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TERMS & CONDITIONS

SUBJECT OF TERMS AND CONDITIONS

GoBuy LLP and/or its affiliates ("GoBuy") provide website features and other products and services to you when you visit or shop at gobuy.kz, use GoBuy products or services, use GoBuy applications for mobile, or use software provided by GoBuy in connection with any of the foregoing (collectively, " GoBuy Sites").

This document is a legally binding agreement between you as the user(s) of the Sites (referred to as "you”, "your” or "User” hereinafter) and the GoBuy.kzcontracting entity determined in accordance with clause 2.1 below (referred to as "we”, "our” or "GoBuy.kz” hereinafter).

 

APPLICATION AND ACCEPTANCE OF THE TERMS

Your access to and use of the Sites and GoBuy.kz’s services, software and products through the Sites, is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy and any other rules and policies of the Sites that GoBuy.kz may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the "Terms”. By accessing and use of the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or the Sites if you do not accept all of the Terms.

You may not access or use the Services or the Sites arnd may not accept the Terms if (a) you are not of legal age to form a binding contract with GoBuy.kz, or (b) you are not permitted to receive any Services under the laws of Republik of Kazakhstan or other countries / regions including the country / region in which you are resident or from which you access and use the Sites.

GoBuy.kz may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the the Sites, you agree that the amended and restated Terms will apply to you.

The Terms may not otherwise be modified except in writing by an authorized officer of GoBuy.kz.

 

INTELLECTUAL PROPERTY RIGHTS

GoBuy.kz is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with GoBuy.kz, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by GoBuy.kz are hereby reserved.

""GOBUY.KZ", "GoBuy LLP” and related icons and logos are registered trademarks or trademarks or service marks of GoBuy LLP are registered trademarks or trademarks or service marks of GoBuy.kz Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

GoBuy.kz may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by GoBuy.kz and / or its affiliates using User Content pursuant to the Terms shall belong to GoBuy.kz, which may be freely assignable, licensable or grantable by GoBuy.kz to any third party or its affiliates.

 

MEMBER ACCOUNTS

User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member” below). Except with GoBuy.kz’s approval, one User may only register one member account on the Sites. GoBuy.kz may cancel or terminate a User’s member account if GoBuy.kz has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, GoBuy.kz may reject User’s application for registration for any reason.

Upon registration on the Sites, GoBuy.kz shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify GoBuy.kz immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to GoBuy.kz or other Users of the Sites. Member shall indemnify GoBuy.kz, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, GoBuy.kz shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. GoBuy.kz does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the GoBuy.kz Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their GoBuy.kz Household. Alcohol listings on GoBuy.kz are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. GoBuy.kz reserves the right to refuse service, terminate accounts, terminate your rights to use GoBuy.kz Services, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GoBuy.kz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant GoBuy.kz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GoBuy.kz and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GoBuy.kz for all claims resulting from content you supply. GoBuy.kz has the right but not the obligation to monitor and edit or remove any activity or content. GoBuy.kz takes no responsibility and assumes no liability for any content posted by you or any third party.

 

INTELLECTUAL PROPERTY COMPLAINTS

GoBuy.kz respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

TRANSACTIONS BETWEEN BUYERS AND SELLERS

Through the Sites, GoBuy.kz provides electronic web-based platforms for exchanging information between buyers and sellers of products and services.  GoBuy.kz additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement.  However, for any Services, GoBuy.kz does not represent either the seller or the buyer in specific transactions. GoBuy.kz does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. GoBuy.kz uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites.  However, because user verification on the Internet is difficult, GoBuy.kz cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as "Transaction Risks". GoBuy.kz is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction Services Agreement.

User agrees to provide all information and materials as may be reasonably required by GoBuy.kz in connection with your transactions conducted on, through or as a result of use of the Sites or Services.  GoBuy.kz has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify GoBuy.kz (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction. Learn more about shipping, delivery, refunds.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE GOBUY.KZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBUY.KZ SERVICES ARE PROVIDED BY GOBUY.KZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOBUY.KZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOBUY.KZ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBUY.KZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOBUY.KZ SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, GOBUY.KZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOBUY.KZ DOES NOT WARRANT THAT THE GOBUY.KZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBUY.KZ SERVICES, GOBUY.KZ'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOBUY.KZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GOBUY.KZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GOBUY.KZ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GOBUY.KZ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

The laws of the Republic of Kazakhstan shall apply to this Agreement. In case of failure to reach the established agreement, disputes are resolved in the manner of the judicial authorities of the Republic of Kazakhstan.

 

FORCE MAJEURE

Under no circumstances shall GoBuy.kz be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of GoBuy.kz Sites. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

ELECTRONIC COMMUNICATIONS AND NOTICES

When you use GoBuy.kz Sites, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other GoBuy.kz Sites, such as our Client support center (https://GoBuy.kz/contact-us), and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All legal notices or demands to or upon GoBuy.kz personally, by courier or certified mail to the following entity and address: GoBuy LLP, 48 Kemerovskaya, 2 apt, Qaragandy 100024, Republik of Kazakhstan, mail@gobuy.kz. The notices shall be effective when they are received by GoBuy.kz in any of the above-mentioned manner.

All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to GoBuy.kz, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

a) GoBuy.kz is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b) immediately upon GoBuy.kz posting such notice on an area of the Sites that is publicly accessible without charge.

You agree that all agreements, notices, demands, disclosures and other communications that GoBuy.kz sends to you electronically will satisfy any legal requirement that such communication should be in writing.

 

LANGUAGE POLICY

THIS AGREEMENT IS MADE IN THREE LANGUAGES (KAZAKH, ENGLISH AND RUSSIAN) AND IS EQUAL IN EFFECT.