Public Agreement (Offer)
City of Karaganda, 2024

LLP
"Krg
Cinema", BIN 240340004428, Kazakhstan, 100026 Karaganda Region,
City of Karaganda, Builders Avenue 6, hereinafter referred to as "Supplier", offers any individual or legal entity, hereinafter referred to as "Buyer", paid services on the Internet (hereinafter - Services).

This offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan is a public offer (hereinafter - Agreement), the full and unconditional acceptance (acceptance) of the terms of which in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan is considered the performance by the Buyer of conclusive actions - pressing the button "I agree with the terms of the agreement", located on the Supplier's Website.

1. TERMS AND DEFINITIONS

  • System – Automated ticket sales system, including a specialized hardware and software complex designed to work with the information resources of the System, carry out the sale of Tickets for Events, as well as form databases of sold Tickets, including consisting of the web portal krgcinema.kz, embedded widgets on partner web portals, and the ticket sales automation system installed in automated cash registers.
  • Website - Supplier's web portal krgcinema.kz
  • Automated Cash Registers – automated cash registers of the Supplier, the Supplier's counterparties, connected to the System.
  • Event - entertainment event, including: theatrical performance, movie screening in a cinema, circus performance, concert in a hall, club, open area, sports competition, any other event.
  • Entertainment Institution (Establishment) – legal entity or individual entrepreneur conducting the Event, which has granted authority for the design and sale of Tickets for its Events using the System.
  • Ticket – strict accountability document sold to the Buyer using the System, certifying the conclusion of an agreement between the Entertainment Institution and the Buyer, granting the Client the right to attend the Event.
  • Ticket Buyer (Buyer) - individual in whose name the order is made.
  • Ticket Holder - individual presenting the Ticket for the Event.
  • Ticket Code – unique digital code sent to the Buyer upon purchasing the Ticket, which must be provided to the Entertainment Institution for admission to the Event.
  • Service Fee – funds for service fees charged by the Supplier of the System from the Buyer when purchasing a Ticket using the System. For each Ticket, the amount of the service fee is determined by the Supplier individually. When forming the order and until the moment of payment by the Buyer, the amount of the Service Fee is reflected on the order page.
  • Organizer - legal or natural person organizing Events and transferring tickets for the corresponding Events to the Supplier for distribution.

2. SUBJECT OF THE AGREEMENT

2.1 The Supplier provides the Buyer with the opportunity to purchase Tickets for Events via the Internet.

3. RIGHTS AND OBLIGATIONS OF THE SUPPLIER

  • 3.1. Tickets are subject to exchange and return only in cases of cancellation or rescheduling of the film screening. In all other cases, returns and exchanges are not made.
  • 3.2. Return of a Ticket purchased by the Client for concerts and other Entertainment, Sports, Touring events. Upon the Buyer's request for a return of a previously purchased Ticket, the Supplier has the right to refuse the Buyer if less than 2 (two) calendar days remain before the start of the Event.
  • 3.3. The retained Service Fee upon return of a Ticket purchased for any category of events is 5% of the nominal value of the Ticket or 250 tenge, if the retention amount is less than 250 tenge.
  • 3.4. Upon return of a Ticket purchased for any category of events to the Client's bank card, the refund is made within 3 (three) working days. If a service fee applies to the concert event, the amount of the service fee will be withheld upon return of the Ticket.
  • 3.5. In case of return of an electronic Ticket by the Buyer, the Seller has the right to offer to keep the amount paid by the Buyer in the System for use when purchasing tickets for subsequent Events. In this case, the amount of the service fee is not withheld by the Supplier. The refund is made on the day of the Client's request.
  • 3.6. In case of return at the official cash desks of "Sary Arka cinema" in cash form, similar rules for withholding the service fee apply.
  • 3.7. In case of return at the official cash desks of "Sary Arka cinema" in non-cash form, similar rules for withholding the service fee apply.
  • 3.8. In case of return of an electronic Ticket by the Buyer, the Supplier has the right to offer to keep the amount paid by the Buyer in the System for use when purchasing tickets for subsequent Events.
  • 3.9. The Supplier has the right to send informational and advertising emails and SMS messages to the Buyer's email address and mobile phone. At the same time, the Supplier undertakes not to disclose the address and other information about the User to third parties.
  • 3.10. The Supplier has the right at its discretion to set a limit on the number of tickets available for purchase by the Buyer for the specified contact details (email address and phone number) for the Event. The exact level of the limit is indicated by the Supplier directly on the page of the specific Event on the Supplier's website. The User has the right to purchase a number of tickets exceeding the established limit with prior written agreement with the Supplier. In this case, the Supplier has the right to refuse the User to purchase a number of tickets exceeding the established limit without explanation.
  • 3.11. The Supplier has the right to unilaterally change the terms of this Agreement at any time, ensuring the publication of the amended terms on the Website.

4. RIGHTS AND OBLIGATIONS OF THE BUYER

  • 4.1. The Buyer is solely responsible for the safekeeping of their Ticket Code.
  • 4.1.1. When purchasing a ticket, the Buyer must print the electronic ticket.
  • 4.2. When visiting cinemas operating using the ASHYQ system (more details), the Buyer and all Ticket Holders of the Buyer may be admitted only after scanning through the ASHYQ system and receiving a "Green" or "Blue" light status. In case of receiving a "Red" or "Yellow" light status, admission to the Establishment may be denied even with a valid Ticket with the possibility of its return.
  • 4.2.1. In case the Buyer or Ticket Holder is denied admission to the Establishment, according to the rules of the ASHYQ system, the Buyer has the right to request a refund after the deadlines specified in clause 3.6 of this Offer, but no later than 1 hour after the start of the corresponding event. Refunds are made only with the presence of a confirming photo with the results of the check in the ASHYQ system.
  • 4.3. The Buyer has the right to return the electronic Ticket if the exchange for a paper ticket has not yet been made, within the timeframes according to the subclauses of clause 3 of this Agreement.
  • 4.3.1. When purchasing a ticket, the Buyer must print the electronic ticket.
  • 4.4. When purchasing Tickets at "Child" or "Student" rates, the Buyer must have supporting documents from the relevant institutions (certificate from school or student ID) at the time of presenting the electronic Ticket at the Entertainment Institution. In the absence of the relevant documents, the Supplier has the right to cancel the Tickets purchased by the Buyer with a refund of the corresponding amounts to the Buyer minus the Service Fee, or offer the Buyer to use the amount for payment of subsequent purchases in the System. The ticket return process is described in clause 3.3 of this agreement.
  • 4.4.1. Law "On the Rights of the Child in the Republic of Kazakhstan":
    Article 36. Protection of the child from the negative impact of the social environment.
    Paragraph 4. It is prohibited for a child to be present, as well as to allow them without the accompaniment of legal representatives in entertainment establishments at night (from 10 PM to 6 AM).
    Paragraph 5. It is prohibited for a child to be outside without the accompaniment of legal representatives from 11 PM to 6 AM. The legislation of the Republic of Kazakhstan prohibits "the presence of a child, as well as allowing them without the accompaniment of legal representatives in entertainment establishments at night (from 10 PM to 6 AM)."
    In accordance with this Law, the Supplier does not sell tickets at "Child" rates for events and film screenings that end later than 10 PM, as well as for events and films that have age restrictions.
    In case the client purchases tickets at the "Adult" rate for these categories of events intended for children, the Organizer of the event has the right to deny the child admission to the screening. In this case, the Supplier does not cancel the Tickets purchased by the Buyer. Refunds for these Tickets are also not made.
  • 4.5. Visiting evening screenings in cinemas with children. The legislation of the Republic of Kazakhstan prohibits "the presence of a child, as well as allowing them without the accompaniment of legal representatives in entertainment establishments at night (from 10 PM to 6 AM)." When attending evening screenings with children or films that have age restrictions, the cinema administration may require the presentation of a birth certificate and deny admission to the screening in the absence of documents. We do not sell children's tickets for screenings that end after 10 PM. We also do not sell children's tickets for films that have age restrictions.
    The ticket return process is described in clause 3.3 of this agreement.

5. FORCE MAJEURE

5.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement during the period of force majeure. Force majeure means extraordinary and insurmountable circumstances that prevent the PARTIES from fulfilling their obligations under this Agreement. These include natural disasters; the impact of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination with nuclear weapons materials, production and research work or radioactive waste; wars, military invasions, hostile actions of foreign enemies, military actions, military maneuvers and related military activities; civil wars, armed uprisings, popular unrest of all kinds, mass riots, violent seizure or violent retention of power; epidemics, epizootics, meteorological conditions, terrorist acts, strikes, seizures, confiscations, requisitions, nationalizations, etc. The party for which the above circumstances have occurred must notify the other party of their occurrence as soon as possible. Publicly known events do not require any confirmation, while for other events, the submission of relevant confirming documents is necessary, which may include, but are not limited to, documents issued by competent state authorities.

6. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES

  • 6.1. All disagreements or disputes that may arise will, if possible, be resolved by the parties through negotiations.
  • 6.2. If agreement cannot be reached for any reason during pre-trial settlement, the dispute arising from this Agreement shall be considered in the Arbitration Court of the city of Karaganda (if the Buyer is a legal entity or individual entrepreneur), or in the court of general jurisdiction at the location of the Supplier (if the Buyer is an individual).
  • 6.3. To resolve technical issues in determining the fault of the Buyer as a result of their unlawful actions when using the System, the Supplier has the right to independently involve competent organizations as experts. In case of establishing the fault of the Buyer, the latter is obliged to reimburse the costs of conducting the expertise.