/or improper fulfillment by the User of financial obligations to pay for the Executor's Services, the Executor has the right to demand, and the User is obliged to pay a penalty in the amount of 0.5% of the cost of the Services for each calendar day of delay in fulfilling the obligations. The provisions of this paragraph apply in cases when the Executor, at its discretion, has provided the User with the right to installment payment.
7.15. In case of violation by the User of any of the essential obligations provided for by the Contract, the Executor has the right to block the User's access to the Personal Account and/or refuse to conduct Individual form of training, in this case, the paid funds are not returned (if the service at the time of closing access was not provided in full) and are considered as compensation withheld by the Executor in a unilateral extrajudicial procedure, and if the Service has been provided, then in addition to the above actions, the Executor has the right to demand from the User compensation for the losses incurred in full. 7.16. The Parties are exempted from liability for non-performance or improper performance of obligations under the contract during the period of force majeure (force majeure circumstances).