Terms of Services

OHKZ Terms of Service

CHAPTER 1. General provisions

Article 1 (Purpose)

The purpose of this document is to address issues regarding the use of Internet-enabled services (the “Service”) provided on the website, mobile website and application owned and operated by OPEN Healthcare Kazakhstan (“OHKZ” ) .

Article 2 (Definitions)

1. User (Member) : a person who registers and logs in to the website, mobile website, OHKZ application and receives OHKZ services in accordance with these Terms
2. User (unregistered) : a person who receives services provided by OHKZ without registering
3. Operator : the person selected by OHKZ to carry out the general management and smooth operation of services (service).
4. Link site : the website, mobile website and OHKZ app (hyperlinked objects include letters, suspension, etc. )
5. Registration : concluding an agreement on the use of services by filling out an application form posted on the website/mobile Internet, application and providing consent to these Terms
6. Personal information : information that allows you to identify a specific person based on the full name, login, patient number, etc. contained in it. (including information that, when combined with other information, makes it easy to identify a specific person, even if the information alone does not allow the specific person to be identified)
7. Cancellation : termination of the contract for the use of services after the start of their provision

Article 3 (Publication and amendments)

1. OHKZ posts the contents of these Terms , OHKZ name, location, email address on the website, mobile website, OHKZ application for the purpose of familiarization to Users.
2. OHKZ, before the User agrees to the Terms, makes a request using the linked page or pop-up window in order to confirm that the User understands the important content of the Terms, including refusal to purchase, responsibility for delivery, and return conditions.
3. If unavoidable, OHKZ may make changes to these Terms to the extent that they do not violate applicable law.
4. If changes are made to the Terms, OHKZ will indicate the effective date of the changes and the reason for the changes. OHKZ notifies about this on the Internet service page 7 days before the changes come into force.
5. Matters not covered by these Terms and the interpretation of these Terms will be governed by applicable law or common law.

Article 4 (Content of services, their changes)

1. 1. OHKZ provides the following services:
   • Checking information about the schedule of CHC doctors, appointments and examinations, medical information, results.
   • Various recording services provided through OHKZ sites or linked sites.
   • Purchasing medications, offering promotions through OHKZ sites or linked sites.
   • Providing information about goods or services, concluding purchase and sale agreements.
   • Delivery of goods or services for which a purchase and sale agreement has been concluded.
   • Intermediary services of trade by mail, services related to the trade of goods.
   • Platform development and maintenance services.
   • Other services as determined by OHKZ.
2. OHKZ may change the content of the services provided if unavoidable. In this case, OHKZ indicates the content of the changed services, the date of their provision, and notifies about this 7 days before the start of the provision of services.
3. In the event of a change in the content of the service that OHKZ must provide under an agreement concluded with the User, for reasons such as lack of goods in stock or changes in technical characteristics, ONS immediately notifies the User at the address at which he can be notified.
4. OHKZ is not responsible for damage incurred by the User in connection with changes in the content of the service. However, this provision does not apply to cases of intentional or gross negligence (carelessness) on the part of OHKZ.

Article 5 (Suspension of services)

1. OHKZ may temporarily suspend the provision of services in the event of maintenance, replacement or failure of equipment, including the system, loss of communications and other force majeure circumstances.
2. OHKZ is not responsible for damage incurred by the User or third parties as a result of the temporary suspension of the provision of services in accordance with the above subclause 5.1. However, this provision does not apply to cases of intentional or gross negligence (carelessness) on the part of OHKZ.
3. In cases where the service cannot be provided for a number of reasons, such as a change in the scope of activity, termination of the company’s activities or a merger of companies, the ONS notifies the User about this in the manner specified in Art. 8, and pays compensation to the User in accordance with the terms originally proposed by ONS. If OHKZ does not notify the compensation criteria, the User’s miles or accumulated amount will be paid to the User in kind or in cash, equivalent to the value of the currency used by OHKZ.

CHAPTER 2. Registration and cancellation of registration of Participants

Article 6 (Registration of Participants)

1. An unregistered User submits an application for registration by filling out the prescribed OHKZ form and provides his consent to these terms and conditions.
2. 2. OHKZ registers a Member if the application does not fall under any of the following conditions among the Users who applied for registration as described in the previous paragraph.  
   • The Applicant was previously deprived of Participant status in accordance with Art. 7 p-p. 2 of these Terms.
   • False, incomplete or misleading information was provided during registration.
   • If it is determined that there are significant technical or administrative difficulties that do not allow the User to register.
   • If on the date of filing the registration application the Participant is under 14 years of age.
   • The Entry violates the provisions of these Terms and Conditions and is illegal or unlawful.
3. The registration agreement is considered concluded from the moment of its approval by OHKZ
4. Members must promptly notify OHKZ by email or other means of any changes to registration information.

Article 7 (Deletion of account and loss of Member status )

1. A member may submit a request to delete a OHKZ account at any time, which must be promptly processed by OHKZ. The application must be completed on the website or by phone. In this case, you must indicate your full name, phone number and reason for deletion.
2. OHKZ may cancel a Member’s registration in the following cases: 
   • False information was provided when applying for registration.
   • Creating a threat to the established order, including preventing other Users from receiving services, theft, and illegal collection of information.
   • Distribution of unverified OHKZ false information, sale of other OHKZ-authorized items.
   • Violation of the normal procedure for carrying out trade transactions: purchasing goods in bulk for the purpose of resale.
   • Using OHKZ as a place for unauthorized medical practice or its promotion.
   • Disruption of the company’s work, inappropriate behavior towards staff while using OHKZ services, including insults, threats, and obscene language.
   • Disruption of the company’s work, purchasing goods through OHKZ with subsequent cancellation, exchange and return without a valid reason on a regular basis.
   • Violation of the operation of the web page/mobile web page, application, including changing the information specified in the OHKZ.
   • Using OHKZ to commit actions prohibited by law, these terms, or contrary to public order and morals.
   • Violation of these terms and conditions.
   • Death of a Member .
   • Other circumstances in which the company deems it inappropriate to maintain Member status .

Article 8 (Notices to Participants)

1. OHKZ, if necessary, sends notice to the Participant at the e-mail address or telephone number provided by him.
2. OHKZ may replace individual notices by posting them on a notice board if it is necessary to notify an unspecified number of Members. However, individual notices are sent on issues that have a significant impact on the agreements of the Participants.
3. Notification to an unregistered User, unless otherwise provided by these terms and conditions, may be sent by email or SMS provided by the User. Notification of an indefinite number of unregistered Users may be sent in accordance with clause 8.2.

Article 9 (Application for appointment and its approval)

1. The user submits an application for admission on the site in the following way
   • Enter: login, password, coupon number or individual identification number (personal authentication), passport number, foreigner identification number, full name (applicant for registration, patient), mobile phone number and email address.
   • Select a doctor, department and appointment time.
   • Provide agreement to the terms of use.
2. OHKZ approves an application for recording in accordance with clause 9.1 in the absence of the following grounds 
   • The application contains false information, omissions or errors.
   • There are significant technical difficulties in accepting other recording applications.
3. An entry is deemed completed upon receipt of appropriate notification from OHKZ via text message or email.

Article 10 (Purchase Application)

1. OHKZ users may apply to purchase goods from OHKZ through the following or similar methods. When the User submits a purchase application, OHKZ must provide the following information in an accessible form: 
   • Search and selection of goods.
   • Entering the recipient’s full name, address, telephone number, email address (or mobile phone number).
   • Confirmation of the contents regarding these terms, services with limited right of refusal to purchase, costs including delivery and installation fees.
   • Expressing agreement (e.g. clicking the mouse) with these terms, confirmation or refusal in relation to clause 10.3. (WITH)
   • Application for the purchase of goods, its confirmation or consent to confirmation by OHKZ.
   • Selecting a payment method.
   • Other specific procedures established by OHKZ.
2. If OHKZ needs to provide/transfer the buyer’s personal data to a third party, it must obtain his consent at the stage of completing the purchase application. The Member registration process does not involve obtaining comprehensive consent. OHKZ must indicate to the buyer the elements of the personal information provided, its recipient, the purpose of use of the personal information by the recipient and the period of its storage/use. If there are other provisions in the relevant laws, for example, in the Law of the Republic of Kazakhstan “On the Protection of Personal Data and Their Protection,” OHKZ follows the relevant provisions of the law.

Article 11 (Conclusion of a contract)

1. OHKZ may not approve a purchase application as described in Art. 10, in any of the following cases. However, if a contract is concluded with a minor, the contract may be terminated by the minor himself or his legal representative if the consent of the legal representative is not obtained.: 
   • The application contains false statements, omissions or errors.
   • The transaction represents the purchase of goods for commercial purposes (resale) or the circumstances of the transaction indicate that it is made for commercial purposes (resale).
   • OHKZ believes that granting other procurement requests would cause significant harm to OHKZ’s technology.
   • There are significant technical difficulties in approving other purchase applications.
2. The agreement is considered concluded when the User receives OHKZ’s consent in the form of a notification confirming receipt in accordance with clause 13.1
3. OHKZ’s consent must include: confirmation of the User’s purchase request, the possibility of selling, information about correction or cancellation of the purchase request, etc.

Article 12 (Methods of payment)

The User may choose any of the following payment methods for goods or services purchased from OHKZ. OHKZ may add to the price of goods or services any contingent fees for the payment method selected by the User.

• Various transfers to the account, including telephone banking, Internet banking, email banking, etc.
• Payment using prepaid cards, debit cards, credit cards, etc.
• Payment by electronic money.
• Payment with points awarded by OHKZ, for example miles.
• Payment using a coupon for which an agreement has been concluded with OHKZ, or recognized by OHKZ.
• Payment using a deposit or accumulated funds.
• Payments using other electronic means of payment.

Article 13 (Notice of Acknowledgment of Receipt/Change and Cancellation of Purchase Application)

1. OHKZ, if there is a purchase application from the User, sends him a notification confirming receipt of the application.
2. The User who receives such notification may request to change or cancel the purchase order immediately after receiving the notification if there is a discrepancy with the User’s intentions. OHKZ shall process the request without delay if the request from the User is received before the start of delivery. However, if payment has already been made, Art. 16 “Refusal to purchase.”

Article 14 (Supply of goods, etc.)

1. In the absence of a separate agreement concluded with the User on the timing of delivery of goods, OHKZ carries out custom manufacturing, packaging and takes other necessary measures to deliver the goods within 7 days from the moment the User expresses their intention to enter into a contract. If OHKZ has already received payment for the goods in whole or in part, it must take appropriate action within 3 business days from the date of receipt of all or part of the payment. However, this rule does not apply to cases where a separate agreement on the delivery time of the goods is concluded between the User and OHKZ. In this case, OHKZ must take appropriate measures to enable the User to check the procedure and progress of delivery of the goods.
2. OHKZ indicates the possible delivery methods, the party bearing the delivery costs depending on the selected method, the delivery time depending on the selected method in relation to goods purchased by the User. If the delivery period established by the contract is exceeded, OHKZ is obliged to compensate the User for any actual damage resulting from this. The exception is cases in the absence of guilt: intent or negligence (negligence) on the part of OHKZ.

Article 15 (Refund)

In the event that OHKZ is unable to transfer or provide the goods for which the User has applied to purchase, due to unavailability or other reasons, OHKZ will immediately notify the User of the relevant reason. The advance payment for the goods received by ONS is returned to the User or the necessary measures are taken to return the payment within 3 working days from the date of receipt of the payment

Article 16 (Cancellation of purchase)

1. A user who has entered into an agreement with OHKZ for the purchase of goods may refuse to purchase within 7 days from the receipt of a written document on the contents of the agreement in accordance with (If the supply of goods or services is carried out after receipt of the written document, then the term “from the date of receipt of the written document” refers to the date of delivery of goods or services or commencement of supply of goods or services, whichever is later). If the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” provides for a different procedure for refusal of a purchase, including when carrying out electronic commerce, then the provisions of this law apply.
2. When the User receives the goods, the User does not have the right to return or exchange the goods in the following cases: 
   • The product is lost or damaged due to the fault of the User (except for cases of opening the package to inspect the contents).
   • The value of the product has been reduced as a result of its use or partial consumption by the User.
   • The cost of goods has decreased significantly over time and therefore this product cannot be resold.
   • Damage to the packaging of goods that can be copied or duplicated.
   • In the event of the commencement of the provision of digital content, as defined in Article 2, paragraph 5 of the Basic Law on the Development of the Cultural Industry (However, if the subject of the contract consists of partial services or partial digital content, this provision does not apply to that part of the services the provision of which has not begun ). “Digital content” refers to data or information in the form of codes, letters, numbers, colors, voices, sounds, images, images, etc. (including complexes thereof) produced or processed in digital form to enhance the usefulness of their preservation and use.
   • The buyer has been informed in advance of the relevant transaction, such as custom-made goods, and has provided written (including electronic) consent.
3. In the cases specified in paragraph 2, paragraphs. B , C , D The User’s right to refuse a purchase cannot be limited if OHKZ has not provided the User with information in advance about the limitation of the right to refuse a purchase in a place easily accessible to the User, or provided a trial product.
4. Notwithstanding the provisions of clauses 1 and 2, if the content of the goods differs from what was advertised, does not correspond to the content of the advertisement or does not comply with the terms of the contract, the User may return it within 3 months from the date of delivery of the goods, as well as within 30 days from the date on which it I have learned or can find out about these discrepancies.

Article 17 (Consequences of refusal to purchase)

1. Having received the returned goods from the User, OHKZ returns the cost of the goods already paid for within 3 working days. If there is a delay in returning the payment to the User, OHKZ pays a penalty for the period of delay . The amount is calculated taking into account the interest rate for the delay specified in clause 6 of Art. 30 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”.
2. If the User paid for goods and services using payment methods such as a credit card or electronic currency, OHKZ contacts the operator company that provided payment services with a request to suspend or cancel the debiting of funds for goods and services.
3. In case of refusal of the goods, the User bears the costs of returning the delivered goods. OHKZ does not require the User to pay penalties or compensation for losses for refusal to purchase. If you refuse to purchase due to the fact that the contents of the goods differ from those announced, do not correspond to advertising or the terms of the contract, the costs of returning the goods are borne by OHKZ.
4. If the User pays the shipping costs upon receipt of the goods, OHKZ indicates who pays the shipping costs in case of cancellation of the purchase in a form that is easily understandable.
5. Points received for the purchase of goods must be returned to OHKZ upon cancellation of the purchase.

Article 18 (Operation of the miles and coupons system)

1. OHKZ, according to the mileage system, may provide Members with “OHKZ miles” (temporary name).
2. “OHKZ Miles” are provided by OHKZ to the User as an accompanying part of transactions with the User. Miles can be used by the User as cash in transactions with OHKZ when purchasing goods and services. This system, managed by OHKZ, is called the OHKZ Miles System (temporary name).
3. The receipt, use and expiration of OHKZ miles are subject to separate detailed redemption rules.
4. A “coupon” means a payment method that allows the Participant to receive a certain amount or a certain percentage discount from the price paid.
5. If it is determined that the purchase of OHKZ coupons and miles was obtained through improper or illegal means, such coupons and miles cannot be used. OHKZ reserves the right to take appropriate legal action, including, but not limited to, refund or cancellation of Member coupons and miles, removal of User ID and criminal prosecution.
6. Coupons and miles can be used in combination with other payment methods when purchasing goods, but cannot be used if OHKZ has notified the User in advance that they cannot be used.
7. The ONS policy may specify limits on the use of coupons and miles.
8. Coupons and miles can only be used for your own transactions and cannot be exchanged, sold or transferred to others.
9. Coupons and miles are canceled if the registered account is deleted.

CHAPTER 3. Confidentiality of personal data

Subject to separate privacy policy.

CHAPTER 4. Limitation of Liability for Services

Article 19 (Medical consulting services)

1. OHKZ takes all possible security measures for the User’s consulting information to prevent its disclosure to third parties, with the exception of the consulting physician. However, OHKZ is not responsible for disclosure or damage to the consultation content in the following cases.: 

   • Password leakage due to the User’s inattention/negligence.
   • Deleting a text message written by the User, for example in the customer review section.
   • The occurrence of force majeure circumstances, such as natural disasters, etc.

2. In order to provide a comprehensive and appropriate response to the request as part of the User’s consultation, medical consultants may refer to the content of the User’s consultations and the responses to them.
3. The content of consultations within the framework of the services provided may be used in a form that does not allow identification of a specific person for the following purposes: 

   • Materials for assessing the quality of customer service at OHKZ.
   • Part of the service content, for example, frequently asked questions.
   • Compilation of statistics, scientific research, preservation of public records.
   • Authorship and scientific activity.

4. The user may be denied consultation for the following requests for consultation: 

   • The user repeatedly applied for the same consultation.
   • The user seeks advice using language that contradicts common sense.
   • The user seeks advice related to medical treatment, diagnosis
   • The user seeks advice on the cost of treatment, tests, medications, etc.
   • Displaying obscene or offensive behavior towards medical personnel performing a consultation.

5. Answers to consultations are subjective, they are based on the medical knowledge of each medical specialist and do not represent the official opinion of OHKZ and OHKZ is not responsible for the content of the consultation.

Article 20 (Services for providing information about the User’s health)

1. The health information provided by OHKZ is of a sketchy, general nature. It is nothing other than the opinion of the individual and is not a substitute for professional medical diagnosis, examination or treatment.
2. OHKZ does not warrant any specific testing, products or treatments mentioned in its health information services.
3. Health information provided by OHKZ is used solely at the discretion of the User. OHKZ does not assume any liability with respect to health information provided.

Article 21 (Relationship between OHKZ and Linked Sites)

OHKZ does not bear warranty liability for any transactions between the User and linked sites in relation to goods, services and services provided by the sites independently.

CHAPTER 5. Responsibilities of OHKZ and Users

Article 22 (Duties of the OHKZ)

1. OHKZ does not undertake any actions prohibited by laws, regulations and these terms and conditions, or contrary to public order and morals. OHKZ makes every effort to provide the services in accordance with these terms and conditions in an uninterrupted and reliable manner.
2. OHKZ undertakes to ensure maximum security of the User’s personal information by applying technical security measures and ensuring proper control of the User’s personal information, including credit history.
3. OHKZ provides quality services through diligent and honest service and continuous research and development. This allows her to maximize customer satisfaction and contribute to the development of online business.
4. OHKZ has the obligation to compensate Users for damages resulting from unlawful labeling, advertising of goods or services in accordance with Article 18 of the Law of the Republic of Kazakhstan “On Advertising”.
5. OHKZ does not send commercial emails to the User unless the User wishes to do so.

Article 23 (User IIN and password obligations)

1. When using the OHKZ Internet reception services for the first time, the user uses the IIN (identity confirmation) one-time.
2. The user is responsible for full control of personal IIN (identity confirmation) and password.
3. The user must not provide his IIN and password to third parties.
4. The User assumes full responsibility for any improper control of the IIN and password.
5. The user immediately notifies OHKZ of the theft or use by third parties of his IIN and password as soon as he becomes aware of it. The user follows any OHKZ instructions, if any.

Article 24 (User Responsibilities)

1. The user is prohibited from performing the following actions: 

   • Enter false information when filling out an application or changing it.
   • Change information posted on the OHKZ website.
   • Transmit or post information (computer programs, etc.) other than that specified by OHKZ.
   • Violate intellectual property rights, including copyrights of OHKZ or third parties.
   • Harm the reputation of or interfere with the activities of OHKZ or third parties.
   • Disclose or post on OHKZ messages, video images, audio recordings of an obscene or violent nature, or other information contrary to public order and morals.
   • Provide or facilitate medical appointments and consultations for other Users.
   • Promote the medical practice of third parties.
   • Sell or promote the sale of goods.
   • Damage the normal order of trade by acquiring goods in large quantities for the purpose of resale.
   • Acquire goods by secretly using another person’s payment card information or use OHKZ services under the guise of purchasing goods.
   • Use the services or access the system through any foreign means (including computer programs) that do not comply with the methods of use of the services provided by OHKZ.
   • Other actions that may be perceived as unacceptable

2. If the information specified in each of the subparagraphs of the previous paragraph, or any other information that OHKZ deems unacceptable for the operation of the site, is posted on the main page or in the place where the posted link leads, OHKZ may remove the information posted on the site or disable the link without consent The user or person who posted the information. However, OHKZ has no obligation to remove such information or disable any links

CHAPTER 6. Intermediary activities in mail order sales

Article 25 (Use of intermediary mail-order services by the User)

1. OHKZ, as part of the mail order brokerage service, as an intermediary, exclusively provides maintenance, control and provision of a system for free transactions of goods between the User and the selling company, therefore Users must accurately check the details of goods or services and the terms of the transaction before purchasing goods or services from the selling company. The user is responsible for all losses and damages resulting from the purchase of goods or services without checking information about goods or services and the terms of the transaction.
2. The user must not express the intention to purchase or order goods or services sold by the selling company without such intention. The User must also not interfere with the ability of the selling company to sell goods or services, or interfere with the ability of other Users to purchase goods or services.
3. If the User violates clause 2, OHKZ may suspend the use of all or part of the mail order intermediary services or spontaneously terminate the contract for the use of mail order intermediary services. The user will be responsible for any damage caused in this case.
4. The User is obliged to comply with these terms and conditions and the content of notices published by OHKZ on the service provision page. The User is also responsible for all losses and damages arising from the User’s breach or failure to comply with these terms and conditions and notices.
5. If a dispute arises during the purchase and sale process with the selling company, the user must approach its resolution in good faith and bear full responsibility for any loss or damage caused to the selling company and OHKZ otherwise.
6. When purchasing goods or services, the User must use payment methods registered in his name and must not unauthorizedly use payment methods on someone else’s behalf. The user, as a result of unauthorized use of payment methods on someone else’s behalf, bears full responsibility for any loss or damage caused to OHKZ, the seller company and the owner of this payment method.
7. The user bears full responsibility for the information you enter as part of the payment process, as well as for any problems regarding such information that may arise.
8. OHKZ, when the User makes a payment, may verify that the User has the legal right to use the payment method. OHKZ may suspend the transaction until such verification is completed or cancel it.
9. OHKZ manages various means and materials to ensure the safe provision of services to Users and confirms the use of services for their intended purpose. If the User detects a violation of the purposes of use, OHKZ may require an explanation of the corresponding reason. Necessary action may be taken, including cancellation of the order.
10. OHKZ may obtain and post information about the seller’s products or services, or provide product reference information or related content through a website provided by a third party, to enhance your service experience. Even then, Users must make their own decisions and assume responsibility for purchasing such goods or services. In this case, under no circumstances will OHKZ be held responsible for the purchasing decisions made by Users.




11. To conclude a standard agreement for the purchase and sale of goods or services using the service, when the buyer is a minor User, the consent of his legal representative is required. Otherwise, the purchase may be canceled by the User himself or his legal representative.

Article 26 (Delivery and completion of the transaction)

1. OHKZ is not involved in and is not responsible for any disputes arising between the relevant parties (seller company, User and delivery company) regarding transactions between the seller company and the User and the delivery of goods. In this case, such disputes will be resolved directly by the relevant parties.
2. OHKZ does not intervene in situations where the reason for a refund, such as a product defect, arises after the decision to purchase the product has been made.
3. All disputes between the seller company and the User that arise after making a purchase decision are resolved by the parties to the transaction: the seller company and the User.
4. If there is no intention to approve the purchase, exchange or return the goods within the relevant period for the buyer to make a purchase decision, OHKZ may consider this fact as the User having a final decision regarding the relevant transaction, automatically processing the purchase decision.
5. A user who has made a final purchase decision, or the purchase decision has been made automatically, cannot file a protest against OHKZ for issues such as non-receipt or return of goods. In this case, all issues, including return of payment or exchange of goods, must be resolved by the User directly with the seller company.

Article 27 (Refusal to purchase)

1. A user who has entered into an agreement with the seller company for the purchase of goods may withdraw his decision within 7 days from the date of receipt of a written document on the contents of the agreement or notification of confirmation of receipt. If the delivery of the goods is carried out later than the moment of issuance of the written document or acceptance of the notification of receipt, the User may withdraw the purchase decision within 7 days from the date of receipt of the goods or the start of delivery.
2. The buyer has no right to return or exchange goods after receiving them in the following cases: 

   • The item is lost or damaged for reasons for which the buyer is responsible (however, the buyer has the right to refuse the purchase if the packaging is damaged to inspect the contents).
   • The value of the product has decreased significantly as a result of use or partial consumption by the buyer
   • The value of the product has decreased significantly over time and therefore this product cannot be resold.
   • The packaging of goods that allows you to make a copy with similar characteristics is damaged.
   • Other cases provided for by the legislation of the Republic of Kazakhstan.
   • In the event of the commencement of the provision of digital content, as defined in Article 2, paragraph 5 of the Basic Law on the Development of the Cultural Industry (However, if the subject of the contract consists of partial services or partial digital content, this provision does not apply to that part of the services the provision of which has not begun ). “Digital content” refers to data or information in the form of codes, letters, numbers, colors, voices, sounds, images, images, etc. (including complexes thereof) produced or processed in digital form to enhance the usefulness of their preservation and use.

   • The buyer has been informed in advance of the relevant transaction, such as custom-made goods, and has provided written (including electronic) consent.

3. In the cases specified in paragraph 2, paragraphs. B , C , D , the buyer’s right to refuse the purchase is not limited, unless OHKZ has not previously indicated the fact of limiting the right to refuse the purchase in a place easily accessible to the buyer, or provided a trial product.
4. Notwithstanding the provisions of clauses 1 and 2, if the contents of the goods differ from those specified, do not correspond to the contents of the advertisement or are not performed in accordance with the contract, the buyer may refuse the purchase within 3 days from the date of delivery of the goods, etc., as well as within 30 days from the date when he learned or could have learned about the non-conformity of the goods.
5. OHKZ, having received a message from the buyer about the desire to make an exchange or return, immediately notifies the selling company about this.
6. If the buyer submits an application for exchange in accordance with clause 1 or clause 3, he cannot receive the product to be exchanged if it is not available from the selling company. In this case, the product will be returned.
7. Shipping costs and other necessary costs for return or exchange are borne by the party at fault. If there is a defect in the product or incorrect delivery of the product, the costs will be borne by the selling company. If the buyer changes his decision, the buyer bears the costs.
8. The seller company is responsible for damage caused to the buyer due to delivery problems.
9. OHKZ, even after receiving notification that the buyer has completed payment, may cancel the transaction and refund the amount paid to the buyer if the seller receives a request from the buyer to cancel the order due to failure to complete the delivery procedure for a significant period of time or if the transaction is subject to automatic returns funds predetermined as part of a separate company policy.
10. If the buyer does not return the goods he received to the seller company or does not contact it by phone, email, etc. Before the expiration of 14 days after the date of submission of the application for exchange or return, the buyer’s application for exchange or return of the goods will be considered invalid.

Article 28 (Release of the Company from liability)

1. As an intermediary in mail order sales, OHKZ only monitors and manages the system of free transactions in goods between the User and the selling company, and therefore does not represent the interests of Users or sellers. Responsibility for transactions concluded between the User and the seller company, as well as for information provided by the User or sellers, lies directly with the User or the seller company.
2. OHKZ does not guarantee or represent the interests of the selling company regarding the contents of the goods registered by the selling company, as well as the terms of transactions. The user must be aware of this when purchasing products. Therefore, the User must purchase goods assuming full responsibility.
3. OHKZ does not guarantee the presence and authenticity of the intention to sell or buy, the quality, completeness, stability, legality and absence of violation of the rights of others in all actions (including commercial transactions) between the User and the selling company, the reliability or legality of the information entered by the User or by the selling company, as well as data posted through the URL specified in this information. All associated risks and responsibilities are borne by the respective party.
4. OHKZ exempts itself from any liability if it is impossible to provide services due to force majeure or equivalent acts of God.
5. OHKZ is not responsible for any failures in the use of services due to reasons caused by the User.

CHAPTER 7. Other

Article 29 (Copyright Ownership and Limitation of Use)

1. OHKZ owns the copyright and other intellectual property rights to the materials produced.
2. The user, without the prior consent of OHKZ, has no right to reproduce, transmit, publish, distribute, broadcast or otherwise use the information obtained as a result of using the website for commercial purposes or induce third parties to use it.

Article 30 (Dispute Resolution)

1. Disputes on all issues related to the use of services, except for those specified in these terms of use, are, if possible, resolved by agreement of the parties.
2. Complaints or comments regarding the use of the website can be submitted by email.
3. OHKZ considers complaints and opinions of Users as a matter of priority if it considers them to be justified. In the event that prompt review is difficult, the User will be immediately notified of the reasons and timing of the review.

Article 31 (Jurisdiction and applicable law)

1. Claims regarding disputes arising in connection with the use of services between OHKZ and Users are subject to consideration by a competent court in accordance with the Civil Procedure Law
2. The laws of the Republic of Kazakhstan apply to legal claims regarding electronic transactions between OHKZ and Users .

These terms and conditions come into force on November 13, 2023.