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Neo Group

User Agreement (Website Terms of Use)

This is an informational translation. In case of any discrepancy the Russian version of the document prevails.

1. General provisions and acceptance of the Agreement

1.1. This User Agreement (terms of use, hereinafter referred to as the "Agreement") governs the relations between the Limited Liability Partnership "Microfinance Organisation "LEGAL MONEY"", BIN 220440007472 (hereinafter referred to as the "Operator", the "Company", the "Website Administration"), and a user of the Internet (hereinafter referred to as the "User"), arising in connection with the use of the Internet resource located at https://neogroup.kz/ (hereinafter referred to as the "Website").

1.2. This Agreement is an official public document of the Operator and is addressed to an indefinite range of persons. The Agreement does not constitute a public offer within the meaning of Article 395 of the Civil Code of the Republic of Kazakhstan. The information on services, the terms thereof, tariffs and other materials posted on the Website is of an exclusively informational (reference) nature, does not constitute a public offer and does not give rise to any obligation of the Operator to enter into a contract. The specific terms and conditions for the provision of services shall be determined by separate contracts concluded between the Operator and the User in accordance with the established procedure.

1.3. The use of the Website by any means, including the viewing of its pages, shall signify the User's full and unconditional consent to the terms of this Agreement and of the Operator's Policy on the collection, processing and protection of personal data, which forms an integral part of the relations between the Parties. In the event of disagreement with the terms of this Agreement, the User shall refrain from using the Website.

1.4. The Operator shall be entitled at any time to amend the terms of this Agreement unilaterally. Amendments shall enter into force from the moment the new version of the Agreement is posted on the Website, unless otherwise provided for by the new version. The User shall independently monitor amendments to the Agreement. Continued use of the Website following the introduction of amendments shall signify the User's consent to the new version of the Agreement.

1.5. If the User has not attained the age at which, in accordance with the legislation of the Republic of Kazakhstan, the User is entitled to perform the relevant actions independently, the use of the Website shall be permitted with the consent and under the supervision of the User's legal representatives.

2. Terms and definitions

2.1. The following terms are used in this Agreement:

  • "Website" means the aggregate of information, texts, graphic elements, design, images, computer programs, databases and other objects posted on the Internet at https://neogroup.kz/ and its subdomains;
  • "Content" means all objects posted on the Website, including design elements, text, graphic images, illustrations, video, computer programs, databases, music, sounds, trademarks, service marks, trade names and other objects, as well as any other content;
  • "User" means a legally capable natural person or a legal entity accessing and (or) using the Website;
  • "Website Administration" means the Operator, which manages the Website and holds the rights thereto.

2.2. Other terms not defined by this Agreement shall be applied in the meanings established by the legislation of the Republic of Kazakhstan.

3. Subject matter of the Agreement

3.1. The subject matter of this Agreement is the provision by the Operator to the User of access to the Website and its functional capabilities on the terms established by this Agreement and the legislation of the Republic of Kazakhstan.

3.2. The Website provides the User with access to information on the Operator's activities and its services, as well as to feedback services and services for the submission of applications and enquiries. Access to the Website is provided free of charge.

3.3. This Agreement applies to all services and functional capabilities of the Website. The use of individual services of the Website may be governed by additional terms, which form an integral part of this Agreement.

4. Status and nature of the information posted on the Website

4.1. All information posted on the Website is of an exclusively informational (reference) nature and does not constitute an individual recommendation, advice, an offer, a proposal to enter into a contract or a guarantee that services will be provided on the terms set out therein.

4.2. The Operator makes reasonable efforts to ensure the reliability and currency of the information posted on the Website; however, the Operator does not guarantee the completeness, accuracy or currency thereof at any given moment in time and shall be entitled at any time, without prior notice, to amend, supplement and delete any information posted on the Website.

4.3. The terms of interaction between the Operator and the User, where such exist, shall be determined by separate contracts (agreements) concluded with the User in accordance with the established procedure. In the event of any discrepancy between the information posted on the Website and the terms of the contract concluded, the terms of the contract shall apply.

4.4. The information posted on the Website does not constitute financial, legal, tax or other professional advice. The User shall take any decisions on the basis of such information independently and at the User's own risk.

5. Rights and obligations of the User

5.1. The User shall have the right to:

  • access the Website and use its functional capabilities in accordance with this Agreement and the legislation of the Republic of Kazakhstan;
  • submit applications, requests and enquiries through the Website, as well as receive responses thereto in the manner established by the Operator;
  • use the information posted on the Website exclusively for personal, non-commercial purposes, in compliance with the Operator's rights to the Content.

5.2. The User shall be obliged to:

  • comply with the terms of this Agreement and the requirements of the legislation of the Republic of Kazakhstan when using the Website;
  • provide reliable, complete and up-to-date information when completing forms on the Website, as well as ensure the existence of legal grounds for the provision of the personal data of third parties;
  • refrain from any actions infringing the rights and legitimate interests of the Operator and (or) of third parties, as well as refrain from creating any threat to the normal functioning of the Website;
  • independently ensure the confidentiality and security of the devices, software and access data used by the User, as well as bear responsibility for all actions performed with the use thereof;
  • independently review the current version of this Agreement and of the Policy on the processing of personal data.

6. Rights and obligations of the Operator

6.1. The Operator shall have the right to:

  • at any time unilaterally amend the content, design and functional capabilities of the Website, as well as the terms of this Agreement;
  • suspend, restrict or terminate the operation of the Website (in whole or in part) for the purpose of carrying out preventive, routine, repair and other works without prior notice to the User;
  • restrict the User's access to the Website in the event of the User's breach of the terms of this Agreement or of the requirements of the legislation of the Republic of Kazakhstan;
  • collect and process the personal and other data of the User in accordance with the Policy on the collection, processing and protection of personal data;
  • send the User notifications relating to the use of the Website, as well as, where consent has been given, informational and advertising messages.

6.2. The Operator shall be obliged to ensure access to the Website in accordance with this Agreement, as well as to comply with the requirements of the legislation of the Republic of Kazakhstan concerning the processing and protection of the personal data of Users.

7. Intellectual property

7.1. The Website and all Content posted thereon, including but not limited to the domain name, design, structure, textual and graphic materials, software, databases, trademarks, service marks, trade name and commercial designation, constitute objects of intellectual property, the rights to which belong to the Operator or are used by it on lawful grounds, and are protected by the legislation of the Republic of Kazakhstan.

7.2. No provision of this Agreement grants the User the right to use the Content of the Website, save for reviewing it for personal, non-commercial purposes. Any use of the Content, including copying, reproduction, adaptation, distribution, public display and communication to the public, is prohibited without the prior written permission of the Operator, except in cases expressly provided for by the legislation of the Republic of Kazakhstan.

7.3. The use of the Content in breach of the terms of this Agreement shall entail the liability established by the legislation of the Republic of Kazakhstan.

8. Disclaimer of warranties and limitation of liability

8.1. The Website and its services are provided to the User on an "as is" and "as available" basis. The Operator does not guarantee that the Website will operate without interruption, errors or failures, that it will be available at any time, that it will correspond to the purposes and expectations of the User, or that the results obtained through the use of the Website will be accurate and reliable.

8.2. To the extent permitted by the legislation of the Republic of Kazakhstan, the Operator shall not be liable for any direct or indirect losses, loss of profit, or any other harm arising as a result of: the use of or the inability to use the Website; unauthorised access by third parties to the User's data occurring through no fault of the Operator; failures, interruptions and other disruptions in the operation of the Website caused by reasons beyond the reasonable control of the Operator; the acts or omissions of telecommunications operators, hosting providers and other third parties; the User's use of the information posted on the Website.

8.3. The Operator shall not be liable for the content of third-party Internet resources to which links may be contained on the Website, nor for any consequences of the User's use of such resources. The placement of links does not signify the Operator's endorsement of the relevant resources or of their content.

8.4. The User uses the Website at the User's own risk and shall independently bear responsibility for any possible damage caused to the User's devices and data as a result of the use of the Website.

8.5. The aggregate liability of the Operator on any grounds connected with the use of the Website shall be limited to the extent established by the mandatory provisions of the legislation of the Republic of Kazakhstan. Nothing in this Agreement excludes or limits the liability of the Operator to a greater extent than is permitted by the legislation of the Republic of Kazakhstan.

9. Prohibited actions when using the Website

9.1. When using the Website, the User is prohibited from:

  • disrupting the normal operation of the Website, as well as performing actions aimed at destabilising its functioning, including distributing malicious software;
  • obtaining unauthorised access to the Website, to its individual sections, servers and databases, as well as to the accounts and data of other Users;
  • using automated means (including scripts, bots and parsers) to collect information from the Website without the written consent of the Operator;
  • posting or transmitting through the Website information which is unlawful, unreliable or offensive, or which infringes the rights of third parties or the requirements of the legislation of the Republic of Kazakhstan;
  • using the Website for the distribution of advertising, spam and other materials without the consent of the Operator;
  • performing any other actions infringing the rights and legitimate interests of the Operator and (or) of third parties.

9.2. Breach of the provisions of this section shall constitute grounds for the restriction or termination of the User's access to the Website and shall entail the liability established by the legislation of the Republic of Kazakhstan.

10. Links to third-party resources

10.1. The Website may contain links to the Internet resources of third parties. Such links are provided solely for the convenience of the User. The Operator does not control and shall not be liable for the content, privacy policy, operability and security of third-party resources.

10.2. The following of links to and the use of third-party resources are carried out by the User independently and at the User's own risk.

11. Force majeure

11.1. The Operator shall be released from liability for the total or partial failure to perform obligations connected with the operation of the Website if such failure resulted from force majeure circumstances arising after this Agreement entered into force, which the Parties could not have foreseen or prevented by reasonable measures, including: natural disasters, fires, accidents, epidemics, military operations, acts of terrorism, civil unrest, actions (acts) of state authorities, power outages, failures in the operation of communications networks and of the Internet, as well as other circumstances beyond the reasonable control of the Operator.

12. Dispute resolution procedure and governing law

12.1. The law of the Republic of Kazakhstan shall apply to this Agreement and to the relations between the Operator and the User arising in connection with the use of the Website.

12.2. All disputes and disagreements arising out of or in connection with this Agreement shall be resolved by the Parties through negotiations. Compliance with the pre-trial (claim) procedure for the settlement of a dispute is mandatory; the period for the consideration of a claim shall be ten working days from the moment of its receipt, unless a different period is established by the legislation of the Republic of Kazakhstan.

12.3. Should agreement not be reached, the dispute shall be subject to consideration by a court in the manner established by the legislation of the Republic of Kazakhstan, at the location of the Operator, unless a different jurisdiction is established by the mandatory provisions of the legislation of the Republic of Kazakhstan.

13. Amendment and termination of the Agreement

13.1. This Agreement shall enter into force from the moment of its approval by the Operator and its posting on the Website and shall remain in force for an indefinite period until it is cancelled or replaced by a new version.

13.2. The Operator shall be entitled at any time to unilaterally withdraw from the performance of this Agreement in respect of a particular User in the event of that User's breach of the terms of this Agreement or of the requirements of the legislation of the Republic of Kazakhstan.

14. Final provisions

14.1. This Agreement constitutes the entire agreement between the Operator and the User with regard to the procedure for the use of the Website and supersedes all prior arrangements on this subject matter.

14.2. The recognition of individual provisions of this Agreement as invalid or unenforceable shall not entail the invalidity of its other provisions.

14.3. The failure of the Operator to act in the event of the User's breach of the terms of this Agreement shall not deprive the Operator of the right to take appropriate action in defence of its interests at a later date and shall not constitute a waiver by the Operator of its rights.

15. Details of the Operator

Full name: Limited Liability Partnership "Microfinance Organisation "LEGAL MONEY"" (LLP "MFO "LEGAL MONEY"").

BIN: 220440007472.

Registered and actual address: Republic of Kazakhstan, Almaty Region, Ily District, Askar Tokpanov rural district, Askar Tokpanov village, K. Baikadamkyzy Street, house 71, apartment 2, postal code 040718.

Official website: https://neogroup.kz/.