TERMS OF USE

TERMS OF USE

on the use of educational content on the website Bilimland.kz

 

1. Definitions

1.1. For the purposes of this Terms of Use (hereinafter - the Agreement) the following definitions are used:

1.1.1. "Site Owner" - Bilim Media Group Limited Liability Partnership (BIN 110440012812), which has:

- certificate of state registration for the copyright object No. 836 dated May 20, 2014 on the educational platform "BilimLand",

- certificate of state registration for the copyright object No. 4416 dated July 03, 2019 for the computers "BilimLand.kz/Bilimland - an educational portal of digital educational resources”;

- certificate of state registration of the copyright object No. 1214 of October 4, 2012 for the audiovisual work - animated film "iMektep",

- certificate of state registration of the copyright object No. 4353 dated July 01, 2019for the computer program “Mektep.kz/iMektep - digital educational portal (computer program). iMektep.kz”;

- certificate of state registration for the copyright object No. 835 dated May 20, 2014 for the online training service “Twig-Bilim”,

- certificate of state registration for the copyright object No. 837 dated May 20, 2014 for the virtual training complex under the UNT preparation program - “iTest”,

- patent for utility model of the Republic of Kazakhstan No. 2497 dated November 30, 2017, of the educational system with an interactive tablet computer “BilimBook” for teaching and evaluating a student,

- patent for utility model of the Republic of Kazakhstan No. 3988 dated December 21, 2018 of the educational system with an interactive device for teaching and evaluating a student;

- certificate of state registration of the copyright object No. 4354 dated July 01, 2019, on the computer program “BilimKids/BilimLandKids - an informative educational electronic portal of digital educational resources;

- certificate of state registration of the copyright object No. 4358 dated July 01, 2019, on the computer program “rms.bilimland.kz - resource management system (computer program)”;

- certificate of state registration of the copyright object No. 4376 dated July 01, 2019 on the computer program “Platform.bilimland.kz / contractor.bilimland.kz - designer for managing and developing content (computer program)”;

- certificate of state registration of the copyright object No. 9241 of April 13, 2020 on the computer program "OnlineMektep" as an informative digital educational portal for digital educational resources for preschool children, primary and secondary school students.

1.1.2.  “Site” - “Internet resource Bilimland.kz - educational portal of digital educational resources” (http://www.bilimland.kz), consisting of a set of web pages, sections, applications, services (hereinafter referred to as pages), content, and also a corresponding program that ensures the availability of this information on the Internet at the network address (domain name): https: // www.bilimland.kz/, including the mobile version of the Site.

1.1.3. “Content” - information, analytical and other materials of the Site, with design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and / or other objects that are the result of intellectual activity or are not such, the rights to which belong to the Site Owner, Users or third parties.

1.1.4. “User” - any individual who has reached 16 years of age or older, who has not been deprived of or not limited by a court of legal capacity, and a legal entity.

1.1.5. “Personal data” - information about the User (surname, name, individual identification number/business identification number, phone number, email addresses, access credentials: password, login/pseudonym/name, etc.), referred to by the legislation of the Republic of Kazakhstan to the category of personal data of limited access;

1.1.6. “Account”- a set of data necessary for the identification of the User in order to provide him with access.

 

2. Subject of the Terms

2.1. This Agreement is a public offer agreement (offer) in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan. The site owner provides any User with the opportunity to use the Content in two ways of access: (1) without registration and payment within the framework of limited access to the Content (hereinafter - Demo Access) or (2) with registration and creation of an Account and payment within the framework of full access to the Content (hereinafter referred to as Full Access).

2.2. The Agreement enters into force from the moment the User expresses consent with its terms (acceptance) by accepting the terms of the Agreement in the dialog box on the Site, which, within the meaning of Article 396 p. 3 of the Civil Code of the Republic of Kazakhstan, is an acceptance of the offer of the Site Owner.

2.3. The User gives his consent to the collection, processing, storage and use/distribution of personal and other data of the User and/or third parties, including minor children/children of the User, provided on the Site, in accordance with the requirements defined by this Policy, Law of the Republic of Kazakhstan No. 401 -V ZRK of 11/16/2015 “On Access to information”, the Law of the Republic of Kazakhstan No. 94-V of 05.21.2013 “On Personal Data and Their Protection”, Law of the Republic of Kazakhstan No. 418-V ZRK of 11.24.2015 “On Informatization”, and other regulatory legal acts of the Republic of Kazakhstan in the field of personal data protection.

2.4. The terms of the Agreement can be accepted only in full, without any reservations, restrictions or exceptions. Expression by the User of his consent means the conclusion of a civil contract that generates the User's obligation to comply with the terms of the Agreement, including the applicable rules of conduct of the User on the Site.

2.5. To use the Site Content, the expression of consent (acceptance) with the provisions of the User Agreement is a prerequisite.

 

3. Rights and obligations of the Parties

3.1. User has the right to: 

3.1.1. Choose methods of access to Content: Demo access or Full access;

3.1.2. Stop using the Account and terminate this Agreement;

3.1.3. Express consent to the collection and processing of personal data, including, if necessary, from state databases;

3.1.4. Change the username/pseudonym and password to access the Account; 

3.1.5. Use the Content in compliance with the terms of this Agreement, as well as the laws of the Republic of Kazakhstan;

3.1.6. To know that the Site Owner, as well as the third party, has his personal data, as well as receive information containing: confirmation of the fact, purpose, sources, methods of collecting and processing personal data; list of personal data; terms for processing personal data, including periods for their storage;

3.1.7. Demand from the Site Owner changes and additions to their personal data if there are grounds confirmed by relevant documents;

3.1.8. Demand from the Site Owner, as well as a third party, to block their personal data in the event that there is information about a violation of the conditions for the collection, processing of personal data;

3.1.9. Demand from the Site Owner, as well as a third party, the destruction of their personal data, the collection and processing of which was carried out in violation of the legislation of the Republic of Kazakhstan, as well as in other cases established by the legislation of the Republic of Kazakhstan;

3.1.10. Withdraw consent to the collection, processing of personal data and demand their destruction, which automatically leads to the deletion of the User Account and the termination of this Agreement;

3.1.11. To exercise other rights not prohibited by the legislation of the Republic of Kazakhstan.

 

3.2. User is obliged to: 

3.2.1. To register, provide reliable information about yourself according to the registration form. Any doubts of the Site Owner about the inaccuracy of the information provided by the User entail a refusal to register, temporary blocking and / or deletion of the User Account;

3.2.2. Keep secret the unique login and password used to access the Account. Login and password are confidential information and are not subject to disclosure, with the exception of cases provided for by applicable law and/or the Agreement. Any risks associated with the loss by the User of the password and login of his own Account, the User bears on his own.

3.2.3. Periodically familiarize yourself with the contents of this Agreement on the Site in order to familiarize yourself with the changes made in accordance with clause 3.3.1. Agreement

3.2.4. Do not violate the intellectual property rights of the Site Owner and/or other third parties to the Content, and/or any of its elements, in particular, the User has no right to copy, broadcast, send, publish, and otherwise distribute and reproduce materials posted by the Site Owner for commercial purposes (text, graphic, audio/video, etc.) without the written consent of the Site Owner, with the exception of cases expressly permitted on the Site (for example, the "share" function through social networks);

3.2.5. Independently take appropriate measures to ensure the security of the login and password used to access the Account and prevent unauthorized access to it by third parties (in particular, to ensure that the password is not saved in the browser, including when using cookies technology, when possible use of the user's computer device by third parties);

3.2.6. Notify the Site Owner of all cases of actions on the Website regarding the User that may be regarded as offensive, degrading, defamatory, etc .;

3.2.7. When using Content on the Site, including during correspondence, strictly adhere to ethical and moral standards adopted by the company, the requirements of the legislation of the Republic of Kazakhstan, which apply to the conditions and rules for posting public information using the media, and strictly comply with the requirements section "Special Conditions" of this Agreement;

3.2.8. Comply with other requirements and fulfill other obligations stipulated by the Agreement and/or posted on the pages of the Site.

 

3.3. The Site Owner has the right to: 

3.3.1. At its discretion, at any time, modify, edit, add, supplement, delete or delete any provisions (in whole or in part) in this Agreement. In this case, the new version of the Agreement shall enter into force from the moment of its publication on the Site, unless otherwise provided by the new version of the Agreement.

3.3.2. Without explaining the reasons, block and/or delete the User Account, prohibit access using the account to the pages of the Site, including in case the User violates the terms of this Agreement and/or the Privacy Policy posted on the Site.

3.3.3. Send informational messages to Users. By registering in any way possible, the User agrees to receive informational messages to the email address and/or mobile phone number indicated in the Account.

3.3.4. At any time, change the design and user interface of the Site, its content, the contents of the provided functions, change or supplement the scripts, software, Content and other objects used or stored on the Site and any Applications without notice to the User;

3.3.5. At its sole discretion, delete without any reason and without warning any Content, including Content and/or information that violates and/or may violate the legislation of the Republic of Kazakhstan, the provisions of this Agreement, the rights of other Users, other third parties and the state;

3.3.6. At its sole discretion, delete any information (including User messages, statuses, other information and other materials), including that posted by the User on the Site in violation of the laws of the Republic of Kazakhstan or the provisions of this Agreement.

3.3.7. At its sole discretion, disable the technical ability to correspond with certain materials posted on the Site.

3.3.8. To take any measures not prohibited by the legislation of the Republic of Kazakhstan to protect their own intellectual rights in relation to the Site, as well as its Content.

 

3.5. The Site Owner is obliged to:

3.5.1. Under the conditions set forth in the Agreement, provide the User with the technical ability to use the Content.

3.5.2. Notify the User by posting information on the Site about changes to the terms of the Agreement;

3.5.3. Ensure the safety and protection of the User’s personal data during the term of this Agreement and not to transfer it to third parties, with the exception of cases expressly specified in this Agreement and in the legislation of the Republic of Kazakhstan;

3.5.4. When the User submits in his Account a notice of termination of this Agreement and the termination of the Account, within 5 (five) calendar days from the date of registration of such a requirement, block the technical ability to use the Account by the User, and after the expiration of the storage period of the User information established by paragraph 5.1 Art. 36 of the Law of the Republic of Kazakhstan "On Informatization" and subject to the absence of an official request from state bodies performing their functions or requests from other persons specified in paragraphs 1 p. 2 of article 19 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection" - delete all of his personal data.

 

4. Special Terms of the Agreement

4.1. The User acknowledges, warrants and agrees that:

4.1.1. Use of the Site by the User after the Site Owner makes any changes to the text of this Agreement means the User agrees to the changes;

4.1.2.  All his posts on the Site reflect solely his opinion on a particular situation/topic. The opinion of the Site Owner may not coincide with the opinion of the User. Any and all risks of any possible damage to the User due to the incorrect, illegal content of his comments and messages are borne solely by the User. The Site Owner does not assume any obligations and is not responsible for the content of any information set forth by the User;

4.1.3. Realizes that it is a process of collecting, processing and storing his personal data solely for the purpose of implementing the conditions of this Agreement and undertakes not to make any claims to the Site Owner about this;

4.1.4. Is an adult natural person, not deprived or not limited by a court of legal capacity or a legal entity, formed and acting properly;

4.1.5. Will not transfer the login and password to the Account to other third parties;

4.1.6. It will not carry out fraudulent actions, including supporting any fraudulent actions, including bypassing and/or hacking of technical means of protection used by the Site Owner;

4.1.7. The Site is a resource for the production and sale of educational content and products for children;

4.1.8. If the User has not reached the age of 18, then he can use the Site only with the permission and under the supervision of parents or official guardians, trustees.

 

4.2. The User is prohibited from:

4.2.1. Carry out propaganda or agitation inciting social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious, linguistic and other superiority;

4.2.2. Post on the Site or transmit through messages, comments restricted information (confidential information) of third parties, if the User does not have sufficient rights by law or an agreement on the disclosure of this information;

4.2.3. Post, reproduce, process, distribute, publish on the Site, make it public, transfer, sell or otherwise use, in whole or in part, the Site Content, other Users or third parties that are the subject of copyright and other exclusive rights, without their prior permissions by the Owner of the site, except for cases established by the Agreement, the current legislation of the Republic of Kazakhstan, as well as cases directly provided for on the Site;

4.2.4. Post on the Site messages, comments, graphic images or other materials (including those that do not correspond to reality), the content of which harms or may damage the honor, dignity and business reputation of individuals and legal entities that equally contain profanity, calls for violence, terrorism, violent overthrow of the existing government, constitutional order, violating or threatening the violation of the rights and freedoms of a citizen, as well as the welfare and integrity of the country;

4.2.5. Post materials of a pornographic nature or hypertext links to Internet sites containing such materials on the Site;

4.2.6. Indicate during the registration procedure of the Account or enter subsequently deliberately false or fictitious information about yourself, in particular, someone else's or fictitious name and surname;

4.2.7. To carry out actions aimed at destabilizing the functioning of the Site and/or elements of the Site, to attempt unauthorized access to the management of the Site and/or elements of the Site or their closed sections (including sections that only the Site Owner is allowed to access), as well as any other similar actions;

4.2.8. Carry out unauthorized access to the accounts of other Users by selecting or entering a password, as well as attempting such access;

4.2.9. Spamming - mass mailing of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and / or to Internet sites containing malicious software) in messages, comments, messages of Users, etc.

4.3. The User gives unconditional consent (a separate consent is not required, except for this consent) to:

4.3.1. the provision by the Site Owner to authorized bodies and third parties whose interests will be affected by the User, information related to his actions on the pages of the Site exclusively in cases stipulated by the current legislation of the Republic of Kazakhstan;

4.3.2. collection, processing of his personal data provided to the Site upon registration, and its dissemination in exceptional cases and only at the request of authorized state bodies that submitted a legitimate request to the Site regarding their performance of their functions.

This consent is given before the expiration of the storage period for the relevant information or documents containing the above information, determined in accordance with the legislation of the Republic of Kazakhstan.

 

5. Protection of Personal Information

5.1. According to the Law of the Republic of Kazakhstan No. 94-V dated 05.21.2013 “On Personal Data and Their Protection”, the User, by registering on the Site in the manner established by the Site Owner, provides the Site Owner with consent without any reservations to the collection, processing, storage and use of the provided personal data, including personal data of third parties, including minor children/children of the User, included in the database of personal data of individuals whose personal data are processed in the course of the Site Owner’s activity and confirms that they are notified of the rights established by the above Law, including the purposes of collecting, processing, using and storing personal data, access to personal data of third parties, the provision by the owner of the personal database of a partial or full right to process personal data by other subjects of relations related to personal data, and about the possibility of the distribution of personal data by the Site Owner, including anonymized personal information.

5.2. The purpose of collecting, processing, storing and disseminating the User’s personal data is to ensure the implementation of relations in the field of meeting the needs of the User in the services and information of the Site. The processing of personal data is also carried out in order to provide access to information and materials posted on the Site, as well as for statistical purposes, provided that the Site Owner complies with the obligation of its preliminary anonymization.

5.3. Categories of personal data collected, stored, processed and disseminated:

-       User’s last name, first name, patronymic;

-       personal identification number/business identification number;

-       User’s contact number;

-       User’s email address (e-mail);

-       User's place of residence;

-       other data voluntarily provided by the User.

5.4. Personal data is stored for the entire duration of this Agreement, the life of the Site and the availability of valid/active registration of the User on the Site.

5.5. The Site Owner takes all necessary legal, organizational, technical measures to protect the User’s personal data from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions with users’s personal data. Under organizational and technical measures are understood:

-       access to the organization, processing and protection of personal data only of authorized persons;

-       limiting the composition of responsible employees of the Site Owner who have access to personal data;

-       informing the employees of the Site Owner about the requirements of the legislation of the Republic of Kazakhstan and the regulatory documents of the Site Owner on the processing and protection of personal data;

-       provision of accounting and storage of material carriers of personal data and their circulation, excluding theft, substitution, unauthorized copying and destruction;

-       identification of risks and threats to the security of personal data during their processing;

-       backup of personal data;

-       depersonalization of personal data for the purpose of conducting sociological, statistical and scientific research by the Site Owner, while the mechanism of depersonalization of such data is determined by the Site Owner independently;

-       other protective measures.

5.6. The Site User, having confirmed his agreement with this Agreement when filling out the registration form, thereby expresses his consent and grants permission to collect, process, store and transfer his personal data and data of third parties that he is authorized to represent in the manner determined by the Legislation of the Republic of Kazakhstan and this Agreement.

 

6. Intellectual property

6.1.  In accordance with this Agreement, Bilimland.kz and its Content are owned by Bilim Media Group LLP, with the exception of some content of partners posted on the website with the consent of the copyright holders. The Site and its Content are the subject of copyright of Bilim Media Group LLP, a trademark and the subject of its intellectual property rights in accordance with the legislation of the Republic of Kazakhstan, as well as international conventions.

6.2.  Вся продукция, бренд, название компаний и логотипы, используемые на Сайте, являются торговыми марками или зарегистрированными торговыми знаками. Любое использование продукций, брендов, названий компаний и логотипов, используемых на Сайте без письменного согласия от ТОО «Bilim Media Group» строго запрещено. Кроме того, внешний вид сайта ТОО «Bilim Media Group», в том числе все заголовки страниц, иконки и скрипты, являются фирменным знаком, торговой маркой и не подлежат копированию, имитации и использованию, частично или полностью, без предварительного письменного разрешения ТОО «Bilim Media Group».

All products, brand, company names and logos used on the Site are trademarks or registered trademarks. Any use of products, brands, company names and logos used on the Site without the written consent of Bilim Media Group LLP is strictly prohibited. In addition, the appearance of the website of Bilim Media Group LLP, including all page titles, icons and scripts, are a trademark, trademark and may not be copied, imitated or used, partially or completely, without prior written permission of Bilim Media Group LLP.

 

7. Responsibility of the Parties

7.1. The User is solely responsible to third parties for his actions related to the use of the Account, posting comments/messages on the Site, including if such actions lead to a violation of the rights and legitimate interests of third parties or the User, as well as the legislation of the Republic of Kazakhstan.

7.2. The User is obliged to take appropriate measures to ensure the safety of his Account, and is responsible for all actions committed on the Site.

7.3. The Site Owner is not responsible to the User or any third parties for any direct and/or indirect losses, including lost profits or lost data, harm to honor, dignity or business reputation, incurred in connection with the use of the Account, or the inability to use it, or unauthorized access to the communications of the User or in his account.

7.4. The Site Owner does not participate in the formation of the contents of the User Account and the loading of Content by him, does not control and is not responsible for his actions or inaction.

7.5. The Site Owner reserves the right to pre- or post-moderation of comments/messages posted by users based on the results of which may decide to delete them.

7.6. The Site Owner is not obligated to provide the User with any evidence, documents or other evidence of a violation by the User of the terms of the Agreement, as a result of which the User was refused access to the Site or its individual functions, or such access was terminated and/or blocked.

7.7. The Site Owner is not responsible to the user for technical problems in the operation of the site due to the inability to leave comments on it.

 

8. Dispute Settlement

8.1. Disputes and disagreements that may arise during the implementation of this Privacy Policy are resolved through negotiations between the parties.

8.2. If it is impossible to resolve disputes through negotiations, all disputes, disagreements or claims arising from or in connection with this Privacy Policy, including those related to its violation, termination or invalidity, are subject to final settlement in the Specialized Inter-district Economic Court of Nur-Sultan (by agreement of the Parties, other courts that are authorized to consider disputes between business entities, etc., can be chosen as the place of proceedings.)

 

9. Duration of the Agreement

9.1. This Agreement shall enter into force from the moment the User expresses consent to its terms (acceptance) by accepting the terms of the Agreement in the dialog box on the Site and an indefinite period is valid.

9.2. The Site Owner has the right at any time without notifying the User and without giving any reason to terminate the Agreement unilaterally out of court with immediate termination of access and the ability to use the Account and without reimbursing any costs, losses in the event of any, including one-time, violation by the User of the terms of the Agreement and/or the requirements of the current legislation of the Republic of Kazakhstan, unless otherwise provided by another contract of a civil law nature concluded between the Site Owner and the User.

9.3. The Site Owner has the right at any time without notifying the User and without giving any reason to suspend access and the ability to use the Site Content without reimbursing any costs, losses or return received under the Agreement in the event of a single or systematic violation by the User of the terms of the Agreement and/or the requirements of the current legislation of the Republic Kazakhstan, unless otherwise provided by another contract of a civil law nature concluded between the Site Owner and the User. The terms for renewal of access are determined by the Site Owner independently.

 

10. Final Provisions

10.1. This Agreement is a civil contract between the User and the Site Owner regarding the procedure for using the Site Content and supersedes all previous agreements between the User and the Site Owner, if any.

10.2. This Agreement is governed by and construed in accordance with the laws of the Republic of Kazakhstan. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan. All possible disputes arising from relations regulated by this Agreement are resolved in the manner established by the current legislation of the Republic of Kazakhstan, according to the substantive law of Kazakhstan. Throughout the text of this Agreement, unless expressly stated otherwise, the term “legislation” means the legislation of the Republic of Kazakhstan.

10.3. If, for one reason or another, one or more of the provisions of this Agreement is declared invalid or not having legal force, this does not affect the validity or applicability of the remaining provisions of the Agreement.

10.4. Inaction on the part of the Site Owner, in case of violation by the User or other users of the provisions of the Agreements, does not deprive the Site Owner of the right to take appropriate action to protect his interests later, and also does not mean the Site Owner renounces his rights in the event of subsequent similar or similar violations.