BEFORE USING THE PROGRAM (A CERTAIN PROGRAM FUNCTION), PLEASE READ CAREFULLY THE TEXT OF THIS USER AGREEMENT. BY ACKNOWLEDGING IT, YOU AGREE THAT YOU FULLY UNDERSTAND THE CONTENT OF THIS USER AGREEMENT.
This User Agreement is intended for individuals, who are residents of the Republic of Kazakhstan, to enjoy the Synergy Loyalty Program in the Esentai Mall Shopping Centre (hereinafter the “Agreement”).
This Agreement is a user agreement between an individual acting on his/her own behalf and in his/her own interests (hereinafter the “User”) and CP Retail Almaty Company LLP (hereinafter the “Company”), and governs the User's use of the Mobile Application known as “Esentai”, (hereinafter the “Mobile Application”). By installing the Mobile Application into the User's Mobile Device, downloading the Content, making any click through hyperlinks posted on the Website and/or in the Mobile Application, Registering on the Website and/or in the Mobile Application, or using the Mobile Application howsoever, the User agrees to all terms of this Agreement. Nothing contained herein shall constitute any agency, joint venture, personal employment relationship between the User and the Company or any other relations not expressly provided for in this Agreement.
“Bonus”/“Bonuses” | Means the User’s right to obtain from the Company a material benefit expressed in conventional accounting units and accrued for purchase of any Product(s) at the Partner’s Outlet(s) in accordance with this Agreement. Bonuses shall be used for accounting purposes only, in accordance with this Agreement, and shall not and may not be a payment method or any type of currency or security, and may not be transferred to a third party or converted into cash, and may not be inherited. |
“Registered Phone Number” | Means the number of a mobile device or phone specified during Registration by the User and linked to the User's Personal Area. |
“Use of Mobile Application” | Means performing any activity on a mobile device required for the functioning of the Mobile Application in accordance with its purpose, including the presentation of the Code by the User to the Partner at the Outlet. |
“Company” | CP Retail Almaty Company LLP BIN 041140006923. |
“Content” | Means the textual and visual content of the Mobile Application and/or Website, including links and click-through. |
“Coupon” | Means the Preferences for Users in cafes or restaurants located within the Shopping Centre. |
“Personal Area” | Means a section of the Website and/or Mobile Application, the access to which is only provided to the User if the User is registered in the Mobile Application by entering Registration Data. |
“Mobile Application” | Means the software developed by the Company for operation of smartphones, pads and other mobile devices, which operates as information and reference application, as well as for placement of the Program’s promotional and information materials by the Company. The User shall install it on his/her mobile devices on his/her own. |
“Partner” | Means any legal entity or individual entrepreneur that has concluded Lease Agreement and Program Partnership Agreement with the Company. The exhaustive and up-to-date list of the Partners of the Program shall be posted on the Website and/or in the Mobile Application by the Company. |
“Parking Lot” | Means the Service provided by the Company to Users regarding the car parking in the underground parking lot of the Shopping Centre. |
“Synergy Loyalty Program” or “Synergy” or “Program” | Means the customer loyalty program in the form of the Mobile Application and/or Website, which unites the Partners and which offers to Users the Products for purchase and/or leisure activities. |
“Software” | Means a set of data and commands, presented in an objective form, intended for the operation of the Mobile Application and/or the Website in order to obtain a certain result, including generated audio-visual display images. All rights to the Software |
(and elements embedded therein) are fully reserved by the Company. None of the provisions of the Agreement may be construed as the transfer of the exclusive rights to the software to the User. | |
“User” | Means the resident individual of the Republic of Kazakhstan, who has the mobile phone number valid and registered in his/her name, and who has a Registration in the Mobile Application. |
“Level Effective Period” | Means twelve (12) months from the date of initial registration of the User, or from the moment of transition of the User to a new Level. (Unless otherwise stated by the Agreement). |
“Preference” or “Preferences” | Means additional discounts, bonuses, gifts and other forms of preferences granted at the discretion of the Partner and/or the Company. A list of Preferences is published by the Company in the Mobile Application and/or on the Site. |
“Bonus Spending” | Means deduction of Bonuses from the User's Accounts for Products purchased in the Partners' Outlets, and the provision by the User to the Partner of information about such charge-off for obtaining Preferences and cancelling Bonuses. |
“Registration” | Means the proper registration of the User in the Program in order to provide personalized information within the Mobile Application and/or Website. The Registration is mandatorily preconditioned by entering the User's Registration Data into an appropriate field of the Website and/or Mobile Application. |
“Registration Data” | Means the personal data of the User (full name, IIN, gender, date of birth, email address, mobile phone number) and the Password specified by the User during the Registration process and stored in the Program database. |
“Agreement” | Means this agreement between the User and the Company, which governs the legal relationship of the Parties in connection with the use of the Program and/or the Mobile Application and/or the Website. |
“Website” | Means Esentai.com, being the Internet resource, which represents a whole of information and intellectual property items (including computer software, database, interface graphic design (design), etc.) contained in the information system accessible from various consumer devices connected to Internet with the use of a special web browsing software (browser) at www.esentai.com (including domains of the next levels, which relate to this address) or Mobile Applications. |
“User Account” | Means a set of accounting and informational data about the current balance of the User's Bonuses, a number of accrued, deducted and cancelled valid Bonuses, a number of visits by the User to the Partner's Outlets, granted Preferences, and information about Products purchased by the User. |
“Bonus Validity Term” | Means the Bonus validity term limited to a certain period of time. |
“Service” | Means all services provided by the Company to the Users of the Program. |
“Product” or “Products” | Means any goods, works and services sold by the Partner to the Program Users in the Partners’ Outlets in the Shopping Centre. |
“Outlet” or “Outlets” | Means the place of sale (shop premise(s)/rentable area, etc.) of the Partner’s Products located in the Shopping Centre. |
“Shopping Centre” | Means a building of the shopping centre known as “Esentai Mall”, which is located on the land plot at 77/8 Al-Farabi avenue, 050040, Bostandyk District, Almaty, Republic of Kazakhstan. |
“Code” | Means QR code in the form of individual two-dimensional barcode intended for identification of the User and/or the Product and enabling the User to accumulate/spend Bonuses upon the purchase of Products in the Partner’s Outlet. |
“User's Level” | Means a rank as the qualitative unit measuring the degree of support to a User by the Company. |
“Push Notification” | Means messages that appear on the screen of the User's mobile device over the windows of running programs. |
“SMS Code” | Means a six-digit digital code generated by the Program and sent to the Registered Phone Number of the User, which is required to confirm the purchase of Products against Bonuses. Such code shall be given to a checkout clerk when making a purchase. |
“Valet Parking” | Means the Service provided by the Company to Users in the Parking Lot regarding the parking of Users’ cars by the Company’s employees. When leaving the Shopping Centre, a User is promptly provided with his/her car by the Company's employees at a specified place. |
The Agreement defines the terms of use of the Software, Mobile Application and Company Website by the User.
The Agreement governs the procedure for the provision of the Service by the Company to the User on the use of the Mobile Application and/or Website, and participation in the Program. In addition to the Agreement, the relationship between the User and the Company may be governed by other specific documents governing the provision of the Service and/or a separate Service and posted in the relevant sections of the Website and/or Mobile Application.
Each Party warrants the other Party that it/he/she has the necessary legal competence and capacity, and all powers and authorities that are necessary and appropriate to execute and perform this Agreement in accordance with its terms. The current version of the Agreement is always posted in the Mobile Application and is necessarily offered for review to the User before he/she accepts the terms of this Agreement.
The Company shall grant to the User the non-exclusive non-transferable right to install and/or use the Mobile Application, or any other Company's Software and/or Content on a computer and/or mobile device.
The User may use the Content, Mobile Application, Website, Company's Software only for personal non-commercial advantage according to the intended purpose thereof under this Agreement.
The User shall not disclose, modify, translate, reproduce, resell, decompile, disassemble, decrypt or make other actions with the object code of the Mobile Application and/or the Company's Software with the aim to get information about the implementation of algorithms used in the Mobile Application and/or Software, create derivative works using the Mobile Application and/or Software, or utilize, or cause the utilization of, the Mobile
Application and/or the Company's Software or any of their components, without the written consent of the Company.
If the Company provides the User with the Software and/or other Content, the use thereof shall be governed by the Agreement, except when separately agreed otherwise at the time of installation. In the event that separate special terms for the use of the Software (other Content), the User must accept them before use, thereby agreeing that the use of such Software (other Content) shall be in accordance with such separate special terms and also in accordance with the Agreement, to the extent not contravening such separate special terms.
The Mobile Application may have different settings, interface or functions, depending on the operating system installed on the User's mobile device and its version, at the discretion of the Company.
To create a Personal Area, the User shall install the Mobile Application on his/her mobile device and go through the Registration, specifying true Registration Data of the User requested by the Mobile Application.
The Mobile Application shall be downloaded and installed from AppStore and PlayMarket, which host applications for smartphones, if the User agrees to the terms and condition of the use thereof by pressing “OK” and/or “I agree” keys, or by way of any other similar acknowledgement by the User of the terms and conditions of the use of the Mobile Application.
By accepting the terms and conditions of this Agreement for the use of the Mobile Application, the User agrees with the procedure for the accrual, Spending and validity of Bonuses, and also agrees with the provision of information about his/her location (including GPS coordinates of his/her location), the receipt, use and processing of such information by the Company, and the transfer of such information by the Company to third parties in order to perform this Agreement executed by the User during the term of the Agreement.
By making the Registration, the User expresses his/her consent to the provision to, processing and use by, the Company (including the transfer to the Partners of the Company for purposes of this Agreement) of the Registration Data provided by the User, including after the User ceases to use his/her Personal Area and the Application.
By agreeing to the terms and conditions of this Agreement, the User understands and agrees that his/her IIN specified during the Registration will be
used and kept by the Company for purposes of paying the individual income tax at source in the name of the User pursuant to the laws of the Republic of Kazakhstan.
When registering in the Mobile Application, and when amending subsequently his/her Registration Data, the User undertakes to provide the true and up-to-date Registration Data, including by filling out registration forms.
When going through the Registration procedure, the User shall be assigned with a username and password of his/her choice to be applied by him/her thereafter for the use of the Mobile Application and/or the Website.
The Parties hereby agree that the Registration Data specified by the User shall be deemed entered by the User and true.
The Parties hereby agree that any action made in the Personal Area, subject to the entry of the Registration Data, shall be deemed as made by the User.
The Company reserves the right to check the data specified by the User both before and after the Registration and when the Company is allowed to use the Registration Data.
Prior to the Registration, the User shall get familiar with:
the text of this Agreement;
the conditions of accrual and Spending of Bonuses;
the conditions for the return of Products that have been purchased under the Program to the Partner.
Login to the Personal Area shall be made through the Mobile Application and/or the Website by entering the Registration Data into specific fields at a corresponding page of the Mobile Application by the User. The Parties hereby agree that any action performed in the Personal Area, provided that the Registration Data has been entered, shall be deemed made by the User.
Prior to using the Personal Area, the User undertakes to read the current version of the Agreement posted in the Mobile Application and/or on the Website.
The User shall enter the licence plate number of his/her car (up to a maximum of three (3) units) in the Personal Area for the entry/exit to/from the Parking Lot.
If the User’s mobile number is changed or lost, the User shall forthwith notify the Company. In such case the Company shall block the Personal Area of the User and/or change the User’s mobile number in his/her Personal Area.
The Personal Area will satisfy the demands of the User;
The quality of any Product information obtained using the Personal Area will meet the expectations of the User.
The Personal Area will operate smoothly, promptly, reliably or without errors.
The Mobile Application and/or the Website or their elements may be periodically, partially or completely unavailable due to preventive or other
technical maintenance to ensure the normal functioning of the Mobile Application and/or Website.
When using the Personal Area, the User may not:
Use the Website and/or Mobile Application or Personal Area in any malicious way or in such way that may disrupt the normal functioning of the Website and/or Mobile Application or Personal Area;
Use any devices, programs or processes to interfere or attempt to interfere with the normal operation of the Website and/or Mobile Application, or in any transactions performed on the Site and/or in the Mobile Application or in the Personal Area, or in the use of the Website and/or the Mobile Application by any other person.
Differ by the scope of functions available for a User in the Program.
The Program shall have the following Levels of Users:
Level I – “Orange”;
Level II – “Black”.
Level name | Level assigned to a User | User’s Level threshold during the Level Effective Period, KZT | Need to keep the Level or retain Bonuses by a User |
Level I Orange | By default at the time of the initial registration in the Participant’s Mobile Application | up to ten million tenge (KZT 10,000,000) (before December 10th 2022 – 4 000 000 KZT) | No, except accrued Bonuses |
Level II Black | Upon exceeding the maximum threshold of the Orange Level | over ten million tenge (KZT 10,000,000) (before December 10th 2022 – 4 000 000 KZT) | Yes, including accrued Bonuses -until 2nd of April 2024. From the 3rd of April 2023 until the 2nd of April 2024 Black Level is recorded and not required to be confirmed by accumulation. |
Level name | Requirements for keeping the Level assigned to the User | Requirements for keeping a Level and retaining Bonuses by the User |
Level I Orange | During the Level Effective Period, the User has to purchase Products in the Shopping Centre in an amount of up to | The User keeps the Orange Level, but loses Bonuses accrued earlier. |
ten million tenge (KZT 10,000,000) (before December 10th 2022 – 4 000 000 KZT). | ||
During the Black Level | The user can accumulate bonuses at the Black level provided that purchases exceeding 10,000,000 (ten million) tenge are made during the period of validity of the Black level. | |
Effective Period, the User | ||
has to purchase Products | ||
Level II Black | in the Shopping Centre | |
in an amount exceeding | ||
ten million tenge (KZT | ||
10,000,000) |
The Bonus accounting equivalent: one (1) Bonus equals to one tenge (KZT 1).
The Bonus Validity Term is limited to the User's Level Effective Period.
The Bonus Validity Term may be unilaterally altered by the Company and shall be specified in this Agreement.
The Company shall analyse Product Purchasing and/or Return data obtained from a Partner and verify such data against information obtained through the Mobile Application to keep record of the Users’ Bonuses.
Accrued Bonuses shall mean Bonuses shown in the User's Mobile Application without possibility of Bonus Spending.
Active Bonuses shall mean Bonuses shown in the User's Mobile Application with possibility of Bonus Spending to purchase Products in the Partner's Outlet. Bonuses shall be activated, subject to the following (Unless otherwise stated by the Agreement):
Thirty-six (36) calendar days have expired after scanning the Code by the User into the User's Mobile Application for a purchased Product in the Partner's Outlet.
After 36 (thirty-six) working days from the date of transfer of receipt to the concierge on the 1st (first) floor of the Shopping Centre, if there are good reasons for the inability to automatically scan the Code.
The User has reached the Black Level.
The User has met the requirements for keeping the Black Level.
The User shall have the right to get Bonuses when purchasing a Product in the Partner's Outlet using the Mobile Application (until the 2nd of April 2023).
A Partner shall ensure that the User is able to accumulate and/or Spend Active Bonuses in accordance with the terms of the Program.
A number of accrued Bonuses shall be determined by the Company and may be changed without the consent of the User.
The User undertakes to scan the Code displayed on the receipt on the day of purchase before 23:00 from the moment of purchase of the Product at the Partner's Point of Sale for accrual of Bonuses or if it is impossible to automatically scan the Code for good reasons on the day of purchase, transfer the receipt to the concierge on the 1st (first) floor of the Shopping Centre for collecting Bonuses (until the 2nd of April 2023).
Bonuses are credited to the User automatically by the Program, within 24 (twenty-four) hours from the moment the User scans the Code printed on the fiscal receipt and is reflected in the Mobile Application. In case of manually depositing Bonuses to the User, the Organizer uploads Bonuses to the User's Personal Account within (21) twenty-one working days.
Bonuses are accrued only for purchases of Products that are made by User through the Mobile Application in the Mall.
Bonuses aren’t accrued when purchasing Product from category of jewelries.
Bonuses received by User can’t be transferred, sold, exchanged or cashed out. In case of discovery of the fact such User actions, the Company may block or completely cease termination of Personal Account, and fully cancel all bonuses User’s account.
The User may use the accumulated Active Bonuses for the purchase of Products in the Partners' Outlets, subject to Clause 4.6.2 of the Agreement.
When purchasing a Product at a Partner's Point of Sale, the User has the right to Spend Active Bonuses in the amount of no more than 50% (fifty percent)
Active Bonuses from the total amount of the receipt. The remaining payment for Product is paid by User in cash or non-cash form.
The number of Bonuses required for the purchase of Product, according to the conditions reflected in clause 4.10.2. of the Agreement, is debited from the User's Account at the time the User transfers the Code to the Partner's representative, while the Bonuses accrued earlier are debited first.
Any Bonus not spent by the User for the purchase of Products during the Bonus Validity Period shall automatically be cancelled from the 1st of September 2023.
In case of deactivation of the Personal Area due to the User's breach of the rules for using the Website and/or Mobile Application and/or terms and conditions of this Agreement, Bonuses on the User's Account unutilized by the User before the deactivation of the Personal Area shall be cancelled by the Company unilaterally.
In cases of unreasonable refusal by the Partner to accrue Bonuses and/or scan the Code, the User shall notify the Company thereof by e-mail at feedback@esentai.com.
A Product may be subject to a Return by the User if all conditions for the return/replacement of Products, as established by the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights”, are met simultaneously.
In cases where a User returns a Product purchased from a Partner and registered in the Program in compliance with the return procedure, as required by the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights”:
If the User purchases a Product against payment fully in cash, the Partner shall refund the money paid to the User for the Product, and the Bonuses accrued by the Company are reset to zero.
If the User purchases a Product against payment using partially Bonuses, the Partner shall refund money, and the Company shall return the Bonuses to the User less the amount of individual income tax paid by the Company in the name of the User, if any, or return the Bonuses in full.
No repeated return/replacement of a Product or Products by the User shall be allowed.
The Company shall assume no liability for the time or procedure of returning money by the Partner to the User.
The Company shall allow the User to benefit from the Parking Lot Services and Valet Parking.
The Company shall provide the following Preferences to a User in case of using the Parking Lot:
Level | Parking Lot | Valet Parking |
Level I Orange | One (1) hour a day for free | |
Level II Black | Three (3) hours a day for free | fifty per cent. (50%) discount |
If the license plate number of his/her car is entered by the User in his/her Personal Area, the rising arm barriers at the entrance to the Parking Lot open automatically. The terminal button for receiving an entrance ticket to the Parking Lot will be inactive.
The program automatically calculates the time spent by the User's vehicles in the Parking Lot.
If the User has a debt for the use of the Parking Lot and re-entry, the Program allows the vehicle to drive in the Parking Lot, but does not allow it to exit until the User pays off the debt for the use of the Parking Lot.
It is possible to view the ‘History’ in the Parking Lot menu in the User's
Personal Area, where all payments for the Parking Lot are displayed.
If the User wishes to use the Valet Parking Service, he/she shall scan the
Code displayed in the mobile phone of the Company’s employee.
An employee of the Company shall verify a car, the data of which has been entered by the User in his/her Personal Area and confirm the correctness and accuracy of the entered data.
If a car has not been recorded by the User in his/her Personal Area, the Company's employee shall enter the data of the User's car for one-time use of the Valet Parking Service.
The User receives a notification in his/her Personal Area confirming the acceptance of his/her car for the Valet Parking Service and specifying the mobile phone number of the Company's employee for the return of the car to the User at a designated place.
Use the Mobile Application and/or the Website only in accordance with the methods of using the Mobile Application and/or the Website set out in the Agreement.
Prior to using the Mobile Application, the User shall check whether there is any updated version of the Mobile Application and, if available, install such version on his/her mobile device.
When registering, provide reliable Registration Data about himself/herself.
Take appropriate measures to protect his/her Personal Area, including the Registration Data, and not disclose his/her Registration Data, login, password or Codes, and not provide third parties with access to his/her Personal Area, Mobile Application and, in case of any such use, forthwith notify the Company thereof.
Comply with the applicable laws of the Republic of Kazakhstan, the terms and conditions of this Agreement, as well as any other conditions and rules of conduct published by the Company on the Website or in the Mobile Application.
Use the Mobile Application and the Website only for personal non-commercial purposes.
Not use any technologies and take no action that may cause harm to the Website and/or Mobile Application, interests and/or property of the Company, Partners or other Users.
Promptly inform the Company about any unauthorized use of the Personal Area, Mobile Application and/or the Company's Website.
Get access to the use of the Website and/or Mobile Application after complying with the Registration requirements.
Use all Services available on the Website and in the Mobile Application, and purchase Products from Partners, accumulate and Spend Bonuses (Unless otherwise stated by the Agreement).
Ask any questions to the Company related to the Services.
Use the Website and/or Mobile Application solely for purposes and in a manner provided for by the Agreement.
Ensure the proper functioning of the Program, including the Mobile Application and the Website.
Within reasonable time frames, consider any complaints or proposals submitted by the User in respect of certain sections of the Website and/or Mobile Application.
Amend unilaterally, at any time and at its sole discretion, the terms and conditions of this Agreement, the conditions for the Bonus accrual and Spending, or any other terms and rules of the Program, subject to publication thereof on the Website and/or in the Mobile Application.
At any time and with or without prior notice, vary the design of the Website and/or the Mobile Application, including, but not limited to, the Content, a list and content of the Services, modify or supplement the Software or other items and server applications used or stored on the Website and/or in the Mobile Application.
Establish additional restrictions on the use of the Website and/or Mobile Application, and also change such restrictions at any time, without the consent of the User(s).
Expand or reduce the scope of the provided Services.
Provide fee-based Services to the User, the cost, procedure for, and terms of provision of, such Services are as detailed in the relevant sections of the Website and/or Mobile Application.
Assign its rights and obligations under this Agreement to a third party without the consent of the User.
Place ad units on the Website and/or in the Mobile Application.
Perform other actions in order to improve the quality and usability of the Website and/or Mobile Application by the User.
Send letters to the User by e-mail (at the address specified by the User during the Registration) specified during the Registration, Calls and SMS messages (to the Registered Phone) with information regarding the use of the Mobile Application and/or Website, any news or important changes in the Program and/or Services, as well as advertising messages on behalf of the Company or on behalf of the Company's Partners. The User may opt out of receiving the advertising or other information circulated by the Company, without stating reasons for such opt-out. Messages about the Services, as well as Push Notifications are sent automatically and may not be rejected by the User. Push Notifications are used to notify of important changes, updates or events, release of new applications, or availability of new versions of the Mobile Application.
Check any information provided by the User.
Process and use at its own discretion (including by transferring to the Partners) the Registration Data provided by the User to the Company, other than restricted data, and also provide the Partners with information about the interaction of the User with the Mobile Application and/or the Website.
Keep email addresses of the User, mobile phone numbers and transfer the same to the Partners, without further approval by the User, to which the User, by agreeing to the terms and conditions of this Agreement, gives his/her consent to the Company.
Obtain and keep information about the User's IP address upon receipt of such data.
Use “cookies” technology, which does not contain confidential information,
and do not transfer it to third parties.
Refuse the Registration and/or authorization of the User in the Mobile Application and/or prohibit the User from using the Mobile Application.
Establish restrictions for the Registration of the User in the Mobile Application at one or another User Level, as well as in the use of the Services.
In the event of technical or other malfunction, refuse the Registration of the User, not preventing the User from re-Registration.
Prohibit access to the Website and/or Mobile Application and/or suspend the provision of the Services in relation to the User, if it comes to the knowledge of the Company that the User does not comply with the terms of this Agreement.
Without explaining the reasons to the User, terminate the operation of the User's Personal Area or restrict access to the Website and/or Mobile Application, if the Company believes that the User is in breach of the terms of the Agreement or for any other reason.
Do not post User's reviews in the Mobile Application or on the Website that violate the laws of the Republic of Kazakhstan and infringe the legitimate interests of third parties, the Company, Partners or other Users.
Revise or delete any Content which, at the discretion of the Company, violates and/or may violate the laws of the Republic of Kazakhstan, the provisions of the Agreement and/or the rights of third parties, as well as suspend, restrict or terminate the User's access to all or any of the sections of the Website and/or Mobile Application, as well as the Services with or without prior notice.
Deactivate the User's Personal Area upon expiration of 730 days from the date of the initial Registration (reactivation), if the User fails to take the actions necessary for its reactivation.
The use of the Mobile Application and the Website of the Company is free, however, the Parties agree that the use by the User of the Mobile Application and/or the Website and/or other Software and/or any part thereof may become paid in the future.
Any fee charged by the Company in connection with the User's use of the Mobile Application and/or other Software will be announced by the Company in a separate prior written message.
The use of the Mobile Application and/or Website may involve data transmission over the network of the network service provider. If the Company charges a fee for using the Mobile Application and/or the Website, the prices indicated thereon do not include fees for possible data transmission, text messages, voice or other services that may be charged by the network service provider.
The Company assumes no obligation to pay any fee charged by network service providers.
The Company neither collects nor stores information on the User's payment cards. The User's payment card data is stored by PayBox Money, a payment organization, including payments in the Parking Lot.
The User shall enter the data of his/her bank cards in the Personal Area in
the ‘Parking Lot’ menu (the number of the User's bank cards is not limited).
The Company does not store the data of the User's bank cards.
The User's bank card data is stored in the MasterPass service provided by Mastercard. To view the terms and conditions of the Masterpass service conditions please visit https://wallet.masterpass.ru/Terms.html.
By entering the data of his/her bank card(s), the User consents to Mastercard to save the data of his/her bank cards and use subsequently in the Masterpass system.
The Parking Lot rates are standard and are posted by the Company on the website Esentai.com.
When using the Valet Parking Service, the User shall separately pay for the cost of the Parking Lot, as per the established rates, and separately for the cost of the Valet Parking Service, as per the established rates.
The Program automatically calculates the amount payable for the Parking Lot in accordance with the then current Parking Lot rate and automatically debits the amount payable from the User's bank card, subject to the Preferences.
If the withdrawal of money from a bank card for using the Parking Lot fails for any reason beyond control of the Company (the card is not active, lack of funds on the bank card, etc.), the Program records the debt in the name of the User and writes off money upon re-entry.
The payment for the use of the Parking Lot or the Valet Parking may be made by cash or by a bank card through the Parking Payment Terminals or via a Personal Area.
49.15. To pay the debt in cash, the User must contact the Company's office located at P1 level in the Parking Lot of the Shopping Centre or by calling at +7 (727)330-86-64.
By agreeing to the terms and conditions of this Agreement, the User expresses his/her consent to the provision to, processing and use by the Company of the User's Registration Data, information about his/her location (including GPS coordinates), and the right of the Company to transfer the same to the Partners.
The processing and use of the User Registration Data by the Company shall be governed by this Agreement.
The Company shall exercise the highest degree of care in avoiding any unauthorized use of the User's Registration Data and information about his/her location.
The Company shall not be liable for the possible misuse of the User's Registration Data or information about his/her location, due to:
technical problems arising in the Software, servers or computer networks beyond the control of the Company;
interruptions in the operation of the Website and/or Mobile application associated with the intentional misuse of the Website and/or Mobile Application by the User and/or a third party.
The Company gives no assurance that the Mobile Application and/or Software will work at all times, or will be free from errors and/or viruses. The User expressly agrees and acknowledges that he/she uses the Mobile Application at his/her sole risk.
The User agrees that the Bonuses received by him/her may be cancelled in full and/or in part in accordance with this Agreement in case of deactivation of the Personal Area, restriction of access, blocking and/or deletion of the Mobile Application in accordance with this Agreement or otherwise. The Company shall bear no liability in any such case.
If Bonuses are cancelled on the grounds provided for in this Agreement, the Company and/or Partners shall not perform any obligation in respect of such Bonuses.
The Company shall not use the Registration Data for commercial or advertising purposes, or for any other purposes not related to the Mobile Application and/or the Website and/or the Services.
The Company does not control the content, websites or services of third parties and does not assume any liability for the services and/or servicing or material provided, created or published by such parties.
the accuracy of the User's Registration Data specified by the User during the Registration process; for the receipt of the Registration Data of the User by third parties, if such receipt resulted from the negligence of the User, any breach by the Users of this Agreement, or due to third party fraud, or other violations of the laws of the Republic of Kazakhstan by third parties.
the use of the User's Personal Area by another person, including if such use occurred due to circumstances beyond the control of the Company, and if the User fails to inform the Company about the unauthorized use of his/her Personal Area.
any real damage, any indirect or consequential losses, or penalties incurred as a result of using or inability to use the Mobile Application by the User.
In case of non-performance or improper performance of their obligations, the Parties shall be liable in accordance with the terms and conditions of this Agreement and the Legislation of the Republic of Kazakhstan.
The User shall be fully liable for the accuracy of the Registration Data provided to the Company.
The Company shall reserve the right to suspend the Program at any time by giving a fifteen (15) calendar day notice to the Users through the Website and/or Mobile Application. For the period of suspension of the Program, the Company shall suspend the performance of its obligations under the Agreement.
The Company may suspend the operation of the Program in the following cases:
When carrying out the preventive maintenance operations or upgrading the Program and/or equipment;
When making any amendment to the terms of the Program;
In case of failure and/or technical malfunctions of the Program and/or equipment which supports functioning of the Program;
If the User is in breach of the terms of the Agreement;
In any other cases giving rise to suspension of the Program.
The Company shall reserve the right to suspend the operation of the Program at any time by notifying the Users thirty (30) calendar days before such suspension through the Mobile Application and/or Website. From the date of suspension of the Program, the Company shall suspend the performance of its obligations under the Agreement and the Partnership Agreement – shall be considered terminated.
The User has the right to change or delete his Personal Data independently at any time, except in cases where such change or deletion may lead to (1) violation of the rules of this Policy; or (2) violation of the Law; (3) the nature of such Personal Data is evidence in any legal process that has arisen between the Copyright Holder and the User. To do this, the User needs to delete his personal account (profile) in the Mobile application.
Instructions for deleting Personal Data:
Open the “Esentai" application and log in.
Open “Settings".
Click “Delete account".
Confirm the action.
If the Company deactivates the User's Personal Area, all Bonuses shall automatically be cancelled.
The User agrees that the Bonuses received by him/her may be cancelled in full and/or in part in the event of expiration thereof, deactivation of the User's Personal Area, restriction of access, blocking and/or deletion of the Mobile Application in accordance with this Agreement, cessation of the Company's activities, and in other cases. The Company shall bear no liability for the cancellation of Bonuses on the grounds specified in this Agreement.
By ticking the box “I agree with the terms of the Agreement” when
Registering in the Mobile Application, the User confirms that he/she:
Has read the terms of this Agreement in full before using the Mobile Application.
Accepts all terms and conditions of this Agreement in full without any exceptions or restrictions on the part of the User and undertakes to comply with
them or stop using the Mobile Application. If the User does not agree with the terms of this Agreement or do not have the right to consent to this Agreement, the User must forthwith stop using the Mobile Application.
The Agreement (or any of its part) may be amended by the Company without any special notice. A restated version of the Agreement shall come into force from the moment of being posted on the Website or communicated to the User in any other convenient form, unless the restated Agreement provides otherwise.
The User has read, acknowledges and unconditionally accepts this Agreement in its entirety.
77/7, 14a n-r.p., Al-Farabi avenue, 050040, Almaty, Republic of Kazakhstan BIN 041140006923
Telephone: +7 (727) 330 88 77