User Agreement

This User Agreement is a public document of the administrator of the experiencenomad.kz website and determines the procedure for the  experiencenomad.kz Platform’s use  and processing, storage and other use of information received by the Administrator from the User on the website or through the mobile application.

The User expresses his full and unconditional agreement that the use of the Platform, as well as any of its parts, in any way implies that the User has become familiar with these Rules and means full and unconditional agreement with their contents. If the User does not accept the terms of the Rules in full, the User is obliged to refrain from using the Platform.

1. Terms and definitions

1.1. For the purposes of this Agreement, the following terms have the following meanings:

• Administration – persons authorized by the Copyright Holder to administer, manage, provide technical support for the Platform and other actions related to its use;
• Content – ​​specially selected and arranged materials (text messages, design elements, graphic images, photographs, audio and/or video works, etc.) that are displayed and can be used using the System on the Site or software Mobile applications;
• Personal Account – the User’s graphical interface on the Website/Mobile Application, providing access, inter alia, to the content and cost of services provided in accordance with the functionality of a particular Service;
• Mobile application is www.kaztour.kz software specially designed for portable (mobile) devices, installed and downloaded by the User on such devices using various software platforms. For the purposes of this Agreement, the Mobile Application includes the current version and all subsequent ones;
• Platform – means the Site and/or Mobile Application;
• Copyright holder – IP “SAGYNTAY”: KAZAKHSTAN, ALMATY, ABAY AVENUE, BUILDING 89, ground floor
• User – Internet user;
• Agreement – ​​this agreement on the use of the Platform;
• Website – a collection of the System, Content and other information contained in the Internet information system, access to which is provided, inter alia, by the domain name www.experiencenomad.kz;
• Services – a set of services for booking tourist products, issuing air and/or railway tickets, booking hotel rooms and other additional services provided to the User using the Platform.

1.2.The Agreement may use terms not defined above. In this case, the interpretation of such a term is made in accordance with the current legislation of the Republic of Kazakhstan, as well as business customs.

2.Order of use

When using the Platform, gaining access to your Personal Account and subsequent use of the Services

2.1. The user undertakes:

2.1.1. Comply with the provisions of the current legislation of the Republic of Kazakhstan, this Agreement and other special documents;

2.1.2. When registering, provide correct, complete and current information about yourself and about the persons on whose behalf such User uses the Services, as well as documents confirming the accuracy of such information in order to confirm the legality of using a bank card and in other cases. The user assumes all possible risks associated with his actions resulting from errors and inaccuracies in the provision of personal data;

2.1.3. Update registration and other personal data if they change;

2.1.4. Inform about unauthorized access to the Personal Account and/or unauthorized use of the User’s password and login;

2.2. The user is prohibited from:

2.2.1. Impersonate another person or legal entity, including their representative. At the same time, registration is possible on behalf of and on behalf of another person, subject to obtaining the necessary powers in the manner and form provided for by the legislation of the Republic of Kazakhstan;

2.2.2. In any way, including, but not limited to, by deception, abuse of trust, hacking, attempt to gain access to the login and password of another User;

2.2.3. Carry out illegal collection and processing of personal data of other persons;

2.2.4. Without the prior written consent of the Copyright Holder, reproduce, copy, process, distribute, modify and otherwise use the Content, System, Website, Mobile Applications and other Results of Intellectual Activity except within the framework of the functionality provided by one or another Service;

2.2.5. Attempt to gain unauthorized access to other computer systems through the use of the Platform;

2.2.6. Use software and take actions aimed at disrupting the normal functioning of the Platform;

2.2.7. Publish, distribute, make available or otherwise use viruses or malware.

2.2.8. Upload, publish, transmit, or otherwise make available to the public or another user any information that contains threats, discredits or insults other users or third parties, is knowingly false, vulgar, obscene, fraudulent in nature, infringes on personal or public interests, promotes racial, religious, ethnic hatred or enmity, any other information that violates legally protected human and civil rights, or otherwise violates the requirements of international law, the legislation of the country of residence or location of the User.

2.2.9. Post on the Site or otherwise distribute or make available to the public personal personal data, addresses, telephone numbers, email addresses, passport details and other personal information of other users or any third parties without their personal written consent to such actions. Receive and extort confidential information about other users and (or) third parties.

2.3. The User confirms and agrees that the Platform or any Services provided for by its functionality may be unavailable at any time for technical reasons. The Copyright Holder reserves the right to carry out necessary preventive or other work at any time at its discretion without prior notice to Users.

3. Responsibilities and rights of the Site Administration

3.1. Responsibilities of the Site Administration:

3.1.1. Provide the User with round-the-clock access to the Site in accordance with the terms of this Agreement, with the exception of periods of suspension of the Site on the basis of Art. 3.2.2.

3.1.2. Take generally accepted technical and organizational measures aimed at ensuring the safety of the User’s information.

3.1.3. Strictly comply with the privacy policy

3.2. Rights of the Site Administration:

3.2.1. Make changes and additions to the text of the Agreement

3.2.2. Suspend the operation of the Site if significant malfunctions, errors and failures are detected in equipment and software, as well as for the purpose of carrying out preventive maintenance and preventing cases of unauthorized access to the Site.

3.2.3. Carry out, at your personal discretion and at any time, various promotions to attract Users and other third parties to use the functionality of the Site.

3.2.4. The site administration has the right to delete the User’s account and (or) suspend, limit or terminate his access to any of the Site services if it finds that, in its opinion, such a User poses a threat to the Site and (or) other users and (or) violates the terms use of the Site.

3.2.5. The Site Administration has the right to send text and graphic information to the User, including advertising information, via SMS notifications and emails. If the User disagrees with the rule specified in this paragraph, the User is obliged to refuse to receive the newsletter by clicking on the appropriate link available in each letter.

The Administration under no circumstances guarantees the User:

• absence of failures and errors in downloads, delays, incorrect and (or) untimely delivery, deletion, loss or non-safety of any information, its quality and reliability, including the User’s information, with the exception of the safety of the User’s personal data;
• that the quality of any Service, as well as information obtained using one or more Services, meet (will meet) the requirements and expectations of the User;
• that the results that may be obtained by the User using the Services will be accurate and reliable and can be used for any purpose or in any capacity (in particular, to establish and/or confirm any facts).

The Administration is not responsible for any direct or indirect consequences of any use or inability to use the Service (including data) and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Service (including data) or its individual components and/or functions, including due to possible errors or failures in the operation of the Service.

In the event of any controversial situations, the User, before applying to the judicial authorities to resolve the dispute, is obliged to take measures for pre-trial settlement by sending a corresponding letter to the Administration, as well as an electronic copy of it to the address:  experience.nomad.qazaqstan@gmail.com . Period for consideration and response to the claim: 30 days from the date of its receipt by the Administrator.

4. Changes to the terms of the Agreement

4.1. The Administration reserves the right, at its sole discretion, to change and/or supplement this Agreement at any time. The administration will publish changes to the Agreement on this page. Continued use of the Service resources by the User after any changes to the Agreement means his acceptance of such changes/additions.

4.2. The latest version of the Agreement replaces all previous agreements between the Administration and the User. The previous version of the Agreement is considered invalid, loses its force and can no longer serve as a fundamental document regulating the relationship between the User and the Administration. If the User disagrees with the changes and (or) additions to this Agreement, the User must stop using the resources of the Site.

5. Final provisions

5.1. This Agreement comes into force from the moment it is posted on the appropriate page provided for by the functionality of the Platform, and is governed by and subject to interpretation in accordance with the legislation of the Republic of Kazakhstan. Issues not regulated in the Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan.

5.2. Changes to the Rules come into force from the date of their publication, unless otherwise specified in the relevant publication.

5.3. Intellectual property rights, including the results of intellectual activity included in the Service or used by it, such as texts, images, design, databases, know-how, trademarks, trade names and other means of identification, etc., belong to the Copyright Holder or are provided to him by other copyright holders under a license.