Public Offer

1. Terms and General Provisions

1.1. This offer (hereinafter — the “Offer”) is a public proposal of the limited liability partnership “IKIDZ” (hereinafter — the “Contractor”, the “Company”) to enter into a service agreement on the terms set out in this Offer.

1.2. Acceptance of the Offer (acceptance of its terms) consists of: (a) registration in the “IKIDZ” mobile application by completing the registration form and/or (b) payment for services through the mobile application. Upon acceptance of the Offer, an agreement in public form is deemed concluded between the User and the Contractor (hereinafter — the “Agreement”).

1.3. The terms used in the Offer shall be interpreted as follows:

• “User” — an individual (including the legal representative of a minor) who has accepted the Offer;
• “Mobile Application (Application)” — the “IKIDZ” software for interacting with the service;
• “Subscription” — the tariff/membership type paid for by the User;
• “Subscription Activation” — the moment the service period under the Subscription begins (the activation date in the Application);
• “Registration Form” — the form of joining the Offer, containing individual data and the terms of service provision; it is an integral part of the Agreement;
• “Centers / Partner Venues” — the places where the Contractor's partners actually provide in-person services.

2. Subject of the Agreement

2.1. The Contractor provides the User with access to the functionality of the Application and arranges the provision of services in the field of children's education, sports, creative activities and leisure/entertainment (group and individual classes, events, competitions, etc.) in the scope, order and on the terms selected by the User when purchasing the Subscription.

2.2. The services are provided through partner organizations; the Contractor is not responsible for the organizational specifics of third-party partners.

2.3. The place, term, format and other conditions of service provision are determined by the description of the selected Subscription in the Application.

3. Registration, QR Code and Identification

3.1. To gain access to the services, the User completes the registration form, provides accurate personal data and uploads (provides) a photograph (biometric data, if necessary) for identification. Registration data is personal and may not be transferred to third parties.

3.2. After registration, the User is assigned a QR code for access to the Centers. The QR code is a means of identifying and using precisely the Subscription to which it is linked. Transferring the QR code/access to third parties is prohibited; in the event of such transfer, the Contractor has the right to suspend access and/or terminate the Agreement without a refund.

4. Cost, Payment Procedure and Refunds

4.1. The cost of the services is determined by the price list and the terms of the selected Subscription published in the Application at the time of purchase. The settlement currency is the tenge (KZT).

4.2. Payment procedure: by non-cash debit through the payment platforms in the Application or by transfer to the Contractor's current account; the moment of payment is the receipt of funds in the Contractor's account.

4.3. Payment structure: 70% of the Subscription cost is the cost of the services provided; 30% is the entry/membership fee (including administrative expenses). The membership fee is non-refundable in any case.

4.4. In the event of early termination at the User's initiative, a refund is possible in the amount of the remaining balance, with the exception of: (a) the non-refundable membership fee; (b) the cost of services actually rendered; (c) an administrative penalty of 20% of the amount remaining after deducting the cost of services actually rendered. The refund is made within 10 banking days from the date the Contractor accepts the request. The Contractor reserves the right to refuse a refund in the event of abuse of rights or if violations by the User are discovered.

4.5. Bonuses, gift certificates and other promotional options are not subject to monetary compensation, unless otherwise provided by the terms of the relevant promotion.

4.6. If it is impossible to provide the Services through the fault of the Contractor due to full or partial inoperability of the Application, the Contractor undertakes to refund to the User 100% of the cost of the Services not provided, calculated in proportion to the number of unused classes (remaining classes) at the time such impossibility arose and the services were refused through the fault of the Contractor.

5. Freezing (Suspension) of the Subscription

5.1. Freezing is a temporary suspension of the provision of services with an extension of the Subscription term by the freeze period. A freeze is granted upon a request initiated by the User through the Application or a manager and must be arranged before the start of the freeze period; a freeze does not apply retroactively.

5.2. Standard freeze limits: annual subscription — 20 calendar days; six-month subscription — 10 calendar days; three-month subscription — 5 calendar days. A freeze is granted no more than once a month and within the total volume established by the terms of the specific Subscription/Registration Form.

5.3. After the freeze limit is exhausted, no further extension is granted. The validity period of paid additional services is extended by a period corresponding to the freeze period.

6. Rights and Obligations of the Contractor

6.1. The Contractor undertakes to:

• provide access to the purchased services in the scope and within the terms specified in the Subscription;
• ensure the operation of the Application, except for scheduled and emergency maintenance;
• inform the User of material changes to the terms of service provision, schedules and access rights.

6.2. The Contractor has the right to:

• make changes to the list of Centers, the schedule and the range of services; new addresses and services are deemed included in the Agreement from the moment they are published in the Application;
• temporarily restrict or suspend access in the event of a violation of the terms of the Agreement by the User;
• require supporting documents (medical certificates, etc.) where there are grounds to believe that the User's health poses a risk to the User or others;
• restrict access in the absence of registration, personal data or photographs required for identification;
• terminate the Agreement unilaterally in the event of a gross violation of its terms by the User (including transferring access to third parties), with prior notice within the period specified in the Agreement; no refund is made in this case;
• unilaterally amend this Offer — the new terms take effect from the moment they are published in the Application.

7. Rights and Obligations of the User

7.1. The User undertakes to:

• provide accurate data at registration and update it in a timely manner;
• comply with the rules for visiting the Centers and the instructions of Center staff;
• not transfer their account details, QR code or access to third parties;
• refrain from attending classes in the presence of infectious, acute or other medical contraindications and, upon request, provide supporting documents;
• pay for additional services in a timely manner.

7.2. The User has the right to:

• receive services in the scope and on the terms of the selected Subscription;
• request and receive information about the operation of the Centers;
• submit suggestions and complaints through the functionality of the Application or via WhatsApp;
• exercise the right to terminate the Agreement in compliance with the provisions of Section 4.

8. Liability of the Parties and Limitation of Liability

8.1. The Parties bear liability for non-performance or improper performance of obligations in accordance with the legislation of the Republic of Kazakhstan and the terms of this Offer.

8.2. The Contractor is not liable for:

• damage caused as a result of quarantine, sanitary, legislative or other restrictions imposed by government authorities;
• harm resulting from the User's own negligence or failure to comply with safety requirements and recommendations;
• unlawful actions of third parties;
• temporary interruptions in the operation of the Internet, payment services and third-party infrastructure.

8.3. The Contractor is liable only up to the amount actually paid by the User for the relevant Subscription period, unless other intentional or gross violation on the part of the Contractor is proven.

8.4. The User undertakes to compensate all losses of the Contractor and third parties arising as a result of the User's violations of the terms of the Agreement (including the costs of litigation and pre-trial claim procedures, payment system commissions, etc.).

9. Force Majeure

9.1. The Parties are released from liability for partial or complete non-performance of obligations if it is caused by force majeure circumstances that arose after the conclusion of the Agreement: natural disasters, military actions, epidemics, acts of government authorities, power outages, etc. The Party affected by force majeure circumstances must notify the other Party within a reasonable time and, if necessary, provide supporting documents.

10. Termination of the Agreement

10.1. The User has the right to terminate the Agreement by sending a written application through the Application or via WhatsApp; the period of prior notice is at least 5 calendar days, unless otherwise provided by the terms of the specific Subscription.

10.2. The Contractor has the right to terminate the Agreement unilaterally in the event of a violation of the terms of the Agreement by the User, notifying the User in the manner established in the Application; a refund is not guaranteed in this case.

10.3. Upon expiry of the Subscription term, the Contractor's obligations are deemed fulfilled.

11. Confidentiality and Personal Data

11.1. The Contractor collects, stores and processes the User's personal data to the extent necessary to perform the Agreement and provide the services, in accordance with the current legislation of the Republic of Kazakhstan on personal data protection.

11.2. The list of processed data may include: full name, date of birth, contact details, passport data, address, data on legal representatives, photographs/biometric data, health information (if necessary and with consent). Special categories of data are processed only with the User's separate voluntary consent and to the extent necessary for the provision of services.

11.3. The User consents to: receiving SMS/Push notifications and email mailings; video surveillance on the territory of the Centers for security purposes and for the resolution of disputed situations; and the use of photographs/video materials in the Contractor's advertising and information materials, subject to separate consent.

11.4. The Contractor undertakes not to transfer personal data to third parties, except in the following cases: (a) for the performance of the Agreement (to partner venue operators, payment agents), (b) as required by law or upon requests from government authorities, (c) with the User's consent.

12. Intellectual Property

12.1. All rights to the Application software, design, content and other intellectual property objects belong to the Contractor or are used by it on lawful grounds. The User receives a limited non-exclusive license to use the materials within the performance of this Agreement; any other transfer of rights is prohibited.

13. Procedure for Considering Claims and Disputes

13.1. All claims regarding the quality of services or other claims must be submitted by the User in writing through the functionality of the Application or via the Contractor's WhatsApp. The period for considering a claim is 30 calendar days from receipt.

13.2. All disputes, disagreements and claims arising under this (the above) agreement, as well as under other agreements arising from this agreement or in connection with it, including those relating to their performance, breach, termination or invalidity, the Parties undertake to submit for consideration to the permanent Arbitration “Themis”, established at LLP “Arbitration Themis”, BIN 191140010347, in accordance with its Rules, by a panel of arbitrators consisting of one presiding arbitrator, in the Russian language, in the city of Almaty, at the location of “Arbitration Themis”, in compliance with the procedure established by the current legislation of the Republic of Kazakhstan, exclusively by way of written proceedings.

14. Amendments to the Offer

14.1. The Contractor has the right to unilaterally make amendments and additions to this Offer; the new version takes effect from the moment it is published in the Application or on the official website, unless otherwise specified in the text of the amendments. Continued use of the Application after publication of the new version means the User's agreement to the amended terms.