- SUBJECT OF AGREEMENT
1.1. This Agreement (hereinafter referred to as the Agreement) shall govern the relationship between Kcell JSC, acting under the License МТК No. ДС 0000270 of 08.06.1998, issued by the Ministry of Transport and Communications of the Republic of Kazakhstan, hereinafter referred to as “Operator”, and the User arising out of the provision and use of the number reservation service through the Operator’s web-page (http://www.kcell.kz).
- TERMS USED IN THIS AGREEMENT
2.1. Web-site – the Internet resource of Operator, accessible in Internet through the HTTP/HTTPS protocols under the domain name http://www.kcell.kz and all next level domain names.
2.2. Web-page – the information resource, placed on the Web-site under the domain name http://shop.kcell.kz, including all domain names of the next levels designed for Reservation of Subscriber numbers by Users.
2.3. Subscriber number – a phone number to be reserved by User on the Web-page and assigned subsequently to such User when joining to the Cellular Communication Services Public Agreement.
2.4. User – an individual, using the Web-page and the Service for Reservation purpose.
2.5. Reservation – activities of User upon selection of a subscriber number out of numbers available on the Web-page, activation of the “Reserve” function in respect of the selected number and placement by User of required information on the Web-page for subsequent Registration of the Subscriber number.
2.6. Reservation code – a unique digital code, identifying the fact of Reservation of a Subscriber number by User.
2.7. Service – the Number Reservation service provided to User through the Web-page or USSD request.
2.8. Kcell Center – a specialized customer service center of Operator, located at the addresses, specified on the Web-site.
2.9. Registration of Subscriber number – procedure of joining by User to the Cellular Communication Services Public Agreement, for which reason User is assigned the Subscriber number, reserved by User.
2.10. Period of reservation – a period of time (Astana time), which starts from the moment of reservation, during which the User can apply to Operator for the registration of the number reserved in his/her name.
- GENERAL PROVISIONS
3.1. This Agreement is a public offer, the terms and conditions of which are established by Operator according to the current legislation of the Republic of Kazakhstan and are accepted by User only through joining to this Agreement on the whole (the Accession Agreement).
3.2. This Agreement shall come into effect and be binding upon User as of the date of use of the Service.
3.3. This Agreement may be cancelled by one of the Parties for the reasons provided for herein and/or the current legislation of the Republic of Kazakhstan.
3.4. Invalidation of any of the provisions of this Agreement shall not affect the validity or enforceability of other provisions of the Agreement.
3.5. Except as provided herein, relationship between the Parties shall be governed by the laws of the Republic of Kazakhstan.
3.6. The terms of the “Number Selection” service, including payment terms, shall be established by Operator and may be reviewed unilaterally without notice to User.
- TERMS OF SERVICE
4.1. The Service allows User to reserve the Subscriber number available on the Web-page for Reservation direct from the web-page.
4.2. To reserve the Subscriber number from the Web-page, User must enter his/her personal details in the relevant field on the Web-page (full name, city, contact number, date of birth, gender, IIN, ID details), type in the code, as well as read the public offer and agree to its terms and conditions by ticking appropriate box. The User is responsible to ensure that the time of reservation falls within the working hours of Operator’s customer care centers and not on days off and holidays, in order to prevent circumstances described in cl. 5.7 hereof. The term of reservation via Web-page is 24 hours. Upon the expiration of this term, the reservation will be cancelled for this number.
4.3 User may use the Service no more than 10 times during one calendar month on shop.kcell.kz (shop.activ.kz).
4.4 Reservation via Kcell Centers is valid for 24 hours. After that the reservation will be cancelled.
4.5. Operator shall not be liable for the reliability, completeness and accuracy of information provided by User. If such information does not match the actual data, User may be refused from Registration of the Subscriber number.
4.6. Upon successful Reservation, User will be sent a reservation code via the methods as Operator may find appropriate (SMS and/or by displaying the code on his/her phone’s screen). The reservation code is a proof of the Reservation by User. In case of online reservation, reservation shall also be confirmed by the Subscriber number and details mentioned in cl. 4.2 hereof provided by User at time of Subscriber number registration.
4.7. User shall keep the reservation code and ensure its confidentiality. In case the reservation code is disclosed to third parties, User shall be liable for the consequences of such a disclosure.
4.8. Upon successful Reservation, User shall within 24 hours, apply to Kcell Center in the city specified by User at the time of Reservation. Registration of the Subscriber number shall take place within the working hours of the Kcell Center selected by User.
4.9. When applying to Kcell Center, User must bring his/her identity document (ID card, Passport, Residence Permit, and Stateless Person’s Certificate).
4.10 If User is a representative of a legal entity, he/she must furnish a valid document in support of his/her powers to register a Subscriber number/sign mobile services contract on behalf of that legal entity. User shall also provide the documents relating to that legal entity according to the Operator’s list of required documents. In this case, a Subscriber number will be registered to a legal entity.
4.11. When applying to the Kcell Center, User must provide the Subscriber number reserved and reservation code as well as his/her personal details listed in cl. 4.2 hereof. If the personal details of the requestor match those provided to Operator at the time of Reservation, Operator shall register the Subscriber number to User. Otherwise, Operator may refuse to register a Subscriber number to the User.
4.12. After Registration of a Subscriber number, the relationship between User and Operator shall be governed by the Cellular Communication Services Public Agreement. The text of the above agreement is placed by Operator on sites www.kcell.kz and www.activ.kz.
4.13 Operator may at any time unilaterally change the Service terms and conditions. Such changes shall come into effect from their publication on the Web-page.
4.14. If Operator has enough reasons to believe that the Service is used for illegal and/or commercial purposes, User access to the Service may be suspended or terminated without giving a prior or subsequent notice.
4.15. Should the User be found to have violated cl. 4.3, 4.14 hereof, Operator may cancel all reservations made by this User, without prior or subsequent notice.
4.16 On Registration of a Subscriber number, irrespective of subsequent use of a Subscriber number by User (cancellation of the agreement, number re-registration, loss of SIM-card, failure to use a Subscriber number, etc.), payment received by Operator for the “Number Selection” service shall not be subject to refund or review by Operator.
4.17 Any and all disputes and disagreement, which can arise between the Parties, shall be settled through negotiations. Failing which, such disputes and disagreement will be submitted to the court for consideration at the location of Operator according to the current legislation of the Republic of Kazakhstan.
- LIABILITY OF PARTIES
5.1. Operator shall take reasonable measures to ensure successful Reservation and Registration of a Subscriber number, but in any case it will not be liable to User or any third parties for delays, inconsistencies or any other consequences of Service use by User.
5.2. User agrees that Operator may limit the use of the Service. Operator shall not be liable for any delays, failures, incorrect or late delivery of information under the Service, since access to and use of the Service by the Subscriber depends on a number of technical conditions beyond Operator’s control.
5.3. User understands and agrees that Operator shall not be liable in any respect for any negative consequences, resulting from the use of the Service, as well as Operator’s actions stipulated in cl. 4.15 hereof.
5.4. No information, recommendation or advice offered by Operator and/or Agent as well as other parties, may be considered as guarantees, since their use can depend on a number of other circumstances, being beyond the control of Operator.
5.5. In no case shall Operator be liable for direct or indirect damage caused to User as a result of use of or impossibility to use the Service or incurred as a result of errors, gaps, interruptions in operation, files deleting, defects, delays in operation or transfer of solicited information.
5.6. User agrees that it shall be liable for reliability, completeness and accuracy of information provided within the scope of the Service. Operator may refuse to register a Subscriber number in case of any mismatch of details provided by User at the time of Reservation with actual data.
5.7. Operator shall not be liable to the User in case the latter fails to register the subscriber number within 24 hours (shop.kcell.kz, shop.activ.kz) of reservation when the reservation date falls on a holiday or day off on which Operator’s Kcell Center does not provide customer service or if the User applies outside its working hours (see Kcell Center working hours (here)).
- FORCE MAJEURE CIRCUMSTANCES
6.1. Operator does not guarantee continuous or unconditional access to the Service. Service functioning may be interrupted as a result of circumstances of insuperable force and other factors, which prevention or avoidance is beyond the control of Operator, which are of natural, man-made, mass, political or other nature (force majeure).
6.2. Access to the Service as well as use by a Subscriber of the Service depends on a number of technical conditions, which may fall beyond the sphere of activities and influence of Operator. If the Service is inaccessible for any reasons, Operator shall not bear any responsibility.
6.3. Operator shall not bear any responsibility for compatibility of the Service with data, programs, configurations and other hardware and software resources of User.
6.4. Operator shall not compensate any costs, payments, expenditures, incurred by User in the course of use of the Service or in connection therewith.
6.5. In case of force majeure circumstances as well as failures in the hardware and software complexes or as a result of third party activity aimed at suspension or termination of functioning of the Service, the Service may be suspended without giving a prior and subsequent notice to User.
Kcell Joint Stock Company
Legal address: bldng. 100, mikrorayon Samal-2, Almaty 050051, Republic of Kazakhstan.
Mailing address: 2G, Timiryazev str., Almaty 050013.