Privacy Policy
1. ACCEPTANCE OF TERMS AND CONDITIONS
1. By visiting our site https://www.qalam.global/ (the "Site") and/or using our qalam.global mobile applications (the "Applications"), qalam.global social media accounts, qalam.global messenger accounts (the "Internet Resources") you agree to become a User of the Company's Internet Resources; and all the content available on the Site, Applications, and Internet Resources (the "Content") is distributed by Clover Street Production Limited Liability Partnership (hereinafter referred to as the "Company").
2. By visiting our Internet resources you agree as a User to be bound by the following terms and conditions of this User Agreement, which defines the contractual relationship between the Company and you as a User of the Company's Internet resources.
3. The confidentiality issues are described in the Confidentiality Policy available on our Site and other Internet resources.
4. The Company is entitled, on its own initiative and discretion, to modify or amend this Policy at any time without obtaining any consent from the Users or other third parties.
5. The Company shall do whatever is necessary to notify Users of any amendments by reference in the appropriate section, or specifying directly in the text of the User Agreement the date of the last update. You, as a User, hereby expressly acknowledge your waiver of any right to receive additional notification of any amendments to the Policy.
6. The Company's Internet resources may be changed, updated or become temporarily unavailable or suspended at any time without notice to Users or other third parties and the Company shall bear no liability for the above-mentioned risks.
7. If you do not agree with any term of this Policy or become unable to comply with its terms, please refuse to use the Company's Internet resources.
2. USER ACCOUNT
2.1 To have access to some functions of the Company's Internet resources the User may be requested to register an account by filling in actual personal data in the form provided during the registration, otherwise the services will be unavailable.
2.2 To register an account, the User will be required to: (1) provide accurate information; (2) keep the information provided up-to-date; and (3) comply with the law and this agreement, as well as the Company policies.
2.3 In case of violation of the terms of this Agreement or the Company's policies the Company may suspend or block any account or restrict the access to the Company's Internet resources without prior notification.
2.4 The user shall bear several liability for keeping any data to access their account confidential.
2.5. User shall bear several liability for the actions made using his/her account.
2.6. The User shall immediately notify the Company of any suspicious account activity, unauthorized use, or any suspected misuse of the account or any other breach of confidentiality or secure use of the account.
2.7. The Company shall not be liable for any damage or loss resulting from the User's failure to fulfill this Agreement or the Company's policies.
2.8 By using the Internet resources, the User agrees to receive links, notifications, news and information mailings of the Company.
2.9 The User may opt out of receiving notifications by unsubscribing from the mailing list and disabling notifications in the device settings via which the Internet resources are accessed.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 By accessing the Internet resources, the User agrees that all the content (including, but not limited to: images, text, logos, marks, compilations, data, software and other materials displayed on the Company's Internet resources or used by the Company for work) is the Company's property or the property of third parties.
3.2 The Company reserves all rights, and does not alienate any of them, including intellectual property rights for the foregoing, except as expressly provided herein, and any use, copying, distribution, translation, processing, incorporation into analytical materials, collections, reviews, redistribution, sale, decompilation, copying of technology, breaking-off and analysis, or other use without the express written consent of the Company are strictly prohibited.
3.3. Granting the right to use the Internet resource to any of the Users does not provide them with the right to further transfer any rights (including intellectual property rights) to any third party.
3.4 Any information provided by the User provides to the Company, as well as any data, texts and other materials submitted by the User may be posted on the Internet resources (“User Content”) and remains the intellectual property of the User, and the User by using the Internet resource hereby agrees that the Company may retain copies of any information and User Content, as well as use such information and the User Content.
3.5 By using the Internet Resources, the User grants the Company a non-exclusive, transferable, irrevocable, perpetual, worldwide, perpetual right to post, distribute, publicly display and reproduce the User Content on its Internet Resources.
3.6 The Company hereby grants the User a non-transferable, non-exclusive license (without the right to sublicense) to use of Internet resources for personal, non-commercial purposes only.
3.7 The User hereby agrees, represents and warrants to use the Company's Internet resources in accordance with the established rules and restrictions and not infringe any laws, common standards of morality and ethics, the rights of any other person or violate any contract or obligation to any third party, and in the case of a breach, the User shall be personally liable, holding the Company harmless from any claims and lawsuits from third parties for such breaches. At the same time, the User shall indemnify all liabilities caused by the breach of this Agreement.
4. TECHNICAL TERMS
4.1 The User shall be fully responsible for the operation of his/her equipment and the quality of telecommunication services provided to him/her, which are essential for access to the Internet resources, as well as shall bear all the associated costs.
4.2 The Company has the right to introduce any changes to the Internet resources (both to free and paid services) at any time.
4.3. The Company warns that some of its actions may result in temporary or permanent reduction in the User's access to the Internet resources, and the User, by using the Internet resources agrees that the Company shall not be liable for the consequences of such actions, including, but not limited to, the removal or unavailability of any Content or services.
4.4. The user shall bear several liability for the use of the Internet resources.
4.5. The Company shall not be liable for any damage or loss caused to the computer programs and/or system, loss of any data or any other damage caused to the User or third parties, including, but not limited to, resulting from any decisions made based on any information or recommendations available on the Internet resources.
4.6 The User shall hold the Company harmless from the obligation to provide any customer support to the User. The Company shall be entitled to provide customer support to the User at its own discretion.
5. ADVERTISING MATERIALS AND PUBLICATIONS OF THIRD PARTIES
5.1 The Company shall not be responsible for any materials posted on the Internet resources that do not belong to the Company (e.g. links, publications of other media, authors, bloggers, scientific, research and other publications, official publications of government agencies and organizations, banks, etc.), as well as for ads in the interest or on behalf of third parties. Such materials and ads are published for convenience. The Company does not review, separately or individually approve, monitor, recommend, warrant or make any representations with respect to such materials or ads.
5.2. By clicking on links to a third-party site or an advertiser's site whose ads are placed on the Company's Internet resources, the User shall apply the rules and policies of the third party site.
5.3. The User shall independently and at his/her own risks enter into any transactions with third parties on Internet resources or by clicking on links to the websites of third parties and/or advertisers. The Company shall not be liable for the User's transactions with third parties.
5.4 Each User shall be responsible for any postings and the content he/she publishes. The Company shall not be held responsible for the materials and content posted by Users and does not warrant the validity, accuracy, relevance, suitability or quality of the content associated with such postings.
5.5. Any relations/interactions of Users with each other on the Internet resources shall be the relations/interactions of such Users and shall not affect any rights or obligations of the Company. The Company shall not be liable for such relations/interactions and shall be indemnified for any damage or losses resulting from such relations/interactions.
6. COST AND SETTLEMENT
6.1 If appropriate services are available in the Company's Internet resources, the User shall be entitled to purchase a subscription or the Company's services at the rates specified in the Company's tariffs on the additionally published terms and conditions.
6.2 The User may purchase the Company's services in any legal and convenient for him/her way provided by the Company's software.
6.3 Payment for services shall be made for the Company's services only; the Company shall not charge any fees for services, goods or works of third parties.
6.4 The User shall read and understand the terms and conditions of rendering services, purchasing of goods, works or services, as well as with the payment procedure.
6.5 By making payment for the services, goods or works of the Company, the User confirms that he/she agrees with all terms and conditions of purchase. The cost of paid services, goods and works shall not be reimbursed by the Company. The purchase cannot be canceled.
6.6 The User shall be fully responsible for the security of his/her personal data when making payments .
6.7 The Company shall not be liable for safety of payment and transaction data, if such payments and transactions are made not to the Company account.
6.8 The Company shall not be liable for theft of any personal data such as bank account details and any passwords, accounts or other information, if such theft has been committed by any third parties.
6.9 The User shall be liable to ensure the security of his/her transactions relayed to payments for services, goods and works of third parties acquired on the Company's Internet resources.
7. REQUIREMENTS FOR THE USER
7.1 By using these Internet Resources the User shall represent and warrant that he/she:
1. is a legally capable person and accepts the terms of conditions of this User Agreement;
2. will not be granted access to the Company's Internet resources by automated, robotic means, or any software;
3. will not use the Internet resources for illegal or immoral, unethical purposes, and the fact of using the Internet resources by the User does not violate the laws applicable in his/her country.
7.2 The Internet resources shall be used in a manner appropriate for their intended purpose. It is prohibited to use the Company's Internet resources for commercial purposes without the express written consent of the Company.
7.3 The User is not permitted, without the express written consent of the Company, to:
extract data or other content for creation or processing;
use the Internet resources in any unauthorized way;
modify, adapt, improve, transform, enhance, translate or create other materials or any content based on the content of the Company's Internet resources.;
use the Internet resources to get profit, create own product or content, for the purpose of own commercial or non-commercial enterprise or other purposes c outside the objectives of the Internet resources;
provide access to Internet resources by multiple devices or several Users at the same time;
use the Company's Internet resources to create a product, service or software that explicitly or implicitly competes with or in any way replaces the Company's Internet resources;
use any Company confidential information, interface or other intellectual property while designing, developing, manufacturing, licensing or distributing any application, computer program accessory or device;
disable, override or otherwise interfere with the security software for the Company's Internet resources;
interfere, damage or overload the Company's Internet resources, networks, software or hardware;
decrypt, decompile or copy technologies of any Company software;
upload and distribute files that contain malware that may damage the operation of another computer or device;
use, launch, develop or distribute any automated system that links to the Company's Internet resources, uses or runs unauthorized software code, script or other software;
use the Internet resources to send automatic requests to any site or any unsolicited emails and messages;
c discredit honor, dignity and business reputation or otherwise cause harm to anyone, including the Company;
8. INDEMNITY AGAINST LIABILITY
8.1 The Internet resources shall be provided without any warranty of fitness for a particular purpose. The Company does not represent or warrant that
The Internet Resources will be secure or available at any time or place;
It immediately corrects errors or defects or bugs in the Internet Resources;
The Internet Resources will be free of any malware.
8.2 The Company shall not be liable for any losses, including lost profits, incurred by the User or any third party resulting from the use or impossibility to use the Company's Internet resources, or from commercials of third parties.
The Company shall not be liable for failure to comply with this User Agreement, if such failure is caused by circumstances beyond the Company's responsibility.
9. CONFLICT RESOLUTION AND APPLICABLE LAW
9.1 Company-Users relationship shall be subject to the laws of the Republic of Kazakhstan.
9.2 All the disputed between the Parties related to the Agreement shall be resolved by means of negotiations. Pre-trial dispute resolution shall be mandatory.
9.3 In case the Company and the User fail to reach agreement within thirty (30) calendar days from the receipt of a written claim, the dispute shall be considered at the home court of the Company.
10. Company’s Contacts
10.1 Any complaints, questions or proposals in relation to this User Agreement or the Internet resources shall be addressed to: 5th floor, building 115, Zheltoksan St., Almalinskiy district, Almaty, 050000, the Republic of Kazakhstan or by mail: [email protected].