Человек-муравей и Оса

Public contract (offer)

CONTRACT: (offer)

Аlmaty,2018:

«Ticketon Events» LLP, hereinafter referred to as «Operator», offers to any    private individual or legal entity, jointly referred to as «Buyer», paid services on the Internet (hereinafter-Services).

The present offer in accordance with art. 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter - Contract), full and unconditional acceptance (acceptance) in accordance with article 396 of the Civil Code of the Republic of Kazakhstan is considered to be the implementation of the Buyer's specific actions – click "I agree with the terms of the agreement", located on the Operator's website.

1. TERMS AND DEFINITIONS

  1. The System – Automated ticket sales system, including specialized hardware-software complex designed to work with information resources System, the implementation of the sale of Tickets for the Events, as well as the formation of databases of sold Tickets, including those consisting of web-portal www.ticketon.kz embedded widgets on web-portals-partner system of automation of sales of tickets, installed in automated offices.
  2. Website-web-portal of the Operator www.ticketon.kz

3. Automated cash desks-automated cash desks of the Operator, contractors of the Operator connected to the System. The event is a spectacular event, including: a theatrical performance, a cinema shows in a cinema, a circus performance, a concert in a hall, a club, an outdoor area, a sports competition, any other event.

  1. Entertainment institution – a legal entity or an individual entrepreneur conducting the Event, which gave the authority to issue and sell Tickets for their Activities using the System.
  2. Ticket - a document of strict accountability, implemented by the Buyer using the System, certifying the conclusion between the Entertainment institution and the Buyer of the contract, giving the right to the Client to attend the Event.
  3. Ticket code — a unique digital code sent to the Buyer when buying a Ticket, which must be provided to the Entertainment institution for admission to the Event
  4. Service charge – cash for services, charged by The System Operator to the Buyer when purchasing a Ticket using the System.  For each Ticket, the amount of service fee is determined by the Operator individually. When forming an order and until the moment of payment of the order by the Buyer, the amount of the Service fee is reflected on the order page.

7. Organizer - a legal entity or a private individual engaged in the organization of Events and broadcasting on the distribution of Operator tickets relevant Activities.

2. SUBJECT OF THE CONTRACT

2.1 The Operator provides the Buyer with the opportunity to buy tickets for Events via the Internet.

3. THE RIGHTS AND OBLIGATIONS OF THE OPERATOR

3.1. The Operator has the right to set an additional service fee for the use of the online ticket purchase service, provided that the cost of the service fee is explicitly stated. The service fee is set for the cinema performance. Tickets for all other Events will be sold in the System without charging a service fee. Unless otherwise provided by the organizers of the event.

3.2. Return the ticket purchased by the Client to the Cinema. When the Buyer requests the return of the previously purchased Ticket, the Operator has the right to refuse the Buyer if the Ticket has been printed out at the box office of the Cinema, or if there are less than 30 (thirty) minutes before the Event.

3.3. Return the ticket purchased by the Client to the Theater. When the Buyer requests the return of the previously purchased Ticket, the Operator has the right to refuse the Buyer, if less than 3 (three) hours are left before the performance, unless otherwise provided by the internal rules of the Theater.

3.3.1. The tickets, purchased in State Theatre of Opera and Ballet " Astana Opera " can be exchange and return only in cases of cancellation or transfer of performances. In all other cases, refund and exchange is not possible.

3.3.2. Tickets purchased for the games of the Barys Hockey team are subject to exchange and return only in cases of cancellation or postponement of the match. In all other cases, refund and exchange is not possible.

3.4. Refund the ticket purchased by the Client for concerts and other Entertainment, Sports, Touring events. If the Buyer requests the return of the previously purchased Ticket, the Operator has the right to refuse the Buyer, if there are less than 2 (two) calendar days before the Event.

3.5. When returning to the sold-out Event (where the tickets are sold out in full), the Operator sends a request in writing to the Organizer, and in case of a negative response, has the right to refuse to refund the amount.

3.6. In the event of a refund by the Buyer of an electronic Ticket, the Operator has the right to withhold the service fee upon refund to the Buyer.

3.6.1 Withholding service fee for the return of the Ticket purchased at the Cinema is the amount recorded at the time of registration of the relevant purchase and ranges from 1 to 10% of the nominal ticket price.

3.6.2 Withheld Service charge when you return the Ticket to the Theatre, or any other category of activities is 3% of the face value of the Ticket.

3.6.3 When returning a Ticket purchased for any category of events, a refund is made within 3 (three) working days.

3.7. In the event of a refund by the Buyer of an electronic Ticket, the Operator has the right to offer to save the amount paid by the Buyer in the System for use when buying tickets for the future Events.

3.8. The operator is not responsible for the quality and conditions of the Events, tickets for which are sold using the Operator's system.

All Customer claims concerning cancellation cases or the quality of the Event, tickets for which are sold through the Operator's system, are transmitted to the Organizer for its own consideration. Losses incurred by Customers as a result of the above fact shall be reimbursed solely at the expense of the Organizer of the particular Event.

3.9. The operator has the right to send e-mails and SMS messages of informational and promotional character to the Buyer's e-mail address and mobile phone. However, the Operator undertakes not to transfer the address and other information about the User to third parties.

3.10. The operator has the right, at its discretion, to set a limit on the number of tickets available to purchase by the Buyer for the specified contact details (email address and phone number) for the Event. The exact limit level is indicated by the operator directly on the page of a particular Event on the Operator's website. The user has the right to purchase the number of tickets exceeding the established limit upon prior written agreement with the Operator. In this case, the Operator has the right to refuse the user to purchase the number of tickets exceeding the established limit without explanation.

3.11. According to paragraph 18 of "Rules for the implementation of e-Commerce», approved by Order of acting Minister of National Economy of Kazakhstan № 720 dated 25 November 2015, the Operator, acting as intermediary between the event Organizer and Buyer shall be responsible for contracts concluded by electronic documents (e-mails) in respect of which they were provided.

3.12. The operator has the right at any time to change the terms of this Agreement unilaterally, while ensuring the publication of the amended terms on the site.

4. THE RIGHTS AND OBLIGATIONS OF THE BUYER

4.1. The buyer is solely responsible for the safety of their ticket Code.

4.1.1 When buying a ticket, the Buyer must print out the e-ticket.

4.2. The buyer is obliged to familiarize himself with the internal rules of institutions, tickets in which he acquires (especially etiquette, dress code, visiting rules, etc.)

4.3. The buyer has the right to refund the e-Ticket if the exchange for a paper ticket has not yet been made, in time, according to the subparagraphs of paragraph 3 of this Agreement.

4.4. When buying tickets at the rates of "Children's" or "Student", the Buyer must have supporting documents from the relevant institutions (certificate from school or student card) at the time of presentation in the Entertainment institution of the electronic Ticket. In the absence of relevant documents, the Operator has the right to cancel the tickets purchased by the Buyer with a refund to the Buyer minus the Service Fee, or offer the Buyer to use the amount to pay for future purchases in the System.

The process of ticket refund is prescribed in paragraph 3.3 of this agreement.

4.4.1 The law of «Rights of the Child Act in Republic of Kazakhstan»:

Article 36. Protection of the child from the negative impact of the social environment.

Item 4. It is forbidden to find a child, as well as the admission of its unaccompanied legal representatives to entertainment facilities at night (from 22 to 6 o'clock in the morning).
Item 5. It is forbidden to find a child unaccompanied by legal representatives outside the home from 23 to 6 o'clock in the morning. The legislation of the Republic of Kazakhstan prohibits " the presence of a child, as well as the admission of his / her unaccompanied legal representatives to entertainment facilities at night (from 22 to 6 o'clock in the morning)."

In accordance with this Law, the Operator does not sell tickets at "Children's" rates for events and film sessions ending later than 22.00, as well as for events and films with age restrictions.

In the case of acquisition by the client of tickets at the rate of "Adult" for these categories of activities suitable for a child, the event Organizer has the right not to allow the child to view. In case of occurrence of this situation, the Operator does not cancel The tickets purchased by the Buyer. Refund for these Tickets is also not carried out.

4.5. Visit with children for evening sessions in the movies. The legislation of the Republic of Kazakhstan prohibits " the presence of a child, as well as the admission of his / her unaccompanied legal representatives to entertainment facilities at night (from 22 to 6 o'clock in the morning)." When attending evening sessions with children or films with age restrictions, the cinema administration may require the presentation of a birth certificate and refuse to attend the session, in the absence of documents.  We do not sell children's tickets for sessions ending after 22.00. We also do not sell children's tickets for films with age restrictions.
The process of ticket refund is prescribed in paragraph 3.3 of this agreement.

5. FORCE MAJEURE

5.1. The sides shall be exempt from liability for non-performance or improper performance of obligations under the Agreement for the duration of force majeure. Under force majeure refers to extraordinary and compelling circumstances that impede the fulfillment of obligations of the PARTIES under this Agreement. These include natural phenomena; the effects of a nuclear explosion ,radiation (ionizing radiation) , or radioactive contamination with nuclear weapons materials, production and research work, or radioactive waste; war, military invasion, hostile acts of foreign enemy, hostilities, military maneuvers and related activities of a military nature; civil war, armed insurrection, popular unrest of any kind, riots, violent seizure or violent retention of power; epidemics, epizootics, weather conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. Side of which came the above circumstances, should as soon as possible notify the other party about their occurrence. At the same time, well-known events do not need any confirmation, with respect to other events, it is necessary to Annex the relevant supporting documents, which may be, including, but not limited to, documents originating from the competent state bodies.

6. THE ORDER OF CONSIDERATION OF CLAIMS AND DISPUTES.

6.1. Any differences or disputes that may arise will, to the extent possible, be settled by the parties through negotiations.

6.2. If, for any reason, no agreement is reached in the course of a pre-trial settlement, all disputes and discords that may arise from the present Contract or under the present Contract are subjects to be considered by the Arbitration Court in Almaty (if the Buyer is a legal entity or an individual entrepreneur) or in a court of General jurisdiction at the location of the Operator (if the Buyer is private individual).

6.3. Claims of the Buyer on the provided services are accepted and considered by the Operator only in writing and in the order provided by the current legislation of the Republic of Kazakhstan.

6.4. To resolve technical issues in determining the fault of the Buyer as a result of his unlawful actions in the use of the System, the Operator has the right to independently involve competent organizations as experts. In case of establishment of fault of the buyer, the Last is obliged to reimburse expenses on carrying out examination.

7. DETAILS OF THE OPERATOR:

«Ticketon Events» LLP

Legal Address: Almaty, 050000, St. Nazarbayev, 137, 1st floor.

Actual address: Almaty, 050022, Shevchenko str., 118, ug. Baitursynov str., 3rd floor, office 306.

Tel.: +7 (727) 225-10-50

BIN 151040009124

IBAN KZ53926180219S254000

JC « Kazkommertsbank »

SWIFT KZKOKZKX

Support service:

help@ticketon.kz,

+7 (727) 225-10-50 (Алматы)

+7 (717) 247-63-50 (Астана)

+7 (771) 936 53-53