User Agreement

USER AGREEMENT OF BMH EAST LLP

1. GENERAL
1.1. This User Agreement (hereinafter referred to as the Agreement) shall govern relations between “BMH EAST” LLP (hereinafter referred to as BMH EAST LLP or the Company), on the one part, and any legal body or individual visiting and using the Web-Site at the address of bmh-east.kz, on the other part.
1.2. Terms and Definitions:
• “User” shall mean any legally capable individual or any legal body, becoming a party to this Agreement at their own interest, irrespective whether they are registered at the Web-Site.
• “Web-Site” shall mean any internet sites hosted at the domain of bmh-east.kz and its sub-domains.
• “Service” shall mean any service package provided to the User with hardware and software integrated to the Company's Web-Site;
• “Personal data” shall be information on the User, as referred to the category of personal data with restricted use under the laws of the Republic of Kazakhstan. Personal data on the User may involve: their full name, taxpayer number, e-mail address, phone number, date of birth and any other information personally identifying the User.
• “Confidential Information” shall be information with the access restricted by the owner in accordance with the laws of the Republic of Kazakhstan.
Other terms and definitions used in this Agreement shall be interpreted as per RK laws.
1.3. BMH EAST Web-Site is not mass media.
1.4. Using this Web-Site, the User agrees with terms and conditions of this Agreement.
1.5. This Agreement shall constitute a formal offer to the User for the use of the Web-Site and regulate terms and conditions of the User's provision of information for publication in the information and telecommunication system.
1.6. By starting to visit the Web-Site or use any contents, functions and services proposed at the Web-Site, whether as a guest or as a registered person, the User expresses THEIR CONSENT to all terms and conditions of:
- this User Agreement; and
- the Privacy Policy of BMH EAST LLP.
1.7. If the User does not agree to any terms or conditions of this User Agreement or the Privacy Policy of BMH EAST LLP, such User shall not register with, open or use the Web-Site or its contents.
1.8. The User hereby dutifully confirms that they are 18 or above years old or have reached lawful age under the jurisdiction of their citizenship place or the country from where they access the Web-Site, and that the User may and competent to accept terms and conditions, provisions, obligations, declarations, representations, and warrants, as set out in this User Agreement, as well as acknowledges/understands and undertakes to comply with this User Agreement.
1.9. The Company shall reserve the right to make amendments to this User Agreement from time to time, without any prior notification of the User. The Company shall not give any notice to the User on any changes to this User Agreement, and the User shall track all such changes by themselves.

2. AGREEMENT SUBJECT
2.1. This Agreement shall constitute a formal offer and establish terms and conditions of the Web-Site content use by visitors and users of this Web-Site. This Agreement shall be a legal agreement between the user and the owner Company establishing the rules of the Web-Site use.
2.2. Actual use of the Web-Site, including the User's acquaintance with the Web-Site content (or its part), shall be due confirmation of the User's complete and unconditional consent with the terms and conditions of this Agreement (accept of the Offer conditions). The accept of terms and conditions of this Agreement shall mean that the User has all relevant legal competencies to accept all terms and conditions of this Agreement, capable to comply with the terms and conditions of this Agreement and bear responsibility for any violation of this Agreement, including any legal matters arising from use of the Web-Site.
2.3. All questions arising with the User during their work with the Web-Site may be addressed to the Administration of the Web-Site using the contact details stated at the Web-Site.
2.4. Use of the Web-Site shall be free of charge.

3. RIGHTS AND OBLIGATIONS OF PARTIES
3.1. The User shall have the right to:
• search information at the Web-Site;
• get information from the Web-Site; and
• use information from the Web-Site in their personal non-commercial purposes.

3.2. The Company shall have the right to:
• generate, change and cancel any regulations of this Agreement at its own discretion and when necessary;
• restrict access to any information at the Web-Site;
• the Company shall reserve the right to unilaterally remove any materials from the Web-Site or temporary restrict access to them, without any reasons stating; and
• not to give any notice to Users on any changes to the Agreement.

3.3. The User shall be obliged:
• not to interfere with operation of the Web-Site;
• not to use any scripts (programs) for automatic collection of information and/or interaction with the Web-Site and its Services;
• to comply with the rights and legal interests of third parties when publishing intellectual property items and personal data at the Web-Site;
• neither to violate any rights and legal interests of third parties, including those of the Company, nor make any harm whatsoever, including damages to business reputation;
• not to interfere with normal operation of both individual services of the Web-Site, and the whole Web-Site;
• should any violations of user's rights and/or interests in relation to Service rendering, including illegal publication of materials, are detected, the User should give notice to the Company thereof, by sending a written notification with detailed description of circumstances of such violation and a hypertext link to the Web-Site page contaning materials violating the User's rights and/or interests.
3.4. The Company shall be obliged:
• to maintain operation status of the Web-Site, except for the cases when this is impossible due to the reasons beyond the Company's control.

4. LIABILITIES OF PARTIES
4.1. The Company shall bear no liability for any services rendered by third parties.
4.2. In case of any force-majeure situations (military actions, emergency situation, natural disaster, etc.), the Company shall not guarantee safe keeping and relevancy of information present at the Web-Site, as well as trouble-free operation of the information resource.
4.3. Should the Company be held liable or imposed punishment in relation to the violation of rights and/or interests of third parties committed by the User, as well as any legally established restrictions or prohibitions, the User shall be obliged to reimburse all damages of the Company in full.
4.4. The User shall agree that any information provided to them as a part of the Web-Site may constitute an intellectual property item, the right for which is protected or belong to other Users, partners or advertisers publishing their information at the Web-Site of BMH EAST LLP. The User shall be fully liable for compliance with the requirements of the laws of the Republic of Kazakhstan, including but not limited to the laws on advertising, protection of copyright and associated rights, trademarks and service marks, including the full liability for the use of materials published at the Web-Site of BMH EAST LLP.
4.5. Any text materials (articles, publications freely available at the Web-Site) shall be permitted for distribution in case a reference link to the Web-Site of BMH EAST LLP as a source of such materials publication is made.
4.6. The Company shall bear no liability to the User for any loss or damage incurred by the User as a result of removal, failure, non-relevancy or inability to save any data, information or materials contained at the Web-Site or transferred via it.
4.7. The Company shall bear no liability for any direct or indirect damages incurred as a result of:
• use or inability to use the Web-Site, or any individual services;
• unauthorised access to the User communications; or
• any claims or behavior of third parties at the Web-Site.
4.8. The Company shall bear no liability for any information published at the Web-Site by the User, including but not limited to any copyright-protected information, without direct consent of the copyright owner.

5. OTHER PROVISIONS
5.1. This Agreement shall become effective at any time of this Web-Site use. All matters not covered with this Agreement shall be governed with current laws of the Republic of Kazakhstan.
5.2. This Agreement may be unilaterally terminated by the Company, without prior notification of the User thereon and any consideration payment in relation thereto.
5.3. The Company shall have the right to make amendments to this Agreement. In case of any change, the date of recent update shall be stated in the updated revision. The new revision of the Agreement shall become effective, and the previous revision shall become void at the date of the new revision publication at the Web-Site.
5.4. In case of any discrepancies and disputes arising between the Parties to this Agreement, delivery of a claim (written proposal to settle the dispute voluntary) prior to application to the court shall be mandatory.
5.5. The claim receiver shall give notice to the applicant on the results of their review of the claim in writing, within thirty (30) calendar days from the date of its receipt.
5.6. All disputes under and in relation to this Agreement shall be subject for judgement in the court at the offices of the Company, in accordance with current procedure laws of the Republic of Kazakhstan.