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Public contract (offer)
PUBLIC CONTRACT (OFFER)
Almaty, June 2024
1. GENERAL PROVISIONS
1.1. The text of the Offer set forth below is an official public offer addressed to individuals to enter into a Service Agreement in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The Service Agreement shall be deemed concluded and shall become effective at the moment when an individual takes actions specified herein that signify full and unconditional acceptance by such individual of all terms and conditions of this Offer without any exceptions from or limitations on, the terms of accession.
1.2. Ticketon Events LLP, acting as a ticket operator (the "Operator"), offers an Internet user (the "Buyer") to use the Ticketon service accessible at https://ticketon.kz/ (the "Service") to purchase Tickets for cultural and entertainment events organized by the Operator's partners – Organizers.
1.3. The Service provides the Buyer with access to information about cultural and entertainment events, including information about the venue and time of such events, texts, illustrations, photographs, graphics, audio and video materials, and other information related to cultural and entertainment events (the "Materials"), as well as the Ticket prices for attending the events provided by the Organizers.
1.4. The information regarding Ticket prices published on the Operator's Website prior to their purchase is not an offer and the actual price is subject to adjustment according to the charge rates available on the date of actual purchase of Tickets through the Operator's Website.
1.5. The terms and conditions of the Offer may be modified by the Operator without any special notice, with the new version of the Offer coming into effect upon its posting on the Internet at https://ticketon.kz/, unless the new version of the Offer provides otherwise.
1.6. If the Operator has made any modifications to this Offer under Clause 1.5 of these Terms and Conditions and the Buyer does not agree with such modifications, the Buyer should discontinue using the Service.
2. TERMS AND DEFINITIONS
System – an automated system for the sale of electronic tickets that comprises a specialized hardware and software complex designed to work with the information resources of the System, to sell Tickets for Events, and to form databases of sold Tickets, including www.ticketon.kz web portal, a mobile application for iOS and Android, embedded widgets on partner web portals, and a ticketing automation system installed in automated box offices.
Website – the Operator's web portal www.ticketon.kz and other Internet resources including but not limited to, websites and mobile applications of partners hosting the Operator's System.
Automated Box Offices – automated box offices of the Operator and the Operator's counterparties that are connected to the System.
Event – a spectacular event held in the specifically designated places, including: a theatrical performance, a movie show in a cinema, a circus performance, a concert in a hall or a club or at an open-air venue, a sports competition, or any other event that can be attended upon presentation of a Ticket.
Organizer – a legal entity or an individual entrepreneur who hosts an Event and has contractual relations with the Operator thereby entitling them to issue and sell Tickets for their Events using the System.
Facility – an organization that directly holds an Event at its premises, tickets for which are sold to Buyers through the Operator's System.
Ticket – a document of strict accountability that is sold to the Buyer using the System and certifies the conclusion of an agreement between the Organizer and the Buyer, entitling its bearer to attend the Event.
Ticket Buyer (Buyer) – an individual in whose name an order for the purchase of a Ticket has been placed.
Ticket Holder – an individual presenting a Ticket to the Event; may be different from the Buyer.
Ticket Code – a unique numeric or alphanumeric code (including QR code) sent to the Buyer upon purchase of the Ticket, which must be presented to the Organizer for admission to the Event.
Service Fee – remuneration for the services charged by the Operator from the Buyer when purchasing a Ticket using the System. For each Ticket, the amount of the Service Fee is determined by the Operator individually. When creating an order and until the Buyer pays for the order, the amount of the Service Fee is reflected on the order page.
Personal Area (PA) – personal page of the Bonus Program Participant on www.ticketon.kz website or in the Tiketon mobile application. In the PA, a Program Participant can see the history of orders/purchases and the Bonus Account. The terms and conditions of the Operator's Bonus Program are posted on its Website.
3. SCOPE OF CONTRACT
3.1. Subject to the terms and conditions of this Offer, the Operator enables the Buyer to purchase Tickets for the Organizers' Events using the System.
4. TERMS OF PURCHASING TICKETS VIA THE SYSTEM
4.1. By using the System, the Buyer agrees to the terms and conditions of the Offer on such terms, in such manner and to such extent as set forth herein.
4.2. By purchasing Tickets, the Buyer confirms that he/she: (i) has fully read the terms and conditions of this Offer; (ii) understands and accepts the terms and conditions of the Offer; (c) understands the meaning and consequences of his/her actions in accepting the terms and conditions of the Offer.
4.3. When purchasing a Ticket, the Buyer enters into direct contractual relations with the Operator. However, the obligations with respect to the organization and conduct of the Events which the Ticket confirms the right to attend, arise with the Organizer.
4.4. Material terms of the contract being entered into by and between the Buyer and the Operator (the name of the Event, venue, date and time of the Event, seat in the hall, the price of the Ticket as set by the Organizer/Seller) shall be determined by the Buyer at the time of purchase of the Ticket in the System and shall be specified in the Ticket. The Ticket shall also contain the corresponding identifier (number, digital code, barcode, QR code, letter code, etc.) required for admission to the Event.
4.5. A Ticket shall be deemed purchased by the Buyer upon paying for it and receiving a notification thereof in the form of an electronic ticket with a code to the email address and/or via SMS to the Buyer's phone number specified at the time of purchase of the Ticket.
4.6. If the Buyer does not receive the Ticket within 3 (three) hours after the purchase, the Buyer should contact the Operator's customer support service to clarify the status of the Order. If no active order of the Buyer is confirmed by the Operator's customer support service, but the Buyer has paid the money, which is documented, the Buyer will be immediately refunded or offered an alternative purchase option.
4.7. The Operator confirms that the Operator is authorized by the Organizers to accept money from the Buyers in payment for the Tickets and Service Fee. All rights and obligations arising in connection with the purchase by the Buyer of a Ticket for the Event arise directly with the Organizer. The Operator is not a payment organization or a payment agent. The Operator is a provider of information and technological services for its customers and partners.
4.8. The Buyer confirms his/her consent to the fact that the personal information he/she provides to the Operator at the time of placing orders for the Ticket and/or in subsequent/preceding personal communications with the Operator's employees may be transferred to third parties, including by means of cross-border transfer, for the purposes of storage and/or processing, with whom the Operator has contractual relations exclusively for the purposes of storage and processing thereof. In this regard, the Operator guarantees that the Operator's contracts with such persons contain the requisite terms and conditions of confidentiality and non-disclosure of such data. The Buyer agrees that the Operator shall have the right to store the information specified by the Buyer at the time of purchase, payment for and/or receipt of the Ticket for at least three years after the date of execution of the relevant Contract by the Operator. The provisions of this clause shall not apply to the Organizers whose Event tickets are sold through the Operator's System.
4.9. By purchasing and (or) receiving Tickets using the Operator's System, the Buyer agrees to the Operator sending him/her (i) emails which the Operator may send after the purchase has been made, in case of cancellation of the Event, and (ii) messages including voice messages (SMS, WhatsApp, other messengers) to the phone number/messenger specified by the Buyer.
4.10. The Buyer hereby confirms that the data he/she provides about himself/herself at the time of purchasing Tickets in the Operator's System are true, up-to-date and guarantee the possibility of communicating with him/her to the Operator's employees in case any circumstances arise that require notification of the Buyer about the occurrence thereof.
4.11. No Ticket shall be transferred to the Buyer until it is paid in full. Payment for the Tickets purchased by the Buyer using the System shall be made by any lawful method permitted for circulation in the Republic of Kazakhstan, including but not limited to: cash payment, cashless payment, payment using QIWI terminals, payment from cell phone balance, Onay card, or by redeeming bonuses according to the resources offered to the Operators. Ticket is payable within the time allotted with respect to a particular Event. In case of a failure to pay for the Ticket within the specified time period, the reservation for the Ticket shall be canceled, and the Ticket shall be treated as offered for sale again.
5. OPERATOR'S RIGHTS AND OBLIGATIONS
5.1. The Operator undertakes to:
5.1.1. Carry out the sales and checkout orders for the Tickets for the Events according to the Buyer's requests made at the time of purchase of the Ticket(s) in the System.
5.1.2. Advise the Buyer on the sale of the Tickets for the Events by phone, chat rooms, social networks, messengers and/or via email.
5.1.3. Provide services to the Buyer in a proper manner and with due quality that meets all requirements of this Offer.
5.1.4. Provide the Buyer with complete, reliable and comprehensive information on the Events by posting such information on the Operator's website.
5.1.5. In case of cancellation/rescheduling of the Events, timely notify the Buyers thereof using one or more available communication channels. If the Operator has complied with all the terms and conditions, but for any reason the Buyer failed to receive/see the notice or changed his/her phone number or is not using messengers, email or social networks, the Buyer shall be solely responsible for non-attendance of the Event.
5.1.6. Refrain from transferring to third parties any personal information provided by the Buyer. The Operator shall not be in breach if such information is provided by the Operator to its employees and other persons engaged for fulfillment of obligations to the Buyer under Clause 4.7 hereof. Providing such information to the governmental authorities as required by the laws of the Republic of Kazakhstan is not a breach of obligations.
5.2. The Operator has the right to:
5.2.1. Demand that the Buyer comply with and fulfill the terms and conditions of this Offer.
5.2.2. Refuse to provide services by notifying the Buyer without disclosing the reasons.
5.2.3. Cancel an Order for a Ticket if it is not paid for by the Buyer within the time period given for payment for a particular Event.
5.2.4. Charge a Service Fee for the use of online Ticket purchase service, provided that the amount of such Service Fee is clearly specified. Unless the Event Organizers provide otherwise, the Service Fee shall be charged by the Operator for movie shows, as well as other Events.
5.2.5. Send emails and SMS messages of informational and advertising nature to the Buyer's email address, messengers and cell phone.
5.2.6. Set a limit on the number of Tickets sold to one Buyer in one order through the System. The Operator may, at its own discretion, set a limit on the number of tickets available for purchase by the Buyer per the specified contact details (email address and phone number) for the Event. The exact level of the limit shall be specified by the Operator directly on the page of a particular Event at the Operator's website. The Buyer may purchase the number of tickets exceeding the specified limit upon prior written approval of the Operator. In this case, the Operator has the right to deny the Buyer the purchase of the number of tickets exceeding the specified limit without disclosing the reasons.
5.2.7. At any time modify the terms and conditions of this Offer unilaterally, subject to publication of the modified terms and conditions on the Website.
5.2.8. If the purchase is made by installments, the Operator has the right to charge the Buyer a commission for processing the installment request. The commission for installment request equals 7% of the total amount of the face value and the service fee.
5.2.9. Deny the sale of tickets at the child rates for the Events and movie shows ending after 10:00 PM, as well as for age-restricted Events and movies.
6. BUYER'S RIGHTS AND OBLIGATIONS
6.1. The Buyer has the right to:
6.1.1. Receive confirmation of the Ticket purchase (including but not limited to, via SMS, email or messenger).
6.1.2 Receive complete and accurate information about the Event and the terms and conditions of its attendance.
6.1.3 Exchange and/or return the Ticket and receive its cost minus the Service Fee in the manner specified in this Offer.
6.2. The Buyer undertakes to:
6.2.1. Be solely responsible for the correctness of his/her personal information entered and for the safety of the Ticket Code received by him/her.
In case of any changes in personal information, the Buyer shall enter his/her changed contact information into the Operator's Website database to ensure that he/she is properly notified by the Operator regarding the Events he/she is attending and/or changes in their schedules.
6.2.2. When purchasing Tickets at the child or student rates, have on hand a document confirming the status of a student or pupil from the respective educational institutions (School Certificate or Student Card) which must be presented to the controller at the entrance to the Facility.
6.2.3. Independently familiarize himself/herself with the internal rules of the Facilities he/she is purchasing Tickets to (etiquette, dress code, visiting rules, etc.).
7. TICKET REFUND POLICY
7.1. Return of a Cinema Ticket. Where the Buyer requests the return of a previously purchased Ticket, the Operator shall have the right to decline the Buyer's request if the Ticket has been printed at the Cinema's box office or if there are less than thirty (30) minutes left before the start of the show.
7.2. Return of a Theater Ticket. Where the Buyer requests the return of a previously purchased Ticket, the Operator shall have the right to decline the Buyer's request if there are less than 3 (three) hours left before the start of the performance, unless otherwise provided for by the Theater's internal rules.
7.3. Purchased Tickets to Abay KazNOBT (Almaty) may be exchanged or returned not less than 24 hours before the beginning of the performance.
7.4. Purchased Tickets to Astana Opera SOBT (Astana) may not be exchanged or returned unless the performance is cancelled or postponed. In all other cases, no returns or exchanges will be made. Any questions from the Buyers regarding the impossibility of returning or exchanging Astana Opera SOBT tickets shall be addressed directly to Astana Opera SOBT.
7.5. Purchased Tickets to attend games of Barys HC (Astana) may not be exchanged or returned unless the game is cancelled or postponed. In all other cases, no returns or exchanges will be made. Any questions from the Buyers regarding the impossibility of returning or exchanging tickets to attend games of Barys HC shall be addressed directly to Barys HC.
7.6. Purchased Tickets to Astana Ballet Theater (Astana) may be exchanged or returned not less than 72 hours before the beginning of the Event.
7.7. Refund for the Tickets purchased for the performances included in a Theatre's repertoire plan shall be made on the terms and conditions set forth in Clause 7.8 hereof, unless otherwise provided for by the Theater and specified on the Operator's Website page describing the performance.
This policy does not apply to any guest private performances and events held on the Theater's premises. Such guest events are subject to individual terms and conditions determined by the Organizers to be specified directly in the description of the Event on the Operator's website.
7.8. Return of Ticket for concerts and other Entertainment, Sports, Guest, Tourism events. Where the Buyer requests the return of a previously purchased Ticket, the Operator shall have the right to decline the Buyer's request if there are less than 72 (seventy two) hours left before the beginning of the Event, unless otherwise provided for by the Organizers of the Event, which must be specified in the description of the Event on the Operator's website.
7.9. Acceptance of a Ticket and 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 on cancellation, replacement, postponement of the Event. Only Tickets purchased at Points of Sale, through the Operator's online resources and/or on the website of the Operator's official partner are eligible for refund. The refund of Ticket price shall be made within the period specified in the official letter of the Organizer. Upon expiry of the specified period, the Ticket price shall be refunded solely by the Organizer.
7.10. Upon receipt of a request to return a Ticket for a sold-out Event (where tickets have been sold out in full), the Operator shall send a request in writing to the Organizer, and in case of a negative response, shall have the right to deny a refund to the Buyer.
7.11. If the Buyer requests the return of a Ticket for reasons beyond the control of the Organizer or the Operator, the Operator shall have the right to withhold a compensation payment from the Buyer for such return.
7.11.1. The compensation payment withheld upon return of a Ticket purchased for any categories of events at face value shall be 5% of the face value of the Ticket or a minimum of 250 tenge.
7.11.2. If the Buyer purchased Tickets for events with the Operator's Service Fee, the full amount of the Service Fee shall be withheld upon return of the Ticket.
7.12. In case of refund of the cost of the Ticket purchased for any categories of events, the refund shall be made to the Customer's bank card within 3 (three) business days of receipt by the Buyer of a notification of successful cancellation of the Ticket order.
7.13. In case the Buyer returns a Ticket, the Operator may offer that the amount paid by the Buyer be kept in the System for use in purchasing tickets for subsequent Events. In this case, the amount of the Service Fee shall not be withheld by the Operator. The refund shall be made on the day of the Customer's request.
7.14. If the Buyer returning a Ticket is a Participant of the Operator's Bonus Program, the refund policy described in the Rules of the Bonus Program posted on the Operator's Website shall apply.
8. LIMITATION OF LIABILITY
8.1. The Operator shall not be liable for the quality and conditions of the Events the tickets for which are sold using the Operator's system. All claims of the Buyers concerning the cases of cancellation or quality of an Event the tickets for which are sold through the Operator's system shall be addressed to the Organizer for their sole review. Losses incurred by the Buyers as a result of the above fact shall be reimbursed solely at the expense of the Organizer of the particular Event. If, notwithstanding the provisions of this Clause, the Operator is held liable for the Organizer's actions/inaction, the Organizer undertakes to reimburse the Operator in full for the losses incurred in this regard, including legal, court and other expenses, within 3 (three) business days after receipt of the Operator's request.
8.2. The Operator shall not be liable for any losses and moral damage incurred by the Buyer as a result of misunderstanding or misinterpretation of information regarding the procedure for issuing and receiving a Ticket, attending the Event, as well as receiving and using services under the Offer.
8.3. The Operator shall not be liable for potential risks related to the maintenance of conditions for secure provision of the Services, as well as for any network attacks or hacking of the Website, including, without limitation, failures in the Website operation due to technical reasons.
8.4. The Operator shall not be liable for any loss of Ticket Code by the Buyer, and in case of its loss by the Buyer it may not be restored.
8.5. The Operator shall not be liable for the Buyer's failure to comply with the terms of Article 36.4 of the Child's Rights Law of the Republic of Kazakhstan No. 345-II of August 8, 2002 (as amended as of 12.10.2021) which prohibits the presence or admission of a minor (child) unaccompanied by his or her legal representatives (parents, adoptive parents, guardian or custodian, foster carer and other substitute persons providing care, education, upbringing, protection of the rights and interests of the child) in entertainment establishments at night (10:00 PM to 06:00 AM). The Buyer shall solely and unconditionally bear the risk that when purchasing tickets and/or being admitted to the Event which lasts beyond the local time of 10:00 PM or starts at 10:00 PM or later, the staff of the Facility shall have the right to request the identity card of the legal representative and the minor's birth certificate. In case of inconsistency or absence of such documents, the administration of the Facility shall have the right to deny the purchase of a ticket for a minor or his/her admission to the Event.
Should this be the case, the Operator shall not cancel the Tickets purchased by the Buyer. No refunds will be made for such Tickets.
9. FORCE MAJEURE
9.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract for the duration of force majeure. Force majeure is understood to mean extraordinary and insurmountable circumstances preventing the Parties from fulfilling their obligations under this Contract. These include acts of God; impact of nuclear explosion, radiation (ionizing radiation) or radioactive contamination by nuclear weapon materials, production and research works or radioactive waste; war, military invasion, hostile actions of a foreign enemy, military actions, military maneuvers and related military activities; civil war, armed rebellion, public unrest of any kind, mass riots, violent coup or forcible retention of power; epidemics, epizootics, weather conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. A Party affected by the above circumstances shall notify the other Party of the occurrence of such circumstances as soon as possible. However, generally known events do not require any confirmation, while other events require submission of relevant supporting documents, which may include, but are not limited to, documents issued by competent governmental authorities.
10. CLAIMS AND DISPUTE RESOLUTION
10.1. Any and all disagreements or disputes that may arise shall, to the extent possible, be settled by the parties through negotiation.
10.2. If, for any reason, an agreement cannot be reached in the course of pre-trial settlement, the dispute arising from this Contract shall be referred to the Kazakhstan International Arbitrage (KIA) in Almaty and shall be settled by 1 (one) arbitrator in accordance with the Rules of KIA in Almaty (if the Buyer is a legal entity or an individual entrepreneur) or to the court of general jurisdiction at the location of the Operator (if the Buyer is an individual).
10.3. The Buyer's claims regarding the Services provided shall be accepted and reviewed by the Operator only in writing, in accordance with the procedure and within the terms determined by the applicable laws of the Republic of Kazakhstan.
10.4. To resolve technical issues in determining the fault of the Buyer as a result of his/her unlawful actions when using the System, the Operator shall have the right to independently engage competent organizations as experts. If the Buyer's fault is ascertained, the latter shall reimburse the costs of such expert examination.
11. MISCELLANEOUS
11.1. The Contract comes into force as of the date when the Buyer confirms his/her acceptance of the terms and conditions of this Public Offer by directly purchasing a Ticket, which implies adherence to the Contract.
11.2. The Buyer shall have the right to withdraw from the Contract unilaterally, provided that there are no outstanding Operator's obligations under the Contract, by giving a written notice to the Operator 30 (thirty) calendar days prior to the proposed termination date of the Contract. In this case, the Buyer understands and acknowledges that if the Buyer has purchased non-refundable tickets to an event (as explicitly stated on the Operator's website), such amount is non-refundable. At the same time, the Buyer retains the right to revoke the Buyer's withdrawal from the Contract.
11.3. The Operator shall have the right to withdraw from the Contract by publishing a relevant notice on the Operator's official website, or by giving the Buyer a relevant written notice or SMS not less than 30 (thirty) calendar days prior to the proposed date of termination of the Contract using the contact details specified by the Buyer when purchasing the Ticket.
11.4. In everything else which is not covered by the Contract, the Parties shall be guided by the applicable laws of the Republic of Kazakhstan.
12. DETAILS OF THE OPERATOR:
Ticketon Events LLP
Registered office: 135, Zhibek Zholy Avenue, corner of Amangeldy Street, Block 3, 10th Floor, Office 3103, Almaty
Tel.: +7 (727) 2251050
BIN: 151040009124
IBAN: KZ876017131000025675 (KZT)
Halyk Bank of Kazakhstan JSC
SWIFT: HSBKKZKX
Version 3
04.06.2024
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