USER AGREEMENT (PUBLIC OFFER)
This User Agreement (hereinafter referred to as the 'Agreement') in accordance with the provisions of the Civil Code of the Republic of Kazakhstan is an official offer (public offer) of First Credit Bureau LLP, BIN 040940002421 (hereinafter referred to as the Operator) to individuals and legal entities, as well as individual entrepreneurs using the internet resource strongest.kz (hereinafter referred to as the User). Throughout this Agreement, the terms 'Parties' (when mentioned jointly) and 'Party' (when mentioned separately) refer to the Operator and/or the User. By continuing to use the strongest.kz website, the User confirms that they have read and fully accept the terms of the Agreement.
1. General provisions
1.1. Terms and definitions:
- Account – a User account created to access the Portal's services.
- Operator – First Credit Bureau LLP.
- Reports – information materials provided by the Operator through the Portal, including KYC (Know Your Customer) reports, analytical reports, financial and legal information.
- User – a person who has access to the Portal and downloads Reports.
- Portal – the Strongest.kz internet resource.
1.2. The Portal is an information resource designed to provide Users with access to Reports. The Agreement is a public offer. Use of the Portal implies the User's full agreement with the terms of the Agreement.
1.3. If the User does not agree with the terms of the Agreement, they must stop using the Portal.
2. Subject matter of the Agreement
2.1. The subject matter of the Agreement is to provide the User with access to the Portal to obtain Reports in accordance with the terms of this Agreement.
3. Registration and authorisation
3.1. To use the Portal's features, you must register or authorise your Account.
3.2. Registration is done by filling out the appropriate forms and is confirmed by a one-time unique code sent to the User's email address. The moment of confirmation of registration by receiving and entering the unique code is considered acceptance of this offer in accordance with clause 1.2 of the Agreement.
3.3. When registering, the User provides accurate data and keeps it up to date.
3.4. The Operator has the right to restrict access or delete the Account in case of violation of the terms of the Agreement.
4. Use of the Portal
4.1. Use of the Portal provides the User with access to Reports in accordance with the Agreement.
4.2. Access to the Portal Reports is provided on a paid basis. The amount of remuneration, the procedure and terms of its payment are established by the current tariffs published on the Portal and are an integral part of this Agreement.
4.3. The use of Reports is permitted solely for the purposes of verifying counterparties, conducting business analysis and complying with legal requirements, in the manner and on the terms provided for in the Agreement.
4.4. The User places an order for a Report by selecting the appropriate type of Report, filling in the parameters for generating the report and making payment for it on the Portal.
4.5. The User pays for the Order in full at the time of placing the order using one of the online payment methods offered on the Website.
4.6. Reports are provided in the following order.
4.6.1. In standard mode, the Report is generated immediately after payment and becomes available to the User in their personal account immediately.
4.6.2. In extended mode – The report requires additional time to prepare. The preparation time is indicated when selecting the appropriate type of report. Order processing begins within 48 hours of payment.
4.7. In both cases, the moment of service provision is considered to be the moment the report is posted in the User's personal account.
4.8. Refunds shall be made only in the event of a material breach of the terms of this Agreement by the Operator, evidenced by documented technical impossibility of providing the paid Report.
4.9. To exercise the right to a refund, the User must send a reasoned notification to the Operator's technical support service, attaching proof of payment and evidence of non-provision of the Service within 24 hours of payment.
4.10. Upon confirmation of circumstances indicating the impossibility of fulfilling obligations for reasons dependent on the Operator, a refund shall be made within 10 working days from the date of receipt of a duly completed application from the User.
5. Rights and obligations of the parties
5.1. The user undertakes:
- to use the Portal in compliance with the legislation of the Republic of Kazakhstan, the provisions of the Agreement and the data included in the Reports;
- to refrain from any actions that violate or may violate the operability of the Portal;
- not to transfer data obtained on the Portal to third parties without the consent of the Operator, except in cases provided for by law;
- in the case of collection and processing of personal data, to comply with the relevant provisions of the legislation of the Republic of Kazakhstan.
5.2. The Operator undertakes:
- to ensure the functioning of the Portal;
- take measures to protect personal data (if any) and confidential information from unauthorised access and loss;
- ensure access to the Portal and Reports in accordance with the terms of the Agreement;
- take measures to protect Users' information and data.
6. Restrictions
6.1. The User is prohibited from:
- changing, decompiling, modifying, reproducing or otherwise interfering with the software, databases and functionality of the Portal;
- using the Portal or Reports to perform actions that violate the rights and legitimate interests of third parties or the requirements of the law.
7. Intellectual Property
7.1. All exclusive rights to the software, databases, design, trade marks, texts, graphic materials, and other intellectual property posted on the Portal belong to the Operator.
7.2. The User is granted limited access to the Portal and Reports solely for use within the limits established by this Agreement.
8. Confidentiality
8.1. The processing and protection of User information is carried out in accordance with the Privacy Policy posted on the Portal.
8.2. The User confirms that they have read the Privacy Policy and agree to its terms.
9. Liability
9.1. The Operator shall not be liable for the information contained in the Reports generated on the basis of data from external sources.
9.2. The Operator shall not be liable for any losses incurred by the User as a result of using or being unable to use the Portal.
9.3. The User is fully responsible for the legality of the use of information obtained through the Portal.
9.4. In case of violation of the legislation of the Republic of Kazakhstan on personal data and their protection, the User shall compensate the Operator for all losses incurred as a result of proceedings within 14 days from the date of receipt of a substantiated claim from the Operator.
9.5. The Operator does not guarantee that the Portal's functionality will meet the individual requirements and expectations of the User, or that the Portal will operate continuously, without interruptions or errors. The Operator takes reasonable measures to maintain the Portal's operability, including during scheduled technical maintenance. The User is obliged to report all detected technical malfunctions to the Operator's technical support service in the manner provided for in this Agreement.
10. Force majeure circumstances
10.1. The Parties shall be exempt from liability for non-performance or improper performance of their obligations under this Agreement if such non-performance was the result of force majeure circumstances that arose after the conclusion of the Agreement and were beyond the control of the Parties.
10.2. Force majeure circumstances include: natural disasters, military actions, terrorist acts, mass riots, the introduction of a state of emergency or martial law, strikes, changes in legislation, decisions of state authorities, as well as other events that the Parties could not have foreseen or prevented.
10.3. The Party affected by force majeure circumstances shall notify the other Party in writing no later than 10 working days from the occurrence of such circumstances.
10.4. The occurrence of force majeure circumstances shall extend the term of performance of obligations for the period of these circumstances and their consequences. If force majeure circumstances continue for more than 30 calendar days, the Parties shall hold additional negotiations to determine further conditions for the performance of obligations under this Agreement.
11. Termination and amendment of the agreement
11.1. The Operator shall have the right to unilaterally refuse to perform the Agreement in the event of a violation by the User of the terms of this Agreement, by notifying the User in writing.
11.2. Upon termination of the Agreement at the initiative of the Operator due to a violation by the User, payment for services rendered shall not be refundable.
11.3. The Operator shall have the right to unilaterally change the terms of this Agreement by publishing a new version on the Portal at least 5 (five) calendar days before the changes come into force.
11.4. The User undertakes to independently monitor changes to the terms of the Agreement. Continued use of the Portal after the changes come into force means that you agree to them.
11.5. If you don't agree with the changes to the Agreement, you must stop using the Portal.
12. Additional terms
12.1. The section titles in the Agreement are for convenience only and don't affect its interpretation.
12.2. The User shall not be entitled to transfer their rights and obligations under this Agreement to third parties without the Operator's consent.
12.3. By accepting the terms of the Agreement, the User confirms that:
- they have fully familiarised themselves with the terms of the Agreement;
- they understand the subject matter of the Agreement and the significance of their actions.
12.4. All information received by the Parties in connection with the performance of the Agreement is confidential.
12.5. The invalidity of individual provisions of the Agreement shall not invalidate the Agreement as a whole.
12.6. The place of conclusion of this Agreement is the location of the Operator.
12.7. All disputes and disagreements arising in connection with the performance of the Agreement shall be settled through negotiations, and if no agreement is reached, in court at the location of the Operator.
12.8. Issues not covered by this Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan.
13. Operator details
First Credit Bureau LLP
Legal address: A05K8B4, Republic of Kazakhstan,
Almaty, 135 Zhibek Zholy Street, Block 2, Floor 9, Office 2091
BIN 040940002421
IIC KZ976017131000004737 KZT
BIC HSBKKZKX
BIC: 17
People's Bank of Kazakhstan JSC
