Public Agreement - at Kino.kz

Public Agreement

Republic of Kazakhstan

This Public Agreement (hereinafter referred to as the Agreement) is the agreement, the terms and conditions of which are developed in accordance with the legislation of the Republic of Kazakhstan, including in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan, and are established by Halyk Finservice LLP (hereinafter referred to as the Operator) independently.
The Agreement determines the terms and conditions of provision of services by the Operator to a person who acceded to this Agreement in accordance with the terms and conditions set forth herein, hereinafter referred to as the Buyer.
The Buyer accepts the terms and conditions of the Agreement by acceding thereto in general at the moment of Purchase of the Ticket through the Operator's System.

1. TERMS AND DEFINITIONS
1. Ticket means a strictly accountable document sold to the Buyer with the use of the System, certifying the conclusion between the Organizer and the Buyer of an agreement entitling the Customer to attend the Event.
2. Customer means an individual who provided the Ticket Code for attending the Event.
3. Ticket Code means a unique digital code (QR) sent to the Buyer when it purchases the Ticket, which should be provided to the Organizer for admission to the Event.
4. Organizer means a legal entity or an individual who organized the Event and signed an agreement with the Operator on provision of informational and technical services for processing and transmission of data on payments related to online sales of tickets to the Event.
5. Buyer means a person who purchases the Ticket for the Event through the System.
6. System means the hardware-software complex for computer system “Current events guide of cinemas of Kazakhstan Kino.kz” of the Operator, composed of the web-portal www.kino.kz and mobile applications for iOS, Android platforms, which provides over-the-counter sales of the Tickets of the Organizer.
7. Event means the Organizer's hosting of a movie, theatrical performance, circus performance, concert and any other mass cultural event in specially equipped premises.
8. Service fee means an amount withheld by the Operator from the cost of the Ticket when the Buyer returns the Ticket.
9. Service means the provision of informational and technical services to the Buyer with the use of the System for the purpose of purchasing the Ticket by the Buyer.
10. Purchase means the registration in My Profile of the Buyer's bank card in the System for online payment for the Ticket.
11. Bank means Halyk Bank JSC that provides services to the Operator and the Buyer/Customer as part of purchase of the Ticket for the Organizer's Events via web portal www.kino.kz.

2. SCOPE OF AGREEMENT
The Operator provides the Buyer with the Service, and the Buyer pays to the Organizer the cost of the Ticket in the System by debiting money from the bank card.

3. OPERATOR'S RIGHTS AND OBLIGATIONS
3.1 If the Buyer requests to refund the previously purchased Ticket, the Organizer has the right to decline the Buyer’s request for refund of the Ticket if the Ticket was printed out at the Organizer's cash desk, or if the Event has started, or if according to the Rules of the Organizer the refund is not possible;
3.1.1 Refund conditions of the Organizers:
3.1.1.1 Refund of the Ticket in Kinopark/Kinoplex cinema network is possible at least 1 (one) minute before the start of the Show. Kinopark/Kinoplex cinema network has the right to establish the following Service Fee that is withheld if the Buyer returns the Ticket purchased in the System:
• if the Ticket(s) is returned more than one hour before the start of the Show - in the amount of 10% (ten percent) of cost of the Ticket(s);
• if the Ticket(s) is returned less than one hour before the start of the Show - in the amount of 20% (twenty percent) of cost of the Ticket(s);
3.1.1.2 Return of the Ticket(s) purchased by the Customer on the Event – if the Buyer requests to refund the Ticket(s) purchased earlier, the Operator has the right to decline the Buyer’s request if there are less than 48 (forty eight) hours before the start of the Event;
3.1.1.3. Refund of the Ticket(s) purchased in Cinemax cinema network is possible at least one (1) minute before the start of the show;
3.1.1.4. Refund of the Ticket(s) purchased in Chaplin cinema network is possible at least one (1) minute before the start of the show;
3.1.1.5. Refund of the Ticket(s) purchased in Lumiera Cinema is possible at least one (1) minute before the start of the show;
3.1.1.6. Refund of the Ticket(s) purchased in Arsenal cinema 3D (Atyrau) is possible at least one (1) hour before the start of the show;
3.1.1.7. Refund of the Ticket(s) purchased in Kinoforum 10 cinema (Forum shopping and recreation center) is possible at least 15 minutes before the start of the show;
3.1.1.8. Refund of the Ticket(s) purchased in Keruen Cinema (Talan Gallery) is impossible;
3.1.1.9. Refund of the Ticket(s) purchased in Eurasia Cinema7 is possible at least 30 minutes before the start of the show;
3.1.1.10. Refund of the Ticket(s) purchased in Aru Cinema is possible at least one (1) hour before the start of the show;
3.1.1.11. Refund of the Ticket(s) purchased in Arman Asia Park (Astana) is possible at least 30 minutes before the start of the show;
3.1.1.12. Refund of the Ticket(s) purchased in Prime Cinema is possible at least one (1) minute before the start of the show;
3.1.1.13. Refund of the Ticket(s) purchased in Atameken cinema is possible at least one (1) minute before the start of the show;
3.1.1.14. Refund of the Ticket(s) purchased in Galaxy Cinema is possible at least one (1) hour before the start of the show;
3.1.1.15. Refund of the Ticket(s) purchased in Festival Cinema Dolby Atmos 3D is possible at least one (1) hour before the start of the show;
3.1.1.16. Refund of the Ticket(s) purchased in Arman cinema center (Asia Park shopping and recreation center) (Almaty) is possible at least 30 minutes before the start of the show;
3.1.1.17. Refund of the Ticket(s) purchased in Arman 3D (МART shopping and recreation center) (Almaty) is possible at least 30 minutes before the start of the show;
3.1.1.18. Refund of the Ticket(s) purchased in Arman 3D (Almaty, Dostyk ave.) is possible at least one (1) hour before the start of the show;
3.1.1.19. Refund of the Ticket(s) purchased in Cinema Alem (Kokshetau) is possible at least 30 minutes before the start of the show;
3.1.1.20. Refund of the Ticket(s) purchased in Illusion Maxima is possible at least one (1) hour before the start of the show;
3.1.1.21. Refund of the Ticket(s) purchased in «Fantasy World Park» is not possible. The ticket(s) are valid until September 30, 2023;
3.1.1.22. Refund of the Ticket(s) purchased in Pixel Family Cinema is possible at least 30 minutes before the start of the show;
3.1.1.23. Refund of the Ticket(s) purchased in Pixel Cinema is possible at least 30 minutes before the start of the show;
3.1.1.24. Refund of the Ticket(s) purchased in Kinoman is possible at least one (1) hour before the start of the show;
3.1.1.25. Refund of the Ticket(s) purchased in Shagala Center is possible at least one (1) hour before the start of the show;
3.1.1.26. Refund of the Ticket(s) purchased in ARTiSHOK is possible at least two (2) hours before the start of the show;
3.1.1.27. Refund of the Ticket(s) purchased in Smart Cinema is impossible;
3.1.1.28. Refund of the Ticket(s) purchased in Sun Cinema is impossible;
3.1.1.29. Refund of the Ticket(s) purchased in Kinoalem is impossible;
3.1.1.30. Refund of the Ticket(s) purchased in Kino Plus cinema is possible at least one (1) minute before the start of the show; 3.1.1.31. For Inna concerts in Almaty and Astana, refunds are made upon request to the contact center;
3.1.1.32. Refund of the Ticket(s) purchased for the event “Nobel Fest: Medical Innovations” is possible at least seventy two (72) hours before before the start of the show;
3.1.1.32. Refund of the Ticket(s) purchased for the event “Nobel Fest: Medical Innovations” is possible at least seventy fourteen (14) days before before the start of the show.

3.2. Operator has the right:
3.2.1. if necessary to change the Customer’s ticket as agreed with the Organizer.
3.2.2. to send e-mails and SMS messages of informational and promotional nature to the Buyer's e-mail and cell phone. At the same time, the Operator undertakes not to transfer the address and other personal data of the Buyer to the third parties, except for the Organizer and the persons who send e-mails and SMS messages, as well as in cases expressly prescribed by the legislation of the Republic of Kazakhstan;
3.2.3. at its own discretion to establish a limit on the number of tickets available for purchase by the Buyer for the Organizer's Event;
3.2.4. unilaterally change the terms and conditions of this Agreement at any time along with ensuring that the amended terms and conditions are posted in the System.
3.3 The Operator is obliged to refund the ticket cost minus the withheld amount of the Service Fee to the Buyer's bank card within three (3) business if the Buyer returns the Ticket in the manner prescribed hereby or by the Organizer's rules.

4. BUYER'S RIGHTS AND OBLIGATIONS
4.1 The Buyer has the right to return the electronic Ticket if the exchange for a paper ticket has not yet been made at the Organizer's cash desk and before the start of the Event within the deadlines established by the Organizer and indicated in the System, under the terms and conditions of this Agreement.
4.2. The Buyer/Customer is obliged independently to read the internal rules of the Organizer, if it purchases/purchased the Ticket for the Event (etiquette, dress code, visiting rules, etc.);
4.3. When the Buyer purchases the Ticket, it should print the e-ticket.

5. TICKET PURCHASE AND REFUND PROCEDURE
5.1. In case of purchase of the Ticket in the System, the Buyer is obliged to have access to the Ticket Code. The Buyer is solely responsible for safety of the Ticket Code received.
5.2 In case of purchase of “Child” or “Student” Tickets, the Buyer is obliged to have supporting documents from relevant institutions (school certificate or student ID card) at the moment of presenting the eTickets to the Organizer. In the absence of the relevant documents, the Organizer has the right not to admit the Customer to the Event, and the Operator has the right to cancel the Tickets purchased by the Buyer before the start of the Event with refund of relevant amounts to the Buyer and withheld Service fee.
No “Child” Tickets are sold and children are admitted to the Events ending later than 10:00 p.m., unaccompanied by their legal representatives (parents or guardians holding the child's documents), or to the Events with age restrictions.
If the Buyer purchases the “Adult” Tickets for the Events that are not intended for a child, as well as if the child is accompanied by a person who is not his legal representative, the Organizer has the right not to admit the child and the accompanying adult to the Show. In this situation, the Operator does not cancel the Tickets purchased by the Buyer and no refund for such Tickets is provided for.
5.3 When purchasing a Ticket in the Kinopark/Kinoplexx network at the “Student” tariff, students are considered to be holders of a student card/certificate from higher educational institutions of the Republic of Kazakhstan (or branches of foreign universities located on the territory of the Republic of Kazakhstan).
5.4 Taking into consideration procedures and rules of the Organizer, the Customer should start cinema ticket refund procedure at least 2 minutes prior to the time specified in clause 1 of this Policy.

6. LIMITATION OF OPERATOR'S LIABILITY
6.1. The Operator is not responsible for the Organizer's holding the Event, as well as for the quality and conditions of its holding, the Ticket for which is purchased in the System. All claims of the Buyer/Customers regarding cancellation (not holding) or quality of the Event, Tickets for which are sold through the System, are presented by the Buyer/Customer exclusively to the Organizer. Loss incurred by the Buyer as a result of cancellation or poor quality of the Event are reimbursed exclusively by the Event' Organizer.

7. FORCE MAJEURE
7.1 The Parties shall be exempt from liability for non-performance/improper performance of their obligations hereunder, if such violation of obligations is caused by force majeure circumstances unforeseen by the Parties and affecting the performance of their obligations hereunder, namely: adoption by authorities of the Republic of Kazakhstan and their officials of acts / measures prohibiting or limiting the activities of the Parties directly related to the Scope of the Agreement, as well as natural disasters, social catastrophes, disconnection of electrical service, damage and/or temporary disconnection of telecommunication lines and electric power, software malfunctions.
7.2 If this Agreement is concluded during the period of restrictive measures announced in connection with the pandemic of coronavirus infection COVID-19, the occurrence of force majeure circumstances caused by restrictive measures are confirmed by the relevant regulatory legal act of the authorized body imposing the restrictive measures.
7.3 In the cases stipulated by Clause 7.1. of the Agreement, the term of performance of obligations hereunder is postponed in proportion to the term during which such circumstances and their consequences are in effect.

8. CLAIM AND DISPUTE RESOLUTION PROCEDURE
8.1. All disagreements or disputes that may arise shall if possible be settled by the Parties through negotiations.
8.2 If an agreement for any reason is not reached during the pre-trial settlement within fifteen (15) days from the date of receipt by either Party of the other Party's written claim, the dispute arising out of this Agreement shall be considered in the court at the location of the Operator (if the Buyer is an individual) or in the specialized inter-district economic court of Almaty (if the Buyer is a legal entity).
8.3 The Buyer’s claims related to the provided Services are accepted and considered by the Operator only in written and in the manner prescribed by the applicable legislation of the Republic of Kazakhstan.
8.4 The Operator has the right independently to engage experts to resolve technical issues in determining the fault of the Buyer as a result of its improper actions when using the System. If the Buyer's fault is determined, it shall reimburse to the Operator the loss incurred, including the costs of expert examination.

9. PERSONAL DATA
9.1 In accordance with the Law of the Republic of Kazakhstan “On Personal Data and Protection thereof”, the Buyer/Customer provides the Organizer with the consent for collection and processing of its personal data for the purpose of concluding and executing the Agreement with the Organizer.
The Organizer collects and processes the Buyer’s/Customer's personal data in the manner that does not contradict the legislation of the Republic of Kazakhstan.

10. OPERATOR'S DETAILS:
Location:
050046 Almaty, Bostandyk district, Gagarin Ave.,
building 133/7, settlement 1, Republic of Kazakhstan,
BIN 040740008423
BIK HSBKKZKX
IIC KZ816017131000002212
with Halyk Bank JSC
Beneficiary Code 15