Public contract (offer)
Almaty city, 2021
Ticketon Events LLP, hereinafter referred to as the Operator, offers any individual or legal entity, hereinafter referred to as the Buyer, paid services on the Internet (hereinafter referred to as the Services).
The present offer in accordance with art. 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter - the Agreement), full and unconditional acceptance of its terms (acceptance) in accordance with art. 396 of the Civil Code of the Republic of Kazakhstan shall be considered the Buyer's performance of conclusive actions - pressing the button "I agree to the terms of the Agreement", located on the Operator's website.
1. TERMS AND DEFINITIONS
System means the Automated Ticketing System, including the specialized hardware and software complex designed to work with the information resources of the System, the sale of Tickets for the Events, as well as the formation of databases on the Tickets sold, including the web-portal www.ticketon.kz, built-in widgets on the web-portals of the partners, the ticket sales automation system installed in the automated ticket offices.
Website - the Operator's web-portal www.ticketon.kz
Automated ticket offices - automated ticket offices of the Operator and the Operator's counterparties connected to the System.
Event - a spectacular event, including: a theatrical performance, a movie in a theater, a circus performance, a concert in a hall, club, outdoor venue, a sports competition, any other event.
Entertainment institution (Facility) - a legal entity or individual entrepreneur holding the Event, which has authorized to issue and sell Tickets for its Events using the System.
Ticket - a strictly accountable document sold to the Buyer using the System, certifying the conclusion of the agreement between the Entertainment Institution and the Buyer, which entitles the Customer to attend the Event.
Ticket Buyer (Buyer) - a natural person, on whose name the order is issued.
Ticket Holder - an individual person presenting the Ticket to the Event.
Ticket code - a unique digital code sent to the Buyer when purchasing the Ticket, which shall be provided to the Entertainment Institution for admission to the Event.
Service Fee - monetary funds for service fees charged by the System Operator from the Buyer when purchasing the Ticket using the System. For each Ticket the amount of the service fee is determined by the Operator individually. When forming the order and before the payment of the order by the Buyer, the amount of the Service Fee is reflected on the page of the order.
Organizer - a legal entity or an individual, organizing the Events and transferring the tickets to the relevant Events for distribution to the Operator.
«Live Brighter» bonus program (BP) - shall mean a program allowing its participants to receive bonuses for purchases and/or other actions envisaged by the Bonus Program on the Operator's website Ticketon.kz and use them for future purchases.
Bonus - a form of discount provided by the Operator to the participant in accordance with the present Rules, which can be used when paying for purchases on the website www.Ticketon.kz
Gift Bonus - a burnable point of the bonus program awarded at the Operator's discretion within marketing campaigns. The period of validity of Gift Bonuses is determined by the Operator.
Bonus Account - an aggregate of accounting and information data in the Operator's Program database on the Program Participant, the number of accrued/withdrawn/burned Bonuses and current balance.
Personal Area (PA) - the Participant's personal page on the Program website www.Ticketon.kz or in the Ticketon mobile application. In the Personal Area the Participant of the program can see the history of orders/purchases and the Bonus Account. Registration of the Participant on the site automatically expresses consent to the use and storage of personal data of the Buyer for the purposes of the "Live Brighter!" bonus program.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 The Operator shall provide the Buyer with the opportunity to purchase Tickets for the Events via the Internet.
3. OPERATOR'S RIGHTS AND OBLIGATIONS
3.1 The operator has the right to set an additional Service fee for the use of the Internet ticket purchase service, subject to the explicit indication of the service fee. The service fee is set for cinema screenings and events with the participation of foreign artists. Unless otherwise provided by the organizers of the event.
3.2 Return of the Ticket purchased by the Customer to the Cinema. If 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 Cashier's Office of the Cinema, or if there are less than 30 (thirty) minutes before the beginning of the Event.
3.2.1 Tickets purchased at the Keruen Cinema are subject to exchange and refund only in cases of cancelled or postponed sessions. In all other cases, refunds and exchanges are not made.
3.3 Return of the Ticket purchased by the Customer to the Theatre. When the Buyer requests the return of the previously purchased Ticket, the Operator has the right to refuse the Buyer if there are less than three (3) hours before the beginning of the performance, unless otherwise provided by the internal rules of the Theater.
3.3.1 Tickets purchased at the Astana Opera are subject to exchange and refund only in cases of cancellation or postponement of performances. In all other cases no refund or exchange is permitted.
3.3.2 Tickets purchased for the match of HC "Barys" shall be exchanged and returned only in cases of cancellation or postponement of the match. In all other cases, no refund or exchange is made.
The tickets purchased for the theater "Astana Ballet" shall be exchanged and returned not less than 3 calendar days before the beginning of the event. 3.3.4.
3.3.4 Tickets purchased for events that are in the repertory plan of the institution (any touring non-repertory performances and events held on the territory of the theater belong to the category of touring) shall be refunded according to paragraph 3.4, unless otherwise provided by the theater and this is not indicated on the page with the description of the event refund is made according to paragraph 3.3.
3.4 Refund of the Ticket purchased by the Customer for concerts and other Entertainment, Sports and Touring events. When the Buyer requests the return of the previously purchased Ticket, the Operator has the right to refuse the Buyer, if there are less than two (2) calendar days before the start of the Event.
3.5. The acceptance of the Ticket and the refund in case of cancellation, replacement, postponement of the Event shall be made by the Operator provided that the Operator receives an official letter from the Organizer about the cancellation, replacement, postponement of the Event. Only the Tickets purchased at the Points of sale, on the Agent's website and (or) at the ticket offices specified in the Organizer's official letter shall be accepted for refund. The Nominal Cost of the Ticket shall be refunded within the period specified in the Organizer's and/or Principal's official letter. Upon the expiry of the specified period, the Nominal Cost of the Ticket shall be refunded exclusively by the Organizer on its own.
3.6. When returning to a full-length 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.
3.7 If the Buyer returns the electronic Ticket, the Operator shall have the right to withhold the Service Fee when returning the money to the Buyer.
3.7.1 The Service fee charged for the return of the Ticket purchased for any event category shall be 5% of the nominal value of the Ticket or 250 tenge, if the deduction amount is less than 250 tenge.
3.7.2 When returning the Ticket purchased for any categories of events to the Customer's bank card, the refund shall be made within three (3) working days. If there is a service fee for the concert event, the service fee amount is withheld when returning the Ticket.
3.8 If the Buyer returns an electronic Ticket, the Operator has the right to offer to keep the amount paid by the Buyer in the System for use in the purchase of tickets for subsequent Events. In this case the amount of the service fee shall not be withheld by the Operator. The sum is refunded on the day of the Customer's request.
3.9. In the case of refund at the official ticket offices «Ticketon» in cash, the same rules of deduction of the service fee shall apply.
3.10. In the case of refund at the official cash desks «Ticketon» in non-cash form, the same rules of deducting the service charge apply.
3.11. If the Buyer returns an electronic Ticket, the Operator shall have the right to offer to keep the amount paid by the Buyer in the System for use in the purchase of tickets to subsequent Events.
3.12. If the Buyer who returns the Ticket is a Member of the Operator's Bonus Program, the conditions of return described in the Rules of the Bonus Program shall apply.
3.13. The Operator is not responsible for the quality and conditions of the Events, tickets to which are sold using the Operator's system. All claims of the Customers concerning the cancellation or the quality of the Event, the tickets to which are sold through the Operator's system, shall be transferred to the Organizer for its own consideration. The losses incurred by the Customers as a result of the above mentioned fact shall be compensated exclusively at the expense of the Organizer of the particular Event.
3.14. The Operator shall have the right to send e-mails and SMS messages of informational and promotional nature to the Buyer's e-mail address and cell phone. At the same time, the Operator undertakes not to transfer the address and other information about the User to third parties.
3.15. The Operator shall be entitled, at its own discretion, to set a limit on the number of tickets available for purchase by the Buyer for the specified contact information (email address and phone number) for the Event. The exact level of the limit shall be indicated by the Operator directly on the page of the 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 explaining the reasons.
3.16. According to the point 18 of the "Rules of electronic trading approved by Order № 720 of the Acting Minister of National Economy of the RK dated November 25, 2015, the Operator, acting as an intermediary between the Organizer of the Event and the Buyer, is not liable for the contracts concluded with the use of electronic documents (electronic messages) in respect of which they provided services.
3.17. The Operator shall have the right to unilaterally change the terms and conditions of this Agreement at any time, while ensuring the publication of the amended terms and conditions on the Website.
4. BUYER'S RIGHTS AND OBLIGATIONS
4.1 The Buyer is solely responsible for the safety of his ticket code.
4.1.1 When purchasing a ticket, the Buyer must print out an electronic ticket.
4.2 The Buyer shall independently familiarize himself with the internal rules of the institutions where he buys tickets (etiquette, dress code, visiting rules, etc.)
4.2.1 When visiting the Establishments operating with the ASHYQ system (more details), the Buyer and all the Buyer's Ticket Holders may be admitted inside only after scanning through the ASHYQ system and obtaining the "Green" or "Blue" light status. In the case of receiving a "Red" or "Yellow" light status the visit to the Facility may be denied even if there is a valid Ticket with the possibility of its return.
4.2.2 If the Buyer or the Ticket Holder receives a refusal to visit the Venue, in accordance with the rules of the ASHYQ system, the Buyer has the right to apply for a refund after the deadline set out in paragraphs 3.2-3.4 of this Offer, but no later than 1 hour after the start of the relevant event. Refunds are made only if there is a confirming snapshot with the results of the check in the ASHYQ system.
4.3 The Buyer has the right to make a refund of an electronic Ticket in case the exchange for a paper Ticket has not yet been made, within the terms, according to sub-clauses, clauses. 3 of this Agreement.
4.3.1 When purchasing a Ticket, the Buyer should print out the electronic Ticket.
4.4 When purchasing the Tickets under the "Children's" or "Student" tariffs, the Buyer shall have the supporting documents from the relevant institutions (school certificate or student ID card) at the time of presenting the electronic Ticket to the Entertainment Institution. In the absence of the relevant documents, the Operator shall have the right to cancel the Tickets purchased by the Buyer with a refund of the relevant amounts to the Buyer, minus the Service Fee, or offer the Buyer to use the amount to pay for subsequent purchases in the System.
The process of ticket refund is stipulated in clause 3.3. of this Agreement.
Article 36. Protection of child from negative influence of social environment.
Clause 4: No child shall be admitted to entertainment establishments at night (from 10 p.m. to 6 a.m.) without being accompanied by his or her legal representatives.
Article 5, paragraph 5, prohibits children from being out of the home unaccompanied by their legal representatives between 11 p.m. and 6 a.m. Legislation of the Republic of Kazakhstan prohibits presence of the child, as well as admission of the child unaccompanied by legal representatives to entertainment institutions at night (from 10 p.m. to 6 a.m.).
In accordance with this Law, the Operator does not sell tickets at «Children's» rates for events and movie sessions ending later than 10 p.m., as well as for events and movies that have age restrictions.
In case the client has purchased tickets at the «Adult» rate for these categories of events intended for children, the Organizer of the event has the right not to allow the child to watch. In the case of this situation, the Operator does not cancel the Tickets purchased by the Customer. No refunds for these Tickets shall be provided either.
4.5 Visiting evening movie sessions with children. The legislation of the Republic of Kazakhstan prohibits presence of the child, as well as access to entertainment institutions at night (from 10 p.m. to 6 a.m.) without accompaniment of legal representatives. When attending evening screenings with children or movies that have age restrictions, cinema management can require a birth certificate and refuse to attend a show, in the absence of documents. We do not sell tickets for children after 10 p.m. We also do not sell children's tickets to films with age restrictions.
The refund process is outlined in paragraph 3.3 of this agreement.
5. RULES OF THE BONUS PROGRAM
5.1 Live Brighter! - accumulative bonus program, which allows participants to make profitable purchases and pay for them with bonuses. the program participants also have the following privileges:
- Participation in the gamification system with rewards and achievements
- Participation in special promotions from Operator's partners.
5.2 The Operator reserves the right to change the rules of the Bonus program at any time without notification of the Participants of the program. Such changes come into force from the moment of publication on the Website.
5.3 The Operator has the right to unilaterally terminate the Live Brighter!
5.4 The Operator is not responsible for the Participant's ignorance of the conditions set forth herein.
5.5 In order to become a participant of the Live Brighter!
- Make a purchase on the site www.Ticketon.kz
- Fill in the registration form.
- Authorize in a personal cabinet. The authorization link comes by email or text message.
5.2. BONUS ACCUMULATION
5.2.1 Each member of the Bonus program has a personal Bonus account in which Bonuses are accumulated. They are credited for the purchase of Tickets on the Operator's website www.Ticketon.kz.
5.2.2. The amount of Bonuses accrued is determined by the Operator depending on the category of the particular Event, as well as additional conditions provided by the Operator's Partners.
5.2.3 Accrued Bonuses become active and available for further use on the date and time that coincide with the start time of the Event for which the purchase of the Tickets with the presentation of the relevant Bonuses was made.
5.2.4 Bonuses will "burn out" and become unusable after 90 calendar days from the date of their activation, unless otherwise stipulated in the conditions of accrual of Bonuses under the specific Operator's marketing promotion. Burned Bonuses shall not be restored.
5.2.5 Information about the amount of Bonuses accrued, the starting and expiration dates, the amount of Volts written off, the Bonus account, the date and the amount of the next Bonus discharge is indicated in the Participant's myAlpari in the Bonus History section
5.2.6 The Participant is solely responsible for the safety of his/her bonuses, promo coupons, personal account data and email.
5.2.7 Bonuses credited for the current purchase cannot be used.
5.2.8 Bonuses are credited to the registered Participant's profile data and cannot be transferred or combined with the Bonus account of another registered Participant of the program.
5.3 BONUS CANCELLATION
5.3.1. the BP Participant has an opportunity to get a discount by exchanging the part of the Purchase made on the website www.Ticketon.kz and sub-domains for the activated Bonuses. At the same time, the maximum discount amount cannot exceed 30% (thirty percent) of the total Purchase value.
5.3.2 If the sum of active Bonuses is less than 30% of the Purchase value, then the discount will be provided for the full amount of Bonuses.
5.3.3. When returning a Ticket, the Bonuses accrued for that particular Purchase will be cancelled in full, even if only one or more Tickets from that Purchase are returned.
5.3.4 The amount of the bonus earned for the returned Ticket will be deducted from the bonus account, and in the case when the Bonuses have already been spent, they will be deducted from the refund amount of that Ticket.
5.3.5 In case of refund of the Ticket, which cost was partially paid from the Participant's Bonus account, the bonuses used for the purchase of this Ticket are not refunded.
The rules listed in clauses 5.3.2 to 5.3.5 also apply to cases arising when returning Tickets for a cancelled or postponed Event.
5.3.6. If the Event is covered by a special promotional offer from the Operator with additional discount conditions, bonus accumulation, etc., the possibility of writing off and accumulating Bonus points in the Bonus system may be limited. In such cases, a notice of limitation of bonuses' validity will be placed at the stage of order placement.
5.3.7 If, for technical reasons, it is impossible to credit or debit Bonuses from the Bonus account, the Operator has the right to refuse the Participant of the program operation until the malfunction is eliminated.
5.4 The full rules of the "Live Brighter!" Bonus Program are available here and are an integral part of this Public Agreement (the Offer)
5.6 Additional conditions of the Bonus Program also apply to the referral program of bonus accumulation. The full rules of the referral program can be found here and are an integral part of this Public Agreement (Offer).
6. FORCE MAJEURE
6.1 The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement for the period of force majeure. Force majeure means extraordinary and insurmountable circumstances that prevent the Parties from performing their obligations under this Agreement. They include natural disasters; the effects of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination by nuclear weapons materials, production and research activities or radioactive waste; war, military invasion, hostile acts of a foreign enemy, military actions, military maneuvers and related military events; civil war, armed insurrection, popular disturbances of any kind, mass disorder, forcible seizure or forcible retention of power; epidemic of epidemic of any kind, mass riots, forceful takeover or retention of power. The party for whom the above events occur shall notify the other party of their occurrence as soon as possible. In this case, well-known events do not need any confirmation, for other events it is necessary to attach appropriate confirming documents, which may be, including, but not limited to, documents emanating from the competent state bodies.
7. ORDER OF CONSIDERATION OF CLAIMS AND DISPUTES
7.1 Any controversy or dispute which may arise will, if possible, be settled by the parties by negotiation.
7.2 If for any reason the parties fail to reach an agreement in the course of pre-trial negotiations, any dispute arising out of this Contract shall be subject to review in the Almaty Arbitration Court (if the Buyer is a legal entity or individual entrepreneur) or in the court of general jurisdiction at the location of the Operator (if the Buyer is an individual).
7.3 The Buyer's claims regarding the Services shall be accepted and considered by the Operator only in writing and according to the procedure stipulated by the current legislation of the Republic of Kazakhstan.
7.4 The Operator shall have the right to independently involve competent organizations as experts to resolve technical issues in determining the Buyer's guilt as a result of his or her improper actions when using the System. In case the fault of the Buyer is established, the latter shall reimburse the costs of the expertise.
8. DETAILS OF THE OPERATOR:
«Ticketon Events» LLP
Zhibek Zholy avenue, 135, block 3, 10th floor, 3103.
Tel.: +7 (727) 225-10-50
JC « Народный Банк Казахстана»