User Agreement

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User Agreement

1. General provisions
1.1. The Operator offers the Internet user (hereinafter - the User) - to use the lessor.kz and other official web resources of the Operator on the terms and conditions set out in this User Agreement (hereinafter - Agreement, SOW). The Agreement comes into force from the moment the User expresses consent to its terms in the manner provided by clause 1.4 of the Agreement.
1.2. The Operator offers Users access to information content of lessor.kz as well as to online booking service. All existing at present web-resources, as well as any development of them and/or addition of new ones are subject to this Agreement.

1.3 The use of the Operator's website is governed by this Agreement, the Privacy Policy, as well as the Public Offer Agreement when using the online booking service. The Agreement may be changed by the Operator without any special notification, the new version of the Agreement comes into force from the moment of its posting in the Internet at this address, unless otherwise provided by the new version of the Agreement.
1.4. By starting to use/view the Website or by submitting their data and/or posting a review/comment, the User is deemed to have accepted the terms and conditions of the Agreement in full, without any reservations and exceptions. In case the User does not agree with any of the provisions of the Agreement, the User is not entitled to use the website. In case the Operator has made any changes to the Agreement in the manner prescribed by clause 1.3 of the Agreement, with which the User does not agree, he is obliged to stop using the website.

2. online booking
2.1. In order to use the online booking service, the User must undergo the procedure of providing personal data, as a result of which the Operator will receive the provided data for their further processing and use in accordance with the Law of the RK dated 11.12.23, No. 44-VIII.
2.2 The User undertakes to provide true and complete information about himself/herself on the issues offered in the booking form and to keep this information up to date. If the User provides incorrect information or the Operator has reason to believe that the information provided by the User is incomplete or unreliable, the Operator has the right at its discretion - to refuse to provide online booking services to the User.

2.3 The Operator reserves the right at any time to require the User to confirm the data provided during the online booking and request supporting documents (in particular - identity documents, including documents confirming the payment for booking and accommodation services), the failure to provide which, at the discretion of the Operator, may be equated to the provision of false information and entail the consequences provided for in clause. 2.2 of the Agreement. In case the User's data specified in the documents provided by the User do not correspond to the data specified during online booking, as well as in case the data specified during online booking do not allow to identify the User, the Operator has the right to refuse to provide services to the User.

2.4 The User's personal information provided by the latter is stored and processed by the Operator in accordance with the terms of the Privacy Policy.
2.5. Conditions for obtaining a guarantee of entry.
2.5.1 The condition for obtaining a guaranteed arrival in the selected apartments is that the User makes a prepayment in the manner and amount described in the terms and conditions of the selected tariff and the official response to the accepted online booking request. The official response of the Operator's administration is always sent to the User's e-mail address, which he/she indicated in the request or by other notification methods (WhatsApp, Telegram) indicated by him/her.
2.6. Terms and conditions of service provision
2.6.1 The User may not sell and resell, as well as use for any commercial purposes any of the Operator's services, unless the User has received such authorisation from the Operator.

2.7 Cancellation of booking
2.7.1 The User has the right to refuse to use the ordered and prepaid services of the Operator in accordance with the procedure described in clause 6 of this Public Offer Agreement
3. General provisions
3.1. The Operator has the right to establish restrictions in the provision of services for all Users, or for certain categories of Users (depending on the location of the User, the language in which the service is provided, etc.), including: the presence/absence of certain service options, the period of stay in the selected apartments.
The Operator may prohibit access to the site, as well as stop accepting and processing any information provided by Users, etc.

3.2 The Operator has the right to send informational messages to its Users. By using the lessor.kz website and any other third-party websites, the User also, in accordance with the Law of the Republic of Kazakhstan dated December 19, 2003 № 508-II "On Advertising", gives its consent to receive messages of advertising nature. The User has the right to refuse to receive advertising messages by using the corresponding functionality of the service, within the framework of which or in connection with which the User received advertising messages.
3.3. In order to improve the quality of services, the Operator has the right to collect opinions and feedback from Users on various issues by sending a questionnaire with questions to the User, as well as by means of third-party sites that have an official page of the Hotel. Collected opinions and feedback can be used to form statistical data that can be used by the Operator for its own purposes. Reviews left by the User using the Operator's website and/or other third-party sites may also be published by the Operator on the Operator's official website or on the hotel's official pages posted on third-party sites on the Internet, both with or without specifying the user's name (login). When writing reviews, the User undertakes to be guided by the requirements of this Agreement, including the requirements established by cl. 5 of this Agreement.

4. User Content

4.1. The User is independently responsible for the compliance of the content posted by the User with the requirements of the current legislation, including liability to third parties in cases when the User's posting of this or that content or the content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or infringes on intangible benefits belonging to them.

4.2 The User acknowledges and agrees that the Operator is not obliged to review the content of any kind posted and/or distributed by the User via the official website of the hotel, including via third-party sites on the Internet, and that the Operator has the right (but not the obligation) at its discretion to refuse to post and/or distribute content to the User or remove any content that is available on the official resources of the Operator. The User realises and agrees that he/she should independently assess all risks associated with the use of content, including the assessment of reliability, completeness or usefulness of this content.

4.3. The User realises and agrees that the technology of third-party sites may require copying (reproduction) of the Operator's User content, as well as its processing by the Operator to meet the technical requirements of a particular service.

5. Terms of use of the Operator's web resources

5.1 The User is independently liable to third parties for his/her actions related to the use of the Operator's official web resources, including if such actions result in violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Operator's official web resources.

5.2. When using the Operator's web resources, the User may not:

5.2.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, harmful, defamatory, insulting to morals, demonstrates (or is a propaganda of) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organisations, contains elements (or is a propaganda of) pornography, child erotica

5.2.2. violate the rights of third parties, including minors and/or harm them in any form;

5.2.3. impersonate another person or representative of an organisation and/or community without sufficient rights, including the Operator's employees, site moderators, site owner, as well as use any other forms and methods of illegal representation of other persons in the network, as well as misleading Users or the Operator about the properties and characteristics of any subjects or objects;

5.2.4. upload, send, transmit or in any other way post and/or distribute content, in the absence of rights to such actions under the law or any contractual relationship;

5.2.5. upload, send, transmit or in any other way place and/or distribute advertising information, spam (including search spam), lists of other people's e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), Internet earning systems and e-mail businesses, "chain letters", as well as use the Operator's services to participate in these activities, or use the Operator's services solely to redirect users to pages of other domains;

5.2.6. upload, send, transmit or in any other way post and/or distribute any material containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunication equipment or programs, for unauthorised access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorised access

5.2.7. unauthorised collection and storage of personal data of other persons;

5.2.8. disrupt the normal operation of the Operator's web resources;

5.2.9. assist in actions aimed at violation of restrictions and prohibitions imposed by the Agreement;

5.2.10. otherwise violate the norms of legislation, including the norms of international law.

6. Exclusive rights to web resources and content

6.1. All objects available on the Operator's web resources, including design elements, text, graphic images, illustrations, video, sounds and other objects (hereinafter referred to as the content of web resources), as well as any content placed on the Operator's web resources are the objects of exclusive rights of the Operator, Users and other right holders.

6.2 The use of the content, as well as any other elements of the Operator's web resources is possible only within the functionality offered by a particular web resource. No elements of the content of the Operator's web resources, as well as any content posted on the Operator's web resources may be used in any other way without prior permission of the right holder. Use means, among others: reproduction, copying, processing, distribution on any basis, framing, etc. Exceptions are cases directly stipulated by the legislation of the Republic of Kazakhstan or the terms of use of a particular web resource of the Operator. The User's use of content elements of web resources, as well as any content for personal non-commercial use, is allowed provided that all copyright protection marks, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author / name of the right holder is preserved in an unchanged form, the corresponding object is preserved in an unchanged form. Exceptions are cases directly stipulated by the legislation of the Republic of Kazakhstan or user agreements of one or another web resource of the Operator.

7. Third party websites and content

7.1. The Operator's web resources may contain links to other sites on the Internet (third party sites). These third parties and their content are not checked by the Operator for compliance with any requirements (reliability, completeness, legality, etc.). The Operator is not responsible for any information, materials placed on third party sites to which the User gains access using web resources, including any opinions or statements expressed on third party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.

7.2. The link (in any form) to any website, product, service, any information of commercial or non-commercial nature, placed on the Operator's web resources, does not constitute an endorsement or recommendation of these products (services, activities) on the part of the Operator, unless it is expressly indicated on the Operator's resources.

8. Advertising on the Operator's services

8.1 The Operator is responsible for the advertising placed by it on the Operator's web resources within the limits established by the RK legislation.

9. Lack of guarantees, limitation of liability

9.1. The User uses the Operator's web resources at his/her own risk. Web resources are provided "as is". The Operator does not assume any responsibility, including for the compliance of the web resources with the User's goals;

9.2. The Operator does not guarantee that: web resources meet/will meet the User's requirements; web resources will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the services will be accurate and reliable and can be used for any purpose or in any capacity (e.g. to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained using web resources will meet the User's expectations;

9.3 Any information and/or materials (including downloadable software, emails, any instructions and guides to action, etc.), which the User accesses using the Operator's web resources, the User may use at his/her own risk and is solely responsible for the possible consequences of using the said information and/or materials, including damage that it may cause to the User's computer or third parties, for loss of data or any other harm;

9.4. The Operator shall not be liable for any kind of losses incurred due to the User's use of the Operator's web resources or separate parts/functions of the Operator's web resources;


10. Other provisions

10.1 This Agreement is a contract between the User and the Operator regarding the procedure of using web resources and services provided by them and replaces all previous agreements between the User and the Operator.

10.2 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Republic of Kazakhstan. All possible disputes arising out of the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Republic of Kazakhstan, in accordance with the norms of Kazakhstani legislation. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" shall mean both the legislation of the Republic of Kazakhstan and the legislation of the User's place of residence.

10.3 Due to the gratuitous nature of the services provided under this Agreement, the norms on consumer rights protection provided by the legislation of the Republic of Kazakhstan cannot be applicable to the relations between the User and the Operator.

10.4 Nothing in the Agreement may be understood as establishing between the User and the Operator agency relations, partnership relations, relations of joint activity, relations of personal employment, or any other relations not expressly provided for in the Agreement.

10.5 If for one reason or another one or more provisions of this Agreement is held invalid or unenforceable, the validity or enforceability of the remaining provisions of the Agreement shall not be affected.

10.6 Inaction on the part of the Operator in case of violation of the provisions of the Agreements by the User or other users does not deprive the Operator of the right to take appropriate actions in defence of its interests later, nor does it mean the Operator's waiver of its rights in case of similar or similar violations in future.

10.7 This Agreement is drawn up in the Russian language and in some cases may be provided to the User for familiarisation in another language. In case of discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.