Atyrau the 28th of February 2023
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) refers to the website of the AXIOMA Online Store located at https://www.axioma-fabric.kz.
1.2. The site of the online store “AXIOMA” (hereinafter referred to as the Site) is a property of AXIOMA LLP (BIN 050640002829, legal address – Atyrau region, Atyrau, MJK street 1/31).
1.3. This Agreement regulates the relationship between the Administration of the website of the online store “AXIOMA” (hereinafter referred to as the Site Administration) and the User of this Site.
1.4. The terms of this User Agreement are considered by the Site Administration as a public offer in accordance with Art. 395 of the Civil Code of the Republic of Kazakhstan, the User Agreement comes into force from the moment of your acceptance to its terms.
1.5. The site administration has the right to change, add or delete clauses of this Agreement at any time without notifying the User.
1.6. Continuously using the Site by the User means acceptance of the Agreement and the amendments made to this Agreement.
1.7. The User is personally responsible for checking this Agreement for changes in it.
1.8. The User, informing “AXIOMA” by his e-mail and / or phone number, agrees to use these means of communication, belonged “AXIOMA”, as well as third parties engaged by the LLP for the purpose of fulfilling obligations to users, in order to email advertisements and informational contains about discounts, upcoming and current promotions and other AXIOMA’s, events such as a transfer the order for delivery, as well as other information, directly related to the fulfillment of obligations by the User in frames of this Agreement.
1.9. The current version of the Agreement is posted on the page at https://www.axioma-fabric.kz.
2. DEFINITIONS OF TERMS
2.1. The terms listed below have the following meaning for the purposes of this Agreement:
2.1.1 “AXIOMA” – an online store located on the domain name https://www.axioma-fabric.kz, carrying out its activities through the Internet resource and related services.
2.1.2. Online Store is a site containing information about the Goods, the Seller, allowing the User to select, order and (or) purchase the Goods.
2.1.3. The administration of the Online Store site is a team of authorized employees to manage the Site, acting on behalf of AXIOMA LLP.
2.1.4. A User of the Online Store website (hereinafter referred to as the User) is a person who has access to the Site via the Internet and uses the Site.
2.1.5. The content of the online store website (hereinafter referred to as the Content) is protected results of intellectual activity, including the texts of literary works, their names, prefaces, annotations, articles, illustrations, covers, musical works with or without text, graphic, textual, photographic, derivative, composite and other works, user’s interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, the structure, choice, coordination, appearance, general style and location of this Content, which is a part of the Site and other intellectual property objects all together and / or separately, contained on the website of the Online Store.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide to the User an access to the Online Store with the Goods and services contained on the Site.
3.1.1. The Online Store provides the User with the following types of services:
• access to electronic content with the right to view the content;
• access to the means of search and navigation of the Online Store;
• providing the User with the opportunity to post messages, comments, user reviews, rate the content of the Online Store;
• access to information about the Goods and to information about the purchase of the Goods, the rules for the purchase of the Goods, the methods and types of Goods delivery;
• other types of services sold in the Online Store.
3.1.2. All existing (actually functioning) services of the Online Store, as well as any subsequent modifications and additional services of the Online Store that appear in the future, are under the scope of this Agreement.
3.2. Access to the Online Store is provided free of charge.
3.3. The usage of materials and services of the Site is governed by the norms of the current legislation of the Republic of Kazakhstan
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The site administration has rights to:
4.1.1. Change the terms of use of the Site, as well as change the content of this Site. Changes come into force from the moment of publication of the new version of the Agreement on the Site.
4.1.2. Restrict access to the Site in case of violation by the User of the terms of this Agreement.
4.2. The User has the right to:
4.2.1. Access the usage of the Site after complying with the registration requirements.
4.2.2. Use all the services available on the Site, as well as purchase any Products offered on the Site.
4.3. The User of the Site undertakes:
4.3.1. Provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
4.3.2. Not to take actions that may be considered as disrupting the normal operation of the Site.
4.3.3. Not to distribute using the Site any confidential and protected by the legislation of the Republic of Kazakhstan information about individuals or legal entities. Avoid any actions as a result of which the confidentiality of information protected by the legislation of the Republic of Kazakhstan may be violated.
4.3.4. Do not use the Site to distribute advertising information.
4.3.5. Use the Site solely for the purposes and in the manner provided for in the Agreement and not prohibited by the legislation of the Republic of Kazakhstan.
4.4. The User is prohibited from:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Online Store Site;
4.4.2. Disrupt the proper functioning of the Site;
4.4.3. Unauthorized access to the functions of the Site, any other systems or networks related to this Site, as well as to any services offered on the Site;
4.4.4. Violate the security or authentication system on the Site or in any network related to the Site.
4.4.5. Perform a reverse search, track or attempt to track any information about any other User of the Site.
4.4.6. Use the Site and its Content for any purpose prohibited by the legislation of the Republic of Kazakhstan, as well as initiate any illegal activity or other activity that violates the rights of the online store or other persons.
5. USE OF THE WEBSITE OF THE ONLINE STORE
5.1. The Site and its Content, included the Site belongings, are managed by the Site Administration.
5.2. The content of the Site may not be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global network “Internet” without the prior written consent of the Site Administration.
5.3. The content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property, and the law of unfair competition.
5.4. The purchase of the Goods offered on the Site may require the creation of a User account.
5.5. The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activities that are conducted on behalf of the Account User without exception.
5.6. The User must immediately notify the Site Administration about the unauthorized use of his account or password or any other violation of the security system.
5.7. The Site Administration has the right to unilaterally cancel the User’s account if it has not been used for more than 6 (six) consecutive calendar months without notifying the User.
5.8. Information posted on the Site should not be construed as a change in this Agreement.
5.9. The Site Administration has the right at any time without notifying the User to make changes to the list of Goods and services offered on the Site, and (or) to the prices applicable to such Goods for their sale and (or) the services provided by the Online Store.
6. LIABILITY
6.1. Any losses that the User may incur in case of intentional or careless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Site Administration.
6.2. The Site Administration is not responsible for:
6.2.1. Delays or failures in the process of performing the operation, arising from force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.
6.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.
6.2.3. Proper functioning of the Site, in the event that the User does not have the necessary technical means for its use, and also does not bear any obligation to provide users with such means.
7. VIOLATION OF THE TERMS OF THE USER AGREEMENT
7.1. The Site Administration has the right to disclose any information collected about the User of this Site, if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to identify the User who may violate or interfere with the rights of the Site Administration or the rights of other Users of the Site.
7.2. The site administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or security of AXIOMA LLP, its partners, Users.
7.3. The site administration has the right to disclose information about the User if the current legislation of the Republic of Kazakhstan requires or permits such disclosure.
7.4. The Site Administration has the right, without prior notice to the User, to terminate and (or) block access to the Site if the User has violated this Agreement or the terms of use of the Site contained in other documents, as well as in case of termination of the Site or due to a technical malfunction or problem.
7.5. The Site Administration shall not be liable to the User or third parties for the termination of access to the Site in case of violation by the User of any provision of this Agreement or other document containing the terms of use of the Site.
7.6. The site administration has the right, without prior notice to the User, to disclose any information about the User that is necessary to fulfill its obligations to the User to purchase and deliver the Goods to its partners related to the fulfillment of these obligations.
7.7. “The terms and cost of delivery depend on each specific locality and the exact address, are changed by the company without additional notice to customers. All conditions are reflected on the page Delivery and payment (https://www.axioma-fabric.kz/payment-and-delivery/)”
8. DISPUTE RESOLUTION
8.1. In the event of any disagreements or disputes between the Parties to this Agreement, a mandatory condition before applying to the court is the submission of a claim (a written proposal for the voluntary settlement of the dispute).
8.2. The recipient of the claim within 30 calendar days from the date of its receipt, notifies the applicant of the claim in writing about the results of the consideration of the claim.
8.3. If it is impossible to resolve the dispute voluntarily, either Party has the right to apply to the court for the protection of its rights, which are granted to them by the current legislation of the Republic of Kazakhstan.
9. ADDITIONAL TERMS
9.1. The site administration does not accept counter proposals from the User regarding changes to this User Agreement.
9.2. User reviews posted on the Site are not confidential information and can be used by the Site Administration without restrictions.
9.3. The privacy policy published on the Site is a part of this User Agreement.