This User Agreement (hereinafter — the “Agreement”) is an official public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (“CC RK”) and governs the relationship between the owner of the website www.erkinwork.kz, namely ErkinWork, BIN/IIN 620917402780 (hereinafter — the “Administration”), and individuals or legal entities (hereinafter — the “User”) arising from the use of the Website.
Use of the Website constitutes full and unconditional acceptance of this Agreement by the User.
1. Terms and Definitions
(Glossary)
Definitions are used as follows:
Website — all software, graphic and information materials hosted at www.erkinwork.kz under the Administration’s control.
Administration — the person or entity managing the Website, its content, and processing Users’ personal data in accordance with the Law “On Personal Data and Their Protection” No. 94-V (21 May 2013).
User — any individual or legal entity accessing the Website via the Internet and accepting this Agreement.
Personal Data — data relating to an identifiable individual as defined by the above Law.
Processing — collection, storage, modification, use, dissemination, blocking, or deletion of personal data, automated or otherwise.
Acceptance — full and unconditional agreement to this document expressed through registration on the Website.
Registration — creation of a personal account by providing required information and agreeing to the Terms.
Account — User data used for identification and authorization, including login, password, and profile details.
Content — texts, images, media, code, databases, design elements, and any intellectual property on the Website.
Website Services — all informational, consulting, commercial, or other services provided through the Website.
Legislation of RK — the Constitution, Civil Code, laws, and other acts of the Republic of Kazakhstan.
Confidential Information — any restricted or proprietary data including personal and business information.
Third Parties — any individuals or organizations not parties to this Agreement.
Cookies — small files stored on the User’s device to enhance Website functionality.
IP Address — the User’s unique network identifier recorded upon access.
2. General Provisions
2.1. This Agreement defines the rules for Website use, registration, posting information, obtaining services, and the rights, obligations, and liabilities of both Parties.
2.2. It is developed in accordance with the Civil Code, the Law “On Information” (24 Nov 2015 No. 418-V), the Law “On Personal Data and Their Protection” (21 May 2013 No. 94-V), and other acts.
2.3. The Administration may amend this Agreement at any time. Updates take effect upon publication. Continued use signifies acceptance.
3. Rights and Obligations of the User
User rights:
— View public sections of the Website;
— Register an account and use its functions;
— Receive accurate information about services;
— Contact support;
— Seek legal protection where applicable.
User obligations:
— Provide accurate and current information;
— Update personal data as needed;
— Not disrupt the Website or attempt unauthorized access;
— Not publish unlawful or offensive material;
— Respect copyright and intellectual property;
— Assume responsibility for all actions under their credentials.
4. Rights and Obligations of the Administration
Rights:
— Modify Website structure or suspend its operation without prior notice;
— Restrict access for violations;
— Moderate or remove illegal content;
— Send service or informational messages.
Obligations:
— Ensure Website operation within technical capabilities;
— Protect Users’ personal data;
— Comply with Kazakhstani legislation on data storage and processing.
5. Personal Data Protection
5.1. Data collection and processing comply with Law No. 94-V “On Personal Data and Their Protection.”
5.2. By registering, the User consents to data processing for:
1. Providing Website services;
2. Fulfilling contractual obligations;
3. Ensuring safety and legal compliance;
4. Sending notifications.
5.3. Data are processed both automatically and manually.
5.4. The Administration shall:
— Not share data with third parties without consent, unless required by law;
— Maintain confidentiality and security;
— Stop processing upon written User request unless prohibited by law.
5.5. The User may withdraw consent in writing.
6. Intellectual Property
All Website materials (text, graphics, code, databases, design) are protected by law.
The User receives a limited, non-exclusive license for personal use.
Copying or redistribution without written permission is prohibited.
7. Limitation of Liability
The Administration is not liable for temporary outages, data loss, or any damages arising therefrom, nor for third-party actions or external resources linked on the Website. Use is at the User’s own risk.
8. Dispute Resolution
Disputes shall first be settled amicably.
A pre-trial claim is mandatory; response time — 10 days.
If unresolved, the case shall be submitted to the courts of Kazakhstan at the Administration’s location.
9. Final Provisions
This Agreement is effective upon publication and remains valid indefinitely.
Invalidity of individual clauses does not affect the remainder.
Unregulated matters are governed by the legislation of the Republic of Kazakhstan.
10. Liability of the Parties
Each Party bears responsibility for failure to fulfill its obligations under Kazakhstani law.
The User is liable for:
— Providing false information;
— Unauthorized actions;
— Rights violations or damages caused.
The Administration is liable within its technical and legal capacity for lawful processing and data protection.
Neither Party is liable for failure caused by force majeure confirmed in accordance with Kazakhstani law.