Public Offer Agreement with the User of the Website
1. General Provisions
1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is a public offer, and in case of acceptance of the terms set out below, the person making such acceptance shall be deemed to have accepted it, which is equivalent to the conclusion of an Agreement on the terms specified in this public offer.
1.2. In this public offer, unless the context requires otherwise, the following terms shall have the following meanings:
1.2.1. “Agreement” — the public proposal of the Contractor, addressed to any individual/legal entity, to conclude an Agreement on the terms contained in the public offer;
1.2.2. “Contractor” — Corporate Fund El Umiti Fund, which is the owner of the Website;
1.2.3. “Customer” — an individual or legal entity that has concluded an Agreement with the Contractor through Acceptance;
1.2.4. “Acceptance” — in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, full and unconditional acceptance by the Customer of the terms of the Agreement, confirmed through payment for the Services by the Customer;
1.2.5. “Service” — educational services for online training provided by the Contractor in accordance with the Training Program selected by the Customer on the Website;
1.2.6. “Training Program” — a scholarship program for undergraduate, master’s, and doctoral students posted on the Website;
1.2.7. “Website” — a set of electronic documents (files) of the Contractor available on the Internet at https://kingsmedal.ng;
1.2.8. “Personal Data” — information relating to an identified or identifiable data subject, recorded on electronic, paper, and/or other material media;
1.2.9. “Personal Data Subject” — an individual to whom the Personal Data relates;
1.2.10. “Processing of Personal Data” — any action (operation) or set of actions (operations) performed using automation tools or without such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data;
1.2.11. “Price List” — information on the current cost of Services published on the Contractor’s website.
2. Subject of the Agreement
2.1. The subject of the Agreement is the provision of online training Services to the Customer in accordance with the selected Training Program, the terms of the Agreement, and the current Price List of the Contractor.
2.2. The Contractor provides the Service in accordance with the current Price List published on the Website, and the Customer makes payment and accepts the Service in accordance with the terms of the Agreement.
2.3. The Contractor has the right to amend the terms of the Agreement unilaterally at any time without prior agreement with the Customer, ensuring the publication of the amended terms on the Website at https://kingsmedal.ng
no later than three days before their entry into force. This clause does not apply to the cost and terms of Services determined by the Price List at the time of Acceptance.
2.4. The Agreement is the official document of the Contractor and an integral part of the public offer.
3. Procedure for the Provision of Services
3.1. Services are provided in full subject to 100% (one hundred percent) prepayment by the Customer.
3.2. After reviewing the Price List and the text of the Agreement, the Customer creates an electronic application on the Website.
3.3. The Customer pays for the Services online through the electronic payment system (VISA, MasterCard).
3.4. Payment for the Services constitutes Acceptance of the Agreement and full and unconditional acceptance of its terms.
3.5. When purchasing the Service on the Contractor’s Website, the Customer undertakes to provide registration information about themselves: last name, first name, email address, residential address (region), and/or complete registration on the Website.
3.6. Completing the registration forms on the Website automatically constitutes the Customer’s acceptance of the Privacy Policy for the personal data of the Website user and the Confidentiality Agreement regarding the use of the Website user’s personal data.
3.7. The Customer has the right to edit their registration information.
3.8. The Contractor undertakes not to disclose the Customer’s Personal Data to persons not related to the provision of the Service.
3.9. The processing of the Customer’s personal data by the Contractor is carried out on the basis of the Privacy Policy for the personal data of the Website user and the Confidentiality Agreement regarding the use of the Website user’s personal data.
3.10. The Customer is responsible for the accuracy and reliability of the information provided when purchasing the Service.
3.11. The day of payment for the Service shall be considered the date of conclusion of the Agreement between the Contractor and the Customer.
3.12. The Services are provided by the Contractor through granting access to online training on the Website.
3.13. The duration and content of the Training Program shall be determined by the Contractor independently.
4. Rights and Obligations of the Parties, Liability
4.1. The Contractor shall make every effort to ensure the high quality and uninterrupted provision of Services to the Customer in accordance with the selected Training Program and the Price List of Services.
4.2. The Customer is not entitled to copy and/or distribute the Website materials in any way without the Contractor’s permission. In case of attempts or actual unlawful actions by the Customer, the Contractor has the right to refuse to provide the Service to the Customer, having given prior notice thereof, as well as to hold the Customer liable under applicable law for unlawful copying and distribution of materials.
4.3. The Contractor shall not be liable for breach of the terms of the Agreement if such breach is caused by force majeure circumstances.
4.4. In case the Contractor is unable to provide the Services due to their own fault, the Contractor undertakes to refund the money paid by the Customer. In other cases, refunds are not made.
4.5. For non-fulfillment or improper fulfillment of the obligations under the Agreement, the Parties shall be liable in accordance with the applicable laws of the Republic of Kazakhstan.
4.6. Refunds to the Customer, as provided for in clause 4.4 of this Agreement, shall be made minus bank fees and other mandatory charges associated with the refund process. The amount withheld is determined in accordance with the tariffs of the relevant payment systems and banks involved in processing the transaction.
5. Other Conditions
5.1. The Contractor shall refuse to process the purchase of the Service to persons who do not agree with the terms of the Agreement.
5.2. The Contractor reserves the right to make changes to the Agreement, and therefore the Customer undertakes to regularly monitor changes to the Agreement published on the Website https://kingsmedal.ng.