Public Agreement for the provision of the TV+ service to users with an account registered to a mobile number without using the personal account of an subscriber of JSC Kazakhtelecom.
This Public Agreement for the Provision of Television Broadcasting Services (hereinafter referred to as the "Agreement") governs the procedure and terms under which ALACAST Limited Liability Partnership, holding License No. 12016823 dated 22 November 2012 for television and radio channel distribution activities, issued by the Committee of Information and Archives of the Ministry of Culture and Information of the Republic of Kazakhstan (hereinafter referred to as the "Operator"), acting through and represented by its authorized agent, Kazakhtelecom Joint Stock Company (hereinafter referred to as the "Agent"), provides television broadcasting services to a person who has acceded to this Agreement (hereinafter referred to as the "User"). The User and the Operator are hereinafter collectively referred to as the "Parties" and individually as a "Party."
1.TERMS AND DEFINITIONS
Auto-Renewal – the automatic charging of fees for continued access to a specific Service or Trial Period for a subsequent term upon expiration of the preceding access term to the relevant Service or Trial Period. Auto-Renewal is enabled automatically when the User first subscribes to a specific Service or activates a Trial Period. Each subsequent access term to the relevant Service shall be equal to either the immediately preceding access term for that Service or to a newly selected access term for the relevant Service.
Authorization – the process by which the User gains access to the Service by entering the verification code received via SMS.
Acceptance – the User's registration in the Service, as well as the User's use of the Service and any subsequent use thereof.
Content – audiovisual works, the rights to use which are held by the Operator pursuant to license agreements concluded with licensors, and access to which is provided to Users through the functionality of the Service upon subscription to a Tariff Plan and/or an Additional Subscription. For the avoidance of doubt, trailers shall not be deemed part of the Content. Without subscribing to a Tariff Plan and/or an Additional Subscription, Users may be granted access to the first episodes of certain television series. Content includes Video Content, TV Channels, and Additional Subscription Content.
Video Content – copyrighted audiovisual works (films), as well as informational materials relating to such films, including brief textual or audiovisual descriptions or plot summaries, including, without limitation, trailers, posters, and still images, access to which is provided by the Operator through the organization of Video-on-Demand (VOD) services.
SVOD (Subscription Video-on-Demand) – providing Users with access to the catalogue of Video Content available in the VOD library within the Territory, allowing such Video Content to be viewed at any time at the User's discretion, in consideration of a recurring subscription fee.
Video-on-Demand (VOD) – a video-on-demand service constituting one of the additional services available through the Service.
Month – a period of thirty (30) days commencing on the date of payment for access to the relevant Service.
Tariff Plan – the right of access to a set of Services and/or Content provided by the Operator to the User for a specified fee and for a defined period of time in accordance with the terms and conditions of this Agreement. A Tariff Plan includes the list of available TV Channels and Video Content, as well as the applicable fees and the duration of the relevant Service, as determined by the Operator.
Additional Subscription – the right granted to the User to access the Service for viewing TV Channels and Video Content that are not included in the applicable Tariff Plan, for a specified fee and/or subject to specified terms and conditions, for a defined period of time, in accordance with the terms of this Agreement and within the Territory.
Trial Period – a free trial period during which the User is granted access to the Service. The duration of the Trial Period shall be determined by the Operator.
User – an individual who accesses the Service via the Internet and has accepted this Agreement.
Service – the Operator's online television service provided under the "TV+ KAZAKHTELECOM" and "TV+" trademarks (owned by the Agent), delivered to Users through the Platform. The Service enables
Users to access and view Content solely for non-commercial purposes, including access to subscription-based video catalogues of films and television series (SVOD), as well as the ability to watch recorded TV Channel broadcasts (Catch Up) and to use playback control and navigation features when viewing TV Channels and Video Content, including pause, resume, fast-forward, and rewind. Access to the Service is provided via the Internet within the Territory.
Network – irrespective of ownership, the Internet, the Operator's private network, and any third-party networks used by the Operator in the course of its business activities, including mobile and Internet distribution networks.
Territory – the territory of the Republic of Kazakhstan.
TV Channels – television channels, access to which is provided upon successful Authorization in the Service and subscription to the applicable Tariff Plan.
Account (Profile) – a dedicated section of the Service intended for using the Service and interacting with the Agent, access to which is granted to the User upon Registration and Authorization.
Contact Center – the User information and support center. To contact the Support Service, the User may call 160 or send an email to tvplus@telecomkz.
Application — the multimedia application provided under the "TV+ KAZAKHTELECOM" and "TV+" trademarks, enabling Users to access a wide range of Content and intended for viewing TV Channels, films, television series, and other Video Content via the Network within the Territory.
Registration — the process by which a User creates an Account, including completing and/or submitting the registration form on the Service by providing a mobile phone number. A verification code is sent to the specified mobile phone number and must be entered to complete the Registration.
Platform — the combination of the Agent's hardware, software, and technological solutions that enables the provision of the Service to Users.
2.SUBJECT MATTER OF THE AGREEMENT AND GENERAL PROVISIONS
2.1. The Operator provides the Service to the User, and the User accepts and pays for the Service on the terms and in the manner established by this Agreement. The Service is provided by the Operator in accordance with the approved tariffs independently selected by the User.
2.2. This Agreement is a contract of adhesion in accordance with the civil legislation of the Republic of Kazakhstan. The terms and conditions of this Agreement are established independently by the Operator in accordance with the legislation of the Republic of Kazakhstan and the License and are accepted by the User only by acceding to this Agreement in its entirety. If the User does not agree with the terms and conditions of this Agreement, the User shall have the right to terminate the Agreement by cancelling Auto-Renewal through the personal account on the portal https://tv.telecom.kz/ or through the interface of the Application used to provide the Service, without excluding other methods of cancelling the Service/Tariff Plan/Additional Subscription.
2.3. The User shall be deemed to have acceded to this Agreement upon the User's performance of the actions required to fulfill the terms and conditions set forth in this Agreement.
2.4. This Agreement shall be subject to mandatory publication on the Agent's Internet resource at: tv.telecom.kz (hereinafter referred to as the "Official Website"). The Operator reserves the right to amend and/or supplement this Agreement, and the User shall be deemed to have been duly notified upon publication of the amended version of this Agreement on the Internet on the Agent's Official Website. The Operator recommends that Users regularly review the terms and conditions of this Agreement for any amendments and/or supplements. Continued use of the Service after any amendments and/or supplements to this Agreement have been made shall constitute the User's acceptance of and consent to such amendments and/or supplements.
2.5. The Service provided by the Operator under this Agreement may also include the Operator's provision of access for the User to obtain an Additional Subscription for a separate fee, the activation of
which is carried out at the User's own discretion. The Additional Subscription obtained by the User is not included in the cost of the Service Tariff Plan and shall be paid for separately by the User in accordance with the price list in effect with the Operator for the relevant Additional Subscription products at the time they are used by the User.
2.6. By registering with the Service, the User agrees to receive messages and telephone calls containing organizational, technical or other information about the Service, as well as informational materials from the Operator/Agent regarding the availability of new Content, thematic Content selections, special offers, promotional campaigns, and other information relating to the Service.
2.7. The Additional Subscription to the Service shall be activated by the User independently through the Service interface.
3.USER ACCOUNT
3.1. After Registration in the Service, the User obtains access to the User Account.
3.2. By means of the User Account, the User may:
3.2.1. monitor the status of the User's Tariff Plans and/or Additional Subscriptions, payment due dates, as well as the history of payments and Content viewing;
3.2.2. verify the correctness of the linked bank card by displaying the "mask" of such card, i.e. the last four digits of its number;
3.2.3. obtain information about the date of the next charge for the Tariff Plan and/or Additional Subscription;
3.2.4. perform other actions described in this Agreement.
4.TARIFF PLAN
4.1. The Tariff Plan is provided to the User subject to its payment and/or after Authorization to the Service.
4.2. The User and the Operator hereby confirm and agree that access to the Content and paid TV Channels shall be deemed to have been provided at the moment the User pays for and/or subscribes to the Tariff Plan, and/or activates the Trial Period, and/or subscribes to the Additional Subscription. Access to the Video Content and paid TV Channels shall be deemed to have been duly and fully provided by the Operator, regardless of whether the User actually uses such access to the Content.
4.3. In the absence of payment for the Tariff Plan or Additional Subscription selected by the User, paid TV Channels and Video Content shall become unavailable to the User.
4.4. By paying for and/or subscribing to a Tariff Plan, Trial Period, or Additional Subscription, the User confirms that the technical specifications of the User's devices and software comply with the technical requirements necessary for viewing the Content.
4.5. If the User's device does not support the format of the Video Content and TV Channels in accordance with Clause 12.1 of this Agreement, the Operator shall not bear any obligation to reimburse the User for the cost of the paid Tariff Plan or Additional Subscription.
5.PAYMENT
5.1. The fees and terms applicable to the Service Tariff Plans and Additional Subscriptions are indicated on the Tariff Plan and Additional Subscription subscription screens within the Service, as well as in the mobile applications for the iOS and Android operating systems. Thereafter, the User may view information on the fees and terms of the Service Tariff Plan and Additional Subscription in the "Personal Account/Subscriptions" section of the User Account in the Service.
5.2. The Operator/Agent shall not be liable to the User for any charging of fees, cancellation and/or modification of the Tariff Plan, Additional Subscription, or Trial Period of the Service performed by mobile application stores (for example, Apple App Store or Google Play).
5.3. Information on the date of the next charge for the Tariff Plan and/or Additional Subscription shall be available in the "Personal Account/Subscriptions" section of the User Account in the Service.
5.4. All payments made by Users for the Service under this Agreement shall be made to the Agent using the Agent's bank details and shall include all applicable taxes.
5.5. Under this Agreement, the acceptance of payments from Users is carried out with the assistance of TipTop Pay Kazakhstan LLP (hereinafter referred to as the "Payment Operator") (BIN: 160240029779, registered address: Office 113, 90 Shevchenko Street, Almaly District, Almaty 050022, Republic of Kazakhstan).
5.6. The Agent offers the User the following payment methods:
- by means of bank cards of international payment systems (please note that the card number must contain only 16 digits);
- by other methods specified in the "FAQ" section of the website https://tv.telecom.kz/.
5.7. The Agent shall not be liable for the non-receipt or delay in the receipt of funds due to reasons beyond its control, including failures of payment systems, payment gateways, banks, and other parties involved in the payment process.
5.8. The User's obligation to pay for the Service under this Agreement shall be deemed fulfilled from the moment the Agent receives the relevant confirmation from the Payment Operator and/or any other person engaged by the Agent for the purpose of payment processing.
5.9. Upon successful verification of the authenticity of the bank card data by the issuing bank, the User's bank card shall be deemed linked to the Service User Account. The release of the amount reserved during the bank card verification process shall be carried out within the time limits determined by the issuing bank and shall not depend on the Operator and/or the Payment Operator. By linking a bank card to the Service User Account in accordance with this Agreement, the User fully agrees to the application of the bank card payment technology whereby the data of the linked bank card are stored by payment providers and subsequently used to process payments without 3-D Secure authentication and without entering the CVV/CVC code.
5.10. In the event of the loss or replacement of a bank card, and if the User intends to continue using the Service, the User shall verify the new bank card. A notice from the User regarding the loss of the bank card, received by the Agent via e-mail, shall constitute grounds for suspending Auto-Renewal transactions for the Tariff Plan associated with the lost bank card.
5.11. If, on the last day of the paid Service usage period, the bank card linked to the User Account does not contain sufficient funds to pay for the next period of the relevant Service, the Agent shall have the right to suspend the Service from the day following the last day of the paid period.
5.12. The fees charged by the Payment Operator, as well as by other persons involved in the process of payment for the Service, shall be paid by the User independently and at the User's own expense.
5.13. All payments made by the User to the Agent under this Agreement do not include the cost of Internet access or data traffic. The User's Internet service provider or mobile network operator may charge for data traffic in accordance with its applicable tariffs.
5.14. The cost of the Service may be changed by the Operator by making amendments to this Agreement. The User may view the current cost of the Service in the User Account settings, as well as in the Service mobile applications for the iOS and Android operating systems. Information on the cost of the Service may also be obtained by the User in the manner provided for in Clause 5.1 of this Agreement.
5.15. A refund shall be made if the Content is unavailable outside the Territory after Registration with the Service. The User may contact the Service Support Service to request a refund for the actual use of the Service.
5.16. The Agent:
- analyzes its database for the existence of a Service payment transaction made by the User and confirms the possibility of cancelling such transaction;
- in the event of successful verification and confirmation of the possibility of cancelling the Service payment transaction, prepares the data required to perform the refund transaction and submits such data to the Payment Operator for the direct refund of the funds to the User.
6.AUTO-RENEWAL
6.1. Auto-Renewal of the Service is carried out by automatically charging the bank card linked to the User Account in accordance with the rules and terms of the bank and/or payment system, provided that sufficient funds are available on such bank card.
6.2. The User agrees to the contractual debit of funds by the servicing bank from the User's bank card upon expiration of the Trial Period (Section 7 of this Agreement) when subscribing to the Service.
6.3. If there are insufficient funds on the User's bank card at the time of the automatic charge, such automatic charge may be repeated until the funds are successfully charged, within a period of up to thirty (30) calendar days from the date of the first automatic charge attempt.
6.4. The User may cancel Auto-Renewal at any time in the User Account settings through the User's personal account at https://tv.telecom.kz/.
6.5. When accessing the Content through iTunes, the Service cancellation terms available at https://support.apple.com/ru-ru/HT202039 shall apply. When accessing the Content through Google Play, the Service cancellation terms available at https://support.google.com/googleplay/answer/2476088?co=GENIE.Platform%3Dandroid&hl=ru shall apply.
7.TRIAL PERIOD AND PROMOTIONAL CAMPAIGNS
7.1. The Operator may grant the User a Trial Period. The scope of the Content available to the User and the duration of the Trial Period shall be determined by the Operator at its sole discretion. The exact duration of the Trial Period shall be indicated on the subscription screen.
7.2. As part of marketing activities (promotional campaigns, etc.), the Operator may grant the User a Trial Period for the Service for the duration of such activities. The Operator shall independently determine the scope of the Content made available under such activities, as well as any other conditions for granting such access to the User.
7.3. When obtaining and activating a Trial Period for access to the Service, the User links a bank card to the Service User Account and is automatically enrolled in the Auto-Renewal service.
7.4. In the event of promotional campaigns conducted in connection with the provision of the Service, the cost of access to the Service may be changed.
7.5. The cost of the Service under a promotional campaign shall remain valid only for the duration of such promotional campaign.
7.6. Upon expiration of the promotional campaign, the cost of the Service shall be determined in accordance with the prices indicated on the Service subscription screens in accordance with Clause 5.1 of this Agreement.
7.7. If the User does not disable Auto-Renewal, the charges for the Service after the expiration of the promotional campaign shall be made at the prices indicated on the Tariff Plan subscription screens in accordance with Clause 5.1 of this Agreement.
7.8. A specific promotional campaign may require the User to provide the details of a valid bank card.
8.ENTRY INTO FORCE AND TERM OF THE AGREEMENT
8.1. This Agreement shall enter into force upon the expiration of thirty (30) calendar days from the date of its publication on the Agent's Official Website or from the date of Registration with the Service (for new Users) and shall remain in force until terminated in accordance with the legislation of the Republic of Kazakhstan and this Agreement.
8.2. This Agreement may be terminated unilaterally by the Operator in the event the User violates the terms and conditions of this Agreement and/or the applicable legislation of the Republic of Kazakhstan.
8.3. The Operator, in accordance with the requirements of the legislation of the Republic of Kazakhstan and the provisions of this Agreement, may unilaterally amend and/or supplement this Agreement by publishing the amended and/or supplemented version of the Agreement on the Agent's Official Website no later than thirty (30) calendar days prior to the effective date of such amendments and/or supplements. The User shall have the right to withdraw from this Agreement in the event of disagreement with such amendments and/or supplements by cancelling Auto-Renewal through the personal account on the https://tv.telecom.kz/ portal or through the interface of the Application used to provide the Service, without excluding other methods of cancelling the Service/Tariff Plan/Additional Subscription. The current and/or updated cost of the Tariff Plan and Additional Subscription is displayed on the Tariff Plan and Additional Subscription subscription screens in the Service, in the User's profile (User Account) settings, as well as in the Service mobile applications for the iOS and Android operating systems
9.RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. User's Rights:
9.1.1. The User shall have the right to cancel Auto-Renewal at any time by disabling it through the personal account on the https://tv.telecom.kz/ portal used to provide the Service.
9.1.2. The User shall have the right to receive the Service of proper quality in accordance with the terms and conditions of this Agreement.
9.2. User's Obligations:
9.2.1. comply with the terms and conditions of this Agreement;
9.2.2. comply with the legislation of the Republic of Kazakhstan and the rules of international law relating to this Agreement, as well as respect the rights and legitimate interests of the Agent, the Operator, and the Content rights holders;
9.2.3. not disclose the User's authorization and authentication data to third parties and take appropriate measures to configure the User's resources to prevent unauthorized use of such resources by third parties.
In the event of unauthorized use of such data, the User shall immediately notify the Agent using the contact telephone numbers specified on the website http://www.telecom.kz;
9.2.4. where access to the Service, the User Account and/or the Service settings is provided to third parties (including family members and other persons), the User shall bear full responsibility for all actions performed by such persons in connection with the use of the Service, including subscribing to services, making purchases and carrying out other transactions, as if such actions had been performed by the User personally;
9.2.5. refrain from any actions aimed at duplicating, copying, recording or reproducing the Service Content (in whole or in part) on tangible media. The User shall not distribute, provide to third parties or otherwise use the Content (in whole or in part) in any manner not expressly provided for by this Agreement;
9.2.6. regularly and independently check the Official Website and the personal account on the https://tv.telecom.kz/ portal for notifications from the Operator/Agent regarding amendments and/or supplements to this Agreement, as well as information on changes to tariffs, the list and number of TV Channels included in packages, the number of additional channel packages, and Additional Subscription products;
9.2.7. use a bank card of which the User is the lawful holder and in respect of which a relevant agreement has been concluded between the bank and the User. If the User intentionally uses another person's bank card, the User shall bear sole responsibility for any damage caused or that may be caused to the lawful holder of such bank card as a result of the User's actions;
9.2.8. not use the Service in a manner that causes damage to the Operator/Agent and/or third parties, interferes with the use of the Service by other Users of the Operator, violates the legislation of the Republic of Kazakhstan, or uses the Content or any part thereof for commercial purposes or for public performance/public communication;
9.2.9. if damage is caused to the Operator and/or the Agent and/or their Users while using the Service, compensate for such damage and independently, at the User's own expense, settle any claims and/or legal actions brought against the Operator and/or the Agent in connection with such activities of the User;
9.2.10. an individual who has not reached the age of majority in the relevant jurisdiction shall refrain from accepting this Agreement. At the time the User accesses the Service, the Operator is unable to verify the User's age and therefore shall not be liable to the User for the possibility of accessing the relevant Content.
9.3. Operator's Rights:
9.3.1. During scheduled and/or unscheduled maintenance and repair works, the Operator shall have the right to suspend, in whole or in part, the provision of the Service without prior notice, in accordance with the legislation of the Republic of Kazakhstan;
9.3.2. collect, process, store and transfer the User's personal data, including through the use of information systems, for the purposes of performance of this Agreement, provision of the Service, information and reference support, in accordance with the legislation of the Republic of Kazakhstan, as well as collect and process official information about the User for the purpose of transferring such information to the authorized state authority in accordance with the legislation of the Republic of Kazakhstan;
9.3.3. the Operator shall have the right to fully or partially restrict certain actions of the User if such actions violate the requirements of this Agreement and the legislation of the Republic of Kazakhstan.
9.3.4. The Operator shall have the right, without prior notice, to suspend the provision of the Service if the User violates the terms and conditions of this Agreement, as well as in the cases provided for by the legislation of the Republic of Kazakhstan. The provision of the Service shall be resumed provided that the User remedies the existing violations;
9.3.5. The Operator shall have the right to place advertising and/or other information in any section of the Service.
9.3.6. Change the terms and conditions of the Service Tariff Plans and/or Additional Subscriptions during the term of this Agreement. In the event that the Operator changes the Content of a Service Tariff Plan/Additional Subscription, the composition of a Tariff Plan and/or Additional Subscription (including the composition of the TV Channel package and/or Video Content), as well as the cost of the Tariff Plan and Additional Subscription, the Agent shall notify the Users at least ten (10) calendar days before such changes take effect by publishing the relevant notice on the Agent's Official Website. The date of receipt of the notice by the User shall be the date of its publication on the Agent's Official Website. If the User does not agree with the changes to the Service tariff/Tariff Plan/Additional Subscription, the User shall have the right to отказаться from the Service/Tariff Plan/Additional Subscription by cancelling Auto-Renewal through the personal account on the https://tv.telecom.kz/ portal or through the interface of the Application used to provide the Service, without excluding other methods of cancelling the Service/Tariff Plan/Additional Subscription. The current and/or updated cost of the Tariff Plan and Additional Subscription is displayed on the Tariff Plan and Additional Subscription subscription screens in the Service, in the User's profile (User Account) settings, as well as in the Service mobile applications for the iOS and Android operating systems.
9.3.7. The Operator shall have the right to take any lawful measures to prevent unauthorized access to the Service, as well as to the Content, TV Channels and Video Content available therein, and to prevent disruption of the Service or any other actions that violate the rights and legitimate interests of the Operator and/or the Content rights holders;
9.3.8. The Operator shall have the right to offer Users loyalty programs, promotional campaigns, and incentive offers relating to the Service. More detailed information about such programs and offers is available through the Service interface and/or the User Account;
9.3.9. The Operator reserves the right, at its sole discretion, to amend and supplement the terms and conditions of loyalty programs, the requirements for access to the Service, and other conditions at any time without prior notice to the User;
9.3.10. The Operator shall have the right to engage any third parties to perform its obligations under this Agreement without obtaining the User's consent.
10.LIMITATION OF THE OPERATOR'S LIABILITY
10.1. The Operator shall be released from liability for:
- moral and material damage caused as a result of the User's improper use of the Service or uncoordinated actions performed by the User while using the Service;
- any possible losses of the User related to incidental or indirect damage, including financial losses arising from the use of the Service, as well as losses resulting from the use of the User Account by third parties for the purpose of accessing the Service. The Operator/Agent shall not participate in any dispute or conflict that may arise between the User and any third party regarding unauthorized access by such third party to the Service User Account. In the event that any third party brings claims against the Operator in connection with the User's use of the Service, the User undertakes, at the User's own expense, to settle such claims directly with the third party and to indemnify the Operator against any possible losses and legal proceedings.
10.2. The Operator shall not be liable for the content of the Content, its components, individual television programs and their components, changes to the broadcasting schedule, or the discontinuation of television program broadcasting, since the Operator is not the creator of the Content and has no right to interfere with the content of TV Channels and/or television programs included in the Content.
10.3. The Operator shall not be liable for access by persons who have not reached the appropriate age to view Service Content subject to age restrictions.
10.4. The Operator shall not be liable for any direct and/or indirect losses incurred by the User as a result of: access to and use of the User's device by any third party; access to and use of the User's Service User Account by any third party; or any statements or conduct of any third party on the Service.
10.5. The Operator makes no warranties regarding the conformity of the Content to the User's expectations and shall not be liable for any direct or indirect losses related to the use of the Service.
11.LIABILITY OF THE PARTIES
11.1. The Parties shall be liable for the non-performance and/or improper performance of their obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan and this Agreement.
11.2. The User shall be liable to the Operator and/or the Agent for:
- the security of the Service User Account and for any losses that may arise as a result of its unauthorized use.
11.3. If the User's violation of the provisions of this Agreement results in adverse consequences for the Operator and/or the Agent, the User shall, at the User's own expense, compensate the Operator and/or the Agent for the damage caused in the amount determined by the calculations and documentation of the Operator and/or the Agent, unless otherwise provided by this Agreement.
11.4. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement if such non-performance is the result of force majeure circumstances arising after the conclusion of this Agreement due to extraordinary events (including war, epidemics, accidents, fires, earthquakes, floods, as well as the adoption of regulatory legal acts by state authorities) which the Parties could not have foreseen or prevented by reasonable measures.
12.TECHNICAL REQUIREMENTS
12.1. The User's devices and software shall comply with the requirements specified in the "FAQ" section of the website https://tv.telecom.kz/.
12.2. The quality of Content viewing and the operation of the Service as a whole depend on the Internet connection speed and other factors, including the model of the User's device.
12.3. The Operator shall take all actions within its control to ensure the uninterrupted operation of the Service; however, the Operator shall not be liable for interruptions in the operation of the Service (including emergency interruptions and scheduled maintenance), insufficient quality or speed of data transmission, including Internet access, complete or partial loss of any User data stored on the Service, or any other losses incurred by the User that have arisen or may arise from the use of the Service
13.INTELLECTUAL PROPERTY
13.1. All intellectual property objects used and made available through the Service (including the visual design elements of the Service, symbols, texts, graphic images, illustrations, photographs, videos, software, music, and other materials), as well as the Service itself, are the intellectual property of their respective lawful rights holders and are protected in accordance with the intellectual property legislation of the Republic of Kazakhstan and the applicable international treaties.
13.2. Access to the intellectual property objects available through the Service is granted by the Operator solely for the User's personal, non-commercial use for the purpose of viewing such objects exclusively through the Service, without the right to reproduce such intellectual property objects in the memory of the User's devices or to make any other use of such intellectual property objects not provided for by this Agreement, including sale, modification, distribution in whole or in part, communication to the public and/or public performance, and the like.
13.3. Any actions by the User aimed at circumventing the technical protection measures provided for under this Agreement for the purpose of obtaining access to the Content shall constitute copyright infringement, and the User shall bear sole responsibility for such actions in accordance with the legislation of the Republic of Kazakhstan and the rules of international law.
13.4. If the Content or any other information available through the Service is communicated to the public and/or publicly performed, for example, in entertainment venues or leisure facilities, the organizers of such public performance and communication to the public shall bear responsibility and shall independently resolve any claims of rights holders and/or third parties arising from such use.
13.5. Any use of the intellectual property objects available through the Service without the permission of the Operator or the lawful rights holder of the relevant intellectual property objects shall be unlawful and may result in legal proceedings and the imposition of liability upon the infringer in accordance with the applicable legislation of the Republic of Kazakhstan and the rules of international law.
14.TERM OF THE AGREEMENT
14.1. This Agreement shall enter into force upon the expiration of thirty (30) calendar days from the date of its publication on the Official Website and shall remain in force for an indefinite period.
14.2. This Agreement may be terminated:
- by mutual agreement of the Parties;
- in the cases specified in this Agreement;
- in the cases provided for by the legislation of the Republic of Kazakhstan.
14.3. Upon termination of this Agreement, the Parties shall carry out all necessary mutual settlements.
14.4. Upon termination or expiration of this Agreement, the financial obligations of the Parties under this Agreement shall remain in force until they have been fully performed.
15.MISCELLANEOUS PROVISIONS
15.1. This Agreement shall apply to all Users. From the effective date of this Agreement, all prior oral and written arrangements between the Operator and the User shall cease to have effect, and the terms for the provision of the Service to the User shall be determined solely in accordance with this Agreement. Existing Users are not required to re-sign any applications. The User agrees to the terms and conditions of this Agreement at the time of Registration in the Application by means of Acceptance. If the User does not agree with the terms and conditions of this Agreement, the User shall have the right to independently discontinue the Service in accordance with the terms of this Agreement, without the right to any recalculation for the unused period of the Service.
15.2. The Operator/Agent shall maintain electronic records of the User's personal data. The User hereby consents to the Operator/Agent collecting, processing and using the User's personal data and information regarding the User's activities while using the Service, at its discretion, within the scope of its business activities, including the right to transfer such data to authorized state authorities without obtaining any additional consent from the User, in accordance with the legislation of the Republic of Kazakhstan, and the right to use such information for the analysis of television viewing statistics.
15.3. All disputes and disagreements that may arise between the Parties shall be resolved through mandatory pre-trial settlement by means of written negotiations. If such disputes and disagreements cannot be resolved amicably, they shall be settled in court in accordance with the legislation of the Republic of Kazakhstan. Any disputes and disagreements arising out of this Agreement shall be subject to the jurisdiction of the court at the Operator's location.
15.4. This Agreement is executed in the Russian and Kazakh languages. In all matters not covered by this Agreement, the Parties shall be governed by the legislation of the Republic of Kazakhstan.
15.5. If any provision of this Agreement, in whole or in part, is found at present or in the future to be unlawful, invalid or unenforceable, such provision shall not affect the legality, validity or enforceability of the remaining provisions of this Agreement, whether in whole or in part, or of this Agreement as a whole.
15.6. By entering into this Agreement, the User agrees:
- to the receipt of advertising information through the Agent's and/or the Operator's network for the purposes and in the cases where such consent is required under the legislation of the Republic of Kazakhstan;
- to the transfer by the Operator of its rights and obligations under this Agreement to any third party without additional notice to or consent from the User;
- to be governed by the current version of this Agreement published on the Official Website.
16.OPERATOR'S DETAILS
Registered Address of the Operator:
Republic of Kazakhstan, 050013, Office 9, 33 Bukhar Zhyrau Boulevard, Almaty, BIN 070340002603.
17.AGENT'S DETAILS
JSC Kazakhtelecom
Registered Address: 12 Sauran Street, Yesil District, Astana 010000, Republic of Kazakhstan, BIN 941240000193.
Retail Business Division – Branch of JSC Kazakhtelecom
Registered Address: 4th Floor, 115 Zheltoksan Street, Almaty 050000, Republic of Kazakhstan, BIN 170641020490.
10.07.2026