Agreement on the terms of use of the forkz mobile application
This agreement on the terms of use of the FORKZ mobile application (hereinafter referred to as the mobile application) regulates legal relations regarding the organization of interaction between legal entities registered in Kazakhstan or persons of Kazakh nationality located outside the Republic of Kazakhstan.
This mobile application has been developed and complies with the norms of the current legislation of the Republic of Kazakhstan in the field of informatization.
Hereby, legal entities registered in Kazakhstan and or persons of Kazakh nationality located outside the Republic of Kazakhstan confirm their agreement with the terms of use of the mobile application, and are mandatory.
This mobile application has been developed and complies with the norms of the current legislation of the Republic of Kazakhstan in the field of informatization.
Hereby, legal entities registered in Kazakhstan and or persons of Kazakh nationality located outside the Republic of Kazakhstan confirm their agreement with the terms of use of the mobile application, and are mandatory.
1. Terms and definitions
Internet resource — the content of an Internet page located on the Internet at: https://forkz.org , as well as the Forkz mobile application, which are used by Users in accordance with these terms.
Registration — actions aimed at creating a User profile and (or) an Account through the use of the capabilities of an Internet resource, in order to gain access to its functionality of an Internet resource and receive Information Services.
Moderator is a person authorized by the owner of the Internet resource to perform actions to support the mission and purpose of the forkz mobile application.
The User is an individual over the age of 18, who is a citizen of the Republic of Kazakhstan or a person of Kazakh nationality, who is an expert in a certain field and located outside the Republic of Kazakhstan, or a legal entity registered in the Republic of Kazakhstan in the person of an authorized representative who acts as a Customer.
Login is the User's email address selected by him during Registration and used by him during the use of the mobile application. With confirmation at registration
The password is a symbolic combination chosen by him during Registration, which, together with the Login, provides User identification when using the mobile application.
Application is a request placed in a mobile application to search for an expert to implement the relevant project of a legal entity registered in the Republic of Kazakhstan or an individual.
Content — any text, photo, video materials uploaded by the User to a mobile application and (or) automatically transferred to an Internet resource.
Response — The Organizer can independently invite a free and ready-to-work expert to negotiate the provision of services through the section "Experts in accordance with the information posted in the mobile application.
Account — an account received as a result of Registration and confirmation by the moderator, including data about the User of the Internet resource, his personal data and settings, credentials and other information provided as part of using the Internet resource, including a mobile application.
Questionnaire — information posted at the discretion of the expert about himself, including information about the categories of services expected to be performed, photos, information about previously performed work, information about educational institutions, estimated cost of performance and other information.
The Expert Service is a service created by an expert, which the Organizers or any interested users have the right to independently negotiate with the Expert and use the Expert's services.
The project organizer is a registered user as a legal entity or an individual who created the project belongs to this user.
Personal data – User data that has become known to another User of the mobile application, for which consent to collection, processing, storage, etc. actions are carried out on the basis of a separate agreement, is confirmed by entering a code via SMS.
The project agreement is signed when the project is created by the Organizer. The organizer chooses the type of contract: "Standard template", "Own contract", "Without contract". The expert, when submitting the application, gets acquainted with the project agreement and is responsible among themselves.
The owner of the mobile application will not act and does not act as a person responsible and/or interested in the relationship between Users. Each user is responsible for their actions independently.
2. User registration in the mobile application and terms of use
When registering in the mobile application, the user must specify the email address belonging to him. The User does not have the right to specify an email address belonging to other persons. The User is obliged to maintain the confidentiality of the confirmation codes sent to his e-mail.
By entering the password in the mobile application received in the specified e-mail letter during the registration procedure, the User agrees to provide and access information stored in the database of government agencies, including the database of the Electronic Government of the Republic of Kazakhstan (egov), "Judicial Cabinet" and other data.
When Registering, the User is assigned a Login (email), which is used to work with the mobile application.
The user can complete the registration procedure only once. It is not allowed to use the full name:
• already used by another User;
• offending Users or third parties;
• misleading about the authenticity/involvement in other persons/trademarks/organizations;
The registration form of the mobile application may request additional information from the User.
The User is solely responsible for the security (resistance to guessing) of the Password he has chosen, and also independently ensures the confidentiality of his Password.
The User is fully responsible for the actions and/or omissions that led to the disclosure, loss, theft, etc. of his credentials and other information that individualizes the User, as well as for any actions and/or omissions of third parties using the User's credentials. In this case, all actions performed using the User's Account are considered to be performed by the User himself.
The owner of the mobile application is not responsible in case of violation of the User's rights by third parties who have obtained unauthorized access to the User's Login pair.
When Registering, The User:
• is considered to have accepted the terms of use of the mobile application in full, without any reservations or exceptions.
• agrees that the information provided by them, including contact information, User image, and Content, will be available to a certain circle of people around the world.
3. Expert registration and terms of use
After completing the registration procedure, the User-a citizen of the Republic of Kazakhstan or a person of Kazakh nationality located outside the Republic of Kazakhstan, located outside the Republic of Kazakhstan, fills out an Expert questionnaire, which implies posting the following data in the mobile application and confirmation by the User:
• name,
• last name,
• e-mail / professional e-mail; invented password
• date of birth,
• personal photo,
• mobile phone,
• name of the place of residence outside the Republic of Kazakhstan;
• a copy of the education document (diploma, certificates).
The Expert status is granted after receiving the necessary information from the User and confirming the availability of their applications.
Before going through the Registration procedure as an Expert, the User provides access to the camera of the mobile device. By filling out the Questionnaire, the User is obliged to provide reliable and up-to-date information and bear personal responsibility.
By filling out the Questionnaire, the User hereby confirms and agrees that the information contained in the Questionnaire can be distributed and is public, i.e. it becomes potentially accessible to all registered users of the mobile application.
The Expert does not have the right to impersonate another person, delegate the provision of Services, perform the function of an aggregator of Services, resell, exchange orders received through Applications posted on an Internet resource, both for a fee and free of charge.
The expert independently and fully bears all risks and responsibility for compliance with the law, the content, completeness, correctness and reliability of the information and Content posted by him.
Registration as an Expert may be cancelled or cancelled at any time at the discretion of the Administration without explanation.
Users agree that violations that may result in a strict warning or deprivation of the status of an Expert and/or User may be, including, but not limited to:
• all the necessary requirements described in the Organizer's Draft, the Expert's Application, and the signed agreement between users have not been fulfilled;
• In correspondence with the Project Organizer, the Expert used profanity, insults, and discussed issues unrelated to the essence of the Application;
• The Administration has received complaints from the Expert/The user (rudeness, rudeness, inadequate communication, violation of agreements, etc.);
• The Expert responded to the Application, but sent another person to execute the Application instead of himself, who did not complete the Expert Registration procedure without the confirmed consent of the Customer;
• The Expert violated the requirements of the Agreement and/or Regulatory Documents.
• The expert violated the requirements for the photo posted in the Questionnaire. The photo should depict the Expert himself (close-up face, without headdress, glasses, etc.), without strangers, objects and (or) animals;
• The expert violated the rules for using the Internet resource and (or) the mobile application uses the mobile application to achieve unacceptable goals not specified in the Internet resource or mobile application.
4. Rules for the placement and execution of Applications
The application is a detailed/specific proposal for the performance of work/services within a specific project. It is prohibited to place Applications, the purpose or subject of which is:
• creating an Application, Content and other information on behalf of another person, otherwise misleading about the User's identity, age, work experience, attitude towards third parties and organizations, etc.
• provision and receipt of loans, replenishment of accounts in payment systems, making money transfers;
• attracting Users to third-party resources, sites, or registering users on such resources, sites;
• advertising of their services and goods or services and goods owned by third parties;
• fabrication of reviews;
• erotic services;
• cheating or changing website statistics, the number of subscribers on social networks, etc.;
• ordering automatic or manual mailing of invitations and messages to users of social networks, email newsletters;
• provision of services for the distribution of Users' goods;
• medicines, food additives, biologically active additives;
• poisons;
• medicinal raw materials obtained from reindeer husbandry (antlers and endocrine raw materials);
• narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants;
• services for the storage, transportation, manufacture, processing of narcotic drugs, precursors, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances;
• services for the organization of prostitution, involvement in prostitution;
• adult content, any pornography, sex video chats, sites indicating the placement of explicit photos;
• Tobacco products;
• alcoholic beverages, ethyl alcohol;
• precious, rare metals and stones, jewelry, including waste containing precious and rare earth metals and precious stones;
• gold bars, investments in gold bars. Any turnover of precious metals, natural precious stones or pearls, including the sale of precious metal products;
• services to assist in the conduct of hostilities, regardless of the occupied side of the conflict, the form of support (humanitarian assistance, supply of weapons, communications equipment, medicines, etc.);
• weapons and ammunition (civilian, service, firearms);
• development, production, testing, storage, repair and disposal, trade, including the main parts of firearms, ammunition, including cartridges and their components such as cartridges and caps.
• military equipment, spare parts, components and devices for it, explosives, explosives, gunpowder, all types of rocket fuel, as well as special materials and special equipment for their production, special equipment for personnel of paramilitary organizations and regulatory and technical products for their production and operation;
• chemical warfare agents, means of protection against them and regulatory and technical documentation for their production and use;
• services for the manufacture/alteration/repair of firearms, their main parts, ammunition, explosives or explosive devices;
• pesticides and agrochemicals, limited in circulation;
• potent or toxic substances;
• Museum items and museum collections;
• X-ray equipment, instruments and equipment using radioactive substances and isotopes;
• spacecraft and ground-based space infrastructure facilities related to satellite navigation systems and created at the expense of the republican budget of the Republic of Kazakhstan;
• rocket and space complexes, military communications and control systems and regulatory and technical documentation for their production and operation;
• Gambling, including lotteries, bookmakers and sweepstakes;
• financial pyramids, HYIP;
• services for the placement of information, materials discrediting the honor and dignity of a person, violation of the secrecy of correspondence, personal life;
• services for the creation, use and distribution of malicious computer programs;
• cardsharing services;
• services for providing unauthorized access to computer information;
• services for hacking third-party accounts, extracting classified information, and modifying it;
• special technical means designed to secretly obtain information;
• services for the dissemination and sale of information constituting commercial, tax or banking secrets;
• trade/manufacture of counterfeit credit or settlement cards and other payment documents;
• services for the placement of public calls for extremist activities, incitement to hatred or enmity, as well as humiliation of human dignity;
• services for organizing an extremist community;
• Bribery mediation services;
• any services prohibited or restricted in circulation according to the legislation of the Republic of Kazakhstan.
Using the capabilities of the Internet resource and mobile application, the User is obliged to act in good faith and refrain from abusing the functionality.
5. Personal data of Users and their protection
Users hereby irrevocably, indefinitely and provide written consent (in accordance with the requirements of Kazakh legislation) and agree to the collection and processing of personal data as described in this Agreement.
Collection and processing means any operation with personal data, regardless of the means and procedures used, in particular the collection, recording, systematization, accumulation, storage, clarification, updating, modification and extraction of personal data, as well as their use, transfer, dissemination, provision, access, depersonalization, blocking, deletion and destruction of the following information:
• first name, last name, patronymic;
• IIN;
• city and country of residence;
• mobile phone;
• Email address;
• information about the device;
• bank details;
• photography;
• biometric data;
• access to the User's location;
Cookies. Cookies and web beacons can be used to help analyze the flow of information, customize services, content and advertising, as well as to measure the effectiveness of sites and ensure reliability and security, for the purpose of market research, revenue tracking, as well as to improve the functionality of websites, monitoring the fulfillment of these terms and conditions, protection of legitimate rights and interests. Despite the fact that cookies are depersonalized, Users can always opt out of saving them, since this function is determined by the User's browser settings.
Safety. Personal data of Users is stored on the territory of the Republic of Kazakhstan in a mobile application and is stored in various ways (passwords, access restrictions of related companies, employees and contractors, etc.) to protect personal data of Users from unauthorized access and disclosure.
6. Responsibility of Users and Visitors
The User and (or) the Visitor are solely responsible for any of their actions and/or omissions, both intentional and unintentional, as well as for any actions and/or omissions of persons using their credentials related to the placement and/or dissemination of information on the Internet, obtaining access to the User's resources through the use of resources of third parties that have caused and/or may cause violation of the legislation of the Republic of Kazakhstan, as well as for any damage caused by the above actions.
The User is solely responsible for the compliance of the content posted by the User with the requirements of the current legislation of the Republic of Kazakhstan, including liability to third parties in cases where the User's posting of a particular Content, or the content of the Content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on the intangible benefits belonging to them.
The User acknowledges and agrees that the Administration is not obliged to view any kind of Content posted and/or distributed by the User through the Internet resource, as well as that the Administration of the Internet Resource has the right (but not the obligation) at its discretion, to refuse to post and/or distribute Content to the User or to remove any Content that is available through the Internet resource. The User understands and agrees that he must independently assess all risks associated with the use of Content, including evaluating the reliability, reliability, completeness or usefulness of this Content.
The Internet resource may contain links to other sites on the Internet (third-party sites). These third parties and their Content are not checked by the Administration for compliance with certain requirements (reliability, completeness, legality, etc.). The Administration is not responsible for any information, materials posted on third-party sites that the User accesses using an Internet resource, including for any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or Content and the consequences of their use by the User. A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature posted on the website does not constitute an endorsement or recommendation of these products (services, activities) on an Internet resource/mobile application.
The User guarantees and assures that they have all the necessary rights or will receive such rights to use the materials posted by them on the Internet resource.
The User undertakes to comply with this Agreement, the Regulatory Documents and the legislation of the Republic of Kazakhstan. In case of violation of the Agreement by the User, the Administration reserves the right to temporarily restrict the User's access to the Internet resource (temporary blocking), and in case of gross and/or repeated violations, deny access to the Internet resource (permanent blocking).
7. Guarantees and responsibilities
The Internet resource is provided "as is". The owner of the Internet resource does not assume any responsibility, including for the compliance of the Internet resource with the goals of the User and (or) the Visitor, that:
• The Internet resource meets/will meet the requirements of the User and (or) the Visitor;
• Services related to the Internet resource will be provided continuously, quickly, reliably and error-free;
• the results that can be obtained using the Internet resource will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts);
The owner of the Internet resource is not responsible for any kind of losses resulting from the User's use of the Internet resource.
8. Rights and obligations of the User
The visitor has the right to:
• register as an Expert and participate in the selection in the relevant project;
• send complaints to the Administration regarding violations of the Agreement by Users;
The User is prohibited from:
• registering as a User on behalf of or in place of another person ("fictitious profile");
• mislead Users about their identity by using the Username of another registered User;
• misrepresent information about yourself, your age, or your relationship to other organizations;
• upload, store, publish, distribute and make available or otherwise use any information that: contains threats, discredits, insults, defames honor and dignity or business reputation, or violates the privacy of other Users or third parties; violates the rights of minors; is vulgar or obscene, offensive, contains pornographic images and texts or scenes of a sexual nature involving minors; contains scenes of inhuman treatment of animals; contains a description of the means and methods of suicide, any incitement to commit it; promotes and/or
promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; contains extremist materials; promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts, contains information of limited access, including, but not limited to, state and commercial secrets, information about the private lives of third parties; contains advertisements or describes the attractiveness of the use of narcotic substances, including "digital drugs" (audio files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips on use; is fraudulent; and also violates other rights and interests of citizens and legal entities or requirements of the legislation of the Republic of Kazakhstan;
• illegally upload, store, publish, distribute and provide access to or otherwise use the intellectual property of Users and third parties;
• use the software and perform actions aimed at disrupting the normal functioning of the Internet resource or personal pages of Users;
• in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to another User's Username and Password;
• to carry out illegal collection and processing of personal data of other persons;
• post any other information that, in the personal opinion of the Owner of the Internet resource / mobile application, is undesirable, does not meet the goals of creating an Internet resource, infringes on the interests of Users or for other reasons is undesirable for posting on an Internet resource.
9. Private Message Service
After Registration, the User may be provided with access to a messaging service that allows you to exchange messages with the Administration and other Users.
The correspondence carried out through this personal messaging service is not personal. The user, using the personal message service, accepts the fact that the Administration has the right to read the sent messages at any time
The User agrees to receive personal messages from the Administration at any time and of any nature, including advertising. The Administration reserves the right to supplement the text of messages sent by Users with promotional materials. The Administration does not moderate (preview, evaluate and filter) messages sent by Users to each other. Users are prohibited from using the ability to send private messages for:
• committing actions that violate the legislation of the Republic of Kazakhstan, the norms of international law;
• uploading, sending, transmitting or any other way of publishing unauthorized advertising information, spam, pyramid schemes, "letters of happiness";
• uploading, sending, transmitting or any other way of publishing materials that are illegal, harmful, threatening, insulting morality, defamatory, infringing copyrights, propagandizing hatred and/or discrimination of people on racial, ethnic, sexual, social grounds;
• uploading, sending, transmitting or any other way of publishing materials that violate the rights of third parties.
The Administration reserves the right to provide access to personal messages in cases provided for by the legislation of the Republic of Kazakhstan.
10. Services
The owner of the Internet resource / mobile application has the right to provide Information services on the provision of information on the order of placement / Application already posted on the Internet resource, the Response and the possibility to accept and (or) execute it, as well as the Expert Questionnaire.
In the mobile app:
• Information Services are provided to the User in accordance with the procedure and conditions specified in the Agreement and Regulatory Documents;
• when providing Information Services, it is possible for the User to access Account data using a username and password;
The owner of the Internet resource/mobile application has the right to
• temporarily suspend the provision of Services to the User for technical, technological or other reasons that impede the provision of Services, while such reasons are eliminated;
• suspend the provision of services to the User in cases of suspicion of hacking by third parties;
• suspend the provision of Information Services and/or prematurely terminate the Agreement unilaterally out of court by sending a corresponding notification to the User to the phone number specified by the latter when using the Internet resource, in cases of violation by the User of obligations and/or guarantees accepted in accordance with the Agreement and (or) Regulatory Documents;
• prematurely terminate the Agreement unilaterally out of court by sending a corresponding notification to the User to the phone number specified by the latter when using the Internet resource, in case of violation by the User of the deadline and payment procedure for Information services.
The user is solely responsible for the safety and confidentiality of the data provided. All actions performed by the User using the User's username and password are considered to be performed by him. The User is solely responsible to third parties for all actions performed using their registration data (login and password). The owner of the Internet resource/mobile application is not responsible for the unauthorized use of the User's registration data by third parties.
By accepting the terms of this Agreement by Acceptance, the User guarantees that:
• provided reliable data, including personal data, when registering on the Internet resource and reliable User data;
• enters into an Agreement voluntarily, while:
• I have fully read the terms of the Agreement,
• fully understands the significance and consequences of his actions in relation to the conclusion and execution of the Agreement;
• has all the rights and powers necessary to conclude and execute the Agreement.
For violation of the terms of the Agreement, the Parties bear responsibility established by the Agreement and/or the current legislation of the Republic of Kazakhstan.
The owner of the Internet resource/mobile application under no circumstances assumes any responsibility for:
• any actions/omissions that are a direct or indirect result of the actions/omissions of the User and/or third parties;
• any indirect losses and/or lost profits of the User and/or third parties, regardless of whether it was possible to foresee such losses or not;
• the use (inability to use) and any consequences of the use (inability to use) of the User's chosen form of payment for Services, as well as the use / inability to use by the User and/or third parties of any means and/or methods of transmitting/receiving information.
The User is fully responsible for:
• compliance with all requirements of the legislation of the Republic of Kazakhstan, including the legislation of the Republic of Kazakhstan on advertising, on intellectual property, on competition, but not limited to the above;
• the accuracy of the information provided by him when registering as a User on the Internet resource.
11. Dispute Resolution
The Parties have agreed that all disputes arising from this Agreement between the owner of the Internet resource /mobile application and the User are subject to settlement with the participation of a professional mediator with the conclusion of a mediation agreement at the site of the International Arbitration Center at the AIFC (Astana).
12. Special conditions
The owner of the Internet resource/mobile application does not guarantee that the software of the Internet resource does not contain errors or will function smoothly.
The owner of the Internet resource/mobile application is not responsible for losses or other harm caused to the User in connection with the actions of third parties.
The owner of the Internet resource/mobile application reserves the right to delete from its servers any information or materials that are unacceptable, undesirable or violate this Agreement.
The owner of the Internet resource/mobile application does not control the information, services and products located on or offered via the Internet. As a result, the User accepts the condition according to which all goods, information and services offered or available through the Internet resource or on the Internet are provided by third parties who are in no way connected with the owner of the Internet resource /mobile application. The User assumes full responsibility and risks for the use of the Internet resource and the Internet. The owner of the Internet resource/mobile application does not provide any guarantees for any goods, information and services supplied via the Internet resource or via the Internet in general.
13. Regulation and interpretation of the Agreement
This Agreement is governed by and interpreted in accordance with the laws of the Republic of Kazakhstan. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" means both the legislation of the Republic of Kazakhstan and the legislation of the User's place of residence.
Nothing in the Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Owner of the Internet resource/mobile application, not expressly provided for in the Agreement.
If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
This Agreement is drawn up in Russian and Kazakh, in some cases it may be provided to the User for review in another language. In the event of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.
14. Intellectual property rights
All objects of intellectual rights included in the FORKZ Internet resource, including design elements, graphic images, illustrations, photographs, videos, databases and other objects, are the intellectual property of the Owner of the Internet resource/mobile application, with the exception of objects of intellectual rights owned by the User (photos, scans identification document);
The User does not have the right to upload, transmit or publish content (information) unless it was created personally by the User or for which the User does not have the permission of the copyright holder.
In case of claims from third parties related to the placement of content (information), the User will independently and at his own expense settle these claims.
The Owner of the Internet resource / mobile application reserves the right, at his discretion, to transfer information about the User to any third parties who have presented sufficient (in the opinion of the Owner of the Internet resource / mobile application) evidence of violation by the User of someone's rights or requirements of the current legislation of the Republic of Kazakhstan, or decisions of state bodies.
In case of claims, lawsuits, and demands by third parties against the Owner of the Internet resource/mobile application regarding the illegal placement of intellectual property objects by the User on the FORKZ Internet resource, the User undertakes to reimburse the Owner of the Internet Resource/mobile application for all losses incurred by the latter as a result of such violation or presentation of such claims, and The owner of the Internet resource/mobile application has the right to terminate the Agreement unilaterally by deleting the User.
15. Entry into force and procedure for amending this Agreement
This Agreement comes into force for the User from the moment he joins it and is valid for an indefinite period.
The owner of the Internet resource /mobile application reserves the right to change the terms of the Agreement and all its integral parts without the consent of the User with the notification of the latter by posting on his Internet resource a new version of the Agreement or any of its integral parts that have undergone changes. In this case, the User undertakes to familiarize himself with the new content of the Agreement posted on the Internet resource. The new version of the Agreement and/or any of its integral parts shall enter into force from the moment of publication on the Internet resource, unless another date for the entry into force of the changes is determined by the Company at the time of their publication. Continued use of the Services by the User after the publication of a new version of the Agreement and/or any integral part thereof is in any case considered unconditional acceptance of all new changes to the Agreement.
18. Final provisions
The name and numbering of the articles of this Agreement are given for ease of reading and do not matter in the interpretation of these Agreements.
The proper e-mail address of the User is the personal account created in the mobile application.
If any of the provisions of the Agreement turns out to be invalid by virtue of law, it will be considered excluded from the Agreement, and the remaining provisions of the Agreement will remain in force.
Internet resource — the content of an Internet page located on the Internet at: https://forkz.org , as well as the Forkz mobile application, which are used by Users in accordance with these terms.
Registration — actions aimed at creating a User profile and (or) an Account through the use of the capabilities of an Internet resource, in order to gain access to its functionality of an Internet resource and receive Information Services.
Moderator is a person authorized by the owner of the Internet resource to perform actions to support the mission and purpose of the forkz mobile application.
The User is an individual over the age of 18, who is a citizen of the Republic of Kazakhstan or a person of Kazakh nationality, who is an expert in a certain field and located outside the Republic of Kazakhstan, or a legal entity registered in the Republic of Kazakhstan in the person of an authorized representative who acts as a Customer.
Login is the User's email address selected by him during Registration and used by him during the use of the mobile application. With confirmation at registration
The password is a symbolic combination chosen by him during Registration, which, together with the Login, provides User identification when using the mobile application.
Application is a request placed in a mobile application to search for an expert to implement the relevant project of a legal entity registered in the Republic of Kazakhstan or an individual.
Content — any text, photo, video materials uploaded by the User to a mobile application and (or) automatically transferred to an Internet resource.
Response — The Organizer can independently invite a free and ready-to-work expert to negotiate the provision of services through the section "Experts in accordance with the information posted in the mobile application.
Account — an account received as a result of Registration and confirmation by the moderator, including data about the User of the Internet resource, his personal data and settings, credentials and other information provided as part of using the Internet resource, including a mobile application.
Questionnaire — information posted at the discretion of the expert about himself, including information about the categories of services expected to be performed, photos, information about previously performed work, information about educational institutions, estimated cost of performance and other information.
The Expert Service is a service created by an expert, which the Organizers or any interested users have the right to independently negotiate with the Expert and use the Expert's services.
The project organizer is a registered user as a legal entity or an individual who created the project belongs to this user.
Personal data – User data that has become known to another User of the mobile application, for which consent to collection, processing, storage, etc. actions are carried out on the basis of a separate agreement, is confirmed by entering a code via SMS.
The project agreement is signed when the project is created by the Organizer. The organizer chooses the type of contract: "Standard template", "Own contract", "Without contract". The expert, when submitting the application, gets acquainted with the project agreement and is responsible among themselves.
The owner of the mobile application will not act and does not act as a person responsible and/or interested in the relationship between Users. Each user is responsible for their actions independently.
2. User registration in the mobile application and terms of use
When registering in the mobile application, the user must specify the email address belonging to him. The User does not have the right to specify an email address belonging to other persons. The User is obliged to maintain the confidentiality of the confirmation codes sent to his e-mail.
By entering the password in the mobile application received in the specified e-mail letter during the registration procedure, the User agrees to provide and access information stored in the database of government agencies, including the database of the Electronic Government of the Republic of Kazakhstan (egov), "Judicial Cabinet" and other data.
When Registering, the User is assigned a Login (email), which is used to work with the mobile application.
The user can complete the registration procedure only once. It is not allowed to use the full name:
• already used by another User;
• offending Users or third parties;
• misleading about the authenticity/involvement in other persons/trademarks/organizations;
The registration form of the mobile application may request additional information from the User.
The User is solely responsible for the security (resistance to guessing) of the Password he has chosen, and also independently ensures the confidentiality of his Password.
The User is fully responsible for the actions and/or omissions that led to the disclosure, loss, theft, etc. of his credentials and other information that individualizes the User, as well as for any actions and/or omissions of third parties using the User's credentials. In this case, all actions performed using the User's Account are considered to be performed by the User himself.
The owner of the mobile application is not responsible in case of violation of the User's rights by third parties who have obtained unauthorized access to the User's Login pair.
When Registering, The User:
• is considered to have accepted the terms of use of the mobile application in full, without any reservations or exceptions.
• agrees that the information provided by them, including contact information, User image, and Content, will be available to a certain circle of people around the world.
3. Expert registration and terms of use
After completing the registration procedure, the User-a citizen of the Republic of Kazakhstan or a person of Kazakh nationality located outside the Republic of Kazakhstan, located outside the Republic of Kazakhstan, fills out an Expert questionnaire, which implies posting the following data in the mobile application and confirmation by the User:
• name,
• last name,
• e-mail / professional e-mail; invented password
• date of birth,
• personal photo,
• mobile phone,
• name of the place of residence outside the Republic of Kazakhstan;
• a copy of the education document (diploma, certificates).
The Expert status is granted after receiving the necessary information from the User and confirming the availability of their applications.
Before going through the Registration procedure as an Expert, the User provides access to the camera of the mobile device. By filling out the Questionnaire, the User is obliged to provide reliable and up-to-date information and bear personal responsibility.
By filling out the Questionnaire, the User hereby confirms and agrees that the information contained in the Questionnaire can be distributed and is public, i.e. it becomes potentially accessible to all registered users of the mobile application.
The Expert does not have the right to impersonate another person, delegate the provision of Services, perform the function of an aggregator of Services, resell, exchange orders received through Applications posted on an Internet resource, both for a fee and free of charge.
The expert independently and fully bears all risks and responsibility for compliance with the law, the content, completeness, correctness and reliability of the information and Content posted by him.
Registration as an Expert may be cancelled or cancelled at any time at the discretion of the Administration without explanation.
Users agree that violations that may result in a strict warning or deprivation of the status of an Expert and/or User may be, including, but not limited to:
• all the necessary requirements described in the Organizer's Draft, the Expert's Application, and the signed agreement between users have not been fulfilled;
• In correspondence with the Project Organizer, the Expert used profanity, insults, and discussed issues unrelated to the essence of the Application;
• The Administration has received complaints from the Expert/The user (rudeness, rudeness, inadequate communication, violation of agreements, etc.);
• The Expert responded to the Application, but sent another person to execute the Application instead of himself, who did not complete the Expert Registration procedure without the confirmed consent of the Customer;
• The Expert violated the requirements of the Agreement and/or Regulatory Documents.
• The expert violated the requirements for the photo posted in the Questionnaire. The photo should depict the Expert himself (close-up face, without headdress, glasses, etc.), without strangers, objects and (or) animals;
• The expert violated the rules for using the Internet resource and (or) the mobile application uses the mobile application to achieve unacceptable goals not specified in the Internet resource or mobile application.
4. Rules for the placement and execution of Applications
The application is a detailed/specific proposal for the performance of work/services within a specific project. It is prohibited to place Applications, the purpose or subject of which is:
• creating an Application, Content and other information on behalf of another person, otherwise misleading about the User's identity, age, work experience, attitude towards third parties and organizations, etc.
• provision and receipt of loans, replenishment of accounts in payment systems, making money transfers;
• attracting Users to third-party resources, sites, or registering users on such resources, sites;
• advertising of their services and goods or services and goods owned by third parties;
• fabrication of reviews;
• erotic services;
• cheating or changing website statistics, the number of subscribers on social networks, etc.;
• ordering automatic or manual mailing of invitations and messages to users of social networks, email newsletters;
• provision of services for the distribution of Users' goods;
• medicines, food additives, biologically active additives;
• poisons;
• medicinal raw materials obtained from reindeer husbandry (antlers and endocrine raw materials);
• narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants;
• services for the storage, transportation, manufacture, processing of narcotic drugs, precursors, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances;
• services for the organization of prostitution, involvement in prostitution;
• adult content, any pornography, sex video chats, sites indicating the placement of explicit photos;
• Tobacco products;
• alcoholic beverages, ethyl alcohol;
• precious, rare metals and stones, jewelry, including waste containing precious and rare earth metals and precious stones;
• gold bars, investments in gold bars. Any turnover of precious metals, natural precious stones or pearls, including the sale of precious metal products;
• services to assist in the conduct of hostilities, regardless of the occupied side of the conflict, the form of support (humanitarian assistance, supply of weapons, communications equipment, medicines, etc.);
• weapons and ammunition (civilian, service, firearms);
• development, production, testing, storage, repair and disposal, trade, including the main parts of firearms, ammunition, including cartridges and their components such as cartridges and caps.
• military equipment, spare parts, components and devices for it, explosives, explosives, gunpowder, all types of rocket fuel, as well as special materials and special equipment for their production, special equipment for personnel of paramilitary organizations and regulatory and technical products for their production and operation;
• chemical warfare agents, means of protection against them and regulatory and technical documentation for their production and use;
• services for the manufacture/alteration/repair of firearms, their main parts, ammunition, explosives or explosive devices;
• pesticides and agrochemicals, limited in circulation;
• potent or toxic substances;
• Museum items and museum collections;
• X-ray equipment, instruments and equipment using radioactive substances and isotopes;
• spacecraft and ground-based space infrastructure facilities related to satellite navigation systems and created at the expense of the republican budget of the Republic of Kazakhstan;
• rocket and space complexes, military communications and control systems and regulatory and technical documentation for their production and operation;
• Gambling, including lotteries, bookmakers and sweepstakes;
• financial pyramids, HYIP;
• services for the placement of information, materials discrediting the honor and dignity of a person, violation of the secrecy of correspondence, personal life;
• services for the creation, use and distribution of malicious computer programs;
• cardsharing services;
• services for providing unauthorized access to computer information;
• services for hacking third-party accounts, extracting classified information, and modifying it;
• special technical means designed to secretly obtain information;
• services for the dissemination and sale of information constituting commercial, tax or banking secrets;
• trade/manufacture of counterfeit credit or settlement cards and other payment documents;
• services for the placement of public calls for extremist activities, incitement to hatred or enmity, as well as humiliation of human dignity;
• services for organizing an extremist community;
• Bribery mediation services;
• any services prohibited or restricted in circulation according to the legislation of the Republic of Kazakhstan.
Using the capabilities of the Internet resource and mobile application, the User is obliged to act in good faith and refrain from abusing the functionality.
5. Personal data of Users and their protection
Users hereby irrevocably, indefinitely and provide written consent (in accordance with the requirements of Kazakh legislation) and agree to the collection and processing of personal data as described in this Agreement.
Collection and processing means any operation with personal data, regardless of the means and procedures used, in particular the collection, recording, systematization, accumulation, storage, clarification, updating, modification and extraction of personal data, as well as their use, transfer, dissemination, provision, access, depersonalization, blocking, deletion and destruction of the following information:
• first name, last name, patronymic;
• IIN;
• city and country of residence;
• mobile phone;
• Email address;
• information about the device;
• bank details;
• photography;
• biometric data;
• access to the User's location;
Cookies. Cookies and web beacons can be used to help analyze the flow of information, customize services, content and advertising, as well as to measure the effectiveness of sites and ensure reliability and security, for the purpose of market research, revenue tracking, as well as to improve the functionality of websites, monitoring the fulfillment of these terms and conditions, protection of legitimate rights and interests. Despite the fact that cookies are depersonalized, Users can always opt out of saving them, since this function is determined by the User's browser settings.
Safety. Personal data of Users is stored on the territory of the Republic of Kazakhstan in a mobile application and is stored in various ways (passwords, access restrictions of related companies, employees and contractors, etc.) to protect personal data of Users from unauthorized access and disclosure.
6. Responsibility of Users and Visitors
The User and (or) the Visitor are solely responsible for any of their actions and/or omissions, both intentional and unintentional, as well as for any actions and/or omissions of persons using their credentials related to the placement and/or dissemination of information on the Internet, obtaining access to the User's resources through the use of resources of third parties that have caused and/or may cause violation of the legislation of the Republic of Kazakhstan, as well as for any damage caused by the above actions.
The User is solely responsible for the compliance of the content posted by the User with the requirements of the current legislation of the Republic of Kazakhstan, including liability to third parties in cases where the User's posting of a particular Content, or the content of the Content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on the intangible benefits belonging to them.
The User acknowledges and agrees that the Administration is not obliged to view any kind of Content posted and/or distributed by the User through the Internet resource, as well as that the Administration of the Internet Resource has the right (but not the obligation) at its discretion, to refuse to post and/or distribute Content to the User or to remove any Content that is available through the Internet resource. The User understands and agrees that he must independently assess all risks associated with the use of Content, including evaluating the reliability, reliability, completeness or usefulness of this Content.
The Internet resource may contain links to other sites on the Internet (third-party sites). These third parties and their Content are not checked by the Administration for compliance with certain requirements (reliability, completeness, legality, etc.). The Administration is not responsible for any information, materials posted on third-party sites that the User accesses using an Internet resource, including for any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or Content and the consequences of their use by the User. A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature posted on the website does not constitute an endorsement or recommendation of these products (services, activities) on an Internet resource/mobile application.
The User guarantees and assures that they have all the necessary rights or will receive such rights to use the materials posted by them on the Internet resource.
The User undertakes to comply with this Agreement, the Regulatory Documents and the legislation of the Republic of Kazakhstan. In case of violation of the Agreement by the User, the Administration reserves the right to temporarily restrict the User's access to the Internet resource (temporary blocking), and in case of gross and/or repeated violations, deny access to the Internet resource (permanent blocking).
7. Guarantees and responsibilities
The Internet resource is provided "as is". The owner of the Internet resource does not assume any responsibility, including for the compliance of the Internet resource with the goals of the User and (or) the Visitor, that:
• The Internet resource meets/will meet the requirements of the User and (or) the Visitor;
• Services related to the Internet resource will be provided continuously, quickly, reliably and error-free;
• the results that can be obtained using the Internet resource will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts);
The owner of the Internet resource is not responsible for any kind of losses resulting from the User's use of the Internet resource.
8. Rights and obligations of the User
The visitor has the right to:
• register as an Expert and participate in the selection in the relevant project;
• send complaints to the Administration regarding violations of the Agreement by Users;
The User is prohibited from:
• registering as a User on behalf of or in place of another person ("fictitious profile");
• mislead Users about their identity by using the Username of another registered User;
• misrepresent information about yourself, your age, or your relationship to other organizations;
• upload, store, publish, distribute and make available or otherwise use any information that: contains threats, discredits, insults, defames honor and dignity or business reputation, or violates the privacy of other Users or third parties; violates the rights of minors; is vulgar or obscene, offensive, contains pornographic images and texts or scenes of a sexual nature involving minors; contains scenes of inhuman treatment of animals; contains a description of the means and methods of suicide, any incitement to commit it; promotes and/or
promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; contains extremist materials; promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts, contains information of limited access, including, but not limited to, state and commercial secrets, information about the private lives of third parties; contains advertisements or describes the attractiveness of the use of narcotic substances, including "digital drugs" (audio files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips on use; is fraudulent; and also violates other rights and interests of citizens and legal entities or requirements of the legislation of the Republic of Kazakhstan;
• illegally upload, store, publish, distribute and provide access to or otherwise use the intellectual property of Users and third parties;
• use the software and perform actions aimed at disrupting the normal functioning of the Internet resource or personal pages of Users;
• in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to another User's Username and Password;
• to carry out illegal collection and processing of personal data of other persons;
• post any other information that, in the personal opinion of the Owner of the Internet resource / mobile application, is undesirable, does not meet the goals of creating an Internet resource, infringes on the interests of Users or for other reasons is undesirable for posting on an Internet resource.
9. Private Message Service
After Registration, the User may be provided with access to a messaging service that allows you to exchange messages with the Administration and other Users.
The correspondence carried out through this personal messaging service is not personal. The user, using the personal message service, accepts the fact that the Administration has the right to read the sent messages at any time
The User agrees to receive personal messages from the Administration at any time and of any nature, including advertising. The Administration reserves the right to supplement the text of messages sent by Users with promotional materials. The Administration does not moderate (preview, evaluate and filter) messages sent by Users to each other. Users are prohibited from using the ability to send private messages for:
• committing actions that violate the legislation of the Republic of Kazakhstan, the norms of international law;
• uploading, sending, transmitting or any other way of publishing unauthorized advertising information, spam, pyramid schemes, "letters of happiness";
• uploading, sending, transmitting or any other way of publishing materials that are illegal, harmful, threatening, insulting morality, defamatory, infringing copyrights, propagandizing hatred and/or discrimination of people on racial, ethnic, sexual, social grounds;
• uploading, sending, transmitting or any other way of publishing materials that violate the rights of third parties.
The Administration reserves the right to provide access to personal messages in cases provided for by the legislation of the Republic of Kazakhstan.
10. Services
The owner of the Internet resource / mobile application has the right to provide Information services on the provision of information on the order of placement / Application already posted on the Internet resource, the Response and the possibility to accept and (or) execute it, as well as the Expert Questionnaire.
In the mobile app:
• Information Services are provided to the User in accordance with the procedure and conditions specified in the Agreement and Regulatory Documents;
• when providing Information Services, it is possible for the User to access Account data using a username and password;
The owner of the Internet resource/mobile application has the right to
• temporarily suspend the provision of Services to the User for technical, technological or other reasons that impede the provision of Services, while such reasons are eliminated;
• suspend the provision of services to the User in cases of suspicion of hacking by third parties;
• suspend the provision of Information Services and/or prematurely terminate the Agreement unilaterally out of court by sending a corresponding notification to the User to the phone number specified by the latter when using the Internet resource, in cases of violation by the User of obligations and/or guarantees accepted in accordance with the Agreement and (or) Regulatory Documents;
• prematurely terminate the Agreement unilaterally out of court by sending a corresponding notification to the User to the phone number specified by the latter when using the Internet resource, in case of violation by the User of the deadline and payment procedure for Information services.
The user is solely responsible for the safety and confidentiality of the data provided. All actions performed by the User using the User's username and password are considered to be performed by him. The User is solely responsible to third parties for all actions performed using their registration data (login and password). The owner of the Internet resource/mobile application is not responsible for the unauthorized use of the User's registration data by third parties.
By accepting the terms of this Agreement by Acceptance, the User guarantees that:
• provided reliable data, including personal data, when registering on the Internet resource and reliable User data;
• enters into an Agreement voluntarily, while:
• I have fully read the terms of the Agreement,
• fully understands the significance and consequences of his actions in relation to the conclusion and execution of the Agreement;
• has all the rights and powers necessary to conclude and execute the Agreement.
For violation of the terms of the Agreement, the Parties bear responsibility established by the Agreement and/or the current legislation of the Republic of Kazakhstan.
The owner of the Internet resource/mobile application under no circumstances assumes any responsibility for:
• any actions/omissions that are a direct or indirect result of the actions/omissions of the User and/or third parties;
• any indirect losses and/or lost profits of the User and/or third parties, regardless of whether it was possible to foresee such losses or not;
• the use (inability to use) and any consequences of the use (inability to use) of the User's chosen form of payment for Services, as well as the use / inability to use by the User and/or third parties of any means and/or methods of transmitting/receiving information.
The User is fully responsible for:
• compliance with all requirements of the legislation of the Republic of Kazakhstan, including the legislation of the Republic of Kazakhstan on advertising, on intellectual property, on competition, but not limited to the above;
• the accuracy of the information provided by him when registering as a User on the Internet resource.
11. Dispute Resolution
The Parties have agreed that all disputes arising from this Agreement between the owner of the Internet resource /mobile application and the User are subject to settlement with the participation of a professional mediator with the conclusion of a mediation agreement at the site of the International Arbitration Center at the AIFC (Astana).
12. Special conditions
The owner of the Internet resource/mobile application does not guarantee that the software of the Internet resource does not contain errors or will function smoothly.
The owner of the Internet resource/mobile application is not responsible for losses or other harm caused to the User in connection with the actions of third parties.
The owner of the Internet resource/mobile application reserves the right to delete from its servers any information or materials that are unacceptable, undesirable or violate this Agreement.
The owner of the Internet resource/mobile application does not control the information, services and products located on or offered via the Internet. As a result, the User accepts the condition according to which all goods, information and services offered or available through the Internet resource or on the Internet are provided by third parties who are in no way connected with the owner of the Internet resource /mobile application. The User assumes full responsibility and risks for the use of the Internet resource and the Internet. The owner of the Internet resource/mobile application does not provide any guarantees for any goods, information and services supplied via the Internet resource or via the Internet in general.
13. Regulation and interpretation of the Agreement
This Agreement is governed by and interpreted in accordance with the laws of the Republic of Kazakhstan. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" means both the legislation of the Republic of Kazakhstan and the legislation of the User's place of residence.
Nothing in the Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Owner of the Internet resource/mobile application, not expressly provided for in the Agreement.
If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
This Agreement is drawn up in Russian and Kazakh, in some cases it may be provided to the User for review in another language. In the event of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.
14. Intellectual property rights
All objects of intellectual rights included in the FORKZ Internet resource, including design elements, graphic images, illustrations, photographs, videos, databases and other objects, are the intellectual property of the Owner of the Internet resource/mobile application, with the exception of objects of intellectual rights owned by the User (photos, scans identification document);
The User does not have the right to upload, transmit or publish content (information) unless it was created personally by the User or for which the User does not have the permission of the copyright holder.
In case of claims from third parties related to the placement of content (information), the User will independently and at his own expense settle these claims.
The Owner of the Internet resource / mobile application reserves the right, at his discretion, to transfer information about the User to any third parties who have presented sufficient (in the opinion of the Owner of the Internet resource / mobile application) evidence of violation by the User of someone's rights or requirements of the current legislation of the Republic of Kazakhstan, or decisions of state bodies.
In case of claims, lawsuits, and demands by third parties against the Owner of the Internet resource/mobile application regarding the illegal placement of intellectual property objects by the User on the FORKZ Internet resource, the User undertakes to reimburse the Owner of the Internet Resource/mobile application for all losses incurred by the latter as a result of such violation or presentation of such claims, and The owner of the Internet resource/mobile application has the right to terminate the Agreement unilaterally by deleting the User.
15. Entry into force and procedure for amending this Agreement
This Agreement comes into force for the User from the moment he joins it and is valid for an indefinite period.
The owner of the Internet resource /mobile application reserves the right to change the terms of the Agreement and all its integral parts without the consent of the User with the notification of the latter by posting on his Internet resource a new version of the Agreement or any of its integral parts that have undergone changes. In this case, the User undertakes to familiarize himself with the new content of the Agreement posted on the Internet resource. The new version of the Agreement and/or any of its integral parts shall enter into force from the moment of publication on the Internet resource, unless another date for the entry into force of the changes is determined by the Company at the time of their publication. Continued use of the Services by the User after the publication of a new version of the Agreement and/or any integral part thereof is in any case considered unconditional acceptance of all new changes to the Agreement.
18. Final provisions
The name and numbering of the articles of this Agreement are given for ease of reading and do not matter in the interpretation of these Agreements.
The proper e-mail address of the User is the personal account created in the mobile application.
If any of the provisions of the Agreement turns out to be invalid by virtue of law, it will be considered excluded from the Agreement, and the remaining provisions of the Agreement will remain in force.
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