User Agreement on the use of the «myQG» mobile application

 

This User Agreement on the use of the «myQG» mobile application (hereinafter referred to as the Agreement) regulates the relationship between the user of the «myQG» mobile application (hereinafter referred to as the User) and JSC NC «QazaqGaz», which developed and provides the «myQG» mobile application (hereinafter referred to as the Application). Using the Application means that the User agrees to the terms of this Agreement.

 

1. Terms and definitions

• Authorization - the procedure for confirming the User's access rights, including entering a username and password, may also include additional security measures, such as two-factor authentication, to increase the protection of the User's account.

• The application is a mobile application "myQG" designed for employees of the group of companies of JSC NC «QazaqGaz» and provides information about discounts, news, announcements, as well as business cards of employees. The application works on Android and iOS mobile operating systems. The app is available for download through the Google Play Market and App Store app stores.

• Personal data - information related to a specific or identifiable personal data subject, recorded on electronic, paper and (or) other tangible media, including, but not limited to, full name, email address, phone number and data on the use of the Application.

• The User is an employee of the group of companies of JSC NC «QazaqGaz», who joined the Agreement and installed the Application on the Device.

• The company is JSC NC «QazaqGaz»2, which owns the rights to the Application and provides it to Users.

• Device - a mobile technical device (smartphone, tablet or other device with Android or iOS operating system) that has access to the Internet.

2. General provisions

The Agreement is a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The current version of the Agreement is published on the Company's website (https://qazaqgaz.kz/) and is available to any User.

The User's use of the Application is an acceptance of the public offer and means that the User:

1) read the terms of this Agreement in full before using the Application;

2) accepts all the terms of this Agreement in full without any exceptions and restrictions, joins the Agreement and undertakes to comply with it;

3) gives his consent to the collection, processing, storage and use of personal data in accordance with the legislation of the Republic of Kazakhstan.

If the User does not agree with the provisions of the Agreement, the use of the Application must be immediately terminated.

By agreeing to the provisions of the Agreement, the User confirms his legal capacity and legal capacity, accuracy, reliability and completeness of the data entered by him during registration and assumes full responsibility for the adverse consequences caused by the provision of false or incomplete information.

The Agreement comes into force upon authorization by the User of the Application and is valid for an indefinite period.

To install the Application, the User must download the Application through the Google Play Market or App Store and create an account in accordance with the instructions provided by the Company. The user is responsible for the accuracy and completeness of the data entered when creating an account.

3. Terms of use of the Application

The copyright holder of the Application is the Company.

The application is provided on an "as is" basis. The Company does not provide any guarantees regarding the compliance of the Application with the specific goals and expectations of the User.

The conclusion of the Agreement does not mean the transfer of any rights to the User, except for those explicitly listed in the Agreement or owned by the User in accordance with the legislation of the Republic of Kazakhstan.

The User has the right to use the Application in the following ways and within the following limits:

1) installing the Application in the memory of a mobile device;

2) Launching and using the App on a mobile device;

3) registration in the Application with the provision of reliable information about yourself;

4) the use of the Application exclusively by employees of the group of companies of JSC NC «QazaqGaz».

All of the above actions for using the Application must be performed by the User independently.

Other ways of using the Application that are not specified in this Agreement are prohibited. In particular, the User does not have the right to:

1) sell, assign, lease, distribute, transfer or otherwise grant the rights to use the Application to third parties;

2) to modify, improve, translate into other languages, decompile, disassemble, decode, emulate, violate the integrity, restore the source code of the Application or any of its parts;

3) use the Application as part of commercial products, to offer commercial products or services to third parties or for other commercial purposes;

4) use the Application to violate the rights of third parties, as well as for purposes contrary to the current legislation of the Republic of Kazakhstan.

The User is hereby notified and agrees to the following:

1) The security and confidentiality of the data processed on the Device is provided directly by the User. The User understands and accepts the risks associated with the transfer of personal data and other confidential information using the Internet. Unless proven otherwise by the User, any actions performed using his mobile device are considered to have been committed by the corresponding User;

2) Since the Application is at the stage of constant addition and updating of new functionality, the form and nature of such products may change from time to time without prior notice to the User;

3) The Company has the right, at its sole discretion, as well as in case of violation of this Agreement, to set limits and restrictions on the use of the Application or any of its individual parts for all Users or an individual User, as well as to terminate (temporarily or permanently) the operation of the Application without prior notice to the User;

4) the use of the Application and data transfer are possible only if you have access to the Internet;

5) The Company uses partner services to provide the necessary Application functionality based on contracts concluded with the Company's partners.

The User provides his informed and voluntary consent to receive stimulating advertising, marketing and other information aimed at promoting the services of the Company and its partners through the Application.

By accepting the terms of this Agreement, the User agrees and grants the Company the right to post information about the operation of the Application, informational, advertising or other messages in the Application.

4. Rights and obligations of the User

The user has the right to:

1) to ensure confidentiality and protection of processed personal data in accordance with the legislation of the Republic of Kazakhstan;

2) to receive up-to-date information about discounts, news, announcements from the Company and Partners.

The User undertakes to:

1) ensure the confidentiality of your credentials and do not transfer them to third parties;

2) immediately notify the Company of any unauthorized use of his account or any other security breaches;

3) comply with all applicable laws of the Republic of Kazakhstan regarding the use of the Application, including, but not limited to, legislation on the protection of copyrights and related rights.

5. Personal data

The User consents to the collection and processing of his personal data in accordance with the legislation of the Republic of Kazakhstan for purposes related to the operation of the Application, including, but not limited to, authentication, provision of services and customer support. The Company undertakes to ensure the protection and confidentiality of personal data in accordance with applicable laws and internal regulations.

Information from the User, subject to confidentiality and non-disclosure in accordance with this Agreement, includes: The User's full name, email address, phone number, as well as information about the mobile device from which access is made in order to improve (support the platform during development) the Application.

The User's consent to the processing of personal data grants the Company the right to perform the following actions with the User's personal data: collection, systematization with/without the use of automated data processing tools, accumulation, storage, modification, use and dissemination in cases and to the extent provided for by the legislation of the Republic of Kazakhstan and internal regulatory documents, depersonalization, blocking, destruction of personal data data.

The User agrees that his/her personal data received by the Company may be transferred to third parties on a confidential basis if this is necessary for the execution of the Agreement.

The Company undertakes to collect and process the User's personal data, as well as to ensure the confidentiality and protection of the processed personal data in accordance with the legislation of the Republic of Kazakhstan, internal regulatory documents and the Agreement. When processing personal data, the Company takes the necessary legal, organizational and technical measures to protect personal data received from the User from unauthorized or accidental access to them (unauthorized access), destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data received from the User.

The following information does not apply to information subject to protection and non-disclosure in accordance with this Agreement:

1) information contained in communications and reports officially published by any of the Parties and its affiliates in accordance with the current legislation of the Republic of Kazakhstan;

2) information contained in official reports, communications, press releases, as well as advertising messages of the Parties and their affiliates;

3) other information that cannot be confidential information in accordance with the current legislation of the Republic of Kazakhstan.

The User's consent to the collection and processing of personal data is valid for the entire period of use of the Application.

The User has the right to revoke this consent by notifying the Company in writing.

The withdrawal of the User's consent to the collection and processing of personal data entails the termination of the Agreement.

6. Responsibility of the Parties

For non-fulfillment or improper fulfillment of obligations stipulated by the Agreement, the Parties are responsible in accordance with the legislation of the Republic of Kazakhstan and the Agreement.

In case of violation of the terms of the Agreement by the User, the Company has the right to restrict or block the User's access to the Application at any time without notifying the User.

In case of violation by the User of the obligations specified in Section 4 of the Agreement, the User undertakes to reimburse the Company for documented damage caused by such actions.

The company is not responsible:

1) for the performance of the User's mobile device;

2) for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for the actions (inaction) of third parties, including for the actions or inaction of the User;

3) for possible damage or losses caused by the use of the Application;

4) for the transfer of information by the User to third parties using the Application, as well as if information from the Application has become available to third parties due to their unauthorized access to the User's mobile device or the actions of viral or malicious software on the mobile device;

5) for the inability to use the Application due to circumstances beyond the Company's control.

The User is solely responsible for any content or other information that he posts, transmits and/or uses in the Application or with its help.

7. Amendments and additions to the Agreement

The Company reserves the right to make changes and/or additions to this Agreement unilaterally. All changes and/or additions take effect immediately after their publication in the Application or on the official website of the Company. Continued use of the Application after making changes and/or additions means the unconditional acceptance by the User of such changes and/or additions.

8. Other provisions

In case of termination of the Agreement for any reason, the User is obliged to delete the Application from his mobile device.

Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan.

9. Company Information

JSC NC "QazaqGaz", BIN 000340002165, legal address: 010000, Republic of Kazakhstan, Astana, Yesil district, Alikhan Bokeikhan street, 12.

10. Contact information

For all questions related to the use of the Application, Users can contact the following contacts:

• Email: [email protected]

• Phone: +7 (701) 898-62-61