Uaqiqaqi
PUBLIC OFFER
to enter into an agreement for the provision of paid information and consulting services

Last updated: 13 August 2026


PREAMBLE

This document constitutes a public offer under the civil legislation of the Republic of Kazakhstan and sets out the terms on which an agreement for the provision of paid information and consulting services may be entered into. Such services include support with preparation for admission, essays and motivation letters, participation in courses, leagues and group sessions, and other programs presented by the Service Provider on the Website, in an application form, invoice, messenger, or another official communication channel of the Service Provider.

By submitting an application, paying for Services, clicking a payment button, joining a Program, or obtaining access to sessions, materials, chats, or other Program resources, the Customer confirms that the Customer has read this Offer, understands its terms, and accepts them in full. Any such action constitutes the conclusion of an agreement between the Service Provider and the Customer without the need to sign a separate written document. Where the Customer selects payment in two tranches, the Customer also accepts the automatic second-tranche payment terms set out in Sections 3 and 8, including the use of a payment token to charge the agreed second tranche on the disclosed due date.


1. TERMS AND DEFINITIONS

1.1. Service Provider means Individual Entrepreneur "KHIKAYA", Aziz Eskermesovich Mussilimov, Individual Identification Number (IIN) 920430350086, state registration No. KZ41TWQ01866170 dated 19 February 2022.

1.2. Customer means an individual who has the legal capacity required under the legislation of the Republic of Kazakhstan, or the legal representative of a minor Participant, who has accepted this Offer and paid for the Services.

1.3. Participant means the person who directly participates in the Program. The Customer and the Participant may be the same person.

1.4. Website means the Service Provider's website at uaqiqaqi.org. For the purposes of this Offer, the Service Provider's official channels also include application forms, payment pages, messengers, social media platforms, and other digital channels used by the Service Provider to arrange participation in Programs.

1.5. Program means a course, intensive program, consulting program, mentoring support, lecture, seminar, or group session presented by the Service Provider on the Website, in an application form, invoice, message, or other Program Card, irrespective of its duration.

1.6. Program Card means information concerning a specific Program that is published on the Website or provided in an application form, invoice, email, message from the Service Provider, or another digital channel. The Program Card sets out the material terms of the relevant Program, including its name, format, dates, price, scope of Services, and other participation terms. If no separate Program Card is issued, the Program terms may be set out in an invoice, commercial proposal, correspondence between the Parties, or another communication from the Service Provider.

1.7. Lecturer / Mentor means a person engaged by the Service Provider to deliver lectures, seminars, consultations, assignment reviews, mentoring support, or other work within a Program. Such person is not a party to the agreement with the Customer unless the Service Provider expressly states otherwise. The Service Provider independently determines the specialists involved in delivering the Program.

1.8. Services means the information and consulting services provided remotely by the Service Provider within the Program selected by the Customer.

1.9. Acceptance of the Offer means the Customer's full and unconditional acceptance of this Offer by performing any of the actions specified in Section 3.

1.10. Program Materials means any text, audio, video, graphic, presentation, methodological, digital, or other materials provided by the Service Provider.

1.11. Payment Service means a bank, acquiring organisation, payment organisation, payment gateway, payment agent, or other third-party payment provider used by the Service Provider to accept, process, tokenise, refund, or otherwise administer payments, including TipTop Pay where it is used for the relevant transaction.

1.12. Two-Tranche Payment means a method of paying the fixed Program price in two agreed parts: a first tranche paid by the Customer at registration and a second tranche payable on the date disclosed before the first tranche is paid. Unless expressly stated otherwise in the Program Card, Two-Tranche Payment is not a bank loan, consumer credit, or interest-bearing financing arrangement.

1.13. Payment Token means a technical identifier generated by the Payment Service after the first card payment or card verification and capable of being used for a subsequent payment without the Customer re-entering the full card details. A Payment Token is not the full card number or card security code.

1.14. Automatic Second-Tranche Charge means the initiation by the Service Provider, through the Payment Service and using the Payment Token, of payment of the agreed second tranche on the disclosed due date without the Customer having to re-enter card details or separately initiate that payment, except where the issuing bank or Payment Service requires additional authentication.


2. GENERAL PROVISIONS

2.1. This Offer governs the relationship between the Service Provider and the Customer when the Customer purchases Services through the Website, an application form, a payment page, a messenger, a social media platform, or another digital channel of the Service Provider.

2.2. This Offer is a contract of adhesion. The Customer accepts the terms of the Offer in full, without reservations or exceptions.

2.3. The agreement is entered into between the Customer and the Service Provider. All payments under the agreement shall be made to the Service Provider, Individual Entrepreneur "KHIKAYA", unless the Service Provider expressly states otherwise. The Service Provider may use payment agents, acquiring banks, payment services, tokenisation, recurring-payment functionality, and other lawful payment collection methods. The technical processing of card details may be carried out by the Payment Service.

2.4. Programs may be delivered by Aziz Mussilimov, mentors, instructors, experts, coordinators, and other engaged specialists. The inclusion of a lecturer's, mentor's, or specialist's name in the Program title, Program Card, advertising, or schedule does not make that person a party to the agreement with the Customer.

2.5. The Service Provider may engage mentors, experts, and other persons to provide the Services without obtaining additional approval from the Customer, provided that doing so does not reduce the scope or quality of the Services under the selected Program. Such persons provide services on the instructions of the Service Provider and are not independent parties to the agreement with the Customer unless the Program Card expressly states otherwise.

2.6. The Services do not guarantee the Participant's admission to an educational institution, receipt of a grant, scholarship, visa, invitation, high score, favourable decision by a third party, or achievement of any other specific result that depends on the Participant's actions, the requirements of educational institutions, state authorities, examination bodies, grant committees, or other circumstances beyond the Service Provider's control.

2.7. Information contained in the Service Provider's advertising materials, publications, stories, posts, presentations, and messages is provided for informational purposes and does not constitute a guarantee of any result unless the Service Provider has expressly accepted such result in writing as a contractual obligation.

2.8. The Services of the Service Provider are information and consulting services aimed at providing recommendations, feedback, and methodological materials for writing essays, motivation letters, and other written materials for university applications. The Service Provider does not issue state-recognised documents, diplomas, official education certificates, or other documents certifying completion of education in the manner prescribed for educational organisations. The Service Provider is not an educational organisation and does not carry out educational activities within the meaning of the legislation of the Republic of Kazakhstan unless the law expressly provides otherwise.

2.9. The Service Provider independently determines the methodology for providing the Services, the sequence in which materials are studied, the manner in which sessions are conducted, the composition of instructors, the digital platforms used, and organisational processes, unless the Program Card expressly provides otherwise.

2.10. The Service Provider may amend the Program content, materials, sequence of topics and practical assignments, and teaching methodology where such amendments are intended to improve the quality of the Services and do not reduce the overall scope of the Services paid for by the Customer.

2.11. The Service Provider provides consulting, methodological, and editorial assistance only. All decisions concerning the submission of documents and the content of essays, motivation letters, applications, and other materials are made independently by the Customer or Participant.


3. CONCLUSION OF THE AGREEMENT AND ACCEPTANCE OF THE OFFER

3.1. This Offer is deemed to be made available to an unlimited number of persons from the time it is published on the Website or another official digital resource of the Service Provider.

3.2. The Customer accepts this Offer by performing any of the following actions: ticking the box stating "I have read and accept the terms of the Public Offer"; submitting an application to participate in a Program through the Website, a registration form, a messenger, a social media platform, or another channel of the Service Provider; clicking "Pay", "Enrol", "Enrol and Pay", "Proceed to Payment", or another similar button; making full or partial payment for the Services; commencing actual participation in the Program after receiving access to sessions, materials, chats, a personal account, a platform, or other Program resources; or sending the Service Provider a message confirming agreement to participate in the Program or another message indicating an intention to purchase the Services. Where Two-Tranche Payment is selected, the Customer shall additionally be shown, before the first tranche is paid, the total Program price, the amount of each tranche, the due date of the second tranche, and a clear notice that the second tranche will be charged automatically in accordance with Section 8.

3.3. Acceptance of the Offer means that the Customer: has read the terms of this Offer; agrees to the terms in full; confirms that the information provided is accurate; confirms that the Customer has authority to act on behalf of the Participant where the Customer and the Participant are not the same person; accepts the terms of the selected Program set out in the Program Card; understands that the Services are information and consulting services; accepts the refund terms set out in this Offer; and, where Two-Tranche Payment is selected, accepts the amount and due date of the second tranche and the Automatic Second-Tranche Charge procedure described in Section 8.

3.4. The agreement between the Service Provider and the Customer is deemed concluded upon Acceptance of the Offer.

3.5. The Service Provider may record evidence of Acceptance of the Offer, including the date and time, the version of the Offer, email address, telephone number, selected payment method, total Program price, tranche amounts and due dates, the Customer's consent to the Automatic Second-Tranche Charge, payment identifiers and Payment Token, IP address, browser information, Payment Service information, and other data necessary to evidence the conclusion and performance of the agreement.

3.6. The Customer confirms that, before Acceptance, the Customer was given an opportunity to review this Offer, the Program Card, the price of the Services, the participation terms, and the refund terms. If Two-Tranche Payment is selected, the Customer further confirms that the total price, first-tranche amount, second-tranche amount, second-tranche due date, and automatic-charge notice were made available before the first tranche was paid.

3.7. In the event of any inconsistency between correspondence between the Parties and this Offer, this Offer shall prevail unless the Parties have agreed otherwise in writing.

3.8. By selecting Two-Tranche Payment, expressly accepting the relevant payment notice on the Website or payment page, and paying the first tranche, the Customer instructs and authorises the Service Provider and the Payment Service to create and/or retain a Payment Token and to initiate the Automatic Second-Tranche Charge in the agreed amount on the disclosed due date. No separate payment instruction from the Customer is required on that date, except where additional authentication is required by the issuing bank or Payment Service. The Customer confirms that the card used belongs to the Customer or that the Customer has lawful authority from the cardholder to make both the first payment and the authorised second-tranche payment.


4. SUBJECT MATTER OF THE AGREEMENT

4.1. The Service Provider undertakes to provide the Customer with the Services in accordance with this Offer and the Program Card, and the Customer undertakes to pay for the Services and comply with this Offer.

4.2. The content, format, duration, schedule, price, dates, number of sessions, composition of materials, feedback procedure, lecturer, mentor or engaged specialist, and other terms of the Services are determined by this Offer and the Program Card.

4.3. If the Program Card states that the Program is delivered by a specific lecturer, mentor, or engaged specialist, this means that the relevant person participates in providing the Services on behalf of or under the instructions of the Service Provider. The Service Provider remains the party to the agreement with the Customer.

4.4. The Service Provider may replace the lead lecturer, mentor, coordinator, or other specialist with a person who has the knowledge, experience, and competence required to provide the relevant Services where replacement is necessary for organisational reasons, illness, force majeure, the specialist's inability to participate, or other objective reasons.

4.5. Replacement of a specialist does not entitle the Customer to a refund where the overall scope and nature of the Services remain unchanged. If a replacement materially reduces the scope or quality of the Services, the Service Provider may offer the Customer a deferral of participation, a replacement Program, another reasonable method of performance, or a refund for the unprovided portion of the Services.

4.6. Where the Program includes group sessions, the Service Provider independently forms groups, appoints mentors, determines the interaction format, and allocates Participants among groups. The Service Provider may also change the composition of groups during the Program where organisationally necessary.

4.7. The Services may be provided remotely by video conferencing, educational platforms, messengers, email, cloud storage, a personal account, and other digital services. The Service Provider independently determines which digital platforms will be used and may replace one platform with another, provided that the Customer remains able to receive the Services.

4.8. A failure by the Customer or Participant to use an available opportunity to receive the Services for reasons beyond the Service Provider's control does not mean that the Services were not provided.

4.9. The Service Provider provides recommendations, consultations, and editorial and methodological comments. All final decisions concerning the content, editing, revision, and further use of written application materials are made independently by the Customer and/or the Participant.


5. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider shall:
- provide the Services in the scope and on the terms set out in this Offer and the selected Program;
- provide the Services in good faith and with reasonable professional care;
- provide the Customer with information concerning the procedure for participating in the Program;
- promptly inform the Customer of material changes to the schedule, format, or conditions under which sessions are conducted;
- ensure respectful treatment of Participants;
- prevent humiliation, discrimination, insults, and physical or psychological violence;
- process the personal data of the Customer and Participant in accordance with the legislation of the Republic of Kazakhstan and a separate consent to the collection and processing of personal data.

The Service Provider may:
- establish rules for participation in the Program, procedures for access to materials, assignment deadlines, and standards of Participant conduct;
- engage third parties to provide the Services;
- change the schedule, format, or technical platform used for sessions, provided that the overall scope of the Services is maintained;
- temporarily suspend the Participant's access to the Services in the event of a breach of this Offer, rules of conduct, information security requirements, payment terms, or intellectual property rights;
- where Two-Tranche Payment is selected, initiate the Automatic Second-Tranche Charge in accordance with Section 8, receive payment-status information from the Payment Service, and, if the charge is unsuccessful, make repeat attempts in accordance with the Payment Service settings and/or offer the Customer an alternative payment method;
- discontinue the Services to a Participant in the event of a serious or repeated breach of the rules of conduct, insults, harassment, discrimination, threats, disclosure of another person's personal data, plagiarism, fraud, transfer of access to third parties, unauthorised recording of sessions, distribution of materials, or other conduct that interferes with delivery of the Program;
- use depersonalised assignment results and statistical data to analyse and improve Programs;
- amend this Offer in accordance with Section 14;
- reschedule individual sessions in the event of a lecturer's illness, technical failure, or other objective circumstances, provided that such sessions are subsequently held at another time;
- refuse to provide the Services before the Program begins and refund the payment received where circumstances prevent proper provision of the Services or create a threat to the rights and lawful interests of the Service Provider, its personnel, or other participants.

In the event of a serious breach of this Offer by the Customer or Participant, the Service Provider may terminate access to the Program without refunding the value of Services already provided or expenses actually incurred.


6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER AND PARTICIPANT

The Customer may:
- receive accurate information concerning the selected Program;
- receive the Services in accordance with this Offer and the Program Card;
- contact the Service Provider regarding the organisation of participation in the Program;
- withdraw from the Services in accordance with this Offer;
- where Two-Tranche Payment is selected, revoke the authorisation for a future Automatic Second-Tranche Charge before that charge is initiated by notifying the Service Provider through an official communication channel; such revocation does not cancel the Customer's obligation to pay the amount due under the agreement and the Customer shall settle that amount by another method agreed with the Service Provider;
- submit a claim to the Service Provider if the Customer's rights are infringed.

The Customer and Participant shall:
- pay for the Services in full and on time;
- where Two-Tranche Payment is selected, ensure by the due date of the second tranche that the payment card and account used for the first tranche remain valid and capable of making the agreed payment, including having sufficient available funds and payment limits, or promptly arrange another payment method with the Service Provider if automatic payment cannot be completed;
- provide accurate information necessary to arrange participation and provide the Services, and promptly notify the Service Provider of any changes to that information;
- independently ensure the availability of the technical equipment, internet access, software, and other conditions required to participate in remote sessions;
- comply with the schedule, participation rules, and reasonable requirements of the Service Provider;
- treat the Service Provider, lecturers, mentors, coordinators, other Participants, and third parties with respect;
- refrain from transferring to third parties, in whole or in part, access to sessions, chats, personal accounts, materials, links, recordings, or other Program resources;
- refrain from using Program Materials for commercial purposes without the Service Provider's prior written consent;
- refrain from making audio, video, or photographic recordings, screen recordings, or screenshots, copying materials, broadcasting sessions, or distributing recordings without the Service Provider's prior written consent;
- refrain from presenting another person's work as their own, using plagiarism, falsifying assignment results, or otherwise breaching the rules of academic integrity;
- independently monitor messages sent by the Service Provider through email, messengers, the personal account, the Program chat, or other communication channels specified by the Customer;
- promptly provide the Service Provider with documents, data, and information required to provide the Services.

Where a minor participates, the Customer confirms that the Customer is the minor's parent, adoptive parent, guardian, custodian, or other legal representative authorised to accept this Offer and provide the required consents on behalf of the Participant.


7. PARTICIPATION AND CONDUCT RULES

7.1. The Participant shall comply with standards of respectful, good-faith, and safe conduct, as well as this Offer and the rules of the relevant Program.

7.2. The following conduct is prohibited: insults, threats, harassment, humiliation, discrimination, and aggressive conduct; breach of the confidentiality of other Participants; disclosure of the personal data, photographs, recordings, or work of other Participants without their consent; actions that disrupt digital platforms, chats, or sessions; unauthorised recording, copying, publication, transfer, or sale of Program Materials; transfer of access to the Program to third parties; plagiarism and other forms of academic misconduct; posting advertisements, bulk messages, or commercial information in common Program chats without the Service Provider's consent; using Program chats for political campaigning, distribution of extremist materials, or other information unrelated to the purposes of the Program; representing oneself as an employee, mentor, or official representative of the Service Provider without appropriate authority.

7.3. For a specific Program, the Service Provider may establish, amend, and supplement organisational and technical participation rules. Such rules form part of the participation terms but may not alter the previously agreed price, number of sessions, time limits, format, or scope of paid Services unless otherwise agreed with the Customer.

7.4. A breach of this Section constitutes a material breach of the Offer and may result in the measures provided for in this Offer, including temporary restriction of access to the Program or discontinuation of the Services.


8. PRICE OF SERVICES AND PAYMENT PROCEDURE

8.1. The price of the Services is specified in the Program Card, order form, invoice, payment page, or another communication from the Service Provider.

8.2. The Customer shall pay for the Services in Kazakhstani tenge unless otherwise agreed with the Service Provider in writing.

8.3. Payment may be made as: (a) 100% advance payment; (b) Two-Tranche Payment where this option is offered in the Program Card or payment interface; or (c) another method expressly agreed between the Service Provider and the Customer. Unless expressly stated otherwise, Two-Tranche Payment does not increase the Program price and is not a bank loan, consumer credit, or interest-bearing financing arrangement.

8.4. Before the Customer pays the first tranche, the Program Card, registration flow, invoice, or payment page shall identify the total Program price, the amount of the first tranche, the amount of the second tranche, and the date on which the second tranche is due. These terms form part of the agreement.

8.5. When the first tranche is paid by bank card, the Payment Service may tokenise the card and issue a Payment Token. The Service Provider may retain the Payment Token and transaction metadata only to the extent necessary to administer the agreed payment arrangement, refunds, payment reconciliation, and compliance obligations. The Service Provider does not need to receive or store the full card number or card security code in order to initiate the second payment using the Payment Token.

8.6. By selecting Two-Tranche Payment, expressly accepting the automatic-payment notice, and successfully paying the first tranche, the Customer gives a payment instruction and consent for the Service Provider and Payment Service to initiate the Automatic Second-Tranche Charge from the card/payment method linked to the Payment Token in the exact second-tranche amount on the disclosed due date. The second payment may be processed without the Customer re-entering card details or separately confirming the payment, unless additional authentication is required by the issuing bank or Payment Service.

8.7. The Service Provider may not use the authorisation in clause 8.6 to charge an amount exceeding the agreed second tranche or to move the charge to an earlier date without the Customer's separate express consent. If the second-tranche amount or due date is materially changed by agreement of the Parties, a new or updated payment authorisation shall be obtained where required.

8.8. If the Automatic Second-Tranche Charge is declined or otherwise fails because of insufficient funds, card expiry, transaction limits, bank refusal, technical failure, revocation of the Payment Token, or another circumstance not attributable to the Service Provider, the Customer's payment obligation remains in force. The Service Provider may make repeat payment attempts in accordance with the Payment Service settings and/or send the Customer a payment link, invoice, or other method for manual settlement.

8.9. The Customer may revoke the authorisation for a future Automatic Second-Tranche Charge before the charge is initiated by notifying the Service Provider through an official communication channel. Revocation of the automatic-charge authorisation does not terminate the agreement and does not cancel the Customer's obligation to pay the second tranche by the due date using another agreed payment method.

8.10. The Customer's payment obligation in respect of a tranche is discharged when the relevant funds are credited to the Service Provider's account or when the Service Provider receives confirmation of successful payment from the Payment Service. The Customer bears the risk of delay or refusal caused by the Customer's bank, card issuer, payment limits, or Payment Service circumstances beyond the Service Provider's control.

8.11. If any amount due is overdue, the Service Provider may temporarily suspend the Participant's access to the Services until the outstanding amount is paid in full. Sessions missed by the Participant because of overdue payment are deemed to have been conducted, provided that the Service Provider made them available to the relevant group or Program.

8.12. The Service Provider may withhold assignment review, feedback, and access to the Program until payment or the first tranche has been received, where the selected Program permits the relevant payment arrangement.

8.13. If the Customer fails to pay the second tranche or another scheduled payment for more than 10 calendar days after its due date, the Service Provider may unilaterally terminate further performance of the agreement, subject to the mandatory requirements of the legislation of the Republic of Kazakhstan.

8.14. After Acceptance of the Offer, the total price of the selected Program for the Customer shall not change, except where the scope of the Services is amended by agreement of the Parties.

8.15. Discounts, promotional codes, referral bonuses, special prices, and other benefits apply only if the conditions of the relevant promotion, as published or confirmed by the Service Provider, are met. Unless expressly stated otherwise, discounts may not be combined.

8.16. A discount or special price must be agreed before payment and recorded in the Program Card, invoice, payment page, or another communication from the Service Provider. Subsequent promotions, discounts granted to other persons, or changes to the price of similar Programs do not entitle the Customer to a change in the previously agreed price of the Services.

9. ACCEPTANCE OF SERVICES AND CLAIMS

9.1. The Services are provided in stages through sessions, consultations, seminars, review of work, provision of access to materials, organisational support, feedback, and other actions specified in the Program Card.

9.2. The Service relating to a particular session, consultation, seminar, review of work, or other stage is deemed provided when that activity is actually conducted, access is granted, feedback is sent, material is made available, or another relevant action is performed by the Service Provider.

9.3. If the Customer does not submit a reasoned written claim within three business days after the relevant portion of the Services is provided, that portion is deemed accepted by the Customer without objection.

9.4. Upon completion of the Program, the Services are deemed provided in full irrespective of the Participant's level of participation, provided that the Service Provider conducted the sessions specified in the Program, provided access to the materials, and performed its other obligations under the Program Card.

9.5. A claim must state the names of the Customer and Participant, the relief requested, the name of the Program, a description of the alleged breach, the date of the session or stage to which the claim relates, and evidence supporting the Customer's position.

9.6. Nothing in this Section limits the Customer's rights as a consumer under the legislation of the Republic of Kazakhstan.

9.7. Claims shall be submitted through the Service Provider's official communication channels specified in this Offer.


10. WITHDRAWAL FROM SERVICES AND REFUNDS

10.1. The Customer may withdraw from the Services by sending the Service Provider a written notice through the contact details specified on the Website, in the Program Card, or in Section 17 of this Offer.

10.2. If the Customer withdraws before provision of the Services begins, the Service Provider shall refund the amount received after deducting any expenses actually incurred, documented, and connected with preparation for provision of the Services.

10.3. If the Customer withdraws after provision of the Services has begun, the Service Provider shall refund the difference between the amount paid for the Services and: the value of the Services actually provided as at the date on which the withdrawal notice is received; and the Service Provider's expenses actually incurred, documented, and connected with performance of the agreement.

10.4. In calculating the value of Services actually provided, account shall be taken of sessions conducted, work reviewed, materials provided, access granted to platforms, chats, and recordings, mentoring sessions, organisational and technical support, and any other services actually made available to the Customer or Participant.

10.5. Unless the Program Card states otherwise, the value of one group session is calculated proportionately by dividing the Program price by the total number of sessions included in the Program. Review of work, mentoring support, and other separate services may be valued separately where their price is specified in the Program Card or agreed by the Parties.

10.6. If the Participant does not attend a session for personal reasons, including illness, other commitments, lack of technical capability, holiday, lateness, forgetfulness, or other circumstances beyond the Service Provider's control, the session is deemed conducted provided that the Service Provider made participation available in accordance with the Program schedule.

10.7. If the Participant joins a session late, does not join, leaves early, or does not complete an assignment, this does not entitle the Customer to a repeat session or a refund for the relevant session or stage of the Services.

10.8. If the Service Provider is unable to provide the Services due to its own fault and does not offer an equivalent replacement, rescheduling, or another agreed method of performance, the Customer may request a refund for the unprovided portion of the Services.

10.9. A refund shall be made by the same method used for payment, or by another method agreed by the Parties, within 10 business days after the Service Provider receives the refund request and the required payment details, unless another period is prescribed by the legislation of the Republic of Kazakhstan.

10.10. The Service Provider may retain only amounts permitted by the legislation of the Republic of Kazakhstan and this Offer. Nothing in this Offer limits the Customer's rights as a consumer under the legislation of the Republic of Kazakhstan.

10.11. A refund shall be paid only to the Customer who paid for the Services, unless otherwise required by the legislation of the Republic of Kazakhstan or agreed by the Parties in writing.

10.12. A refund does not include fees retained by banks, payment systems, or other intermediaries in connection with the payment where such fees were not received by the Service Provider.

10.13. Upon issuance of a refund, access to Program Materials, the platform, chats, and other digital resources shall be terminated unless otherwise agreed by the Parties.

10.14. If access to the Program is terminated, or if the Service Provider terminates further performance of the agreement, as a result of a material breach by the Customer or Participant of this Offer, the Participation Rules, or other mandatory requirements of the Service Provider, amounts paid are non-refundable. Material breaches include, without limitation, breaches that constitute grounds for restricting or terminating access to the Program under Section 7 of this Offer.

10.15. Where Two-Tranche Payment was selected and the Customer validly withdraws from the Services before the Automatic Second-Tranche Charge has been initiated, the Service Provider shall cancel the scheduled automatic charge after receiving and processing the withdrawal notice. The final financial settlement shall be determined under clauses 10.2-10.5. If an amount remains payable by the Customer after that calculation, the Service Provider may request payment of that amount by invoice, payment link, or another agreed method. If the second tranche was successfully charged before the withdrawal notice was received or processed, the amount actually paid shall be included in the refund calculation under this Section.


11. INTELLECTUAL PROPERTY

11.1. All Program Materials, as well as any other subject matter of copyright and related rights and any databases, including lectures, presentations, videos, audio recordings, texts, assignments, templates, methodological materials, designs, session structures, chats, stream recordings, knowledge bases, and other results of intellectual activity and means of individualisation, are owned by the Service Provider or used by it on a lawful basis.

11.2. The Customer and Participant are granted a limited, personal, non-exclusive, and non-transferable right to use the materials solely for personal participation in the selected Program.

11.3. Without the Service Provider's written consent, it is prohibited to: copy, reproduce, distribute, publish, transfer, sell, or adapt Program Materials; record sessions, take screenshots, make screen recordings, or broadcast sessions; provide access to third parties; use the materials, in whole or in part, for commercial, educational, or other public purposes; remove or alter authorship notices, logos, watermarks, or other rights notices; upload Program Materials, in whole or in part, to artificial intelligence systems, machine learning systems, or other services for model training; create courses, methodologies, presentations, or other educational products based on Program Materials; publish or store the materials on the internet, in cloud storage, on file-sharing services, or on social media platforms.

11.4. Infringement of intellectual property rights, transfer of access to third parties, unauthorised recording of sessions, or distribution of materials constitutes a material breach of this Offer and entitles the Service Provider to terminate the Participant's access to the Program without refunding the value of Services already provided and to claim compensation for losses caused.


12. PERSONAL DATA, PHOTOGRAPHS, VIDEO, AND AUDIO

12.1. To arrange participation and provide the Services, the Service Provider may collect and process the personal data of the Customer and Participant to the extent necessary to perform the agreement, organise sessions, process payment, administer Two-Tranche Payment and refunds, provide feedback and access to materials, and comply with the requirements of the legislation of the Republic of Kazakhstan. Payment-related data may include transaction identifiers, Payment Tokens, payment status, masked card information supplied by the Payment Service, and other technical payment metadata necessary for these purposes.

12.2. The Service Provider may make photographic, video, and audio recordings of sessions for the purposes of organising instruction, quality control, providing recordings to Participants, internal team training, and other purposes of which the Customer has been notified in advance.

12.3. The Participant's image, voice, name, work, testimonial, or other identifying materials may be published for advertising, marketing, commercial, or public purposes only with the Customer's separate voluntary consent or, in the case of a minor Participant, the separate voluntary consent of the Participant's legal representative.

12.4. The Service Provider processes personal data in accordance with the legislation of the Republic of Kazakhstan and the Privacy Policy.

12.5. The Customer and Participant shall not record, distribute, or otherwise use the images, voices, or personal data of other participants without their consent.

12.6. Personal data are retained for the period necessary to achieve the purposes of processing or for the period prescribed by the legislation of the Republic of Kazakhstan.

12.7. Where the Customer has given separate consent, the Service Provider may use the Participant's name, image, learning results, essays, motivation letters, testimonials, other work, and materials for educational, informational, methodological, marketing, and advertising purposes. Such consent may be given in writing or by an electronic message sent through a messenger, email, or another communication channel agreed by the Parties.

12.8. Full card details and card security codes entered for payment are processed through the Payment Service in accordance with its security procedures. For the purposes of the Automatic Second-Tranche Charge, the Service Provider may store and use the Payment Token and related transaction metadata but shall not intentionally store the full card number or card security code in its application database.


13. LIABILITY AND FORCE MAJEURE

13.1. The Parties are liable for failure to perform or improper performance of their obligations under this Offer in accordance with the legislation of the Republic of Kazakhstan.

13.2. The Service Provider is not liable where the Participant is unable to participate in the Program due to circumstances beyond the Service Provider's control, including lack of internet access, malfunction of the Customer's or Participant's equipment, acts or omissions of telecommunications providers, errors made by the Customer when providing contact details, or failure by the Customer to comply with participation rules or technical requirements.

13.3. The Service Provider is not liable for decisions made by educational institutions, state authorities, visa authorities, examination bodies, grant committees, or other third parties where such decisions are beyond the Service Provider's control.

13.4. The Service Provider is not liable for the Participant's result where that result depends on the Participant's independent work, the completeness and accuracy of information provided, compliance with assignment deadlines, third-party requirements, or other circumstances beyond the Service Provider's control.

13.5. The Service Provider is not liable for loss of profit, loss of anticipated benefits or income, damage to business reputation, or other indirect losses of the Customer.

13.6. The Parties are released from liability for partial or complete failure to perform their obligations where such failure results from force majeure circumstances that the Parties could not reasonably foresee or prevent.

13.7. Force majeure circumstances may include emergencies, armed conflict, civil unrest, natural disasters, failure of critical infrastructure, acts of state authorities, epidemics, a state of emergency, widespread failures of digital platforms, and other circumstances of a similar nature.

13.8. If force majeure occurs, the Service Provider may extend the time limits for providing the Services, change the format in which they are provided, or propose another reasonable method of performing its obligations.

13.9. A Party whose performance becomes impossible due to force majeure shall notify the other Party within five business days after becoming aware of the relevant circumstances, provided that such notification is objectively possible.

13.10. If force majeure continues for more than 60 calendar days and materially prevents provision of the Services, the Parties shall agree on rescheduling, replacement of the Program, another method of performance, or a refund for the unprovided portion of the Services.

13.11. A Party affected by force majeure shall take reasonable measures to minimise its consequences and resume performance as soon as reasonably possible.

13.12. The Service Provider is not liable for a failed or delayed Automatic Second-Tranche Charge caused by insufficient funds, card expiry, limits or restrictions imposed by the Customer's bank or card issuer, refusal of authorisation, revocation of the Payment Token, or other circumstances beyond the Service Provider's reasonable control. Such failure does not by itself extinguish the Customer's payment obligation.


14. DISPUTE RESOLUTION AND AMENDMENT OF THE OFFER

14.1. The Parties shall seek to resolve disputes through negotiations and the submission of a written claim.

14.2. The Customer may submit a claim using the contact details specified on the Website, in the Program Card, or in Section 17 of this Offer.

14.3. The Service Provider shall consider a claim and provide a response within 10 business days after receiving it unless another period is prescribed by the legislation of the Republic of Kazakhstan.

14.4. If a dispute cannot be resolved through the claims procedure, it shall be resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

14.5. The Service Provider may unilaterally amend this Offer. A new version takes effect when it is published on the Website unless that version specifies another effective date.

14.6. Amendments to this Offer apply both to persons who accept the Offer after the new version takes effect and to previously concluded agreements insofar as the amendments concern interaction procedures and organisational, technical, or procedural matters, do not place the Customer in a worse position, and do not alter the price, scope, time limits, content, or other material terms of Services already paid for. Amendments required by the legislation of the Republic of Kazakhstan apply to all current agreements from the date on which the relevant legal requirements take effect.


15. OFFICIAL COMMUNICATIONS

15.1. Official communications between the Service Provider and the Customer may be conducted by email, Telegram, WhatsApp, Instagram, the personal account, the Program chat, the feedback form on the Website, or other channels specified by the Customer or the Service Provider.

15.2. Messages sent through those communication channels constitute proper notices under this Offer where the sender, recipient, date, and content of the message can be established.

15.3. The Customer shall independently monitor messages from the Service Provider. The Service Provider is not liable if the Customer does not receive a message because notifications are disabled, contact details are incorrect, an account is blocked, internet access is unavailable, a technical failure occurs on the Customer's side, or a third party takes action affecting delivery.

15.4. Communications under this Section may include payment reminders, notices of the second-tranche due date, notifications of an unsuccessful automatic-charge attempt, confirmation of successful payment, and payment links. Failure to receive an additional reminder does not alter a tranche amount or due date that was disclosed and accepted before payment, unless mandatory law provides otherwise.


16. FINAL PROVISIONS

16.1. This Offer remains in effect until withdrawn by the Service Provider or replaced by a new version.

16.2. The following form an integral part of this Offer: the Program Card; participation rules, where published or provided for a specific Program; consent to the collection and processing of personal data; consent to photographic, video, and audio recording, where such consent is obtained separately; consent to the advertising use of an image, voice, name, work, or testimonial, where such consent is obtained separately; other documents expressly identified by the Service Provider as applicable to the selected Program.

16.3. If any provision of this Offer is held invalid, the remaining provisions shall remain valid.

16.4. Any matter not governed by this Offer shall be governed by the legislation of the Republic of Kazakhstan.

16.5. The Customer confirms that, before Acceptance, the Customer reviewed this Offer, understands its content, and accepts its terms voluntarily and in full.


17. SERVICE PROVIDER DETAILS AND CONTACT INFORMATION

Service Provider: Individual Entrepreneur "KHIKAYA"
Individual Identification Number (IIN): 920430350086
State registration: No. KZ41TWQ01866170 dated 19 February 2022
Address: Apartment/Office 6, 29 Bukhar Zhyrau Avenue, Karaganda, Republic of Kazakhstan
Bank: Kaspi Bank JSC
Bank Identification Code (BIC): CASPKZKA
Beneficiary Code (KBe): 19
IBAN / Account Number (IIK): KZ42722S000013779876
Telephone: +7 775 735 55 59
Email: mussilimov@gmail.com
Website: uaqiqaqi.org
See also our Privacy Policy.