Rules of use Neftek filling station mobile application (terms of use)

1.1. User - an individual who has installed the Application on his mobile device;
1.2. Owner - NEFTEK Operating Limited Liability Partnership;
1.3. Appendix - Mobile application of NEFTEK filling station network;

2.1. This User Agreement (hereinafter referred to as the Agreement) governs the relationship between NEFTEK Operating LLP (hereinafter referred to as the Owner) and the User arising from the use of the mobile application of the NEFTEK filling station network (hereinafter referred to as the Appendix) on the terms specified in the User Agreement.
2.2. This Agreement may be amended and/or supplemented by Owner unilaterally without any special notice to User. In this case, the appendix after making changes and/or additions to this Agreement means the User's consent to such changes and/or additions. The current version of the Agreement is available on the Owner's website - neftek.kz.
2.3. Before using the mobile application of the NEFTEK filling station network, the User undertakes to familiarize himself with the text of this Agreement. If the User does not agree with any particular provision or with the Agreement as a whole, he is obliged to terminate any use;
2.4. Installation and use by the User of the mobile application of the NEFTEK filling station network in a mobile device means that the User unconditionally and fully accepts and undertakes to comply with all the following conditions of this Agreement.
2.5. By accepting the terms of this Agreement, the User confirms his consent to the processing by the Owner of his data, including personal data entered by the user into the Application, as well as to sending messages and push notifications.
2.6. This Agreement defines how the application should be used and applies to all users using the application in any way, including the functionality of the application. By using the App, you acknowledge that you have read, understood and agree to be bound by the terms of use. Before using the Application, the User must carefully read this Agreement and unconditionally accept all its terms.
2.7. Any dispute, claim or petition in any way relating to the use of the Application will be considered in accordance with the current legislation of the Republic of Kazakhstan.

3.1. The User has the right to use the Application only for the purposes and procedure provided for by the Agreement and not prohibited by the current legislation of the Republic of Kazakhstan;
3.2. The User shall duly comply with the terms of this Agreement;
3.3. Before installing the Application on your mobile device, the user must familiarize himself with all information about the Application, which is posted on the Owner's website - neftek.kz. Installation of the application on a mobile device confirms that the User has fulfilled the obligation specified in this clause. In case of disagreement with the terms of this Agreement, the use of the Application by the User must be terminated immediately.
3.4. The user undertakes to take appropriate measures to ensure the safety of his mobile device and is personally responsible in case of access to his mobile device by third parties.
3.5. The User has no right to use the Application to perform operations aimed at making profit or other violation of the requirements of the current legislation of the Republic of Kazakhstan.
3.6. The User agrees to the Owner to process his personal data, other data that the User by his actions provides to the Owner, by placing them in the Application, in order to achieve the goals of the Application.
3.7. The Owner has the right to send to the User in any way information about the operation of the Service, including sending advertising, information and other messages to the email address or phone number specified by the User, or to place the relevant information in the Application.
3.8. The Owner has the right to block the User's access to the Application or separately to its components in case of violations by the User of this Agreement.
3.9. The Owner has the right, subject to clause 3.6. hereof, process personal data of the user, as well as other data provided by the user, in order to achieve the purposes of the Application.

4.1. The Parties undertake to take all necessary security measures and protect information and documents exchanged in the Service available to the Parties in connection with the use of the Service.
4.2. The User undertakes to independently take all necessary measures to preserve confidentiality, prevent unauthorized use and protect identification data from unauthorized access by third parties.
4.3. The Owner undertakes to keep confidential the personal data of the User, as well as other information about the User that has become known to the Developer in connection with the use of the Service, except for the cases stipulated by the current legislation of the Republic of Kazakhstan.
4.4. The Owner shall not be responsible for technical temporary failures and interruptions in the Application and its components caused by reasons beyond the Owner's control or in case of scheduled or unscheduled maintenance of the Application and its components, which may entail a temporary suspension of maintenance.
4.5. The User undertakes to comply with the provisions of this Agreement and the current legislation of the Republic of Kazakhstan, as well as the legal requirements of the Owner.
4.6. For non-fulfillment or improper fulfillment of its obligations under this Agreement, the User shall be liable in accordance with this Agreement and the current legislation of the Republic of Kazakhstan.
4.7. The user is responsible for all actions performed by him in the Application of the Neftek filling station network.
4.8. The User undertakes to independently monitor updates to the Application and timely install a new version of the Application on his device.
4.9. The User shall not allow any third party to use the Login and password.
4.10. The Owner shall not be liable for possible damage, loss or corruption of data that may occur due to the User's violation of clause 4.9. of this Agreement.
4.11. The User undertakes to take appropriate measures to keep secret the data used for Authorization in the Application, and immediately inform the Owner of the fact of the use of such data by third parties. The user bears all the risks of adverse consequences associated with the absence of such a message.
4.12. In case of changing the mobile phone number and other data (identity card, passport, driver's license, etc.) specified during Registration, the User shall inform the Owner thereof. The user bears all the risks of adverse consequences associated with the absence of such a message.
4.13. The User undertakes not to use any technologies or take any actions that may harm the Application, interests and property of the Owner.
4.14. The User shall inform the Owner's Support Service of any errors or problems encountered during the use of the Application.
4.15. The Owner shall not be liable for any breach of this Agreement if such breach is caused by force majeure, including but not limited to: actions and decisions of state authorities and/or local governments, fire, flood, earthquake, other spontaneous actions, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Owner's compliance with the terms of this Agreement.
4.16. The Owner shall not be liable for non-fulfillment or improper fulfillment of its obligations if it is caused by actions/inaction of the User beyond the control of the Company, including as a result of erroneous actions/inaction of the User.
4.17. Under no circumstances shall the Owner be liable to the User for losses, including direct, indirect, intentional, accidental or subsequent losses of any nature caused to the User due to the use or inability to use the Neftek filling station network Application.
4.18. The User understands and agrees that all actions performed within the framework of the Application after authorization using the phone number and password assigned during registration, as well as the User's inaction, are considered to be committed by the User and he independently and at his own expense bears all the consequences and risks associated with such actions/inaction of the User (including errors and inaccuracies caused by such actions/omissions).
4.19. The Owner reserves the right at any time to require the User to confirm the data specified by him within the framework of the Application, including card data, and to request supporting documents in connection with this, the failure to provide which, at the discretion of NEFTEK Operating LLP, may be equated with the provision of inaccurate information.

5.1. In the event of any dispute or controversy arising out of or in connection with the performance of this Agreement, the Parties shall use their best endeavours to resolve the dispute amicably and amicably through out of court negotiations. If disputes cannot be resolved through negotiations, all disputes, disagreements or demands shall be referred to the court at the Owner's location.
5.2. This Agreement comes into force for the user from the moment the Application is installed on the mobile device and is valid indefinitely, during the entire period of use by the User of the Application.
5.3. This Agreement shall apply to all subsequent updates/new versions of the Application. The User accepts the terms of this Agreement for relevant updates/new versions of the Application.
5.4. The Owner shall have the right to unilaterally amend the terms of this Agreement at any time. Notifications of the User about the changes made to the terms of the Agreement are posted in the new version of the Appendix.
5.5. To the extent not regulated by this Agreement, the relationship between the Owner and the User is governed by the current legislation of the Republic of Kazakhstan.