Public Agreement

Public Information and Technical Services Agreement

Republic of Kazakhstan

This Public Information and Technical Services Agreement (the “Agreement”) is an agreement the terms and conditions whereof have been developed in accordance with the laws of the Republic of Kazakhstan, including Article 387 of the Civil Code of the Republic of Kazakhstan, and established by Halyk Finservice LLP (the “Operator”) independently.
The Agreement shall determine the terms and conditions of provision by the Operator of information and technical services to a person who purchases tickets to various events held by the organizers in the Republic of Kazakhstan / subscription to online cinemas through the System by using the website www.kino.kz and mobile applications (the “Buyer”).

1. TERMS AND DEFINITIONS

  1. Ticket is a strictly accountable document sold to the Buyer using the System, and certifying the conclusion of an agreement between the Organizer and the Buyer entitling the Buyer and the Customer to attend the Event.
  2. Subscription is the use of interactive television services (the “online cinema”), including the receipt by the Buyers of term rights to use information, analytical and other materials (the “Content”) placed in software, hardware, visual and other equipment, and used for the purpose of providing the Users with access to the Content.
  3. Customer is an individual who has submitted a Ticket code to attend the Event/uses the Subscription service.
  4. Ticket Code is a unique digital code (QR) sent to the Buyer upon Purchase of the Ticket, which is to be submitted by the Customer to the Organizer for admission to the Event.
  5. Organizer is a legal entity or an individual entrepreneur organizing the Event / providing Subscription services, which has entered into an information and technical services agreement with the Operator for the processing and transmission of data on payments related to the online sale of tickets to the Event / Subscription.
  6. Buyer is a person purchasing a Ticket to the Event/applying for Subscription through the System.
  7. System is a hardware and software complex for “Kino.kz Kazakhstan Cinemas Playbill” computer system of the Operator, including the web-portal www.kino.kz and mobile applications for iOS, Android platforms, providing the possibility of sales of the Organizer’s Tickets/purchase of Subscription other than through cash desks.
  8. Event is a screening of a movie, theatrical performance, circus performance, concert and any other mass cultural event held by the Organizer in a specially equipped room.
  9. Service fee is an amount withheld by the Operator from the cost of the Ticket when the Buyer returns the Ticket.
  10. Service is provision of information and technical services to the Buyer using the System for the purposes of purchasing a Ticket/Subscription by the Buyer.
  11. Purchase is attachment of the Buyer’s payment bank card in the System for online payment for the Ticket/Subscription in their personal account.
  12. Bank is Halyk Bank JSC providing services to the Operator and the Buyer/Customer within the framework of purchase of the Ticket/Subscription to the Organizer’s Events on the web-portal www.kino.kz.

2. SUBJECT MATTER OF THE AGREEMENT
The Operator shall render the Service to the Buyer, and the Buyer shall pay the cost of the Ticket / Subscription in the System to the Organizer through debiting the bank card.

3. TICKET PURCHASE
3.1. When the Buyer purchases a Ticket in the System, they need to have access to the Ticket Code. The Buyer shall be solely responsible for the safety of the received Ticket Code.
3.2. When purchasing Child or Student tickets, the Customer shall provide a supporting document issued by the relevant institution (school certificate or student ID card) when submitting the electronic Ticket to the Organizer.
The Organizer shall not sell Child Tickets or admit children to the Events ending later than at 22:00, unaccompanied by their legal representatives (parents or guardians having the child’s documents), nor to the Events with age restrictions.
When purchasing a Student Ticket in Kinopark/Kinoplexx cinema chain, students shall be deemed to be holders of a student ID card/certificate from higher educational institutions of the Republic of Kazakhstan (or branches of foreign universities located in the territory of the Republic of Kazakhstan).
The Buyer is informed that in the absence of relevant supporting documents, the Organizer shall be entitled not to admit the Customer to the Event, and the Operator shall be entitled to cancel the Tickets purchased by the Buyer before the start of the Event, with the relevant amounts being returned to the Buyer and the Service Fee being withheld.
3.3. In case the Buyer purchases Adult/Student Tickets for the Events not intended for a child, and in case the child is accompanied by a person other than a legal representative/guardian thereof, the Organizer shall be entitled not to allow the Customer and the child to watch the Event. In case of this situation, the Operator shall not cancel the Tickets purchased by the Customer, nor any refund shall be made for these Tickets.
3.4. Given the operating procedures and rules of the Organizer, the Customer should start the procedure of refunding the Ticket for the session at the cinema no later than 2 (two) minutes before the time specified in Section 5 hereof.

4. SUBSCRIPTION
4.1 The Buyer shall go through the registration procedure in the System.
4.2 The Buyer shall receive a unique identification code via SMS or email to the specified phone number or email, which is to be entered for further login to the personal account.
4.3 Prior to completing the Subscription, the Buyer shall obligatorily undergo the procedure of agreeing to the Agreement and the User Agreement of the Subscription Organizer.
4.4 In “koru” section in personal account, the Buyer shall be offered a free trial period, which they agree to by making a Purchase. The term of the free trial period is 14 calendar days.
4.5 After making a Purchase, the Customer shall receive a message “Subscription to kino.kz online movie theater has been successful”.
4.6 Subscription is available to the Buyer who has reached 18 (eighteen) years of age. 4.7 Payment for subscription is made automatically on a monthly basis.

5. TICKET RETURN
5.1. When the Buyer requests to return a previously purchased Ticket, the Organizer shall be entitled to refuse to refund the cost of the Ticket to the Buyer, if the Ticket has been printed at the Organizer’s cash desk, or if the Event has started, or if there are less than 48 (forty-eight) hours left before the start of the Event, or if, pursuant to the Organizer’s Rules, no return of the Ticket is allowed.
5.2 The Buyer/Customer may return the Ticket in Kinopark/Kinoplexx cinema chain at least 1 (one) minute before the start of the session. Kinopark/Kinoplexx cinema chain is entitled to set the following Service Fee, which shall be withheld when the Buyer returns the Ticket purchased in the System:

  • -- when returning the Ticket(s) more than one hour before the start of the session - in the amount of 10% (ten percent) of the cost of the Ticket(s);
  • -- when returning the Ticket(s) less than one hour before the start of the session - in the amount of 20% (twenty percent) of the cost of the Ticket(s).

5.3 The Ticket purchased within the chain of the following cinemas can be returned at least 1 (one) minute before the start of the session:

  • Cinemax,
  • Chaplin,
  • Prime Cinema,
  • Atameken Cinema,
  • Kino Plus;
  • Baiterek 3D cinema.

5.4 The Ticket purchased to the following cinemas can be returned at least 15 (fifteen) minutes before the start of the session:

  • Kinoforum 10 (Forum Shopping Mall).

5.5 The Ticket purchased to the following cinemas can be returned at least 30 (thirty) minutes before the start of the session:

  • Eurasia Cinema7,
  • Arman Asia Park,
  • Lumiera Cinema,
  • Arman Cinema Center (Asia Park Shopping Mall) (Almaty),
  • Arman 3D (MART Shopping Mall) (Almaty),
  • Cinema Alem (Kokshetau),
  • Pixel Family Cinema,
  • Pixel Cinema;
  • Dostar Cinema;
  • Aizhuldyz Cinema.

5.6 The Ticket purchased to the following cinemas can be returned at least 1 (one) hour before the start of the session:

  • Arsenal 3D (Атырау),
  • Aru Cinema,
  • Galaxy Cinema,
  • Festival Cinema Dolby Atmos 3D,
  • Арман 3D (Almaty, Dostyk str.);
  • Kinoman;
  • Shagala Center;
  • Zodiac Cinema;
  • Arsenal;
  • Irtysh Cinema Dolby Atmos;
  • Cinema Park (Aksay);
  • Korkem.

5.7 No returns of the Ticket after its purchase are provided by the Organizers at the following cinemas:

  • Keruen Cinema (Talan Gallery);
  • Smart Cinema,
  • Sun Cinema,
  • Kinoalem,
  • Esentay Cinema (Satpayev);
  • Step Cinema.

5.8. The Ticket(s) purchased at Artishok Theater can be returned no later than 2 (two) hours before the start of the Event;
5.9. The Organizer does not provide for a refund of the Ticket to the Fifth World Nomad Games after its purchase;
5.10. The Ticket(s) purchased at Independent theater «P2P» can be returned no later than 24 (twenty four) hours before the start of the Event;
5.11. Tickets for the "Orda in Astana" event are non-refundable and non-exchangeable.

6. SUBSCRIPTION CANCELATION
6.1. The Subscription may be canceled on any date, and the Subscription amount paid for the current month is non-refundable, no recalculation for the non-used period shall be made.
6.2. When requesting to cancel the Subscription, the Customer shall be authorized in their personal account in the System, and in “koru” section of the Customer’s personal account, after selecting the Subscription cancellation operation, the Subscription status will be changed to “canceled”, and “Subscription cancelled” message will be displayed.
6.3. The Subscription will be terminated upon expiration of the paid Subscription period.

7. RIGHTS AND OBLIGATIONS OF THE OPERATOR
7.1. The Operator shall be entitled to:

  • 7.1.1. replace the Ticket, if necessary, upon agreement with the Organizer; |
  • 7.1.2. send informational and advertising e-mails and SMS to the Buyer’s e-mail and cell phone;
  • 7.1.3. set a limit on the number of Tickets available for purchase by the Buyer for the Organizer’s Event at its own discretion;
  • 7.1.4. unilaterally amend the terms and conditions of this Agreement, ensuring that the amended terms and conditions are posted in the System.

7.2. The Operator shall be obliged to:

  • 7.2.1. not to transfer the address or other personal data of the Buyer to third parties, except for the Organizer, or persons sending e-mails and SMS, or in cases directly established by the laws of the Republic of Kazakhstan;
  • 7.2.2. in case of return of the Ticket by the Buyer as established hereby or by the Organizer’s rules, refund the cost of the Ticket, including the deducted amount of the Service Fee, to the Buyer’s bank card the funds were debited from upon purchase of the Ticket(s), within 3 (three) business days.

8. RIGHTS AND OBLIGATIONS OF THE BUYER
8.1. The Buyer shall be entitled to:

  • 8.1.1. return an electronic Ticket in case no exchange for a paper Ticket has yet been made at the Organizer’s cash desk and before the start of the Event, within the terms established by the Organizer and specified in the System, under the terms and conditions hereof.

8.2. The Buyer shall be obliged to:

  • 8.2.1. Independently get acquainted with the internal rules of the Organizer for the Event whereof the Ticket is being/has been purchased (peculiarities of etiquette, dress code, rules of attendance, etc.);
  • 8.2.2. Comply with the requirements of this Agreement;
  • 8.2.3. After purchasing a Ticket in the System, print out the electronic Ticket. The electronic Ticket shall be submitted by the Buyer/Customer to enter the Event.
  • 8.2.4. Get acquainted and comply with the User Agreement of the Subscription Organizer posted on the website www.kino.kz and in the mobile application.

9. LIMITATION OF THE OPERATOR’S LIABILITY
9.1. The Operator shall not be liable to the Buyer and/or the Customer for the conduct of the Event by the Organizer, or for the quality and conditions of its conduct, the Ticket wherefore was purchased in the System. Any claims of the Buyers/Customers regarding the cancellation (non-conduction) or quality of the Event the Tickets wherefore are sold by the Organizer through the System, shall be submitted by the Buyer/Customer solely to the Organizer. Losses incurred by the Buyer as a result of the cancellation of the Event or its poor quality shall be reimbursed solely by the Organizer of the Event.
9.2. The Operator shall not be liable to the Buyer for the quality and conditions of the purchased Subscription, troubles resulting from the cancellation of the Subscription. Any claims of the Buyers regarding the cancellation or quality of the Subscription shall be submitted by the Buyer solely to the Organizer. Losses incurred by the Buyer as a result of cancellation of the Subscription or its quality shall be reimbursed solely by the Subscription Organizer.

10. FORCE MAJEURE
10.1. The Parties shall be released from liability for non-fulfillment/improper fulfillment of their obligations under the Agreement, if such breach of obligations was a result of force majeure circumstances unforeseen by the Parties and affecting the fulfillment of their obligations under the Agreement, namely: adoption by the authorities of the Republic of Kazakhstan and their officials of acts/measures prohibiting or restricting the activities of the Parties directly related to the Subject Matter of the Agreement, and natural disasters, social disasters, power outages, damage and/or temporary disconnection of telecommunication lines and electricity, software failures.
10.2. If this Agreement is concluded during the period of restrictive measures declared in connection with the pandemic, the occurrence of force majeure circumstances caused by restrictive measures shall be confirmed by the relevant statutory regulation of the authorized body on introduction of restrictive measures.
10.3. In cases stipulated by clause 10.1 of the Agreement, the term of fulfillment of obligations under the Agreement shall be postponed proportionally to the time during which such circumstances and their consequences are in effect.

11. PERSONAL DATA
11.1. In accordance with the Law of the Republic of Kazakhstan “On Personal Data and Protection thereof”, the Buyer gives the Operator, the Organizer, and the Bank, its consent to the collection and processing of its personal data for the purpose of purchasing Tickets/Subscription through the System and execution of the Agreement. The Buyer undertakes to obtain the consent of the Customer, who it purchases a Ticket/Subscription for, to the collection and processing of the Customer’s personal data by the Organizer. The Buyer’s personal data shall be collected and processed by the Operator in ways that do not contradict the laws of the Republic of Kazakhstan.

12. DETAILS OF THE OPERATOR
Location:
133/7, premises 1, Gagarin Ave., Bostandyk district, Almaty, 050046,
Republic of Kazakhstan
BIN 040740008423
BIC HSBKKZKX
IIC KZ816017131000002212
Halyk Bank JSC
Beneficiary code 15
Call Center: +7 705 927 80 09