PUBLIC OFFER (hereinafter the Agreement or public offer)
EasyTap Business LLP (hereinafter EasyTap), on the one hand, and an individual who intends to use the "EasyTap" Service in the "EasyTap" mobile application (hereinafter the User), on the other hand, hereinafter jointly referred to as the "Parties", have concluded this Agreement on the following:
1. General Provisions1.1. This offer, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer, the full and unconditional acceptance (acceptance) of the terms of which, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, is considered to be the User's performance of one of the following conclusive actions - use of the "EasyTap" Service, registration in the "EasyTap" Service, obtaining access to the "EasyTap" Service. Acceptance of the Agreement means that the User agrees to all provisions of this offer and is equivalent to concluding the Agreement. In connection with the above, please carefully read the text of the Agreement.
1.2. EasyTap does not guarantee the User results (obtaining income from using the "EasyTap" Service). The "EasyTap" Service is provided "as is".
1.3. If the User does not agree with any clause of the Agreement, EasyTap proposes to refuse acceptance of the public offer.
2. Terms and Definitions2.1. The Parties have agreed that the terms used in the Agreement have the meanings defined below:
"EasyTap" Service - software that allows legal entities and individual entrepreneurs to post information about potential demand for Services, and also provides Supervisors and Users with the opportunity to familiarize themselves with information about such demand and accept an Application for execution.
User - a capable individual who has registered in the "EasyTap" Service and directly provides Services according to the corresponding Application based on an agreement concluded with the Supervisor.
Services - actions or activities specified in the Application for the provision of services by the Supervisor.
Application for Services, Application - information about potential demand for Services posted by EasyTap using the functionality of the "EasyTap" Service.
Supervisor - an individual entrepreneur who has gained access to the "EasyTap" Service, acting on behalf of EasyTap to provide Services on his own behalf but at EasyTap's expense in accordance with an agreement concluded with EasyTap and the legislation of the Republic of Kazakhstan.
Collection of Personal Data - actions aimed at obtaining Personal Data.
Processing of Personal Data - actions aimed at accumulation, storage, modification, supplementation, use, distribution, anonymization, blocking and destruction of Personal Data.
3. Subject of the Agreement3.1. EasyTap provides the User with access to the "EasyTap" Service in accordance with the Agreement.
4. Procedure for Providing the "EasyTap" Service4.1. EasyTap provides the User with access to the "EasyTap" Service after completing the registration procedure.
4.2. "EasyTap" provides the User with a Supervisor through the "EasyTap" Service, with whom the User concludes an agreement.
4.3. EasyTap has the right to refuse the User access to the "EasyTap" Service in whole or in part in the following cases:
- violation by the User of the legislation of the Republic of Kazakhstan;
- violation by the User of conditions posted in the "EasyTap" mobile application;
- unfair manipulations on the part of the User, etc.
5. Rights and Obligations of the Parties5.1. Rights and obligations of the User:
5.1.1. The User undertakes to comply with the requirements of the current legislation of the Republic of Kazakhstan.
5.1.2. The User gives consent to EasyTap to conduct marketing activities.
5.1.3. The User undertakes to comply with all rules and norms of labor protection, safety, and other mandatory requirements when providing Services.
5.1.4. The User assumes full responsibility for preserving his life and health in the process of providing Services, confirms that he understands the nature of the actions performed, and agrees that EasyTap and/or the Supervisor are not responsible for harm to life, health, or property of the User arising as a result of his own actions or inaction, including non-compliance with safety regulations.
5.2. Rights and obligations of EasyTap:
5.2.1. EasyTap has the right at any time to refuse the User access to the "EasyTap" mobile application before payment for the "EasyTap" Service, as well as during the period of providing access to the "EasyTap" mobile application, including in case of violation by the User of the terms of the Agreement, legislation of the Republic of Kazakhstan, etc.
5.2.2. EasyTap has the right to conduct marketing promotions in the "EasyTap" mobile application.
6. Confidentiality6.1. The User provides EasyTap with consent to Collection of Personal Data and Processing of Personal Data, transfer to third parties, including EasyTap Partners, and agrees that letters and messages, including advertising, may be sent to his email address and phone.
6.2. EasyTap uses the User's personal data including for:
- User registration in the "EasyTap" mobile application;
- fulfilling its obligations to the User;
- evaluation and analysis of the "EasyTap" mobile application;
- determining winners in competitions;
- conducting analysis and measurement of the "EasyTap" Service, as well as User behavior within the "EasyTap" mobile application, etc.
6.3. It is not considered a violation to provide personal data by EasyTap in accordance with reasonable and applicable legal requirements, to agents and third parties acting under agreement with EasyTap, to fulfill obligations to the User. EasyTap has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties. EasyTap receives information about the IP address of visitors to the "EasyTap" mobile application. This information is not used to establish the User's identity, except in cases of fraudulent actions by the User.
6.4. The User is responsible for the accuracy of personal data transmitted to EasyTap.
6.5. By taking actions to connect the bank card linking service, the User confirms his consent to storage of information by third parties, to bear independent full responsibility for using the bank card linking service; all risks associated with possible use by third parties of login, password, answer to security question, card number, use of automatic authorization, including when sending messages received by email and other information.
6.6. The User gives consent to EasyTap to record telephone conversations to improve service quality and confirm the User's verbal statements.
6.7. The User gives his consent to receive updated information, informational messages with the latest news, new offers, special offers and sale announcements, as well as information about news and offers from EasyTap Partners through SMS, email, as well as push notifications, phone calls and other communication methods.
6.8. The User may choose mailing parameters or refuse it by sending a written notification to EasyTap.
6.9. The fact of concluding the Agreement is not considered by the Parties as confidential information.
6.10. The Parties agreed to consider the text of the Agreement, as well as the entire volume of information transmitted by the Parties to each other during the fulfillment of obligations arising from the Agreement, as confidential information (within the limits allowed by law - commercial secret) of the other Party.
6.11. Each of the Parties, in accordance with Articles 126, 638, 1017, 1018 of the Civil Code of the Republic of Kazakhstan, undertakes not to disclose to third parties in any way without written consent of the other Party its confidential information to which access was obtained during the execution of the Agreement.
6.12. Each of the Parties undertakes to compensate the other Party in full for all losses caused by disclosure of its confidential information in violation of the terms of the Agreement.
6.13. Confidentiality conditions remain in effect for three years from the date of termination of the Agreement.
6.14. Cross-border transfer of personal data during their processing is allowed for fulfillment of obligations under the Agreement.
6.15. The User's consent to collection and processing of personal data is valid for the duration of the Agreement.
7. Liability of the Parties7.1. In case of non-performance or improper performance of obligations under the Agreement, the Parties bear responsibility in accordance with the current legislation of the Republic of Kazakhstan.
7.2. Payment of penalties (fines, penalties) does not exempt the Parties from fulfilling obligations under the Agreement.
7.3. In case of any demands and claims being made against EasyTap, as well as in case of fines being imposed on EasyTap by authorized government bodies due to violation of the terms of the Agreement by the User, the User is obligated to settle the presented demands and claims at his own expense or within ten days from the moment EasyTap presents documents confirming the amount of actual damage suffered, to compensate it to EasyTap.
7.4. If during the entire term of the Agreement no demand for payment of penalties (fines, penalties) was actually made, or there is no court decision on their collection, then the amount of penalties (fines, penalties) is zero percent and is not subject to payment. In case of demands for payment of penalties (fines, penalties), the amount of penalties (fines, penalties) is determined in accordance with the terms of the Agreement.
7.5. EasyTap is not responsible for the impossibility of using the "EasyTap" mobile application, as well as failures in the operation of the "EasyTap" mobile application arising due to the fault of third parties.
7.6. EasyTap, as well as the Supervisor, are not liable for any accidents, injuries, traumas or health damage received by the User in the process of providing Services, if such cases were the result of actions (inaction) of the User himself, including but not limited to: non-compliance with safety rules, labor protection, careless or negligent handling of equipment, inventory, transport, etc.
7.7. By accepting this Offer, the User confirms that he is aware of possible risks associated with providing Services, accepts them, and waives any claims against EasyTap and/or the Supervisor on the specified grounds.
8. Force Majeure8.1. The Parties are released from liability for partial or complete non-performance of obligations under the Agreement if such non-performance was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures. Such extraordinary events include natural disasters, military actions, acts of state authorities and administration, network attacks or hacking of the "EasyTap" mobile application.
8.2. In case of extraordinary circumstances that make it impossible to fulfill obligations under the Agreement, the interested party must notify the other party no later than seven days after this event. Within the subsequent seven days, report on the restoration of normal conditions. If extraordinary circumstances last more than 2 months, the Agreement is considered terminated.
8.3. The Parties must take all reasonable measures to eliminate the existing inability to fulfill their obligations under the Agreement, minimizing the consequences of any force majeure events.
9. Dispute Resolution9.1. Disputes and disagreements that may arise during the execution of the Agreement will be resolved as far as possible through negotiations between the Parties.
9.2. Any disputes and/or disagreements arising from the Agreement or in connection with it (including those concerning its interpretation, performance, violation, termination or invalidity) are subject to settlement in the court of Almaty city in accordance with the legislation of the Republic of Kazakhstan.
10. Term of Validity, Procedure for Amendment, Termination and Termination of the Agreement10.1. The Agreement enters into force from the moment of its signing by both Parties and is valid for one calendar year, and in terms of obligations undertaken by the Parties under the Agreement - until their full performance. If 30 (thirty) calendar days before the expiration of the Agreement neither Party notifies the other Party in writing of refusal of the Agreement, the term of the Agreement is extended for each subsequent calendar year on the same terms, without additional written agreement of the Parties. The number of Agreement extensions is unlimited.
10.2. Termination of the Agreement does not remove from the Parties the obligations provided for in section 7 of the Agreement. Termination of the Agreement or its termination does not release the Parties from liability for its violation, if any, or from fulfillment of obligations not fulfilled on the date of termination (termination) of the Agreement.
10.3. In case of termination, the Agreement ceases to be effective after the Parties fulfill mutual obligations, coordinate and carry out final settlements under the Agreement. At the same time, the obligations of the Parties to ensure confidentiality remain in force for the periods established by the Agreement.
11. Final Provisions11.1. In case of changes in their details, the Parties are obliged to notify each other: orally - immediately, in writing - within three working days from the date of such changes. In case of untimely notification by one of the Parties that has undergone changes, the fulfillment of obligations by the Parties to the Agreement according to old details is proper.
11.2. Notifications, statements, letters and other similar documents may be sent remotely via electronic communication (including using email), which allows reliable establishment that the document comes from a party to the Agreement.
11.3. EasyTap has the right at any time to change the terms of the Agreement by sending notification to the User unilaterally without prior agreement with the User, while ensuring publication of the changed terms (Public Offer for the User) in the "EasyTap" mobile application. At the same time, signing an additional agreement by the Parties is not required.