PUBLIC OFFER AGREEMENT WITH THE USER OF THE WEBSITE
1. General Provisions
1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is a public offer, and in case of acceptance of the terms set forth below, the person accepting this offer shall be deemed to have accepted it, which is equivalent to the conclusion of an Agreement under the terms specified in this public offer.
1.2. In this public offer, unless the context requires otherwise, the following terms shall have the following meanings:
1.2.1. “Agreement” — the public offer of the Contractor, addressed to any individual/legal entity, to conclude an Agreement under the terms set out in the public offer;
1.2.2. “Contractor” — the Corporate Foundation “El Umiti Foundation”, the owner of the Website;
1.2.3. “Customer” — an individual or legal entity that has entered into the Agreement with the Contractor through Acceptance;
1.2.4. “Acceptance” — in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, full and unconditional acceptance by the Customer of the terms of the Agreement, confirmed by the Customer’s payment for the Services;
1.2.5. “Service” — educational services in online learning provided by the Contractor in accordance with the Training Program selected by the Customer on the Website;
1.2.6. “Training Program” — scholarship programs for undergraduate, master’s, and doctoral students, published on the Website;
1.2.7. “Website” — a set of electronic documents (files) owned by the Contractor, available on the Internet at https://kingsmedal.ng;
1.2.8. “Personal Data” — information relating to a specific or identifiable data subject, recorded on electronic, paper, and/or other material media;
1.2.9. “Personal Data Subject” — an individual to whom the Personal Data relates;
1.2.10. “Processing of Personal Data” — any action (operation) or set of actions (operations) performed with or without the use of automation tools on personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data;
1.2.11. “Price List” — information on the current cost of Services published on the Contractor’s Website.
2. Subject of the Agreement
2.1. The subject of the Agreement is the provision of online learning Services to the Customer in accordance with the selected Training Program, the terms of the Agreement, and the current Price List of the Contractor.
2.2. The Contractor provides the Service in accordance with the current Price List published on the Website, and the Customer makes payment and accepts the Service in accordance with the terms of the Agreement.
2.3. The Contractor has the right to amend the terms of the Agreement unilaterally, without prior approval from the Customer, provided that the updated terms are published on the Website at https://kingsmedal.ng at least three days prior to their entry into force. This clause does not apply to the cost and terms of Services that were determined by the Price List at the time of Acceptance.
2.4. The Agreement is an official document of the Contractor and forms an integral part of the public offer.
3. Procedure for the Provision of Services
3.1. Services are provided in full upon 100% (one hundred percent) prepayment by the Customer.
3.2. After reviewing the Price List and the Agreement, the Customer completes an electronic application on the Website.
3.3. The Customer pays for the Services online through the electronic payment system (VISA, MasterCard).
3.4. Payment for the Services constitutes Acceptance of the Agreement and full and unconditional acceptance of its terms.
3.5. When purchasing a Service on the Contractor’s Website, the Customer undertakes to provide registration information about themselves: last name, first name, email address, place of residence (region), and/or register on the Website.
3.6. Completing registration forms on the Website automatically constitutes acceptance by the Customer of the Privacy Policy on the processing of personal data of Website users and the Confidentiality Agreement on the use of Website users’ personal data.
3.7. The Customer has the right to edit their registration information.
3.8. The Contractor undertakes not to disclose the Customer’s Personal Data to persons not related to the provision of the Service.
3.9. Processing of the Customer’s personal data is carried out based on the Privacy Policy on the processing of personal data of Website users and the Confidentiality Agreement on the use of Website users’ personal data.
3.10. The Customer is responsible for the accuracy and reliability of the information provided when purchasing the Service.
3.11. The date of payment for the Service is considered the date of conclusion of the Agreement between the Contractor and the Customer.
3.12. Services are provided by the Contractor by granting access to online learning on the Website.
3.13. The duration and content of the Training Program are determined by the Contractor at its sole discretion.
4. Rights, Obligations, and Liability of the Parties
4.1. The Contractor shall make every effort to ensure high-quality and uninterrupted provision of the Services to the Customer in accordance with the selected Training Program and the Price List.
4.2. The Customer is not entitled to copy and/or distribute the Website materials in any way without the Contractor’s permission.
In cases of attempts or actual unlawful actions by the Customer, the Contractor has the right to refuse to provide the Service to the Customer, after prior notice, and also to hold the Customer liable in accordance with applicable law for the illegal copying and distribution of materials.
4.3. The Contractor shall not be liable for a breach of the Agreement if such breach is caused by force majeure circumstances.
4.4. If the Service cannot be provided due to the Contractor’s fault, the Contractor undertakes to refund the funds transferred by the Customer. In other cases, no refund is provided.
4.5. For failure or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the applicable legislation of the Republic of Kazakhstan.
5. Miscellaneous
5.1. The Contractor refuses to provide Services to persons who express disagreement with the terms of the Agreement.
5.2. The Contractor reserves the right to amend the Agreement, and therefore the Customer undertakes to regularly check the Agreement posted on the Website at https://kingsmedal.ng for updates.
