Information and Technical Services Accession Agreement
Almaty Republic of Kazakhstan

This Information and Technical Services Accession Agreement (the "Agreement") shall constitute an agreement the terms and conditions whereof have been developed in accordance with the laws of the Republic of Kazakhstan, including Article 389 of the Civil Code of the Republic of Kazakhstan, and are established by Halyk Finservice LLP (the "Operator") independently. The Agreement shall determine the terms and conditions for the provision of information and technical services by the Operator to a party (the "Customer") who purchases tickets for various events held by the Organizer in the Republic of Kazakhstan through the use of the kino.kz website and mobile applications via the System, or who subscribes to online cinemas.

The Operator and the Customer shall hereinafter be referred to collectively as the "Parties" and individually as the "Party" or as specified in the Agreement.

The Customer confirms that by using the System, registering and/or making a purchase/performing actions in the System, they fully agree to, and accept, all the terms and conditions of the Agreement without any exceptions or limitations.

If the Customer does not agree with the terms and conditions of the Agreement, they should stop using the System.

1. TERMS AND DEFINITIONS
1.1. Ticket – a strict accountability document sold to the Customer through the System, and entitling the Customer to attend the Event.
1.2. Ticket Code – a unique digital code or QR code sent to the Customer upon Ticket Purchase, which is to be displayed by the Customer to the Organizer to be admitted to the Event.
1.3. Organizer – a legal entity or individual entrepreneur that arranges the Event/provides Subscription services and has entered into an agreement with the Operator for the provision of information and technical services on processing and transferring payment data related to online ticket sales for the Event/Subscription.
1.4. Customer – an individual who purchases a Ticket for an Event/registers for a Subscription through the System and has submitted a Ticket code to attend the Event/uses the Subscription service.
1.5. System – the Operator's software and hardware complex for the "Kino.kz Kazakhstan Cinema Listings" computer, including the kino.kz web portal and mobile applications for iOS and Android platforms, which provides the ability to purchase Organizer Tickets/Subscriptions outside of the box office.
1.6. Event – the Organizer's screening of a movie, theater performance, circus performance, concert, or any other mass cultural event in a specially equipped venue.
1.7. Service fee – the amount withheld by the Organizer from the Ticket price when the Customer returns the Ticket.
1.8. Service - provision of information and technical services to the Customer using the System for the purpose of purchasing a Ticket/registering a Subscription by the Customer.
1.9. Bank – Halyk Bank JSC, which provides services to the Operator and the Customer in connection with the purchase of a Ticket/Subscription for the Organizer's Events on kino.kz web portal.

2. SUBJECT MATTER OF THE AGREEMENT

The Operator shall provide the Customer with the Service for the purpose of enabling the Customer to purchase a Ticket/Subscription in the System from the Organizer.

 

 

3. TICKET PURCHASE

3.1. When purchasing a Ticket in the System, the Customer receives a Ticket Code. The Customer shall be responsible for the safekeeping of the Ticket Code received, and in the event that the Ticket Code is received by a third party, the Customer shall resolve any disputes with such party independently, without involving the Operator or the Organizer.
3.2. When purchasing Tickets at the “Child” or “Student” rates, the Customer is required to provide a supporting document issued by the relevant institution (birth certificate, school certificate, or student ID) when submitting the electronic Ticket to the Organizer. The Organizer does not sell Children’s Tickets, nor does it allow children to attend Events ending after 10:00 p.m. without being accompanied by their legal representatives (parents or guardians with the child’s documents in hand), or Events with age restrictions.

When purchasing a ticket in the Kinopark/Kinoplexx network at the “Student” rate, students shall be considered to be holders of a student ID card/certificate from higher education institutions of the Republic of Kazakhstan (or branches of foreign universities located in the territory of the Republic of Kazakhstan). The Customer has been warned that in the absence of relevant supporting documents, the Organizer shall be entitled to refuse the Customer to attend the Event, and the Operator shall be entitled to cancel the Tickets purchased by the Customer before the start of the Event, refunding the relevant amounts to the Customer and retaining the Service Fee.
3.3. If the Customer purchases Adult/Student Tickets for Events not intended for children and/or if a child is accompanied by a person who is not their legal representative/guardian, the Organizer shall be entitled to refuse to allow the Customer and the child to attend the Event. In this case, the Organizer will not cancel the Tickets purchased by the Customer or refund the cost of these Tickets.
3.4. Taking into account the Organizer's operating procedures and rules, the Customer is required to independently initiate the procedure for returning a Ticket for a cinema screening via the System no later than 2 (two) minutes before the time specified in Section 5 hereof, if ticket returns are permitted under the rules of the Organizer.
3.5. The Customer shall be entitled to transfer/give the Ticket Code/Ticket/Subscription to third parties, in which case the Customer shall resolve all relations and disputes with third parties independently and shall bear full responsibility for the actions of third parties, and for the compliance of third parties with the Organizer’s rules/requirements.

 

 

 

4. TICKET RETURN

4.1. The Customer is hereby notified and agrees that all issues related to Ticket refunds, and the rules and procedures for Ticket refunds and retention, shall be established and regulated by the Organizer. The Operator shall not be liable for Ticket refunds or be a party to any dispute between the Organizer and the Customer regarding Ticket refunds.
4.2. If the Customer requests a refund for a previously purchased Ticket, the Organizer shall be entitled to and shall independently decide to refuse the Customer a refund of the Ticket price if the Ticket has been printed at the Organizer’s ticket office, or if the Event has started, or if less than 48 (forty-eight) hours before the start of the Event, or if the time allotted for the return of the Ticket by the Organizer has expired, or if, according to the Organizer’s Rules, no return of the Ticket is permitted.
4.3. The Organizer has established that the Customer may return a Ticket at the Kinopark/Kinoplexx cinema chain no later than 1 (one) minute before the start of the screening. The Kinopark/Kinoplexx cinema chain shall be entitled to charge the following Service Fee:

• when returning Ticket(s) more than one hour before the start of the screening – 10% (ten percent) of the Ticket(s) price;
• when returning Ticket(s) less than one hour before the start of the screening – 20% (twenty percent) of the Ticket(s) price.

4.4. The Organizer has established that Tickets purchased at the following cinemas/cinema chains may be returned no later than 1 (one) minute before the start of the screening:

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

4.5. Tickets purchased at the following cinema may be returned no later than 15 (fifteen) minutes before the screening:

• Kinoforum 15 (Forum Shopping Mall).

4.6. Tickets purchased at the following cinemas may be returned no later than 30 (thirty) minutes before the screening:

• Eurasia Cinema7;
• Lumiera Cinema;
• Arman Asia Park;
• Arman Cinema Center (Asia Park Mall) (Almaty);
• Arman 3D (MART Mall) (Almaty);
• Cinema Alem (Kokshetau);
• Dostar Cinema;
• Left Cinema.

4.7. Tickets purchased at the following cinemas may be returned no later than 1 (one) hour before the screening:

• Arsenal 3D (Atyrau);
• Aru Cinema;
• Galaxy Cinema;
• Festival Cinema Dolby Atmos 3D;
• Arman 3D (Dostyk Ave., Almaty);
• Kinoman;
• Zodiac Cinema;
• Arsenal;
• Irtysh Cinema Dolby Atmos;
• Cinema Park (Aksai);
• Korkem.

4.8. No Ticket refunds are available for the following cinemas:

• Keruen Cinema (Talan Gallery);
• Smart Cinema;
• Kinoalem;
• Esentai Cinema (Satpayev);
• Step Cinema.

4.9. Tickets purchased for the independent theater “P2P” may be returned no later than 24 (twenty-four) hours before the Event.

 

 

5. RIGHTS AND OBLIGATIONS OF THE OPERATOR

5.1. The Operator shall be entitled to:

5.1.1. in the event of technical failures, suspicions of fraudulent use of the System, including suspicions of resale of Tickets, suspend the Service and/or cancel the Customer’s actions in the System, including, but not limited to, refunding the Ticket price, canceling the Ticket, and notifying the Customer thereof;
5.1.2. send emails and SMS of an informational and promotional nature to the Customer’s email address and mobile phone, and use emails and SMS for the purpose of communicating with the Customer;
5.1.3. at its discretion, set a limit on the number of Tickets for the Organizer’s Event available for purchase by the Customer;
5.1.4. unilaterally change the terms of this Agreement, while ensuring that the amended terms are posted in the System;
5.1.5. in the event of an incorrect Ticket price, cancel the Ticket and notify the Customer thereof;
5.1.6. unilaterally terminate the Agreement and/or discontinue the provision of Services:

1. in the event of improper behavior by the Customer, including, but not limited to, profanity, rude behavior;
2. in the event of a breach of the terms and conditions of the Agreement;
3. in case of suspicion of fraudulent actions by the Customer in the System;
4. in case of subsequent resale of Tickets by the Customer;
5. in other cases at the discretion of the Operator.

5.2. The Operator shall be obliged:

5.2.1. not to disclose the Customer’s address and other personal data to third parties, except for the Organizer, those sending emails and SMS, and those engaged by the Organizers to organize the Event, and in cases expressly provided for by the laws of the Republic of Kazakhstan;
5.2.2. upon the return of the Ticket by the Customer in accordance with the procedure established by the Agreement or the Organizer’s rules, to refund the cost of the Ticket, exclusive of the Service Fee retained by the Organizer, to the Customer’s bank card within 5 (five) business days;
5.2.3. post all amendments to the Agreement or the revised Agreement in the System.

 

 

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. The Customer shall be entitled to:

  6.1.1. use the Services;
  6.1.2. return Tickets on the terms and conditions set by the Organizer;
  6.1.3. contact the Organizer with questions about the Event and/or purchased Tickets;
  6.1.4. terminate the Agreement unilaterally.

6.2. The Customer shall be obliged:
   6.2.1. to independently familiarize themselves with the internal rules of the Organizer whose Event Ticket is being purchased/has been purchased (etiquette, dress code, visiting rules, return rules, deductions, age restrictions, and other information about the Event);
   6.2.2. to comply with the requirements of the Agreement;
   6.2.3. after purchasing a Ticket in the System, to print out the electronic ticket if required and present it for admission;
   6.2.4. to be liable to third parties who the Tickets/Subscription have been transferred to;
   6.2.5. not to transfer access to their personal account;
   6.2.6. to independently track all amendments to the Agreement or the revised Agreement in the System;
   6.2.7. to comply with the Organizer’s internal rules and requirements established for the Event.

 

7. LIMITATION OF THE OPERATOR’S LIABILITY

7.1. The Operator shall not be liable:

   7.1.1. to the Customer for the conduct of the Event by the Organizer, nor for the quality or conditions of its conduct;
   7.1.2. for the cancellation of Tickets/Subscriptions in accordance with sub-clause 7.1.1. of the Agreement;
   7.1.3. for losses and/or other costs associated with the suspension of the Service, cancellation of Tickets, refunds, cancellation of the Event or its poor quality, etc.;
   7.1.4. for duplication of Tickets when sold by the Organizer both in and outside the System;
   7.1.5. for the cancellation/postponement of the Event or its poor quality;
   7.1.6. for all actions of third parties in the Customer’s personal account;
   7.1.7. for losses/damages to third parties and all interactions with third parties in relation to Tickets/Subscriptions transferred by the Customer;
   7.1.8. for age restrictions on the Event established by the Organizer on any media posted on the Internet, social media, banners, and other places;
   7.1.9. for the Organizer’s refusal to admit the Customer to the Event due to violation of the Organizer’s rules, age restrictions for the Event, and other cases of the Organizer’s refusal to admit the Customer to the Event.
7.2. All claims by Customers regarding the return of Tickets, cancellation (non-holding), or the quality of the Event for which Tickets are sold by the Organizer through the System, for losses incurred by the Customer as a result of the cancellation of the Event or its poor quality, shall be made by the Customer exclusively to the Organizer.

 

8. FORCE MAJEURE

8.1. The Parties shall be exempt from liability for non-performance/improper performance of their obligations under the Agreement if such breach of obligations was caused by force majeure circumstances that were unforeseen by the Parties and affected the performance of their obligations under the Agreement, namely: the 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 upheavals, power outages, damage and/or temporary disconnection of telecommunications lines and electricity, software failures.
8.2. If the Agreement is concluded during restrictive measures announced in connection with a pandemic, the occurrence of force majeure circumstances caused by restrictive measures shall be confirmed by a relevant statutory regulation of the authorized body on the introduction of restrictive measures.
8.3. In the cases provided for in clause 10.1. of the Agreement, the term for the performance of obligations under the Agreement shall be postponed in proportion to the time during which such circumstances and their consequences are in effect and/or the Operator shall terminate the provision of the Service and cancel the Ticket/Subscription with a refund, at the discretion of the Operator.

 

9. MISCELLANEOUS

9.1. The Agreement shall be amended by the Operator unilaterally through posting the amended Agreement in the System. Amendments to the Agreement and/or the revised Agreement shall come into force once they are posted in the System, unless other terms for the amendments and/or the revised Agreement to come into force are specified in the information message in the System.
9.2. If the Customer does not agree with the amendments made by the Operator to the Agreement, they shall be entitled to suspend further use of the Services without terminating the Agreement or to repudiate the Agreement by notifying the Operator by sending a scanned copy of the letter by e-mail. If the Customer notifies the Operator of their repudiation of the Agreement, the Agreement shall be terminated from the date of receipt by the Operator of a scanned copy of the Customer’s letter, and the Customer shall be obliged to fulfill all obligations that arose before the date of termination of the Agreement but have not been fulfilled, including payment of any outstanding amounts under the Agreement.
9.3. If the Customer continues to use the Operator’s services after the entry into force of the amendments to the Agreement made by the Operator unilaterally, it shall be deemed that the Customer has accepted all the amendments.
9.4. The Agreement may be terminated at the Customer’s initiative through sending a notice of termination of the Agreement to the Operator’s email address at least 10 (ten) days before the expected date of termination of the Agreement, provided that the Customer’s obligations to the Operator are fulfilled before the date of termination of the Agreement. The Operator shall block the Customer’s operation in the System from the date of receipt of the Customer’s notice of termination of the Agreement.
9.5. The Agreement may be terminated at the Operator’s initiative through sending a notice of termination of the Agreement via any communication channel (email, messenger, SMS) at least 10 (ten) days before the expected date of termination of the Agreement. From the date of sending the notice to the Customer about the termination of the Agreement, the Operator shall block the Customer’s operation in the System.
9.6. In performing their obligations under the Agreement, the Parties or intermediaries undertake not to directly or indirectly engage in actions that qualify as giving/receiving bribes, commercial bribery, abuse of office, or actions that violate the requirements of the laws of the Republic of Kazakhstan, international legal norms, and international treaties of the Republic of Kazakhstan on anti-money laundering and corruption violations, both in relations between the Parties to the Agreement and in relations with third parties and government agencies.
9.7. The Parties have agreed on the following terms and conditions for the Customer’s compliance with information security in the System:

• 9.7.1. The Customer undertakes to take all necessary measures to ensure an adequate level of compliance with the Operator’s information security;
• 9.7.2. The Customer shall ensure that third parties are prevented from accessing the Operator’s information assets;
• 9.7.3. The Customer undertakes not to take any actions that may result in a breach of the Operator’s information security, or failures in the operation of information systems and breaches of their security caused by the actions/inaction of the Customer and/or the interference of third parties;
• 9.7.4. The Customer shall be liable, in particular, for any breach of the Operator’s information security, and for any malfunctions in the Operator’s information systems and breaches of their security caused by the Customer’s culpable actions/omissions and/or interference by third parties, resulting in the following events: loss of information constituting the Operator’s trade secrets and other information protected by law; distortion of protected information – unauthorized modification, falsification; information leakage – unauthorized access to protected information by unauthorized persons (unauthorized access, copying, theft, etc.); unauthorized use of information resources (abuse, fraud, etc.); inaccessibility of information as a result of its blocking, failure, or malfunction of equipment or programs, disruption of the functioning of operating systems of workstations, servers, active network equipment, database management systems, distributed computing networks, virus attacks, etc.;
• 9.7.5. A customer who violates the terms of information security shall be liable under the laws of the Republic of Kazakhstan and shall also be obliged to compensate for the actual damage based on the written evidence provided.

 

9.8. The Parties shall take measures to settle any disputes, contradictions, and disagreements arising under the Agreement through negotiations. If negotiations are impossible or disputes, contradictions, and disagreements cannot be resolved through negotiations, they shall be resolved in court at the location of the Operator.

10. PERSONAL DATA

In accordance with the Law of the Republic of Kazakhstan “On Personal Data and Protection thereof” (the “Law”), the Customer consents to the collection and processing of personal data by the Operator and/or organizations that are part of Halyk Financial Group (Halyk Bank JSC and its subsidiaries (the “Organizations”). All references in the consent form shall refer to the Operator and the Organizations both collectively and individually), personal data, including: surname, first name, patronymic (if any); year, month, date, and place of birth; citizenship; individual identification number; identity document details; biometric data; information about place of residence, legal address (place of registration), place of work; postal and email addresses, telephone numbers; any other personal data for the purpose of providing banking and other services by the Operator and/or Organizations, concluding agreements with the Operator and/or Organizations, as well as performing agreements, obtaining information from third parties, and in other cases when, in accordance with the laws of the Republic of Kazakhstan and/or internal documents of the Operator and/or Organizations, it is necessary to collect or process the Customer’s personal data, including, but not limited to, those related to: notifications and sending requests; providing information, including about the services of the Operator and/or Organizations; requesting and receiving information; debt collection independently and with the involvement of third parties; assignment of rights of claim, transfer of debt; seeking extrajudicial and judicial protection of the rights and interests of the Operator and/or Organizations, execution of judicial and other acts; providing personal data to government agencies and other persons (including those acquiring rights of claim or providing debt collection services), exchanging the Customer’s personal data between the Operator and Organizations.

Consent to the collection and processing of personal data shall be valid for the period of storage of personal data in accordance with the requirements of the laws of the Republic of Kazakhstan. Personal data shall be collected and processed by the Operator and Organizations in ways that do not contradict the laws of the Republic of Kazakhstan. Consent to the collection and processing of personal data shall include the possibility of: the transfer of personal data by the Operator and Organizations to each other; the transfer of personal data by the Operator and Organizations to any third parties; the cross-border transfer of personal data by the Operator and Organizations in the course of their processing; the distribution of personal data by the Operator and Organizations in publicly available sources.

 

11. OPERATOR DETAILS
Halyk Finservice LLP
Address: Non-residential premises 1, bldg. 133/7, 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