Terms of use | TrustMe

«DauInvest» Limited Liability Partnership (hereinafter - «Company» or «Administration» or «TrustMe») publishes the present Subscription Agreement on the terms of use of TrustMe services (hereinafter - «Agreement»).
This Agreement is a public offer under the Civil Code of the Republic of Kazakhstan. When accessing the Site, Services, the User is deemed to have joined and accepted all the terms of this Agreement. The Agreement regulates access to and use of the Services.
This Agreement, the Policy for the Collection and Processing of Personal Data, and the Policy for Permissible Use together constitute this Agreement or are collectively referred to as the Regulation.
By clicking «I agree» and (or) using the services of the Company, you accept the terms of this Agreement, accordingly you agree to the terms of this Agreement and become a User.
If the use of the Services under this Agreement is carried out by an organization, you conclude this Agreement on behalf of that organization. In order to bind your organization to the terms and conditions of the Agreement, you must have the appropriate authority or you must not register to use the Services.

1. TERMS AND DEFINITIONS

In the Agreement, unless otherwise expressly stated in the text of the Agreement, the following words and expressions shall have the following meanings:

1.1. Administration - Limited Liability Partnership «DauInvest», BIN 191240020942, registered in accordance with the legislation of the Republic of Kazakhstan at: Republic of Kazakhstan, Astana city, Kabanbay Batyr Avenue, house 49, non-residential premise 25, postal code 010000. The Administration is the Operator, Owner and Administrator of the Site, Services.

1.2. Authentication - the certificate of legal remote access/access of the User to the Site, Services, carried out with the help of login (User name) and password.

1.3. Personal account - personal section of the User on the official website of the Administration https://trustme.kz, providing functions to certain Services, Service «TrustContract», accessible to the User after authorization.

1.4. The phone number is the registered mobile communication number assigned by the SIM-card operator, indicated by the User during registration, authentication on the Site, Services, in particular, «TrustContract» Service.

1.5. Personal data - information about the User (name, first name, personal identification number/business identification number, phone numbers, e-mail addresses, access credentials: password, login, etc.) The personal data subject, which belongs to a certain or determined on their basis, is recorded on electronic, paper and (or) other material media and is classified by the legislation of the Republic of Kazakhstan in the category of personal data of restricted access.

1.6. User or You - a competent individual intending to use or use one or more of the Services of the Administration in his own interest or acting on behalf and in the interest of the legal entity represented by him, including a visitor to the Site, Services accepting the terms of this Agreement.

1.7. Site (Website) - informatization object, electronic information resource, having an independent domain name and providing users with information materials, tools, services, databases, sections, available at https://trustme.kz.

1.8. Information - any materials and information provided by the User of the Site, Services in connection with the use of the Site, Services.

1.9. Services - an ecosystem of trust, consisting of all TrustMe services, including a service for signing documents «TrustContract», as well as other services, functionality (options, technical functions), published on the Site: https://trustme.kz/.

1.10. TrustContract Service - «TrustContract» Platform - online contract signing» is a platform that allows signing of contracts and other documents with the use of ELECTRONIC DIGITAL SIGNATURE (EDS), as well as using ONE-TIME PASSWORD (OTP) which is sent to their mobile devices through various communication channels such as SMS / online messengers WHATSAPP, TELEGRAM, PUSH-MESSAGES, or EMAIL (for individuals and/or representatives of legal entities, individual entrepreneurs) and the integrated FACE ID function (for individuals and/or representatives of legal entities, individual entrepreneurs). When signing the document, the User uses the registered User number. The document is downloaded and the User’s personal account gives access to the document. After signing the document, the document is encrypted and the file is transferred to the Personal account, all documents are stored in the User’s Account.

1.11. Account - a set of data about the Site User, Services, necessary for its identification (authentication) and providing access to his personal data and settings on the Site, Services, Service «TrustContract».

1.12. Electronic digital signature (EDS) - a set of electronic digital characters created by means of electronic digital signature, confirming the authenticity of the electronic document, its ownership and the immutability of the content, issued by the National Certification Center of the Republic of Kazakhstan, and confirming the legitimacy of the electronic document. According to the Law of the Republic of Kazakhstan «On Electronic Document and Electronic Digital Signature» of 7 January 2003 №370, the electronic digital signature is equivalent to the signature of the signatory himself, does not require printing on a document and has the same legal consequences.

1.13. FACE ID - function of identification by biometric identification.

1.14. SMS password is a one-time password (One Time Password), formed by an SMS gateway, used for identity identification by online messengers WHATSAPP, TELEGRAM, PUSH MESSAGES, or EMAIL.

All other terms and definitions used in this Agreement shall be subject to uniform interpretation in accordance with the current legislation of the Republic of Kazakhstan.

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is to grant the Administration to the User the right to use the Services, including the TrustContract Service, for payment and under the conditions stipulated in this Agreement.

Registration and (or) use of the Site and (or) Services means the User’s consent to the collection and processing by the Administration of personal data of the User, with the conditions of such collection and processing.

2.2. This Agreement defines how the Site, Services, and applies to all Users using the Site, Services in any way, including the functionality of the Site, Services. The Agreement lays down the rules that must be observed in order for the Site, Services to be freely accessible and properly used. By using the Site, Services, you acknowledge that you have read, understood and agreed to comply with the terms of use set forth in this Agreement.

2.3. All the terms of this Agreement shall apply to the Site as a whole and to all its Services in particular. Compliance with the terms of this Agreement is a necessary condition for the use of the Site and the Services by Users.

2.4. By using the Site, the Services in any way and in any form within their declared functionality, thereby confirming that the User:

2.4.1. Read the terms of this Agreement in full.

2.4.2. Accepts all the terms of this Agreement fully and unconditionally, is fully aware of the possible consequences of their violation, undertakes to comply with them, or terminate the use of the Site, Services, if the User does not agree with the terms of the Agreement.

2.4.3. The User guarantees that they will not use and/or do nothing while using the Site, Services in violation of the requirements of the legislation of the Republic of Kazakhstan, the terms of this Agreement, as well as for the purpose of causing harm to the Administration or third parties.

2.5. Please note that this Agreement may be amended by the Administration of the Site, the Services at its sole discretion at any time without any special notice to the User. A new version of the Agreement and/or the mandatory documents specified in it shall enter into force from the moment of posting on the Site and/or Services, unless otherwise provided by the new version of the Agreement.

2.6. Your further use of the Site, Services after the introduction of changes and additions to the Agreement will mean acceptance of changes and additions, a new edition of the Agreement. If the User disagrees with the changes and additions made, he shall refuse access to the Site, Services and their components and shall cease using the Site, Services and their components. At the same time, refusal to access the Site, Services and their components is not a ground for refund of payment made by the User for granting the right to use the Services, including TrustContract Service.

2.7. The User expresses his consent to receive from the Administration information, advertisements, offers on the documents specified by the User when registering or signing on the Site, Services and/or Personal Account, e-mail addresses, phone numbers, including messengers, SMS messages, push notifications, phone and Internet calls using the Internet and other means.

2.8. The Administration shall have the right to use the e-mail addresses, phone numbers of the User and other data of the User specified by them during registration on the Site, Services, use of the Site, Services, in the Personal Account, for sending the User information, advertising, offers of the Administration to e-mail addresses, phone numbers, including through messengers, SMS messages, push-notifications, phone and Internet calls using the Internet and other means.

2.9. This Agreement shall apply to all existing (actually functioning) Site Services, Services, as well as any subsequent modifications thereof and any subsequent implementation of Services, additional services of the Site, Services.

2.10. The User shall accept this Agreement independently of the State, national or tax resident of which he is.

2.11. Any dispute, claim or application regarding the use of the Site, Services will be considered according to the legislation of the Republic of Kazakhstan.

2.12. This Agreement is the full extent of the arrangements between the Administration and the User with respect to the provisions set out therein and supersedes any prior and preliminary, written or oral, agreements and arrangements.

2.13. This Agreement, concluded by acceptance of this offer, does not require bilateral signature and is valid electronically.

3. EXCLUSIVE RIGHTS

3.1. Under this Agreement, all intellectual property rights, including prerogatives, unique, exclusive and commercial rights in respect of the Services, the «TrustContract» Service, under this Agreement, are held by the Administration and remain with the Administration, and under no circumstances shall intellectual property rights be transferred to the User.

3.2. Under this Agreement, the User may not transfer, resell, distribute, publish and/or distribute in any form the right to use the Services of the Administration.

3.3. Domain name https://trustme.kz/, «TrustContract» Service, other Services, all objects available on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, databases and other objects, as well as any other content, placed on the Site, Services, Service «TrustContract» are objects of exclusive rights of the Administration. The administration of the results of intellectual creative activity and the means of individualization preserves the full scope of powers regarding all rights on means of individualization, patent rights, copyrights and related rights, trade secrets and other rights, concerning relevant facilities.

3.4. The use of the objects specified in paragraph 3.3 of this Agreement shall be possible only within the framework of the functionality proposed by the Site, the Services. No object specified may be used in any other way without prior permission of the Copyright Holder. Usage includes: reproduction, copying, processing, distribution on any basis, etc.

3.5. The Administration reserves the right to grant other users similar rights to use the Site and Services, including the «TrustContract» Service.

4. PROCEDURE AND GENERAL TERMS OF USE

4.1. The Administration provides the User with access to the Services after the registration and payment of the tariff chosen by the User, tariff plan, and in some cases by agreement with the Administration after signing the relevant Agreement.

4.2. In order to use the Services (to which all sections of the Site and access to a specific Service) or individual functionality of a certain Service, the User must go through the procedure of registration and/or authorization on the Site, Services.

4.3. The list of selected functionalities of the Services, the use of which requires prior registration and/or authorization, is determined at the sole discretion of the Administration and may be changed from time to time.

4.4. Services are a set of software products, a product of information technologies of the production process of the Administration and owned by it.

4.5. By registering on the Site, Services, User confirms that:

4.5.1. Has the necessary legal personality and authority to adopt this Agreement, is able to comply with the terms of the Agreement and to bear responsibility for its violation, including legal relations arising from the use of the Site, Services.

4.5.2. The data specified by the User at the time of registration are valid and valid data of the User.

4.5.3. The User has the rights and powers to act on behalf of the entity, individual or individual entrepreneur represented by him.

4.5.4. The User specifies the correct registered phone number through which he signs the documents in the «TrustContract» Service, or the User signs the documents in the «TrustContract» Service, using another phone number, while indicating the correct personal data (Name). In this case, the User bears full responsibility when signing his documents in the «TrustContract» Service itself or through it, using another phone number, while indicating his personal data (name). If the personal data (name) of the User are indicated when signing the documents in the «TrustContract» Service, and the documents are signed with the help of another phone number not registered for the User, the documents are considered signed by the User himself, how he would sign through his phone number registered to the Account.

4.6. The rights of the User to use the Site, the Services, which are granted to them together with the login and access password, are inalienable and cannot be transferred together with the login and access password to any other person. The user is fully responsible for the safety of login and password access by choosing the way of their storage.

4.7. Any actions performed using the User’s login and password shall be deemed to have been performed by the User concerned, except in the cases when the User, in accordance with the procedure provided in para. 4.8. this Agreement, notified the Administration of unauthorized access of third parties to the User’s login and password, their loss by the User. The User is responsible for all actions and/or omissions and their consequences within and/or in connection with the use of the Services under their account, including cases when the User transfers data for access to third parties under any conditions, The User is fully responsible for the accuracy of the data provided by them during registration.

4.8. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User must immediately inform the Administration by sending an e-mail from the e-mail address indicated in his account on the Site. For security reasons, the User is responsible for the safe completion of work under his account after each session of work with the Services. The Administration shall not be liable for any loss or damage of data or any other consequences of any nature that may occur due to the User’s violation of this section of the Agreement.

4.9. If the User has any questions and/or wishes related to the Site, Services, it is possible to make a request to the customer care service at: cuscare.trustme@gmail.com.

4.10. Customer care services include: maintenance of optimal performance of the Site, Services for convenience of their use; updating the Site, Services; elimination of technical problems; ensuring the absence of errors in the system; professional consultations.

4.11. Working hours of the customer care service: Monday - Friday from 09.00 to 20.00 hours and weekends and holidays from 09.00 to 18.00 hours time of the city of Astana, Republic of Kazakhstan. Additional time limits may be imposed for different types of requests. Requests created outside working hours will be processed on the next business day.

4.12. The User shall not assign or transfer this Agreement or any rights or obligations specified in this Agreement without the prior written consent of the Administration, Except that the User may assign the Agreement to the legal entity succeeding it in connection with the merger, acquisition or sale of all or almost all of its assets by providing written notice to the Administration. The Administration may not assign this Agreement without notifying the User. However, the Administration may, without notice, transfer the Agreement or any rights or obligations specified in the Agreement or in connection with the merger, acquisition, reorganization or sale of all or a substantial part of its assets. Any other attempt to assign or transfer will be considered invalid.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Administration has the right:
5.1.1. To determine the rules of conduct on the Site, Services, as well as the rules of use of the Site, Services, and reserves the right to require them from the User.
5.1.2. At any time to ask the User for documents confirming the data specified by the User at the registration. In case the User fails to submit supporting documents, the Administration has the right at its discretion to block or remove the User’s account and refuse to use the Service or its individual functions. In case the data of the User indicated in the documents provided by them do not correspond to the data specified during registration, do not allow identification of the User, the Administration has the right to deny the User access to the Personal Account and use of the Service. The Administration has the right to request any information regarding a legal or natural person, an individual entrepreneur, which is represented by the User.
5.1.3. To block and/or delete the User Account, to deny registration of the User, as well as to restrict, prohibit access with any information to the Site, Services, and to remove any User’s content without explanation, including in any of the following cases:
5.1.3.1. Violation by the User of the terms of this Agreement or the terms of other documents stipulated by the Agreement, acts of the Administration.
5.1.3.2. Commitment by the User of actions that entailed or could entail damage to the business reputation of the Site, Services, including those that could entail reputational risks for the Administration and third parties.
5.1.4. Unilaterally to add new, change and cancel existing tariffs, tariff plans or services of the Services, change the rules of use of the Site, Services and their content.
5.1.5. To require from the User timely performance of obligations on payment of Services, accepted by him under this Agreement in accordance with commercial offers, as well as in some cases by agreement with the Administration after signing of the corresponding contract.
5.1.6. To carry out technical, preventive and emergency work without notification of the User both at their discretion and at the request of the authorized authorities of the State. To fully or partially limit the possibility of using the Site, the Services, both for the period of technical, preventive and/or emergency works at the discretion of the Administration, and for the period of the circumstances preventing the use of the Site, Services (including not subject to the will of the Administration), as well as at the request or request of the competent public authority, without notification of the User. Where possible, such restrictions will be communicated to the Users through publication on the Administration Site or otherwise.
5.1.7. At any time to suspend or completely terminate the activities of the Site, Services due to resolution of security issues or for legal, technical or commercial reasons, circumstances without notification of the User.
5.1.8. At any time to modify or release new improved versions of the Services, change the content of provided functions, content and other objects used or stored on the Site and any Services, applications, without notice to the User.
5.1.9. To send information messages to the User. By registering on the Site, the Services, as well as using their resources and functions, the User agrees to receive information messages on the specified e-mail address and/or phone numbers during registration.
5.1.10. Solely for the purpose of advertising the services, products of the Administration and in confirming cooperation with the User to mention the name of the User in communications and materials in periodicals, newspapers, radio, television and video programs, on the Internet, social networks and other forms of periodic dissemination of mass information, as well as in business negotiations, meetings with clients, presentations, etc.
5.1.11. To refuse the User and not to provide the User with access to the Services, if at the discretion of the Administration the User conducts illegal activity or the use of the Services carries out illegal actions.
5.1.12. To take any measures not prohibited by the legislation of the Republic of Kazakhstan to protect their own intellectual property rights in relation to the Site, Services, as well as their content.

5.2. The Administration is obliged:
5.2.1. To provide the User with access to the Site, Services in the order and under the terms of this Agreement after registration, authorization of the User.
5.2.2. To take precautions to protect the confidentiality of personal data of the User, Unauthorized User according to the procedure usually used to protect this kind of information in the existing business.
5.2.3. To block personal data relating to the respective User from the moment of the User’s application or request, or their legal representatives or authorized state body for the period of verification, In case of detection of false personal data or illegal actions.

5.3. User has the right:
5.3.1. To access to the Services after the registration and payment of the respective tariff, tariff plan in accordance with the commercial offer, as well as in some cases by agreement with the Administration after signing the relevant contract.
5.3.2. To require the Administration to fulfil in a timely manner the obligations it has assumed under this Agreement within its competence.

5.4. User is obliged:
5.4.1. Fully to familiarize yourself with the terms of this Agreement prior to its use.
5.4.2. To observe all the terms of this Agreement and other documents of the Administration, acts of the Administration.
5.4.3. To use the Site, Services only for the purposes and procedure stipulated by the Agreement and not prohibited by the legislation of the Republic of Kazakhstan.
5.4.4. When passing the procedure of registration on the Site, Services, to provide reliable and complete information on the issues offered in the form of registration, and to maintain this information, information in the current state. The User shall bear all responsibility, as well as any consequences, for providing inaccurate or irrelevant personal data.
5.4.5. To verify the authenticity of information, including telephone numbers and personal information provided for the use of the Services and for the provision of the Services including, but not limited to, the User, his representatives, customers, contractors.
5.4.6. To provide, upon request of the Administration, documents confirming the personal data of the User specified by him at the registration, as well as to provide additional information that is directly related to the services provided by the Services.
5.4.7. To keep your login and password confidential for accessing the Services. The user is responsible for the security and confidentiality of his password. The User shall immediately notify the Administration of any unauthorized access to the Services using the User’s account and/or any breach of the privacy of his password.
5.4.8. To respect property and non-property rights of the copyright holder of the Site, Services when using them. Not to take actions that may be considered to violate the legislation of the Republic of Kazakhstan or norms of international law, including in the field of intellectual property, copyright and/or related rights, as well as any other actions and/or omissions, which cause or may lead to disruption of the normal operation of the Site, Services.
5.4.9. To comply with other requirements and fulfil other obligations stipulated by this Agreement, acts of the Administration and/or posted on the Site, Services.
5.4.10. If the User receives any requests for the deletion of content or notices of violation of rights related to the User’s data, he must immediately: (i) stop using the corresponding service element; and (ii) notify the Administration. If the Administration receives any requests for deletion of content or notices of violation of rights related to client data, the Administration may respond in accordance with its policy, notify the User and consult him about the next steps.
5.4.11. The User must respond to requests from third parties using the information available to him. The User undertakes to independently obtain the information required upon request from third parties and must contact the Administration only if it is unable to comply with the request from third parties despite the efforts made.

5.5. Restrictions. User is prohibited:
5.5.1. To disrupt the proper functioning of the Site, Services.
5.5.2. To enter false or fictitious information during the registration procedure or subsequently.

6. PAYMENT FOR GRANTING THE RIGHT TO USE SERVICES

6.1. Payment for the right to use the Site and Services, including TrustContract Service, shall be made in accordance with the tariffs approved and placed by the Administration on the Site.
6.2. All payments under the Agreement are made in the currency of the Republic of Kazakhstan - Kazakh tenge.
6.3. After payment, the User shall have the right of access to the relevant Services, including TrustContract Service, and in some cases by agreement with the Administration after signing the corresponding agreement.
6.4. The User agrees that tariffs, tariff plans, functions of the Services and technologically related services may be valid for a certain limited period of time and, by accepting such tariffs, tariff plans, functions of the Services and technologically related services, the User also agrees with the rules stipulated by the Administration, applied until the end of their term, as well as with the rules established by the Administration for calculating the validity period for the respective tariffs, tariff plans, functions of Services and technologically related services. The terms are calculated according to the time of the city of Astana, Republic of Kazakhstan, and the period of validity defined by days, weeks or months includes the day of activation of the tariff, tariff plan, functions of Services and technologically related services, which is considered the first day regardless of time, for the remaining days.
6.5. The User shall pay to the Administration all due payments in that currency and in accordance with those payment terms, in accordance with the rates approved and posted by the Administration on the Site or in the relevant agreement between the User and the Administration. The User grants the Administration the right to charge the User’s funds for all applicable payments by the payment method chosen by the User, and the User will issue the necessary documentation for the purchase.
6.6. Under this Agreement, there is no refund of payments paid by the User. The User accepts the condition that all payments and payments made by the User within the framework of this Agreement for the granting by the Administration of the right to use the Services on the Site, including TrustContract Service, in no case shall be refundable and shall not be refunded, even if the Account has not used the Services on the Site, including the TrustContract Service. As well, payments made by the User under this Agreement are not subject to partial refund. The waiver of the right to use the Services or the termination of the use of the Services shall not be a ground for refunding the User’s payment. This Agreement provides for payment by the User not for the actual services received on the Site, but for the provision by the Administration of the right to use the Services, in the «TrustContract» Service, in the order and under the conditions in accordance with the tariffs and tariff plans approved on the Administration Website. The order of payment and the execution of payment do not depend on whether the User has actually used the Services, in that TrustContract Service.
6.7. Payments do not include taxes and the User is responsible for paying all taxes. The Administration levies taxes where this is their responsibility. If the User provides the Administration with a valid tax exemption certificate, the Administration shall not collect the taxes specified in such certificate.
6.8. The User must pay the Administration the amount after deducting all applicable withholding taxes. The user and the Administration should work together to avoid withholding taxes if there are exemptions or permits for reduced tax rates. The Administration or the User may claim tax exemption or reduced tax rate, the Administration or User must provide proper documentary evidence. The user must provide the Administration with adequate evidence that payment has been made to the appropriate authority for the amount withheld.

7. LIMITATION OF LIABILITY

7.1. By agreeing to the terms of this Agreement, the User understands and confirms that:
7.1.1. The Administration is not responsible for any direct or indirect consequences of any use or inability to use the Site, Services and/or damage caused and/or received by the User/User and/or third parties as a result of anyor the use, non-use or impossibility of using the Site, Services or their individual components and/or functions, including due to possible errors or failures in the operation of the Site, Services. The Administration shall have the right at any time without prior notification of the User to perform any technical operations on the Site and/or in the Services, which may be necessary at the discretion of the Administration and may cause disruption and/or suspension and/or restriction of use of the Site and/or Services. The Administration is not responsible for such interruptions and/or suspension and/or restriction of use of the Site and/or Services as defined by this paragraph of the Agreement.
7.1.2. The Administration is not responsible for claims of the User regarding the quality of connection with the Internet network, related to the quality of functioning of Internet providers, servers, the functioning of the User’s hardware and software and other circumstances, outside the authority of the Administration. In case of failures on the Site, Services in connection with third-party servers and/or third-party services used by the Administration for the necessary operation of the Site, Services, including but not limited to: interruption of services of data centers (data processing centers)suppliers of electricity, Internet service providers, inaccessibility of state information systems, with which the integration of Services, actions and/or inaction of state bodies and other organizations and institutions that restrict the Site, Services, Administration is not responsible.
7.1.3. The User is solely responsible for the accuracy of the information provided by the User to the Administration for the use of the Services.
7.1.4. The Administration does not bear legal, material or other responsibility for the content, quality and compliance with the legislation of the Republic of Kazakhstan of documents signed through the Site, Services.
7.2. The Administration is not obliged to check the documents signed by the Users and/or submitted for signature within the Services, including the TrustContract Service.
7.3. The User who created and/or added the document to the Services, in particular the TrustContract Service, is solely responsible for the contents of the documents and their compliance with the requirements of applicable law, as well as for verifying the authority of the signatories.
7.4. Since the Site, the Services are in a stage of constant addition and updating of new functionalities, the form and nature of services provided by the Site, the Services can change from time to time without prior notification of the User.
7.5. In case of detection of violation of rights and/or interests of the User in connection with provision of the Services, the User should inform the Administration. For this purpose, the User must send the Administration a written notice detailing the circumstances of the violation of the rights and/or interests of the User, In doing so, the Administration shall not and shall not be fully liable under the provisions of section 7 of this Agreement.
7.6. The Administration is not responsible for the use by anyone of publicly available personal data of Users, third parties.
7.7. The Administration is not responsible for potential and/or received losses of the User, including loss of profit, both at the time of use of the Services, and caused by the impossibility of using the Services, due to the Administration technical, preventive and/or emergency operations or restrictions on the User’s access to the Site and Services on the grounds provided for in this Agreement.
7.8. The Administration shall be relieved of responsibility for partial or total non-performance of obligations under this Agreement if this failure was due to circumstances of force majeure (force majeure) arising from circumstances of an emergency nature, which the Administration could not have foreseen and/or prevented. Circumstances of force majeure are understood to include, but are not limited to: flooding, fire, earthquake, pandemic (lockdown), acts or omissions of public authorities and authorized persons, including direct or indirect prohibitions/restrictions on certain activities.
7.9. If the Administration receives a Request from third parties, it undertakes to make an economically justified effort, within the limits permitted by law and the terms of requests from third parties, to:
(a) notify the User without delay of the receipt by the Administration of a request from third parties;
(b) meet economically justified requests of the User, connected with the measures taken by him to refuse implementation of the Request from third parties;
(c) provide the User with the information and facilities he needs to respond to a request from third parties (unless otherwise the User is unable to respond to the Request from third parties).
If the Administration is prohibited from notifying the User of requests from third parties or the User does not respond to requests from third parties as soon as possible, the Administration may, but does not undertake to do so to the extent where this is permitted by applicable law.
7.10. Services, software and any related documentation are provided «as is» and «if available». To the fullest extent permitted by law, except as expressly provided in this agreement, neither the Administration nor its subsidiaries, suppliers and sales agents give warranties of any kind, including explicit, implied, normative and other, including guarantees of marketability, suitability for certain purposes and non-violation of rights. The Administration does not make any claims, warranties or obligations that the services will meet the User’s requirements or expectations, that the Users' data will be accurate, complete or stored without loss, or that the services will be timely, uninterrupted or error free. The Administration is not responsible for any customer property, customer data, third-party products, third-party content or services not related to the Administration (including delays, outages, transmission errors, security errors and other issues caused by these elements). The User is responsible for the use of services and software in accordance with the terms and conditions set forth herein and for backing up any data stored in the services.

8. LIABILITY TERMS

8.1. The Administration and the User shall be responsible in accordance with the legislation of the Republic of Kazakhstan for non-performance or improper performance of obligations under the Agreement.
8.2. The Administration shall not be liable for any direct, consequential damage, including loss of profit, use damage, loss of data or any other intangible loss, damage arising from the following cases, as well as other provisions of this Agreement:
8.2.1. Use or impossibility of using the Site, the Services by the User.
8.2.2. Changes in the terms of the Agreement and other public access documents by the Administration.
8.2.3. Technical and/or temporary interruptions and interruptions in the operation of the Site, Services arising out of reasons beyond the control of the Administration or in the case of technical, preventive and emergency works, as well as due to the resolution of security issues or legal, technical or commercial reasons, circumstances.
8.2.4. Actions of other Users, third parties.
8.2.5. Disputes and disagreements that have arisen between the User, contractors, other third parties, as well as in all other cases.
8.3. The User personally bears full responsibility for the authenticity of information, including phone numbers and personal information provided for the use of the Site, Services in particular, «TrustContract» Service and for the provision by the Administration of co-relevant services including, but not limited to: User, their representatives and customers, third parties. And the User himself is responsible for providing the User and their clients with the correct phone numbers registered for them for signing a certain document, including contracts and primary accounting documents, through the Services, «TrustContract» Service, in addition, for late updating and correction of data in the process of using the Site, Services.
8.4. If the Administration violates any of the conditions laid down in this Agreement, it shall have the right to apply one or more of the following sanctions against the User of its choice:
8.4.1. Notify the User of the need to eliminate the violation within the specified period, including by e-mail.
8.4.2. Partially or completely block access to the Site, the corresponding Service, and if the violation is not eliminated within the prescribed period, indefinitely stop providing the technical ability to access the Site, the specified Services without compensation for any losses incurred, including lost profits.
8.5. The User assumes all risks and possible damages arising from the provision of false information to them, as well as for the transmission of his own data to third parties related to the registration and use of the Site, Services.
8.6. If the User (a) violates the Agreement; or (b) uses the Services in such a way that gives the Administration reason to believe that this will entail legal liability for the Administration, the Administration may require the User, to suspend or terminate the Account. If the User does not suspend or terminate the Account as soon as possible, the Administration has the right to do so itself.
8.7. The Administration may suspend the User’s access to the services if:
(i) The User’s account is overdue; or
(ii) User exceeded any service limits.
The Administration may also suspend access to the Services or delete Account data if it determines that:
(a) The User or his customers, contractors, partners have breached any part of the terms of this Agreement; or
(b) The suspension is necessary to prevent a security emergency, provided that the Administration makes commercially reasonable efforts to adapt accurately the suspension necessary to prevent or end a security emergency. The Administration is not responsible for the actions permitted above. To avoid any doubt, the User will be responsible for the payment of fees during any period of suspension. However, if these terms and conditions are not terminated, the Administration will cooperate with the User to promptly restore access to the services after it is satisfied that the User has removed the condition requiring suspension.
8.8. The User undertakes to provide the Administration with judicial protection and to guarantee the recovery of the costs of obligations, damages and other expenses (including those relating to the settlement of disputes and reasonable fees of lawyers) arising from anyor claims submitted to the Administration in respect of: (a) User’s data; (b) User’s domains; (c) User’s use of the Services or in violation of this Agreement.
8.9. The party claiming damages must immediately notify the other Party of the claim and ensure that it cooperates with it in challenging the claim. A Party making reparation shall have full discretion and responsibility in contesting the claims, except in the following cases: (a) If the Party making the claim for compensation seeks a declaration of liability and prior written consent is required for settlement, and there should be no unreasonable denials and delays; and (b) another Party may involve its own lawyer in the challenge process at its own expense.
8.10. The User shall be solely responsible for all actions performed by the User, User’s representatives, User’s staff/employees, User’s partners/contractors, including, but not limited to, for Face ID and other verification during registration and/or signing of documents through «TrustContract». Hereby the User gives his consent to the appropriate persons to provide for familiarization by the employees of the Administration, representatives of the User, employees of the User, partners/contractors of the User, clients of the User information and photo/video materials obtained as a result of Face ID verification.

9. FORCE MAJOR

9.1. The Administration and the User shall be exempt from liability for partial or total non-performance of obligations under the Agreement if it was caused by circumstances of force major, namely: flood, earthquake and other natural disasters, natural disasters, embargoes, pandemics, war or hostilities, sabotage, terrorism, as well as in cases of legislative changes, total or partial prohibition of activities specified in this Agreement, obstruction by state bodies of performance by the Administration and/or User of its obligations under this Agreement.
9.2. The period of performance of the obligations under the Agreement shall be deferred commensurate with the time during which the circumstances of force major took effect, as well as the consequences of these circumstances.
9.3. Any of the Parties (either the Administration or the User) shall, in the event of circumstances of force major, be obliged to notify each other immediately in writing of such circumstances and their reasons. The fact that force majeure has taken place must be confirmed by a document issued by the authorized authorities. Unless otherwise instructed in writing by the User, the Administration shall continue to fulfil its obligations as far as practicable and shall seek alternative ways of implementing the Agreement, regardless of force major.

10. CONFIDENTIALITY AND NON-DISCLOSURE

10.1. The Parties accept and agree that the commencement of the use of the Site, the Services, means adherence to all provisions and full consent to all terms of this Agreement; Privacy Policy; Policies for the collection, processing, storage and protection of personal data, posted on the Administration Website at: https:/trustme.kz and other acts of the Administration.
10.2. The Administration and the User are aware and agree that any confidential information; information having a valid or potential value due to the unknown to its third parties; personal data, service information, which may be made available or become known to the Administration and/or the User shall be treated as confidential, shall be used solely in connection with the performance of this Agreement and in accordance with the provisions of the Privacy Policy, The policy of collecting, processing, storing and protecting personal data, to which the User also subscribes in public access simultaneously with joining the License Agreement.
10.3. Confidential information shall include, inter alia: its text, any annexes, certificates and other documents attached thereto, statistics, the content of business correspondence and negotiations, special data related to the activities of the Administration, User.
10.4. The provisions of this Agreement, supplementary agreements and annexes thereto, documentation and information relating to its implementation shall be confidential, and the Administration and the User shall ensure that only persons are admitted to them, directly involved in the performance of obligations under the Agreement, admission of other persons is carried out only on the terms agreed by the Administration, User.
10.5. The Administration and the User undertake, unless otherwise provided by the legislation of the Republic of Kazakhstan:
10.5.1. Not to disclose, discuss, provide copies, publish or otherwise disclose to third parties confidential information without the prior written consent of the other Party.
10.5.2. To take all measures and use all legal means to protect confidential information and prevent its unauthorized disclosure.
10.5.3. To use confidential information only for the purpose of fulfilling obligations under this Agreement.

11. NOTIFICATIONS

11.1. The User agrees to receive information and/or advertising e-mails from the Administration on the e-mail address specified in the User’s profile in the Service and on the Mobile Device on which the Service is used, SMS, push notifications, about important events taking place within the Service or in connection with it. The user has the right to refuse to receive a push-notification via the suggested feedback forms in the mobile application and/or the appropriate browser, or to turn off the possibility of receiving a push-notification via the settings of mobile devices and/or browser.
11.2. The Administration has the right to use notifications to inform the User about the features of the Site, Service and/or about changes in information resources.
11.3. Exchange of information and electronic documents between the Administration and the User is carried out through information and technological interaction between them through the Site, Services.
11.4. The Administration and the User recognize that all electronic communications, as well as other documents provided in electronic form, which are exchanged through the Site, the Services have legal force equal to the legal force of documents on paper media, personally signed by authorized persons of the Administration and the User, and fastened with their seals (if there are seals).
11.5. By agreement of the Administration and the User, written documents (including notifications, letters, claims, etc.) under this Agreement may be sent by a courier or registered letter from one Party to the other Party. Copies of these documents may also be sent by e-mail, with mandatory follow-up of the original document sent.

12. SETTLEMENT OF DISPUTES

12.1. The Administration and the User shall make every effort to resolve, in the course of negotiations, all differences or disputes arising between them in the course of or in connection with the implementation of the Agreement. In the event of any disagreement or dispute between the Administration and the User, it is obligatory to submit a claim (a written proposal on voluntary settlement of the dispute) before the court.
12.2. All possible disputes arising from or related to this Agreement shall be settled in accordance with the legislation of the Republic of Kazakhstan at the seat of the Administration.

13. OTHER TERMS AND CONDITIONS

13.1. The User’s personal data shall be processed in accordance with the Privacy Policy, the Policy of collecting, processing, storing and protecting information, personal data of the Administration on the Site and in accordance with the Law of the Republic of Kazakhstan «On personal data and their protection». The Administration has the right to use the User’s data and information about the User for statistical and research purposes.
13.2. This Agreement, the procedure for its conclusion, execution and termination, as well as issues not settled by this Agreement, shall be regulated by the legislation of the Republic of Kazakhstan.
13.3. This Agreement may be amended or terminated unilaterally by the Administration without prior notice to the User and without any compensation being paid in respect thereof. In so doing, the modification or termination of this Agreement shall not affect the performance of existing obligations of the Administration, if any, at the time of modification or termination of this Agreement.
13.4. The current version of this Agreement is available on the Website and is available on the Internet at: https://trustme.kz/contract/termofuse.
13.5. All legally significant communications should be reported to the Administration on the Site through the feedback form.
13.6. It is forbidden to use the Site, Services for:
13.6.1. Placement and/or distribution of counterfeit Content.
13.6.2. Placement and/or distribution of pornographic content, as well as propaganda of pornography and child erotica, and advertising of intimate services.
13.6.3. Promotion of animal abuse.
13.6.4. Posting and/or distribution of Content that constitutes an act of unfair competition.
13.6.5. Posting and/or distribution of Content containing abnormal vocabulary or composed with gross violations of generally accepted rules of spelling and punctuation, as well as Content containing alternation of uppercase and lowercase letters written with «Caps Lock» included.
13.6.6. Placement and/or dissemination of any prohibited information, including materials, of an extremist nature, as well as aimed at infringement of human rights and freedoms on grounds of race, nationality, religion, language, and gender inciting to commit violent acts against human beings or inhuman treatment of animals, calling for other unlawful actions, including clarifying the manner of manufacture and use of weapons, narcotic drugs, etc.
13.6.7. Hosting, storing, distributing or otherwise providing access to computer viruses, trojans and other malicious programs.
13.6.8. Placement of unreliable and irrelevant information materials.
13.6.9. Placement of irrelevant Content.
13.6.10. Preferential or exclusive placement of links to other sites.
13.6.11. Placement of references to resources on the Internet, the content of which is contrary to the legislation of the Republic of Kazakhstan.
13.6.12. Restrictions on access to uploaded or broadcast files by password or other means.
13.6.13. Distribution of advertising materials in personal messages to other Users without their prior consent to receive such materials (SPAM).
13.6.14. Disclosure of personal data and other confidential information about third parties.
13.6.15. To place and/or distribute the Content on behalf of a person who has not granted the User the appropriate rights to place the Content on his behalf.
13.6.16. Placement and/or distribution of any other information which, in the opinion of the Administration of the Site, Services, is undesirable, does not correspond to the purposes of creation of Services, harms the interests of other Users and other third parties or for other reasons is undesirable for publication.
13.7. Notwithstanding the prohibition, when using the Site, the Services, you may receive Content which may be deemed to contain information of an offensive or indecent nature, as well as in any other way violating the applicable law, rights and/or interests of third parties.
13.8. All responsibility for the content of the Content and its compliance with the requirements of applicable law shall rest with the User who has created this Content and/or provided it for posting and display and/or added it to the Services.
13.9. The completion of any forms on the Site, Services providing for the input of contact data and personal information, means the unconditional acceptance of the forms filled in.
13.10. The Administration does not guarantee that the Site, Services will meet the subjective requirements of the User; does not guarantee the uninterrupted operation of the Site, Services; does not bear responsibility for the results obtained by the User on the Services; shall not be liable for direct or indirect damages of any kind incurred due to the use or non-use of the Services.
13.11. This Agreement is the full extent of the arrangements between the Administration and the User with respect to the provisions set out therein and supersedes any prior and preliminary, written or oral, agreements and arrangements.
13.12. This Agreement shall enter into force on the date of acceptance of this offer by the User and shall be concluded indefinitely.
13.13. Annexes and supplements to this Agreement are integral parts thereof. The general provisions of this Agreement shall apply to its annexes and supplements, unless otherwise provided in the terms of the latter.
13.14. The Administration reserves the right to extend, suspend, terminate and reduce the general offer of services on the Site, Services, regulate access to the services of the Site, Services, at its sole discretion at any time, and also provide additional services to the User on a fee basis, which will be governed by other agreements, agreements.
13.15. The use of the Site, Services may be subject to additional terms, which may amend and/or supplement this Agreement, and/or have special terms and conditions regarding personal data, information contained in the relevant sections of the Site and/or the Services.
13.16. All questions relating to this Agreement should be sent via the feedback form on the Site to: https://trustme.kz.

SUBSCRIPTION AGREEMENT ON TERMS OF USE OF TRUSTME SERVICES