Conditions of Use
(Last updated: October 12, 2021)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.gobuy.kz! This User Agreement defines the conditions for access and use of the Internet site, mobile versions of the Internet site owned, operated, operated under the Gobuy.kz trademark or accessed by Gobuy.kz (as defined below) from time to time, which include ( a) to the electronic trading platform of GoBay LLP, including but not limited to the following: (a) the Internet version and the version optimized for mobile devices, sites identified using the unified resource locator "www.gobuy.kz" and mobile and other applications electronic trading platform Gobuy.kz (hereinafter referred to as the "GoBay LLP Site") and (b) to the electronic trading platform Gobuy.kz, including but not limited to the following: the Internet version and the version optimized for mobile devices, sites identified using of the unified resource index "gobuy.kz" and mobile applications of the electronic trading platform Gobuy.kz (hereinafter referred to as "Gobuy.kz Sites"). This document is a legally binding agreement between you as a user (users) of the Sites (hereinafter referred to as "You", "Your", "User") and a legal entity of GoBay LLP, entering into an agreement and determined in accordance with clause 2.1 below (hereinafter referred to as "we", "our" or "Gobuy.kz").
1. Application and Acceptance of the Terms
1.2 You may not access or use the Services or the Sites and 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 Hong Kong or other countries/regions including the country/region in which you are resident or from which you access and use the Services and the Sites.
1.3 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 Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 If Gobuy.kz has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with Gobuy.kz or our affiliate for any Service (or features within the Services) (each an "Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Gobuy.kz.
2. Provision of Services and Legal Information
2.1. If you register on the Gobuy.kz Site in order to be able to select and purchase goods / works / services, create your own store on the Internet, place advertisements on the Internet, the legal entity with which you enter into an agreement is the PARTNERSHIP WITH LIMITED LIABILITY "GOUBAI", BIN 201040002169, KARAGANDA, OCTOBER DISTRICT, STREET KEMEROVSKAYA, 48, SQ. 2.
2.2. You must register as a member of the Sites to access and use some of the Services. In the future, Gobuy.kz reserves the right, without prior notice, to restrict access or use of certain Services (or part of the Service) for paid Users, or depend on other conditions that Gobuy.kz may enter at its discretion.
2.3 The Services (or any part of the Service provided) may vary by region and country. Gobuy.kz does not guarantee or declare that a specific Service, or a feature or function of the Service, or a similar and extended Service will be available to Users or a specific User. Gobuy.kz may, at its sole discretion, limit, cancel or create different levels of access and use, as well as the functionality of any Services (or any part of the Service provided) in relation to various users.
2.4 Gobuy.kz may create, change, improve, introduce conditions, suspend or cancel the provision of any Service (or any part of the Service) without prior notice, except for the provision of a paid Service, when such changes will not significantly negatively affect the ability of paid Users to use such Service, excluding any Gobuy.kz Users from the Relevant Jurisdictions. In relation to any Gobuy.kz Users from the Relevant Jurisdictions, Gobuy.kz may launch, change, update, set conditions, suspend or discontinue any Services (or any functions within the Services) without prior notice, except in relation to paid Services. , such changes will not have a significant negative impact on the ability of such paying Users to use such Services.
2.5 Some Services (or part of them) may be provided by Gobuy.kz affiliates on behalf and on behalf of Gobuy.kz.
2.6 The Services are provided on an "as is" basis. Gobuy.kz does not provide any guarantees regarding the error-free and uninterrupted operation of the Sites or Services, the compliance of the Sites or Services with the specific goals and expectations of the User.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the "Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Gobuy.kz, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Gobuy.kz is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read the following documents which govern the protection and use of personal information about Users in the possession of Gobuy.kz and our affiliates:
3.5 You confirm that you will not take any action that may lead to a violation of the integrity of computer systems and networks of Gobuy.kz and / or any Users, and you will not have unauthorized access to such computer systems and / or networks.
3.6 You confirm that you will not take any actions that may lead to a violation of the integrity of the Gobuy.kz feedback system, such as composing positive reviews about you using the second Participant identification number, either through third parties, or leaving unfounded negative reviews about another User.
3.7 By uploading or displaying any information, content or data (hereinafter collectively - "User Content") on the Sites, or by providing any User Content to Gobuy.kz or its representatives, to the extent permitted by applicable law, you provide an irrevocable, perpetual, ubiquitous, gratuitous , the transferable (through multiple steps) permission of Gobuy.kz to display, forward, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative data, and in any other way use any or all of the User Content in any form, multimedia and technology , known or currently unknown in any way and for any purpose that may be beneficial to Gobuy.kz, the operation of the Sites, the provision of any Services and / or business of the User. You confirm and warrant to Gobuy.kz that you have all the rights and powers to grant such permission and User Content and the use of such User Content (including derivative results of intellectual activity) to Gobuy.kz and / or its affiliates on the basis of such permission is free of any - any restrictions and does not violate the Rights of third parties (as this term is defined in clause 5.4 of the Terms). To the fullest extent permitted by law, you waive your right to enforce your intellectual property rights in User Content against Gobuy.kz and / or its affiliates, successors or sub-licensees in connection with the use of such User Content in connection with the provision of the Services. Information protected in accordance with the provisions of the legislation on the protection of personal data will be used and stored exclusively in accordance with the requirements of these laws.
4. Member Accounts
4.1 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.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Right；and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Gobuy.kz’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Gobuy.kz and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Gobuy.kz or our affiliates.
5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to Gobuy.kzs e-commerce marketplace business.
5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Gobuy.kz’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Gobuy.kz shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.10 Member acknowledges and agrees that Gobuy.kz reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. Gobuy.kz does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
5.13. The Participant hereby confirms that he has read this User Agreement and agrees (and / or received the corresponding written consent of his legal representatives (if applicable) and Gobuy.kz has the right to require documentary confirmation of this consent) that Gobuy.kz can contact you by mail, e-mail, by phone, sending SMS, messages by e-mail, push notifications, as well as using other means of communication, incl. but not limited to, through social networks (including, but not limited to, Odnoklassniki, Vkontakte), messengers (including Viber, Whatsapp, Telegram), for purposes including, but not limited to, marketing, advertising, opinion research, promotion of Sites and Services. The Participant hereby also agrees that Gobuy.kz for the purpose of sending advertising information, service, and other messages to Gobuy.kz has the right to involve third parties, including, but not limited to, various companies that provide relevant services in the direction of advertising -information, service and other messages, mobile operators, instant messengers, various social networks, platforms, other companies providing similar services.
5.14 Each Participant represents, warrants and agrees that
(a) You and your affiliates comply with applicable laws and regulations (including, but not limited to, applicable laws and regulations regarding product safety, intellectual property rights, data privacy, consumer protection, import and export controls, unfair competition, pricing, inappropriate advertising, labor, environment, health and safety, anti-corruption and anti-money laundering and anti-terrorist financing legislation);
5.15 Each Participant also represents, warrants and agrees with respect to the Sites, the Internet version and the version optimized for mobile devices, the sites identified using the unified resource locator gobuy.kz, and the corresponding mobile application of the Gobuy.kz electronic trading platform, in order to what
(a) you and your affiliates are not subject to any trade restrictions, sanctions or other legal restrictions imposed or proposed for introduction by any country, international organization or jurisdiction ("Relevant Entities");
(b) neither you nor any of your parent companies or affiliates, directly or indirectly, enter into transactions or provide any funds, goods or services to the Relevant Entities; and
(c) You agree at all times to comply with all applicable laws and regulations of export controls and sanctions in relation to goods, services, software and technologies when using the Services, including resolutions on sanctions, laws and regulations adopted and applied by the UN Security Council, the Republic of Kazakhstan , The United States of America and any other country.
If at any point in time you do not fulfill any of the above requirements, you should immediately stop using the Services. If Gobuy.kz reasonably believes that any of your actions and / or omissions violates or threatens to violate any applicable laws and regulations, Gobuy.kz may, at its sole discretion, at any time take actions that it deems necessary in the light of relevant circumstances, including, but not limited to, terminate the provision of the Services to you, close the relevant orders and terminate your accounts, while retaining all rights that it may have in relation to any actions or behavior of its members that do not meet the requirements legislation.
5.16. To unsubscribe from receiving e-mails containing promotional messages sent to the Participant by e-mail, the Participant can use the unsubscribe function.
6. Breaches by Members
6.1 Gobuy.kz reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject Gobuy.kz or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or Gobuy.kz or our affiliates, or (vi) is otherwise found inappropriate in Gobuy.kz’s sole discretion.
6.2 If any Member breaches any Terms, or if Gobuy.kz has reasonable grounds to believe that a Member is in breach of any Terms, Gobuy.kz shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Gobuy.kz in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Gobuy.kz may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Gobuy.kz may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Gobuy.kz has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) Gobuy.kz has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) Gobuy.kz has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) Gobuy.kz believes that the Member’s actions may cause financial loss or legal liability to Gobuy.kz or our affiliates or any other Users.
6.4 Gobuy.kz reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Gobuy.kz may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Gobuy.kz shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Gobuy.kz for such disclosure.
6.5 Gobuy.kz may, at any time, at its sole discretion, impose restrictions, suspend or terminate the use of any Services or Sites by this Member without incurring liability to the Member if Gobuy.kz receives notification that the Member is in breach of any agreement or obligation with any affiliated person Gobuy.kz and such a violation entails or there are reasonable suspicions of involvement in the commission of dishonest or fraudulent actions. Gobuy.kz reserves the right but is not obligated to investigate such violation or request confirmation from the Member.
6.6 Each Member agrees to indemnify Gobuy.kz, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that Gobuy.kz is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. Gobuy.kz reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Gobuy.kz in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 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 platforms for conducting transactions for Participants for placing, agreeing, concluding, managing and fulfilling orders for the provision of products and services on the Internet through the Sites, in accordance with additional agreements. However, for any Services, Gobuy.kz does not represent either sellers or buyers for specific transactions. Gobuy.kz does not control and is not responsible for the quality, safety, legality or availability of products or services offered for sale on the Sites, or the ability of sellers to complete a sale or the ability of buyers to complete a purchase. The Services include all the functionality of the Sites that you can use. Since the purpose of the Sites is to organize retail and provide you with the choice and purchase of products, the Services also include the direction and provision of personalized marketing and advertising information.
7.2 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.
7.3 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.
7.4 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 (and in particular, clause 3.2).
7.5 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.
7.6 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.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY GOBUY.KZ ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS”, AND GOBUY.KZ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOBUY.KZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; GOBUY.KZ DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GOBUY.KZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to Gobuy.kz’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Gobuy.kz or through or from the Sites shall create any warranty not expressly stated herein.
8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Gobuy.kz or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and hold Gobuy.kz, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Sites or Services (including but not limited to the submission, posting or display of such User's information and User Content on the Sites, GouBai LLC Channels or Third Party Channels under Promotion Services) or from your breach of any of the representations, warranties hereunder and the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Gobuy.kz, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Gobuy.kz, including but not limited to those set forth in clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Gobuy.kz, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to the User Content, information and/or products offered or displayed on the Sites. Each User hereby further agrees that Gobuy.kz is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Gobuy.kz reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Gobuy.kz in asserting any available defenses.
8.7 Gobuy.kz shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites or Services; or;
f) any matters relating to the Sites or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Gobuy.kz, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Gobuy.kz in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Gobuy.kz has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Gobuy.kz shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for maintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment; (iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or systems failure due to reasons beyond the reasonable control of Gobuy.kz such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems 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.
10. Intellectual Property Rights
10.1 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.
10.2 "ТОО ГОУБАЙ", "GOBUY.KZ", and related icons and logos are registered trademarks or trademarks or service marks of GOUBAI LLC, in the Relevant Jurisdictions. "GOBUY.KZ" and related icons and logos are a registered trademark or trademark or service mark of GoBay LLP or its affiliates in various jurisdictions and are protected under applicable copyright, trademark law and other proprietary laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 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.
10.4 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.
11.1 All legal notices or demands to or upon Gobuy.kz shall be made in writing and sent to Gobuy.kz personally, by courier or certified mail to the following entity and address: Республика Казахстан, Карагандинская область, г.Караганда, Октябрьский район, улица Кемеровская, дом 48, кв.2. The notices shall be effective when they are received by Gobuy.kz in any of the above-mentioned manner.
11.2 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.
11.3 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.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Gobuy.kz with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Gobuy.kz and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
12.5 Gobuy.kz’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Gobuy.kz’s right to act with respect to subsequent or similar breaches.
12.6 Gobuy.kz shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Gobuy.kz). You may not assign, in whole or part, the Terms to any person or entity.
12.7 THESE TERMS (AGREEMENT) ARE GOVERNED BY THE LAW OF THE REPUBLIC OF KAZAKHSTAN (hereinafter - "RK") IF YOU CONCLUDE AGREEMENT WITH GUBAY LLP IN ACCORDANCE WITH CLAUSE 2.1; THE PARTIES TO THIS AGREEMENT HEREBY RECOGNIZE THAT THE COURTS OF THE REPUBLIC OF KAZAKHSTAN HAVE EXCLUSIVE JURISDICTION IN RESPECTING THE SETTLEMENT OF DISPUTES BETWEEN THEM, EXCEPT AND EXCEPT.
12.8. THESE TERMS (AGREEMENT) ARE MADE IN THREE LANGUAGES (KAZAKH, ENGLISH AND RUSSIAN)
12.9. If you have any comments on the Services we provide to you, you may contact our customer service support line (https://gobuy.kz/contact-us) with any such feedback or questions.