NGP User Agreement

This User Agreement governs the relationship between LLP NEW GENERATION PROJECT and the Internet user (User) arising when using the Internet resource and the NGP mobile application (hereinafter referred to as NGP), on the terms specified in the User Agreement.

The User Agreement may be changed by NGP at any time without any special notice to the User.

Regular familiarization with the current version of the User Agreement is the responsibility of the User.

The use of www.ngp.kz after the entry into force of the User Agreement means the User agrees with it and applies the provisions of the new edition to it in full.

The current version of this User Agreement is available at https://ngp.kz.

This Agreement, in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, is a public contract offer (offer) and comes into force from the moment the User accepts its terms (acceptance) by registering on the website or mobile application, which, within the meaning of Article 396 p. .3 of the Civil Code of the Republic of Kazakhstan is acceptance (acceptance) of the offer.

1. Terms and definitions

In this User Agreement, the terms specified below have the following meanings:

The owner of the Site is LLP NEW GENERATION PROJECT, BIN 230240004393.

www.ngp.kz and/or Internet resource – website www.ngp.kz and mobile application, which belongs to LLP NEW GENERATION PROJECT.

User is a visitor to Internet resources, including www.ngp.kz.

User Agreement - this Agreement and other rules and documents regulating the operation of www.ngp.kz or defining the procedure for using the Services, published on the Internet resource.

Services - functionality, services, services, tools available to Users on www.ngp.kz.

Mobile application is an application for portable (mobile) devices installed or downloaded by the User on such devices using various software platforms, designed to access www.ngp.kz.

Advertisement (Profile, Promotion) - an information message with an offer for a service (including contact information, photographs and any related information), posted by the User on www.ngp.kz, addressed to an indefinite number of persons.

Service Provider - a User who posts on www.ngp.kz relevant information about the provision of services (sports, arts, education, etc.) in the manner determined by the NGP website and/or mobile application.

Service Recipient - a User viewing an Advertisement posted by the Seller.

Credentials - a unique login (email address) and password, created independently by the User during the Registration process on the Internet resource or later changed by the User through the Personal Account, used to access the Personal Account after the User is authorized on www.ngp.kz.

Personal Account - the User’s personal section on www.ngp.kz, associated with the User’s account on the Internet resource, in which the User has access to management of individual www.ngp.kz Services, including ordering them, connecting / disconnecting them, on the proposed conditions.

Registration is a set of actions by the User in accordance with the instructions specified on www.ngp.kz, including the provision of Credentials and other information, performed by the User using a special form of the user interface www.ngp.kz in order to create a Personal Account and gain access to certain Services of www.ngp.kz.

Information - any materials and information provided by the User in connection with the use of www.ngp.kz.

Biometric identification is a procedure for identifying the User in order to unambiguously confirm his identity based on his physiological and biological characteristics.

2. General provisions. Access to Internet resource services

2.1. NGP offers the User, under the terms of this User Agreement, to use the Services available on www.ngp.kz, including services for hosting, processing and processing user data through a personal account on the Internet information resource and application www.ngp.kz (hereinafter in the text and in In all primary documents, an equivalent and equivalent abbreviated name will be used - services for posting, processing and processing user data through the LAN on www.ngp.kz), as well as searching and viewing Advertisements and other Services offered on the Internet resource. Additional terms, conditions and restrictions may apply to the use of certain NGP Services. NGP has the right at any time to revise or change the terms of provision of the Services, supplement, change, limit, expand the functionality of the Internet resource and/or Services, including the conditions for the User’s access to the Services or individual functionality of the Site.

2.2. Services are provided to the User in accordance with the conditions specified during use.

2.3. https://ngp.kz/ The provision of individual Services may be governed by special rules and/or agreements that are an integral part of this User Agreement, other conditions and rules, individual agreements drawn up in writing and signed by NGP and the User. In the event of a contradiction or inconsistency between the text of this User Agreement and the special rules and/or agreements, the latter shall apply.

2.4. https://www.ngp.kz/ The Internet resource www.ngp.kz is a platform that allows Service Providers operating in the field of sports, education, creativity, to post offers addressed to an indefinite number of persons for the provision of their services.

2.5. Regardless of the fact of Registration or authorization of the User on the Internet resource, use of the Internet resource, including viewing information posted on the Internet resource, means the User’s consent to this User Agreement and acceptance of the obligation to follow the instructions for using the Services, as well as responsibility for actions related to the use of the Internet resource.

2.6. By accessing www.ngp.kz and, thus, concluding this User Agreement, the User guarantees that he has all the rights and powers necessary to conclude and execute the User Agreement, including being an adult and fully capable person, or a minor declared by decision of the authorized body, fully capable (emancipation) or a minor who has reached fourteen years of age and has received written permission in the form required by law from his parents or other legal representatives to conclude the User Agreement. NGP has the right at any time to require the User to provide information and documents confirming rights and authority as stated above.

2.7. The Services provided on www.ngp.kz can be changed, supplemented, updated, change the form and nature of functionality at any time without prior notice to the User, and therefore their use is offered in an “as is” mode, i.e. in the form and extent in which they are provided by NGP at the time of access to the User Services. NGP has the right, if necessary, at its sole discretion, to terminate (temporarily or permanently) the provision of the Services (or any individual functions within the Services) to all Users in general or to an individual User in particular, without prior notice.

3. Cost and Payment Procedure

3.1. The service provider pays the amount for posting the necessary information about the services provided in the amount indicated on www.ngp.kz in the appropriate section, within the days indicated on www.ngp.kz in the appropriate section.

- payment is made to the NGP account indicated on www.ngp.kz in the appropriate section.

- NGP is not responsible if the registered Recipient does not use the selected services, or the services are not provided properly.

3.1.1. In accordance with the terms of this user agreement, by decision of the Owner of the Internet resource, the User may be provided with a discount in the form of Bonuses/Discounts. Bonuses/Discounts may be provided to the User, or exemption from payment. The method of providing Bonuses is determined by the Owner of the Internet resource independently.

3.1.2. When providing a Bonus/Discount as a percentage of the payment amount, the amount of the actual discount provided is calculated from the entire payment amount.

3.1.3. Bonuses provided to the User can be used by the User only to pay for Services on the Internet resource and cannot be exchanged, transferred to third parties or replaced with a cash equivalent. Bonuses that have expired due to the expiration of their validity period or for other reasons cannot be compensated in any form, including in the case of their partial use.

3.1.4. In the event of the User’s refusal to use the Internet resource, cancellation/refusal of any Service at the initiative of the User and/or the Owner of the Internet resource, all Bonuses previously provided to the User are burned (irretrievably debited from the account) and cannot be restored. In any case, if you refuse to use the Internet resource or a separate Service, the User may only be transferred the balance of funds, without Bonuses/Discounts.

3.1.5. The validity period of the Bonus/Discount on the Internet resource is 6 (six) calendar months from the date of replenishment of your personal account.

3.1.6. The cost of paid Services is set by the Owner of the Internet resource independently and is determined based on the following parameters: type of Service, composition of the Service package, as well as seasonality, region of the advertisement, popularity of the category, User activity in the category/region and other parameters.

4. Registration on the Internet resource

4.1. The User has the right to use the Personal Account, as well as use certain Services after Registration on www.ngp.kz.

4.2. Registration on the Internet resource is carried out in the following order:

4.2.1. When Registering on an Internet resource, the User specifies an email address and/or mobile phone number registered in the User’s name. The main telephone number (the telephone number used for authorization) in your personal account and the additional contact number must be a cellular subscriber number registered with the cellular operator of the Republic of Kazakhstan.

4.2.2. After completing the above registration procedure on the Internet resource, the User has the right to use the services of the Internet resource as a registered User. At the same time, in order to post the necessary information, leave comments and perform other actions on the Internet resource, the User must go through the authorization process using a procedure similar to the registration procedure (entering an email address and/or mobile phone number → receiving a confirmation code via SMS and /or messages to an email address → entering a password → authorization on the Internet resource).

4.2.3. The User of https://www.ngp.kz/ understands and agrees that when completing the registration procedure on one of the following Internet resources (desktop and mobile versions, as well as mobile applications) www.ngp.kz, the User has the right to use the cellular subscriber number originally entered by him, and also automatically assumes compliance with the user agreements of all two Internet resources.

4.2.4. https://www.ngp.kz/ The User guarantees compliance with the clauses of this Agreement, in accordance with the requirements of paragraph 5-1 of Article 36 of the Law of the Republic of Kazakhstan “On Informatization”, and also bears full legal responsibility for any obstruction or failure compliance with the above norms of the legislation of the Republic of Kazakhstan and the provisions of this Agreement.

4.3. The User is obliged to monitor the safety of his Credentials and not disclose them to third parties. The User does not have the right to transfer his Credentials to third parties, as well as directly or indirectly allow third parties to use his Credentials for authorization on www.ngp.kz, with the exception of persons acting on behalf and in the interests of the User or who have received such Credentials on the basis of the relevant agreements with the User.

4.4. Any action performed from the User’s Personal Account using his Credentials is considered an action performed by the User himself or his authorized person and establishes obligations and responsibilities for the User in relation to such actions, including liability for violation of this User Agreement, legal requirements in relation to the Product, information about which is posted by the User on www.ngp.kz.

4.5. The User is obliged to immediately change the Credentials if he has reasons to suspect that these data have been disclosed or may be used by unauthorized third parties.

4.6. NGP has the right to use available technical solutions to verify the accuracy of the information provided by the User when using www.ngp.kz. NGP cannot guarantee that the User is who he claims to be, or that the information provided by the User on www.ngp.kz is accurate.

4.7. The User agrees that when using the Service, NGP uses a two-step system to verify advertisements, which includes:

- An intelligent robot and manual verification by a company employee to check the correctness of the filled-in data for compliance with the rules, as well as checking for the relevance of the advertisement.

4.8. NGP has the right to block the User’s access to the Personal Account with or without simultaneous termination of the posting and display of his Advertisements if the User violates the terms of this Agreement and/or the rules for posting advertisements. NGP has the right to terminate and/or limit the User’s access to the Services at any time, as well as block or delete the User’s account on the Internet resource without the possibility of its restoration.

4.9. Deleting your Personal Account is carried out only through the mobile application. When deleting a Personal Account, the User is warned that all his data will disappear and cannot be restored. The following data will be deleted: all linked numbers, funds and bonuses from the account, information from Service Providers, message history will be deleted, and www.ngp.kz accounts will also be deleted. After confirmation by the User, the account and data are deleted and access to the accounts is lost. If the User has funds in his account, the User must contact the NGP Service before deleting.

4.10. Deleting your Personal Account is carried out only through the mobile application. When deleting a Personal Account, the User is warned that all his data will disappear and cannot be restored. The following data will be deleted: all linked numbers, funds and bonuses from the account, information from Service Providers, message history will be deleted, and www.ngp.kz accounts will also be deleted. After confirmation by the User, the account and data are deleted and access to the accounts is lost. If the User has funds in his account, the User must contact the NGP Service before deleting.

5. Information provided by Users, collection and processing of personal and biometric data of users

In accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 N 94-V “On Personal Data and Their Protection,” Users’ personal data is processed in accordance with the NGP Privacy Policy posted on www.ngp.kz.

6. User Obligations

6.1. The User undertakes to act exclusively in accordance with the current legislation and the User Agreement of www.ngp.kz, and also bear full responsibility in accordance with the legislation of the Republic of Kazakhstan for his own actions and inactions on www.ngp.kz and when using the services.

6.2. The www.ngp.kz Services available to the User may be used exclusively for the purposes for which such Services are intended by NGP. The User is prohibited from using the Services, as well as any information obtained on the Internet resource for other purposes.

NGP has the right at any time, at its discretion, to conduct a random check of Advertisements and/or terms of use of the Services by Users for compliance with the User Agreement, including automatically using software. In case of detection of violations, as well as upon receiving information from third parties about such violations or identifying a set of signs that may indicate, in NGP’s opinion, violations, NGP has the right to suspend or terminate the User’s access to certain Services, including rejection or blocking of Advertisements and/ or access to your Personal Account

By the sole decision of NGP, blocking of Advertisements and/or accounts on the Internet resource can be temporary or permanent, depending on the volume and number of violations of this User Agreement committed by the User and other rules for using the Internet resource established by NGP. If the User eliminates the violations committed, NGP has the right to restore previously blocked Advertisements or the User’s access to his account on the Internet resource.

6.3. The user undertakes not to use automatic or other programs to gain access to www.ngp.kz without the written permission of NGP. Without permission from NGP, it is also not permitted to use, distribute, copy and/or extract from www.ngp.kz manually or automatically (using software) any materials or information (including Advertisements, Product description texts, photographs, etc.).

6.4. The use of computer programs that allow you to view or post Advertisements on www.ngp.kz, bypassing the normal procedure for posting Advertisements (for example, using programs to automatically download Advertisements), in the absence of written permission from NGP, is strictly prohibited and may lead to termination and/or suspension publication of Announcements, blocking access to the Personal Account and/or to www.ngp.kz.

6.5. The user also undertakes:

• do not take any actions that may lead to a disproportionately large load on the www.ngp.kz infrastructure;
• do not copy, reproduce, modify, distribute or present to the public any information contained on www.ngp.kz. (except for Information provided by the User himself) without the prior written permission of NGP and any third party;
• not interfere with the operation of www.ngp.kz, and also not interfere with the operation of automatic systems or processes in order to block or limit access to www.ngp.kz.

6.6. In order to suppress or prevent violation of the User Agreement and/or causing damage to NGP (for example, DDoS attacks or other hacker attacks, unauthorized NGP use of software, including for downloading Advertisements, etc.), NGP has the right to restrict access of Users or third parties to www.ngp.kz by blocking access to www.ngp.kz of the corresponding IP address or range of IP addresses.

6.7. By accessing www.ngp.kz, the User expresses his consent to receive advertising information posted on www.ngp.kz by third parties. The user understands and agrees that www.ngp.kz does not determine the content and is not responsible for such information, including sites that may be linked to in the relevant materials.

6.8. User www.ngp.kz undertakes not to use any data provided by another User without the written permission of the person who posted such Information, or without confirmation in any other way of the right to use such Information. All information received by the User about other Users in connection with the use of www.ngp.kz can only be used to complete and execute transactions in relation to the Goods. Thus, the User is prohibited from using the email address and/or telephone number of another User for the purposes of direct advertising or other unsolicited electronic messages, as well as for other illegal actions or actions committed without the knowledge and/or consent of the other party.To facilitate interaction between Users, the Services imply limited access to certain contact information of other Users. The right to use Information provided by other Users is limited by this User Agreement.

6.9. If the User has claims against another User in connection with the latter’s use of the Services and/or Advertisements posted by him, the User is obliged to present these claims to the appropriate person (Seller) and resolve the claims independently and without the participation of NGP.

6.10. The User understands and accepts that NGP does not always verify the information published on www.ngp.kz by Users. Some of the information contained in the Advertisements may be offensive, harmful, incorrect or misleading. NGP recommends that Users exercise caution and use common sense when using information on www.ngp.kz. The user must take into account that his counterparty may impersonate another person, be a minor, post distorted information, etc. Use of the Services implies that the User understands and accepts these risks, and also agrees that NGP is not responsible for the actions or inactions of other Users.

6.11. The User undertakes to exercise caution when choosing a counterparty and, at his own responsibility, makes a decision on the transaction based on the fact that the Advertisement is posted on www.ngp.kz, independently verifying that the offer, sale and/or purchase of any Goods in the Advertisement on www.ngp.kz is valid and legal.

7. Exchange of information when using the Internet resource

7.1. NGP messages intended for Users are published for public access on www.ngp.kz and/or sent individually to the email addresses provided by Users during Registration or posting Advertisements on the Internet resource. At the same time, the User understands, accepts and agrees that the messages sent and/or their individual parts may be of an advertising nature, and may also contain advertising, informational and other messages from NGP counterparties. Messages published on www.ngp.kz are considered delivered to the User from the moment of their publication.

7.2. Messages from the User to the Seller can be sent through a specially proposed form for adding a comment and/or a form for contacting the Service Provider, while a notification about a new Message is sent to the email address of the Service Provider specified during Registration or placing an Advertisement.

7.3. By accessing www.ngp.kz, the User agrees that NGP and the administrator of the Internet resource, on which information data can be published, can send the User electronic letters (e-mail) and/or short messages ( SMS) to the telephone number or email address specified by him on www.ngp.kz, containing offers and messages of an informational and/or advertising nature from NGP or NGP partner companies

8. Guarantees and liability

8.1. The user is responsible for actions performed on the Internet resource in accordance with the current legislation of the Republic of Kazakhstan, including responsibility for the content of the information posted by him and violation of the rights of third parties in relation to information posted on the Internet resource.

8.2. www.ngp.kz is a tool that provides the opportunity for Users to post relevant information on the services provided, which are permitted by law and the User Agreement.

8.3. NGP is not responsible for the loss of information by the User, as well as for distortion of information or loss of messages received using communication forms on the Internet resource.

8.4. Taking into account the principles of construction and operation of the Internet, the Services are provided “as is”, this means that NGP does not provide any guarantees in relation to the Services, in particular, NGP does not guarantee the User that:

• The Services, their direct or indirect effect and quality will meet the requirements and goals of the User;
• Services will be provided uninterruptedly, reliably and without errors;
• The results that will be obtained through the use of the Services will be accurate, reliable and consistent with the User's expectations.

8.5. The User agrees that NGP is not responsible for possible losses caused to the User in connection with taking measures to suppress or prevent violations on www.ngp.kz related to restricting/blocking Users’ access to the Internet resource, as well as IP addresses in accordance with the provisions of this User Agreement.

8.6. The User accepts and agrees that the opportunity provided by NGP to send a message to the User through the contact form and/or the form for adding a comment on the Internet resource can be used by any third parties for purposes other than completing a transaction with the User without any influence or control from N.G.P. In this regard, NGP is not responsible for the use by other Users and/or automated systems (robots) of the form posted on www.ngp.kz for sending messages to Users and/or the form for adding a comment, as well as for their use of telephone numbers posted User on the pages www.ngp.kz.

8.7. NGP is not responsible for failure to fulfill or difficulties in fulfilling obligations as a result of force majeure circumstances, the consequences of which cannot be avoided or overcome.

8.8. Information posted by Users may contain links to sites on the Internet (third party sites). These third parties and the content of their sites, as well as any information from third parties, are not checked by NGP for compliance with any requirements (reliability, completeness, legality, etc.). NGP is not responsible for any information, materials posted on third party sites that the User accesses in connection with the use of www.ngp.kz, as well as for the availability of such sites or information and the consequences of their use by the User.

9. Intellectual rights

9.1. NGP is the owner of the Internet resource, and is also the owner of the registered domain name placed on the Internet resource, the logo, trademark www.ngp.kz, databases, all technical developments that allow the use of the Internet resource. The user or other person does not have the right to use www.ngp.kz, Mobile applications or Services in ways not provided for in this User Agreement without the written permission of NGP, including extracting Information in any form in ways not provided for in the User Agreement.

• Exceptions apply only to cases where information and news information from third parties is posted on an Internet resource. All such exceptions are expressly stated in the texts to which they relate (link to source).
• Information and news materials on the Internet resource, the copyright to which belongs to NGP, can be reproduced in any media, on Internet servers, provided there is a link to www.ngp.kz; when posted on the Internet, an active hyperlink to www.ngp.kz is required.
• Exclusive rights to the results of intellectual activity included in the Information provided by Users belong to the respective Users and copyright holders

9.2. In order to fulfill this User Agreement, conduct competitions, advertising campaigns, promotions, announce and inform Users and other similar events, exercise the legal rights and interests of NGP and ensure the functioning of www.ngp.kz, the User grants NGP a universally valid, perpetual right to use the Information (including photographs, text descriptions of the Product, trademarks, logos, etc.) in any way on all known or unknown information media during the entire period of validity of the exclusive right, post them on the Internet, on television broadcasting networks, as well as transfer such rights to third parties . The User permits the use of materials as part of the Information without indicating the name of the author, and also guarantees that the Information provided does not violate any rights of third parties, including exclusive rights.

10. Duration of the User Agreement

10.1. This User Agreement comes into force from the moment the User begins using the Services of www.ngp.kz, regardless of the fact of User Registration or placement of an Advertisement on www.ngp.kz, and is valid indefinitely.

10.2. The User has the right to terminate access to his Personal Account without the possibility of restoring such access. In this case, the User does not have the right to re-register, including using the email address previously specified by the User on www.ngp.kz as part of the Credentials.

• NGP reserves the right, at its sole discretion, to terminate the access of a User who violates this User Agreement, as well as the terms of any of the Services, other rules governing the functioning of www.ngp.kz, to the Services, both in whole and in part, including termination or temporarily suspend the User’s access to the Personal Account. A User whose access to the Services has been terminated, or whose Information has ceased to be valid, does not have the right to create a new account on the Internet resource again (including using the email address previously specified by the User at www.ngp.kz) without special permission N.G.P. The User does not have the right to use the Credentials of another User to access www.ngp.kz.
• NGP reserves the right, at its sole discretion, to terminate the access of a User who violates this User Agreement, as well as the terms of any of the Services, other rules governing the functioning of www.ngp.kz, to the Services, both in whole and in part, including termination or temporarily suspend the User’s access to the Personal Account. A User whose access to the Services has been terminated, or whose Information has ceased to be valid, does not have the right to create a new account on the Site again (including using the email address previously specified by the User at www.ngp.kz) without the special permission of NGP. The User does not have the right to use the Credentials of another User to access www.ngp.kz.

11. Transfer of rights

11.1. NGP has the right, and the User hereby consents to do so, to transfer its rights and/or obligations under this User Agreement, both in whole and in part, to a third party.

11.2. In the event of the transfer of rights and/or obligations, either in whole or in part, under this User Agreement to a third party, the third party has the right to provide similar or similar services on another site.

12. Disputes and current legislation

12.1. When resolving all disputes under this User Agreement, the current legislation of the Republic of Kazakhstan is applied.

12.2. All disputes arising under this Agreement are resolved by the Parties through negotiations. If it is impossible to resolve the dispute through negotiations, disputes are resolved in court, provided for by the current legislation of the Republic of Kazakhstan.

12.3. Invalidation of individual parts of this User Agreement does not invalidate other provisions of this User Agreement.

12.4. If the User disagrees with the actions of the moderator to verify information, he must contact the appropriate NGP user service to resolve the situation.