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Terms & Conditions
(Terms of Use, Rules)

The Administrator of the Site qazmonitor.com Издательский Дом Капитал (hereinafter - the Administration) provides access to the use of the Site and its functionality under the terms and conditions that are the subject of these Terms of Use of qazmonitor.com (hereinafter - the Rules).

In this regard, you should carefully read the terms of these Rules, which are considered under the Civil Code of the Republic of Kazakhstan as a public offer.

1. Terminology

1.1 Website - an information system consisting of a set of (a) computer programs (program codes executable on a computer), and (b) information (Content) available at: https://qazmonitor.com(including all domain levels), as well as in the "qazmonitor.com" mobile application.

1.2 Visitor - a natural person capable of accepting the Rules and accessing and using the Website within the limits established by the Rules, acting on his/her own behalf and in his/her interests or on behalf and in the interests of the legal entity he/she represents.

1.3 Account - is a page on the Website, to which a Visitor gets personal access after passing the registration and/or authorization on the Website. In case of creation by the Visitor of more than one Account, the Administration reserves the right to delete all accounts, created by the Visitor, and/or refuse to allow the Visitor to use the Website.

1.4 Content - any information, including text, graphics, audio and video materials, posted by visitors and/or the Administration, which can be accessed using the Site.

1.5 Company Page - a page on the Site, which is managed through the Account and contains the Content on behalf and/or for the benefit of a legal entity.

2. Status of the Terms of Use of The Qazaqstan Monitor Website

2.1 Website Terms of Use (hereinafter - the Rules) regulate the conditions of use of the Site by visitors, as well as the rights and obligations of visitors and the Administration.

2.2 Beginning to use the Site, including without going through the registration/authorization procedure, means familiarization with the Rules and their acceptance.

2.3 The Administration has the right to change the content of the Rules unilaterally. The changes come into force without any special notice from the moment of posting the information on the Website at qazmonitor.com/terms and/or sending notification about the changes in the Account.

2.4 The current edition of the Rules is located at qazmonitor.com/terms.

Continued use of the Site after changes to the Rules means acceptance of such changes.

3. Visitor Authorization on The Qazaqstan Monitor Website

3.1 In order to get the right to use the additional functionality of the Site, a Visitor needs to get Authorization on the Site.

3.2 Authorization of the Visitor on the Site is performed:

3.2.1. With the help of connected social networks, based on the protocol OAuth and does not provide the Administration of the site no information except publicly available information, according to the privacy settings voluntarily established by the User in the social network he chose for the authorization procedure on the site. This information can including but not limited to: an e-mail address (email), name, surname, middle name, profile picture, age or age range, gender, language, city, country.

3.2.2. Through the registration form, providing the Site Administration with the necessary information for creating an Account, including the e-mail address (e-mail) and the password to access the Site, as well as the name and surname, which is unique for each Visitor.

Login and password, which are set by Visitor, is the necessary and sufficient information for the access of Visitor to the site.

3.3 Processing of the Visitor’s personal data received during the authorization in the minimum required amount is carried out in accordance with the legislation of the Republic of Kazakhstan. Website Administration processes the Visitor’s personal information for the purposes of providing the Visitor with the access to the website, which also includes:

Additional functionality includes options for using the Site, which the Visitor receives after the registration/authorization, either for a fee, or by the decision of the Administration:

- access to the administration of the Company Page;

- access to the qazmonitor.com Account.

Delivery of personalized (targeted) advertising to the Visitor,
sending newsletters and newsletters to the Visitor in the Account and/or to the email indicated upon registration;
checking, research and analysis of data to maintain, improve the Website, as well as develop new features and sections of the Website.

Personal data used and processed by the Site Administration includes data voluntarily submitted by the Site Visitor:

Website Visitor’s email address;
Surname and first name data of the Website Visitor, indicated by the Website Visitor.

The Administration of the site takes all necessary measures to protect the personal information of the User from unauthorized access, change, disclosure or destruction. Disclosure of information submitted by the User can be made only in accordance with applicable legislation of the Republic of Kazakhstan by the court, law enforcement authorities, as well as in other cases stipulated by the legislation of the Republic of Kazakhstan.

Because the Administration of the website carries out processing of personal information of the User solely for the purposes of these Rules, by virtue of the legislation of the Republic of Kazakhstan on personal data, the consent of the User for processing his personal data is not required.

Website Visitor may apply to the Administration with a request to stop processing personal data by voluntarily stopping the use of the site, as the use of personal data is carried out for the purposes of these Rules, as well as by sending a request to the Administration at the e-mail address: info@qazmonitor.com

3.4 Unless proven otherwise by the Visitor, any actions performed during the authorization using the User’s account, including the use of his/her login and password, are considered to be performed by the relevant Visitor. In case of unauthorized authorization, the Visitor must immediately notify the Administration of the Website in the prescribed manner, and is fully responsible for the actions of third parties committed during such authorization.

4. Using The Qazaqstan Monitor Website

4.1 The basic functionality of the website is provided to the Visitor for free after the registration/authorization on the Website.

4.1.1 The basic functionality of the Site includes the ability for the Visitor to perform at his discretion in accordance with the legislation of the Republic of Kazakhstan and the terms of these Rules such actions as: writing, editing, layout of content as part of a personal blog, reading, writing and editing comments on the Site on his behalf, as well as other opportunities, determined by the Administration.

4.2 Additional functionality includes the ability to use the Site, which the Visitor receives after the registration / authorization either for a fee, or by decision of the Administration:

- access to the administration of the Page of the company, blog or author;

4.2.1 Access to the Page administration is provided free of charge after passing the mandatory procedure of approval by the Website Administration for creating a page and getting the access to the administration of the Company Page.

Visitor is fully responsible for violations of the legislation on advertising as an advertiser, advertisement distributor, advertiser-producer, and must protect the Administration from any proceedings, disputes, claims and demands, as well as to compensate the Administration for any losses associated with it.

5. Responsibilities of The Qazaqstan Monitor Website Visitor

5.1 When using the Site, the Visitor shall:

a) to comply with the provisions of current legislation of the Republic of Kazakhstan, these Rules and other special documents of the Website Administration;

b) placing the Content on the Site, follow the general editorial recommendations for the texts, determined by the Editorial Board.

c) inform the Administration of the Website about the unauthorized authorization on the Website;

d) not to place on the Site information and objects (including links to them), which may violate the rights and interests of others;

e) prior to posting information and objects to assess the legality of their posting;

f) keep sensitive data and not provide other visitors and third parties personal information and information about the privacy of other visitors and third parties that became known to him as a result of communicating with other visitors and other use of the Site without obtaining permission of the latter;

5.2 If there is doubt about the legality of certain actions, including the placement of information, the Website Administration requires the refraining from the implementation of the latter.

5.3 When using the Website the visitor is prohibited:

5.3.1. Perform authorization on behalf of or instead of another person (using a "fake" or someone else’s account);

5.3.2. Distort the information about yourself provided when registering on the Website;

5.3.3. Upload, publish, distribute and provide access or otherwise use any information that:

(a) is threatening, defamatory, offensive, defamatory of honor and dignity or business reputation, or violates the privacy of other Visitors or third parties;

(b) violates the rights of minors;

(c) is vulgar or obscene, contains pornographic images and texts or scenes of sexual nature involving minors;

(d) contains scenes of inhuman treatment of animals;

(e) contains descriptions of the means and methods of suicide and any incitement to commit suicide;

(f) propagandizes and/or promotes racial, religious, ethnic hatred or hostility, promotes fascism or ideology of racial superiority;

(g) contains extremist materials;

(h) advocates criminal activity or contains advice, instructions or guides to commit criminal acts

(i) contains restricted information, including, but not limited to, state and trade secrets, information about the private lives of third parties;

(j) contains advertising, except as provided in clause 5.3.13 of the Rules;

(k) describes the attractiveness of drug use, including "digital drugs" (sound files that affect the human brain by means of binaural rhythms), information on the distribution of drugs, recipes and tips for their use;

(l) is of a fraudulent nature;

(m) violates the ethical, political, and thematic policies of this Site;

(o) as well as violates other rights and interests of citizens and legal entities and/or requirements of the legislation of the Republic of Kazakhstan.

5.3.4. Illegally download, publish, distribute and provide access or otherwise use the intellectual property of Visitors and third parties;

5.3.5. Carry out mass mailings of messages and comments;

5.3.6. Perform actions aimed at disrupting normal functioning of the Site;

5.3.7. Upload, publish, distribute and provide access or otherwise use viruses, Trojans and other malicious software;

5.3.8. Use automated scripts (programs) without special permission of the Website Administration to collect information on the Website and/or interact with the Website and its functionality;

5.3.9. Use any method, including but not limited to deception, breach of trust, hacking, trying to get access to information about another Visitor;

5.3.10. Unlawfully collect and process personal data of other persons;

5.3.11. Use the Website in any other way, except for the cases when such actions are directly allowed to the Visitor in accordance with the separate agreement with the Administration;

5.3.12. Reproduce, duplicate, copy, sell, trade, and resell access to use the Website and its functionality for any purpose, except for cases where such actions are expressly allowed to the User in accordance with the terms of the separate agreement with the Administration

5.3.13. Place commercial advertisements outside of the special blocks and/or sections of the Website established by the Administration;

5.3.14. Place political or social advertising.

5.3.15. Post any other information that, in the opinion of the Administration, is undesirable, does not comply with the purposes of creation of the Website, infringes on the interests of visitors, or for other reasons is undesirable for posting on the Website;

5.4 Visitor is personally responsible for any information that he posts on the Site, informs other visitors, as well as for any interaction with other visitors, carried out at his own risk.

5.5 In case of disagreement of the Visitor with these Rules or their updates, Visitor must refuse to use the Website.

5.6. The Visitor has the right to stop using the Website and refuse from the created account by sending the Administration a request to delete the Account from the Website to the e-mail address info@qazmonitor.com from the e-mail address specified during the registration on the Website. The Administration deletes the User’s Account within 30 (thirty) days after receipt of his/her written motivated request.

6. Intellectual Rights

6.1 By posting on the Website the User, who legally owns the Content, gives the other Users a non-exclusive right to use it by viewing and other rights solely for personal noncommercial use, except when such use causes or may cause harm to the legally protected interests of the right holder

6.2 The Visitor also grants the Administration the non-exclusive right to use, free of charge, the Content lawfully posted on the Website for the Administration to make the Website function in the amount and manner, determined by the functionality and architecture of the Website. This non-exclusive right is granted for the period of placement of the Content on the Website, includes the right to process the Content and extends its effect in countries around the world.

6.3 In order to comply with the editorial standards of the site (error correction, clarification or addition of the factual information, etc.), User agrees to the Administration unilaterally and without notice to the User to make changes, reductions and additions to the Content posted on the Website, the provision of its use by the illustrations, the foreword, epilogue, comments or explanations of any kind.

In case of disagreement with the changes made, the User has the right to remove its Content from the Website.

6.4 If a Visitor deletes his Content from the Website, the non-exclusive right will be automatically revoked, but the Administration reserves the right to keep the archive copies of the Visitor’s Content for the required period, if necessary, due to the technical features of the Website.

6.5 Unless otherwise expressly provided in these Rules, nothing in these Rules may be regarded as transfer by the Administration of the exclusive rights to the Content.

The Administration of the Website also does not grant any rights to use the Content of the Administration, the means of individualization of the Website and/or the Administration (trade names, trademarks, domain names, etc.). The right to use means of individualization may be provided by written agreement with the Administration of the Website.

6.6 Responsibility for violation of exclusive rights

6.6.1 Visitor is personally responsible for any Content or other information that he uploads or otherwise makes available (publishes) on the Site or through it. A Visitor has no right to upload, transfer or publish the Content on the Website, if he/she does not have the relevant rights to perform such actions, acquired or transferred to him/her in accordance with the legislation of the Republic of Kazakhstan.

6.6.2 By posting the Content on the Site, the Visitor guarantees that the rights (including the exclusive rights to the intellectual property, the right to use the image of a citizen), for all objects, included in the Content posted by the Visitor, belong to the Visitor and / or received the necessary permission of the owner of the rights for this object in accordance with the legislation of the Republic of Kazakhstan.

6.6.3 Administration is not responsible for the Content posted by the Visitor on the Website. If the Administration of third parties (including the competent government agencies) make any claims or demands (including violations of the law or the rights of third parties) regarding such Content, the User undertakes to settle them at their own expense, shielding the Administration from any proceedings, disputes, claims and demands, as well as reimburse the Administration related costs and losses.

6.6.4 The Website Administration can, but is not obliged to, examine the Site for the presence of the forbidden Content, and may delete, change or move (without notice) any Content of the Visitors at its sole discretion, for any reason or no reason, including without limitation moving, changing or removing the Content, which, in the opinion of the Administration, violates these Rules, the legislation of the Republic of Kazakhstan and / or may violate the rights, harm or endanger the safety of other visitors or third parties.

6.7 Third Party Sites and Content.

6.7.1 The Website contains (or may contain) links to other websites on the Internet (websites of third parties), as well as articles, photos, illustrations, graphics, videos, other information and other Content owned by or originating from third parties (Third Party Content), which are the result of intellectual activity and are protected in accordance with the laws of the Republic of Kazakhstan.

6.7.2 Such third parties and their Content shall not be checked by the Administration for compliance with any requirements (reliability, completeness, good faith, etc.). The Administration is not responsible for any information posted on the websites of third parties, to which the Visitor gets access through the Site or through the Content of third parties, including, without limitation, any opinions or statements, expressed on websites of third parties or in their Content.

6.7.3 Links or manuals for downloading files and/or installing third-party programs posted on the Website do not mean support or approval of these actions by the Administration.

6.7.4 Reference to any site, product, service, or any information of commercial or non-commercial nature, posted on the Site does not constitute an approval or recommendation of these products (services) by the Administration.

6.7.5 If a Visitor has decided to leave the site and go to third-party sites, use or install third-party software, he does it at his own risk and from this moment these Rules do not apply to the Visitor. Visitor’s further actions should be governed by applicable laws and policies, including the business practices of those whose Content he intends to use.

7. Functioning of The Qazaqstan Monitor Website and responsibility when using it

7.1 Visitors shall be responsible for their own actions in connection with the use of the Website in accordance with applicable law of the Republic of Kazakhstan. Violation of these Rules and the current legislation of the Republic of Kazakhstan entails civil, administrative and criminal liability.

7.2 The Website Administration provides technical feasibility of use of the Website by its visitors, doesn’t participate in forming the content of the information posted by visitors on the Website, doesn’t control and is not responsible for the acts or omissions of any person in relation to the use of the Website. Administration, however, may reject and/or unpublish Visitor’s material on the Website if the material violates Rules, Law, promotes businesses political figures.

7.3 The information system of the Site and its software has no technical solutions for automatic censorship and control of the actions and information relations of visitors on the use of the Site.

7.4 Administration reserves the right to change the appearance of the Site, its content, functionality, modify or supplement the scripts used, software and other objects used or stored on the Site, any server applications at any time, with or without prior notice.

7.5 The Website Administration may carry out preliminary and/or subsequent moderation or censorship of the Content posted by the Visitors, and takes actions on protection of the rights and interests of individuals and ensuring compliance with the legislation of the Republic of Kazakhstan only after the interested person applies to the Website Administration in the prescribed manner.

7.6 Website Administration is not responsible for violation of these Rules by the Users and reserves the right to itself at its sole discretion, as well as upon receipt of information from other users or third parties about the violation of these Rules by the User, change (moderate) or delete any Content posted by the User, which violates the prohibitions established by these Rules, suspend, limit or stop the User access to all or any of the sections or functionality of the Website at any time for any reason. The Website Administration reserves the right to suspend, limit or terminate the User’s access to any of the functionality of the Website, if the Administration discovers that in its opinion, the User poses a threat to the Website and/or other Users. The Website Administration implements the above measures in accordance with the applicable law and these Rules and is not responsible for the possible negative consequences of such measures for visitors or third parties.

7.7. The Website Administration ensures the functioning and operability of the Website, and undertakes to promptly restore its operability in case of technical failures and interruptions. The Administration of the Site is not responsible for any errors, omissions, interruptions, deletion, defects, delays in processing or transmission, failure of communication lines, theft, destruction or unauthorized access by third parties to the results of intellectual activity, posted on the Site and the resulting loss of information. Administration is not responsible for any damage to the computer of the Visitor or any other person, mobile devices, any other hardware or software, caused by or related to downloading materials from the Site or through links posted on the Site.

7.8 The Website Administration has the right to dispose of statistical information related to functioning of the Website, as well as information of the Visitors, in order to ensure targeted display of advertising information. In order to organize the functioning and technical support of the Site and execution of these Rules, the Site Administration has the technical ability to access the Visitors’ personal information, which is realized only in cases established by these Rules.

7.9 The Website Administration has the right to send the Visitor information about the development of the Website and its functionality, as well as to advertise its own activities, to which the User gives his consent.

7.10. Limitation of liability of the Website Administration:

7.10.1 The Site and its functionality, including all scripts, applications, content and design of the Site are supplied "as is". The Administration disclaims any warranty that the Site or its functionality may or may not be suitable for particular purposes. The Administration cannot guarantee and does not promise any specific results from the use of the Site and/or its functionality;

7.10.2. For the avoidance of doubt, a Visitor shall take precautions in downloading from the Website or using the links posted on it, and use any files, including software. The Administration of the Site strongly recommends using only licensed software, including antivirus software;

7.10.3. Using the Site, the Visitor agrees that he downloads from or through the Site any materials at his own risk and is personally responsible for the possible consequences of the use of these materials, including the damage that it may cause to the Visitor’s computer or third parties, for loss of data, or any other harm;

7.10.4. Under no circumstances Administration of the Site or its representatives shall be liable to visitors or any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation, caused in connection with the use of the Site, the content of the Site or other materials to which visitors or other persons have access through the Site, even if the Site Administration has warned or indicated the possibility of such damages.

7.10.5. Administration is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of e-mail services or scripts for technical reasons. Also, Administration is not responsible for the compliance of the Site in whole or in part to the expectations of visitors, error-free and uninterrupted operation of the Site, the losses incurred by visitors for reasons related to technical failures of hardware or software.

7.11. Administration has the right to engage any third parties to fulfill the obligations under these Rules without the consent of the Visitor.

8. Concluding Provisions

8.1 These Rules shall be regulated and interpreted in accordance with the legislation of the Republic of Kazakhstan. Issues not regulated by the Rules shall be resolved in accordance with the laws of the Republic of Kazakhstan.

8.2 All disputes shall be resolved by negotiations, and if no agreement is reached, shall be submitted for consideration to the court of the city of Almaty in accordance with the jurisdiction of the dispute.

8.3 These Rules come into force for the Visitor from the moment of the actual use of the site, or from the moment of his registration (in case the Visitor made such registration) on the site (acceptance) and work for an indefinite period.

8.4 If for any reason any of the terms of these Rules are invalid or unenforceable, it has no effect on the validity or applicability of the remaining terms of the Rules.

8.5 For any complaints, questions or with suggestions regarding the work of the Site Visitors can contact the Administration by e-mail: info@qazmonitor.com. When addressing a complaint to the Administration, the Visitor must provide documents confirming the validity of the claim, as well as specify their credentials on the Site.

9. Details and addresses

9.1 Website Administration - Limited Liability Partnership "Publishing House Kapital" (ТОО Издательский Дом Капитал), legal address: 53 Mynbayev Street, Almaty, 050057, Republic of Kazakhstan.