USER AGREEMENT                                                                                                                        

1. GENERAL PROVISIONS

1.1.      This User Agreement (hereinafter referred to as the Agreement) refers to the aggregate of online applications and the Site of Association of Legal Entities "Kazakh Grain Union" located in the address domain: grainunion.kz

1.2.      Any applications and site of grainunion.kz (hereinafter referred to as the Site) is the property of Association of Legal Entities "Kazakh Grain Union".

1.3.      The owner of the Site (and the Site administration acting on his behalf) and the user of this Site are parties to this Agreement, which governs their relationship.

1.4. The owner of the Site reserves the right to modify, add or delete clauses of this Agreement at any time without notifying the User.

1.5. Continued use of the Site by the User means acceptance of the Agreement and amendments made to this Agreement.

1.6. The User shall be personally responsible for reviewing this Agreement for changes thereto.

2.    DEFINITIONS OF TERMS

2.1.      The owner of the Site – Association of Legal Entities "Kazakh Grain Union", 010000, Republic of Kazakhstan, Astana city, K.Satpayev st. 21, settlement 7/2.

2.2.  Site Administration (hereinafter referred to as the Administrator) – an individual (group of persons) with special rights to manage the Portal, and (1) either being an employee of the Site Owner's organization (2) or acting on behalf of and for the benefit of the Site Owner.

2.3. AIS "Price Monitoring" (hereinafter referred to as AIS) – a program (both in general and its components) that is presented in an objective form by a set of data and commands, including the source text, database, audiovisual works included in the specified program, as well as any documentation on its use.

2.4. Use of AIS – reproduction of one copy of AIS by means of its launch by an authorized User.

2.5. Authorized User – any User who has logged in to the Site at least once. The rights of the authorized User are determined based on the AIS functionality and the settings determined by the Administrator.

2.6. Technical Support – activities carried out by the Administrator within the limits and scope established by him to ensure the functioning of the AIS, including information and consulting support.

2.7. Registration – an action aimed at creating a User Account on the Site.

2.8. Account – an entry in the Site database that stores data that allows you to uniquely identify the User and ensure his admission to work with the Site and AIS.

3.    SUBJECT OF THE AGREEMENT

3.1. Hereby, the Site Owner grants the User the right to use (simple non-exclusive license) AIS within its functionality without the right to sublicense to third parties.

3.2. The Agreement shall be entered into prior to or immediately upon the commencement of the use of the AIS and shall be valid for the period of its legal use by the User within the term of its copyright, subject to the requirements and restrictions set forth in the Agreement.

4.    RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The site administrator has the right to:

4.1.1. Change the rules for using the Site and AIS, as well as change their content.

4.1.2. Restrict the User's access to AIS in case the User violates the terms of this Agreement.

4.2. The user has the right to:

4.2.1. Access the use of the Site and AIS after compliance with the registration requirements.

4.2.2. Use the information available on the Site and interact with applications and online services (including AIS) provided by the Site.

4.2.3. Use the Site solely for the purposes and in accordance with the Agreement and not prohibited by the legislation of the Republic of Kazakhstan.

4.3. The Site User undertakes to:

4.3.1. Provide at the request of the Site Administrator additional information that is directly related to the use of the Site and AIS.

4.3.2. Read and unconditionally comply with the requirements of the Regulation "On Monitoring Export Prices for Grain Crops," approved by the Order of the Site Owner on December 22, 2022, No. 22.

4.3.3. Observe the property and non-property rights of authors and other copyright holders when using the Site and AIS.

4.3.4. Not to take actions that may be considered as violating the normal operation of the Site and AIS.

4.3.5. Not to distribute using the Site any confidential and protected by the legislation of the Republic of Kazakhstan information about individuals or legal entities.

4.3.6. Avoid any actions as a result of which the confidentiality of information protected by the legislation of the Republic of Kazakhstan may be violated.

4.3.7. Not to use the Site to distribute advertising information, except with the consent of the Site Administration.

4.3.8. As part of the work in AIS, provide only reliable information based on actual transactions.

4.4. The user is prohibited from:

4.4.1. Using any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Site and AIS;

4.4.2. Disrupting the proper functioning of the Site and AIS;

4.4.3. Bypassing the navigation structure of the Site in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Site;

4.4.4. 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. Violating the security or authentication system on the Site or on any network related to the Site.

4.4.5. Performing a reverse search, tracking or attempting to track any information about any other User of the Site and AIS.

4.4.6. Using the Site and its content for any purpose prohibited by the laws of the Republic of Kazakhstan, as well as inciting any illegal activity or other activity that violates the rights of the Site or other persons.

5.    USE OF THE SITE

5.1. The content of the Site may not be copied, published, reproduced, transmitted or distributed in any way, or posted on the global Internet without the prior written consent of the Site Owner.

5.3. The content of the Site and AIS is protected by copyright, trademark law, as well as other rights related to intellectual property, and unfair competition law.

5.4. The use of information posted on the Site may require the creation of a User account and authorization (authentication).

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 carried out on behalf of the User under his account.

5.6. The user must immediately notify the Site Administration of unauthorized use of his account or password or any other security violation.

5.7. The site administration has the right to unilaterally cancel the User's account if it has not been used for more than 2 months.

5.7. This Agreement extends to all additional terms and conditions for the provision of services provided on the Site.

5.8. Information posted on the Site shall not be construed as a change to this Agreement.

5.9. The Administrator has the right at any time without notifying the User to make changes to the list of information and services posted on the Site.

6.    RESPONSIBILITY

6.1. Any losses that the User may incur in the event of a deliberate or careless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not compensated by the Site Administration.

6.2. The site administration is not responsible for:

6.2.1. Delays or failures in the process of performing a transaction due to force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems, as well as due to the User providing false or erroneous data during Registration or changing registration data, including the loss of a password, change of email address, etc.

6.2.2. The proper operation of the Site, in cases where the User does not have the necessary technical means and skills for its use, and also does not have any obligation to provide users with such means.

7.    VIOLATION OF THE TERMS OF THE USER AGREEMENT

7.1. The Administrator has the right to disclose any information collected about the User of this Site and AIS if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or AIS or to establish (identify) a User who may violate or interfere with the Administrator's rights or the rights of other Users.

7.2. The Administrator has the right to disclose any information about the User that he considers necessary to comply with the provisions of the current legislation or court decisions, to ensure the fulfillment of the terms of this Agreement, to protect the rights or security of the organization and the Users.

7.3. The Administrator 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 Administrator may, without prior notice to the User, terminate and/or block access to the Site and AIS if the User has violated this Agreement or the terms of use of the Site or AIS contained in other documents, as well as in case of termination of the Site or due to a technical problem or problem.

7.5. The Administrator shall not be responsible to the User or third parties for the termination of access to the Site and AIS in case of violation by the User of any provision of this Agreement or other document containing the terms of use of the Site or AIS.

8.    DISPUTE RESOLUTION

8.1. In the event of any disagreements or disputes between the Parties to this Agreement, a mandatory condition before going to court is the presentation of a claim (a written proposal for a 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 in writing of the results of the consideration of the claim.

8.3. If it is impossible to resolve the dispute on a voluntary basis, either Party has the right to apply to the court for protection of its rights, which are granted to them by the current legislation of the Republic of Kazakhstan.

8.4. Any claim in respect of the terms of use of the Site and AIS shall be filed within a period after the occurrence of the grounds for the claim, with the exception of copyright protection for the Website materials protected in accordance with the law. In case of violation of the terms of this clause, any claim or grounds for claim shall be repaid.

9. ADDITIONAL TERMS AND CONDITIONS

9.1. The site administration does not accept counter offers from the User regarding changes to this User Agreement.

9.2. Any changes and additions to this Agreement may be made only by decision of the governing body of the Site Owner.

9.2. The User's reviews posted on the Site are not confidential information and can be used by the Site Administration without restrictions.

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