Version No. 2 dated 07.04.2024


TERMS AND CONDITIONS

«Kamallaya-Academy» — «IT BRAIN»


This Contract — offer is an official offer addressed to any individual who agrees to the terms of this public offer by fully and unconditionally accepting it.


The User must familiarize themselves with this document before accepting the offer.


LLP «Consulting IT» («Консалтингтик ақпараттық технологиилар» ЖШС) (BIN: 230840029192), acting since 21.08.2023, hereinafter referred to as the «Operator», expresses its intention to conclude a contract for the provision of paid Services with the User on the terms of the offer (hereinafter — the Contract).


  1. TERMS AND DEFINITIONS

  1. Service — an informational online platform accessible through the website located at https://kamallaya-academy.com (and its subdomains) or other service websites, as well as through a mobile application, providing its users with the ability to choose, distribute, and receive informational services of the Operator.

  2. Mobile Application «IT BRAIN» — a computer program installed on a mobile device that allows access to the Service.

  3. Platform — pages and materials posted on the «GetCourse» service, access to which is possible after registration.

  4. Offer — an offer published on the Service by the Operator to conclude a contract for the provision of services by the Operator, addressed to any legally capable and competent individual who agrees to the terms of the Offer and takes actions to Accept the Offer.

  5. Acceptance of the Offer — the full and unconditional acceptance of the Offer by performing the actions specified in clause 2.2 of the Offer. Acceptance of the Offer is the basis for concluding the Contract.

  6. Operator — LLP «Consulting IT» (BIN: 230840029192); Legal address: Kazakhstan, Almaty city, Turksib district, Zavetnaya street, building 31, index 05001; TIN: 230840029192.

  7. User — an adult individual who has performed actions to Accept the Offer, is a user of the Service, and a recipient of the Operator’s services.

  8. Master — a consultant who directly provides informational services to Users through the Service.

  9. Contract — a contract for the provision of Services concluded between the User and the Operator through the Acceptance of the Offer.

  10. Information Product — a set of services based on a Program formed by the Operator, provided by the Operator by granting the User access to materials and the Program through the internet.

  11. Materials of the Information Product, Materials — all elements of the Information Product, including but not limited to: webinars, masterclasses, trainings (both live broadcasts and their recordings), sound recordings, texts, documents, audio recordings and audiovisual works, presentations, drawings, diagrams, and any other elements, individually or collectively. For the purposes of this Agreement, Materials shall be understood as the materials provided through the Service or third-party services (for example, through the «GetCourse» platform, or directly by the Operator to the User). Materials are objects of intellectual property and are protected by legislation in the field of intellectual property rights and confidential information.

  12. Tariff — conditions regarding the cost and scope of Operator’s Services for individual Information Products. Tariffs are published on the Website.

  13. Service — informational services provided by the Operator under this Agreement for granting access to selected Information Products to Users for a fee as specified in the Tariffs.

2. SUBJECT OF THE AGREEMENT

  1. The Operator provides, and the User receives and undertakes to pay for the services related to the selected Information Product, according to the chosen Tariff.

  2. The User accepts the Offer by:

  1. registering on the Service;

  2. prepaying for the Operator’s services.

By performing these actions, the User expresses their consent to conclude the Agreement and fully and unconditionally accept its terms.

  1. The cost of services for each Information Product is published on the Website and is determined based on the selected tariff.

  2. When providing services, the Operator independently determines the forms and methods of their provision.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Operator has the right to:

3.1.1 Engage third parties to provide the Services.

3.1.2 Unilaterally determine the cost of providing the Services.

3.1.3 Independently determine/change the content, duration, and format of the Program, as well as the content and functional capabilities of the Website.

3.1.4 Collect any information from the User necessary to fulfill its obligations under the Agreement. In case of non-provision, incomplete, or incorrect provision of information, the Operator has the right to suspend access to the Programs under the Agreement until the User provides such information.Conduct surveys and questionnaires of the User, including requesting feedback on the Programs received, and distribute (publish or otherwise disseminate) the results of the survey and feedback received.

3.1.5 To deny the User the re-provision of Services if the User committed violations during the training period as stipulated by the Contract or legislation. In the event that the User, who committed the aforementioned violations, takes actions to Accept the Offer, the Operator has the right to unilaterally refuse to execute the Contract and prohibit the User from accessing the Information Product, including in cases where:

The User failed to comply with payment deadlines and procedures;

The User violated the Operator’s intellectual property rights to intellectual property objects;

The User breached other terms of this agreement.

3.1.6 To refuse the User from receiving services in the event that the User provides knowingly false information about themselves.

3.1.7 To inform the User about innovations in the Operator’s work, changes in the Programs, and other information related to the Operator’s Services by publishing messages on the Website or sending messages to the User’s email address. The User has the right to opt out of receiving such messages.

3.1.8 To unilaterally amend the terms of the Contract by posting a new version of the Contract on the Website.

3.1.9 To unilaterally terminate this Agreement in the event of a material breach by the User of the terms of this Agreement.

3.1.10 In the event of termination of the Agreement by the Operator due to a material breach by the User of the terms of the Agreement, to withhold the funds paid by the User for the Operator’s Services as a penalty for the breaches committed.

3.1.11 To change the access period to the Information Products, with prior notification to the User.

3.1.12 To require the User to fulfil their obligations in good faith.


3.2 The Operator is obliged to:

3.2.1 Organize and ensure the proper provision of Services provided by this Agreement, in accordance with the Program and Tariff chosen by the User.

3.2.2 Provide the User with all necessary materials for the Program and provide informational support to the User regarding matters related to the Information Product.

3.2.3 Provide the User with complete information about available Programs.

3.2.4 Rectify malfunctions or provide alternative access to Materials in case of inability to access the Materials due to technical issues with the Service.

3.2.5 Be responsible for the actions of third parties involved by the Operator in the process of providing services under the Agreement.

3.2.6 Maintain the improvement of the quality and efficiency of the Services provided.

3.2.7 Comply with legislation requirements regarding the processing, transmission, and protection of the User’s personal data.

3.2.8 Show respect for the User’s personality, prevent psychological violence, ensure respect for the User’s human dignity, and protect against all forms of psychological violence and personal insults.


3.3 The User has the right to:

3.3.1 Access the selected Information Product on the terms of this Agreement.

3.3.2 Receive full and accurate information about the assessment of their knowledge, skills, abilities, and competencies, as well as the criteria for this assessment.

3.3.3 Refuse to continue the Program before its completion, provided that the User reimburses the Operator for the actual training expenses incurred by the Operator before the User’s withdrawal date and pays a penalty if applicable. The refusal to continue the Program is made by the User by sending a written notification to the Operator. Refusal to continue the Program results in the termination of the Agreement. Refusal after completing the Program or the expiration of the Training Period is not permitted.

3.3.4 Demand that the Operator comply with the terms of the Agreement.


The User is obligated to:

3.4.1 Pay for the Operator’s services in full and in accordance with the terms provided in the Agreement.

3.4.2 Diligently master the Program, follow the study plan, including attending the sessions specified by the Program, engage in self-preparation for sessions, and complete tasks assigned within the Program in a timely manner.

3.4.3 Comply with the Operator’s requirements regarding the organization and implementation of the Program learning process.

3.4.4 Respect the honor and dignity of other Participants, employees, and representatives of the Operator involved in implementing the Programs, and not create obstacles for other Participants to acquire skills and competencies.

— Complete assignments and review materials related to the selected Information 3.4.5 Product within the specified timeframe outlined in the Information Product description. Upon expiration of this period, the Agreement terminates, and the User forfeits the right to receive Operator’s Services and the refund of any paid fees.

3.4.6 Undergo the Final Assessment within the timelines established by the Operator if such assessment is included in the Program.

3.4.7 The User assures the Operator that they have no significant misconceptions regarding the Agreement, particularly concerning its essential terms, the content of the Information Products, and Programs. Additionally, the Operator is not liable for the impact the Information Product may have on the User (Participant), including their understanding of its content, reaction to its content, actions taken by the User after completing the stages of the Information Product, as well as any other changes in the

User’s behavior.


4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1 The cost of services provided by the Operator under this Agreement is determined by the Operator and is published on the Service. It varies depending on the specific Information Product and the Tariff chosen by the User.

4.2 Payment for the Operator’s services is made through the online payment system and internet acquiring «Prodamus,» operated by LLP «Prodamus-Kazakhstan» (BIN 220340010855; more information available on the payment system’s website: https://prodamus.kz/oferta), as well as through the online payment system «Meleton,» operated by Meleton Corporation.

4.3 The User is not allowed to participate in the Information Product until payment for the Operator’s services is made.

4.4 Upon payment, the User is granted access to the selected Information Product. The User has the right to use the Materials of the Information Product throughout the entire duration of the Information Product.

4.5 The Operator reserves the right to offer discounts on its services. Information regarding the terms of discounts is published by the Operator on the Service.

4.6 In case of termination of the Agreement (cancellation of the contract), a refund of the payment made by the User may be issued under the following conditions:

4.6.1 The Parties agree that the Operator begins providing services immediately after granting the User access to the materials of the selected Information Product (which is provided after the User makes the payment). From the moment the term of the Information Product ends, the services are considered fully provided by the Operator. Therefore, the User has the right to request a refund of the payment made to the Operator no later than the end of the Information Product term.

4.6.2 The User has the right to refuse the Information Product and receive from the Operator 90% (ninety percent) of the total cost of the paid services before the completion of the Information Product term and the closure of access to it.

4.6.3 To request a refund of the funds paid to the Operator, the User must send a corresponding request to the Operator via email. Upon receiving the request, the Operator will provide the User with a Refund Application form, which the User must fill out, sign, and return to the Operator. The Operator will review the User’s request for a refund of the funds within 15 (fifteen) calendar days from the date of receiving the correctly completed application and necessary documents. If the User is entitled to a refund of the payment for the Operator’s services, the Operator will transfer the funds to the User within 15 (fifteen) calendar days from the date of receiving the correctly completed refund documents.


5. SERVICE DELIVERY PROCEDURE
5.1 The Operator provides services using remote technologies by granting the User access to the Materials of the Information Product through the Service, third-party services (for example, through the «GetCourse» platform), or directly by the Operator.


5.2 The User agrees and acknowledges that actions taken using their login and password are considered to be taken on their behalf and have legal consequences.


5.3 The Operator provides services to the User during the term of the selected Information Product. The terms are determined by the conditions of the Information Product and are published on the Service. The moment of commencement of the Operator’s services is the date when the User is granted access to the materials of the Information Product.


5.4 The User’s inability to study the Materials or participate in the events of the Information Product for any reason does not entitle the User to demand an extension of the term of the Information Product or the conduct of additional events for the User.


5.5 The Operator’s obligations under this Agreement are deemed to be duly fulfilled and in full upon the expiration of the term of the Information Product.


6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

6.1 Within the access to the Information Product, the User is granted access to the intellectual property of the Operator and third parties, whereby the User is obliged to:

6.1.1 Not undertake any actions that violate the rights of the Operator or third parties to the results of intellectual activity, in particular, not to copy, record, reproduce, process, distribute, or otherwise use any Materials of the Information Product without the written permission of the Operator;

6.1.2 Inform the Operator about any known facts of infringement of the intellectual rights of the Operator;

6.1.3 Not transfer access to the materials or the Materials themselves (in whole or in part) of the Information Product to third parties, and not allow third parties to access the Materials or Information Product (including not disclosing login and password access to the Platform).

6.2 During the training, the User may create materials that are the intellectual property of the Users (hereinafter - User Materials).

6.3 Copyrights, including the exclusive right to User Materials, belong to the User.

6.4 The User grants the Operator the right to use User Materials created within the Information Product, on the terms of a simple (non-exclusive) license worldwide and for a term of 5 years by the following methods:

Distribution, reproduction in whole or in any fragments;

Processing;

Making publicly available, including by posting on the Service or on other Operator's websites.

6.5 The User guarantees that they have sufficient rights to fulfill the obligation provided for in clause 6.4. of the Agreement, and in case third parties were involved in creating User Materials, the User has entered into appropriate agreements with such parties, the terms of which allow the User to use these User Materials without encumbrances and restrictions, including using them without specifying information about the author.

6.6 Violation of intellectual property rights and restrictions provided for in this section of the Agreement shall entail liability as established by the Agreement and the legislation of the Republic of Kazakhstan.



7. BASIS AND CONDITIONS FOR AMENDMENT AND TERMINATION OF THE AGREEMENT

7.1 The terms on which the Agreement is concluded may be amended by mutual agreement of the parties, unilaterally in cases provided for by this Agreement or by the applicable legislation of the Republic of Kazakhstan.

7.2 The Agreement may be terminated by mutual agreement of the Parties.

7.3 The Agreement may be terminated at the initiative of one of the Parties based on the grounds provided for by this Agreement and the applicable legislation of the Republic of Kazakhstan.

7.4 The Agreement shall be considered terminated from the date of receipt of a written notice of termination of the Agreement. Notice of termination may be sent:

  • By the User to the Operator - to the email address;
  • By the Operator to the User - to the email address of the User.

8. RESPONSIBILITY OF THE PARTIES

8.1 In the event of non-performance or improper performance of the obligations by the Parties under the Agreement, they shall bear the responsibility as stipulated in this Agreement and the legislation of the Republic of Kazakhstan.

8.2 For the violation by the User / Learner of the rights and obligations established in the section "INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY" of the Agreement (clauses 6.1. - 6.6. of the Agreement), the User shall pay the Operator a penalty in the amount of three times the cost paid by the User.

8.3 In case of the Learner's failure to fulfill their obligations to timely pay for the services of the Operator, as provided for in this Agreement, and upon detection by the Operator of the fact of non-payment, the Operator has the right to suspend the provision of Services until payment by the User.


9. TERM OF AGREEMENT

9.1 This Agreement enters into force upon the User's acceptance of this Public Offer and is valid for 12 (twelve) months.

9.2 The Operator reserves the right to make changes to this Agreement at any time at its discretion. Such changes come into force from the moment of posting the amended text of the Agreement unless otherwise specified in the publication text.

 


10. BANK DETAILS

Operator:

Bank details:

LLP "Consulting IT" («Консалтингтик ақпараттық технологиилар» ЖШС)

Legal address: Kazakhstan, Almaty city, Turksib district, Zavetnaya street, building 31, postal code 050011

Account number:
KZ808562203232304514

Bank CenterCredit

BIK KCJBKZKX
BIN 230840029192