Deliver to

Offer

Offer to conclude an agreement for the provision of information and consulting services

This agreement is an official offer (public offer) addressed to any legally capable individual, hereinafter referred to as the Customer, who has agreed to the terms of this public offer by fully and unconditionally accepting it.
The Customer is obliged to fully familiarize himself with this document before making the payment.
Individual entrepreneur Kozodaev Artyom Alexandrovich acting on the basis of the certificate of state registration BIN/IIN: 901219350830, Address: Kazakhstan, Astana, Ul. Kabanbay Batyr 58b, hereinafter referred to as the Contractor expresses his intention to conclude an agreement for the provision of paid educational services with the Customer on the terms of this offer (hereinafter referred to as the "Agreement").

Terms and Definitions

For the purposes of this offer, the following terms are used in the following meanings:

Offer — this document published on the website sushiman.kz
Offer Acceptance — full and unconditional acceptance of the Offer by performing the actions specified in paragraph 2.2. of the Offer. Offer Acceptance creates the Agreement.

Customer — an adult who has accepted the Offer and is a consumer of paid educational services under the concluded Agreement, or an authorized representative of a minor who will be a consumer of paid educational services.

Agreement — an agreement between the Customer and the Contractor for the provision of educational services, which is concluded through Offer Acceptance.

Website — an Internet resource containing complete information on the content and cost of courses, located at sushiman.kz

1. Basic Provisions

1.1. The text of the Agreement is a public offer (in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, a public offer is a proposal containing all the essential terms of the agreement, from which the will of the person making the offer to conclude an agreement on the terms specified in the offer with anyone who responds to this offer is discernible).

Acceptance is the response of the person to whom the offer is addressed about its acceptance. Acceptance must be complete and unconditional. By performing actions to accept this public agreement - offer, the User confirms his legal capacity and legal capacity, as well as his legal right to enter into contractual relations with the Contractor. Full and unconditional consent to conclude the Agreement (hereinafter - Acceptance) is expressed consent to its terms by using information and / or educational services;

1.2. Acceptance of the Agreement means that the User agrees with all the provisions of this offer, and is equivalent to the conclusion of the Agreement and all appendices to it. In connection with the above, please read the text of the Agreement carefully.

1.3 The Customer accepts (accepts) the Contractor's offer by pre-paying in full (100%) for the Contractor's services, in respect of which the Agreement is concluded, which entails the conclusion of the Agreement between the Customer and the Contractor in accordance with paragraph 2 of Article 397 of the Civil Code of the Republic of Kazakhstan. With regard to services offered by the Contractor under special offers, if any, with terms of payment in installments, the acceptance of this offer is the Customer's payment of the first installment of the amount agreed upon by the parties.
2. Subject of the Agreement

2.1. In accordance with the terms of this Agreement, the Contractor provides catering services (hereinafter also referred to as services) to the Customer by:
A) delivery of finished products (sushi/pizza)

2.2. The cost, list, content, terms, place and procedure for the provision of services are specified on this Contractor's website (hereinafter referred to as the Website).

2.3. The terms of provision of services may also be communicated by the Contractor's representatives to the Customer by calling a single telephone number, while the Customer is obliged to independently and in advance check the receipt of the notification from the Contractor.

2.4. By concluding this Agreement, the Customer confirms the order.
3. Cost of the service and payment procedure

3.1. The cost of the service for the Customer is indicated on the page for purchasing access to the services provided. By paying for the cost of the service, the Customer unconditionally agrees to the cost of such service.

3.2. The cost of the service is set in tenge of the Republic of Kazakhstan, VAT is not subject to, since the Contractor applies a simplified taxation system and is not a VAT payer. Payment for the service is made by the Customer on the terms of 100% prepayment by one of the following non-cash payment methods:
  • by online payment on the sushiman.kz website;
  • by cash payment to the courier;
  • by payment through the terminal upon receipt of the order;
  • by other methods by prior agreement with the Contractor
Another payment procedure is possible in accordance with the terms of promotions (special offer), as well as in cases additionally agreed with the Contractor.

When paying for the service using other payment methods, a commission may be charged by the persons ensuring the execution of payments. When paying for the service using other payment methods, the costs of making payments are borne by the Customer. The Customer hereby agrees to pay commissions to third parties ensuring the execution of payments for services.

In case of payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. In case of a refund of the paid funds, the refund is made using the same details by which the payment was received and on the basis of a personal application of the person in whose name the bank card was issued.

3.3. The Customer's obligation to pay for the service is considered to be properly fulfilled from the date of receipt of funds to the Contractor's bank account specified in the Agreement.

3.4. Any payment made on behalf of the Customer and/or using the payment details/funds of the Customer is considered to be made by the Customer him/herself.

3.5. When paying for the service, the Customer confirms that he/she is fully aware, understands and accepts the terms of this Agreement.

3.6. The service is considered rendered by the Contractor from the moment the Customer is provided access to the paid online broadcasts (online courses, webinars), video materials.

3.7. In the absence of a reasoned refusal of the Customer to accept the services within 2 (two) days after the provision of services under this Agreement, the services are considered automatically accepted by the Customer without comments.

3.8. In the event of non-payment (partial payment) of the cost of services within the established time frame, in case of untimely provision of data for filling out an application or in case of indicating inaccurate data when filling out an application, this Agreement is not considered concluded. The terms of this paragraph do not apply to payment for services offered by the Contractor and paid for by the Customer under the terms of a promotion (special offer) held by the Contractor.

3.9. The Agreement is considered concluded and comes into force for the Parties from the moment the Customer pays for the services.
4. Rights and obligations of the parties

4.1. Obligations of the Contractor:

4.1.1. Organize and ensure the proper provision of the services provided for in Section 2 of this Agreement. In the event of a change in the terms of service provision (time, date and other changes), notify the Customer no later than 23:59 Nur-Sultan time on the day preceding the day of the online broadcast, webinar by sending a corresponding letter to the contact e-mail, to the Contractor's personal account on the Website or by SMS/phone call to the contact phone number specified by the Customer.
4.1.2. Consider the information received from the Customer confidential and not disclose this and other information to third parties about personal data without his consent.
4.1.3. If the Contractor (Teacher) contacts the Customer at the pre-arranged time and the Customer is absent, the Contractor's obligations may be considered fulfilled and the services under this Agreement are considered rendered.

4.2. The Contractor has the right to:
4.2.1. Engage third parties to provide services without first obtaining the consent of the Customer.
4.2.2. Independently determine the forms and methods of providing services based on the requirements of the legislation of the Republic of Kazakhstan.
4.2.3. Independently determine the assessment system for the provision of services, the forms and procedure for assessment.
4.2.4. Require payment for services rendered or being rendered.
4.2.5. Receive from the Customer any information necessary to fulfill its obligations under the Offer Agreement. In the event of failure to provide or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the fulfillment of its obligations under the Offer Agreement until the necessary information is provided.

4.3. The Customer undertakes to:

4.3.1. Provide the Contractor with reliable, complete and accurate information about themselves; not mislead the Contractor regarding their identity when filling out data on the Contractor's website.
4.3.2. Independently and promptly familiarize themselves with information about the services before submitting an application, as well as with changes to the specified conditions, with the current version of the Agreement each time they visit the Website, including after accepting the Offer.
4.3.3. Pay for the Contractor's services in the amount specified on the Website and within the timeframes specified on the Website or in additional agreements between the Contractor and the Customer, if any.
4.3.4. It is prohibited to transfer to third parties the authority to access the methodological and/or video materials of the Contractor and to use these materials for anything other than personal use. If such a need arises, obtain official permission from the Contractor in writing (possibly via e-mail).
4.3.5. Not to use information received from the Contractor in ways that could lead to damage to the interests of the Contractor.
4.3.6. Immediately notify the Contractor of any change in your personal and contact information in writing to the Contractor's email address specified in the agreement.
4.3.7. Maintain order and discipline when conducting online broadcasts/webinars, and not to create inconvenience for other Customers by your actions. In case of violation of the terms of this clause, the Contractor reserves the right to prevent the Customer from participating in the online broadcast/webinar, while the funds paid by the Customer for the services are not returned and are considered a penalty payable to the Contractor in connection with the Customer's violation of the obligations assumed.
4.3.8. In case of unwillingness to use the Contractor's services and refusal to receive access to video materials, online broadcasts, notify the Contractor in writing no later than 2 (two) days before the start of the provision of services.
In case of absence of such statement within the specified time frame, the Contractor will not return the funds.
In any case, when refusing the services, the Customer is obliged to reimburse the actual expenses of the Contractor, including all commissions of payment systems charged when transferring funds to the Contractor's account and from the Contractor's account to the Customer.

4.4. The Customer has the right:

4.4.1. The Customer has the right to choose the service option he needs by sending a corresponding application (or filling out the registration form) on the Contractor's Website.
4.4.2. Contact the Contractor on all issues related to the provision of services, as well as ask questions related to the provision of services.
5. Personal data

5.1. The Customer, of his own free will and in his own interests, gives his consent to the Contractor to record, systematize, accumulate, store, clarify, extract, use, transfer (provide, distribute, access) to third parties his personal data specified by him during registration on the website or becoming known to the Contractor in connection with the execution of the Agreement, in particular, the last name, first name, patronymic, passport details, mobile phone number, personal e-mail address, including by automated processing of such data, for the purpose of the Contractor performing the actions stipulated by the terms of this Agreement, including providing the Customer with access to the Site, video materials.

5.2. The Customer also gives his consent to the processing and use by the Contractor of the information provided by him and (or) his personal data for the purpose of sending informational mailings about the Contractor's events and / or advertising mailings about other services of the Contractor and / or the Contractor's partner to the contact phone number and (or) contact e-mail address specified by the Customer.

5.3. The Contractor may also use the personal data provided by the Customer in order to ensure compliance with the requirements of current legislative and other regulatory legal acts of the Republic of Kazakhstan (including for the purpose of preventing and/or suppressing illegal and/or unlawful actions of other users of the Site). Disclosure of information provided by the Customer may be made only in accordance with the current legislation of the Republic of Kazakhstan at the request of a court, law enforcement agencies, as well as in other cases stipulated by the legislation of the Republic of Kazakhstan.

5.4. The Customer's consent to the processing of personal data is valid from the date of conclusion of the Agreement indefinitely. Consent to the processing of personal data may be revoked by the Customer, of which he undertakes to notify the Contractor in writing at the e-mail addresses specified in Section 7 of this Agreement.

6. Liability of the Parties

6.1. The Parties shall be liable for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with this Agreement and the current legislation of the Republic of Kazakhstan

6.2. The Contractor shall not be liable for the failure of the service provided to meet the Customer's expectations and/or for their subjective assessment; such failure to meet expectations and/or a negative subjective assessment shall not be grounds for considering the services provided to be of poor quality or not in the agreed volume.

6.3. The Contractor shall not be liable for any errors, omissions, interruptions, deletions, defects, delays in processing or transmitting data, communication line failures, theft, destruction or unauthorized access by third parties to the Contractor's services. The Contractor shall not be liable for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts due to technical reasons.

6.4. The Contractor has the right to block the Customer's access to services (including paid ones) in the event of the Customer's violation of the terms of this Agreement, as well as in the event that the Contractor considers the Customer's actions to be illegal, fraudulent, or aimed at damaging the Contractor's resource or undermining its reputation, organizing a DDoS attack, conducting a phishing attack, attempting to scan and hack the Contractor's resource, etc. In this case, the funds transferred by the Customer for the services are non-refundable.

6.5. In the event of the Customer's violation of the Contractor's exclusive and copyright rights, it has the right:
— to refuse to perform and terminate the Agreement unilaterally.
7. Other terms

7.1. This Agreement shall remain in effect until the Parties have fully fulfilled their obligations.

7.2. All information materials provided by the Contractor to the Customer during the provision of services, as well as the results of photo and video filming obtained by the Contractor during the provision of services, are the result of intellectual activity. Exclusive and copyright, including related rights to copyright, belong to the Contractor.

7.3. The Customer has no right to copy the Contractor's audio and video materials in whole or in part, record online broadcasts, or record the content of such services in whole or in part by any means and/or on any tangible medium, or use the content of the services rendered without the written consent of the Contractor. Otherwise, it will be considered a violation of the exclusive right of the Contractor and entail civil, administrative and criminal liability in accordance with the current legislation of the Republic of Kazakhstan

7.4. If the Customer, for reasons beyond the control of the Contractor, fails to use the services and fails to notify the Contractor of their desire to refuse the services within the timeframes specified in this Agreement, the service shall be deemed to have been rendered properly and the funds paid to the Contractor shall not be refunded. The funds retained by the Contractor shall be recognized by the Parties as compensation for the actual expenses incurred by the Contractor for the provision of the service. The Parties acknowledge that the specified amount of compensation is proportionate to the expenses incurred by the Contractor and is not subject to proof in the event of any disputes.

7.5. The Contractor shall have the right to unilaterally change the terms of this Agreement at any time without prior approval from the Customer, while ensuring that the amended terms are published on the Internet on the Contractor's Website at least one day before they come into effect.

7.6. By agreeing to the terms of this Agreement, the Customer represents and warrants: the accuracy of the information provided by him on the Contractor's website; voluntariness of the conclusion of this Agreement, including familiarization with all the terms of the offer, their understanding and full and unconditional agreement with them, as well as familiarization with the scope of services rendered and full satisfaction with their content; the presence of consent of legal representatives, in cases stipulated by the current legislation; gives consent to the processing of their personal data in accordance with the Law "On Personal Data" and the Privacy Policy both with the use of automated means of processing personal data and without the use of automation; gives their unconditional consent (acceptance) to write off funds from the Customer's bank account at the request of the Contractor in the cases stipulated by this Agreement.

7.7. All disputes, disagreements and claims that may arise in connection with the provision of services are subject to settlement in accordance with the claim procedure. The party that considers its rights to be violated sends a claim to the other party by e-mail indicating the disagreements that have arisen. If the dispute is not resolved within 10 working days from the date of receipt of the claim by the party, the dispute may be considered in court at the location of the Contractor.

8. Contractor's details

Company: IP KOZODAYEV
Address: Kazakhstan, Astana, Kabanbay Batyr Street 58b
BIN (IIN): 901219350830
Bank: JSC "Kaspi Bank"
KBe: 19
BIC: CASPKZKA
Account number: KZ19722S000031977684

[email protected]