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Public Offer

Public Offer

Service Agreement for the Sale and Booking of Tickets for Theatre, Entertainment, Concert, and Sports Events

Topbilet LLP (hereinafter — the Contractor), via the website https://topbilet.kz/, publishes this Service Agreement for the sale and booking of tickets for events, which constitutes a Public Offer addressed to all interested parties, both individuals and legal entities (hereinafter — the Customer), for the conclusion of an agreement on the following terms:

Terms and Definitions:

Offer — this document, the "Public Offer," is a proposal to an indefinite number of persons to enter into an Agreement under the terms specified herein.

Acceptance — acceptance of the terms of the agreement by ordering and paying for tickets.

Service — activity aimed at meeting the needs of the Customer, the results of which have no material form.

Event — a performance or any other theatrical or entertainment occurrence.

Organizer — an individual or legal entity providing a seat quota and other necessary information about the Event.

Order — one or more tickets for a single Event, placed by one individual or legal entity, united by a single identification number.

Ticket — a document certifying the holder's right to attend a specific Event and containing all necessary information about the Event (event name, date and time, assigned seat, and ticket price).

Reservation — a formed order awaiting payment by the Customer.

Reservation Period — the period of time including the day the Order is placed and the following day. Tickets included in a specific Order are unavailable to persons other than the Customer throughout the entire Reservation Period.

Cancellation — deletion of an order and its transfer to open sale in the online booking system on the Contractor's website. If an order is not paid, it is cancelled automatically.

Website — the website located at https://topbilet.kz/

Service Fee — funds charged by the Contractor to the Buyer upon purchase of a Ticket for services rendered. The service fee amount for each Ticket is determined individually by the Contractor.

1. General Provisions

1.1. This Public Offer — Service Agreement for the sale and booking of tickets for theatrical and entertainment events (hereinafter — this Service Agreement) — governs the terms and procedure for selling tickets to Events during the sales period via the Website, as well as the obligations arising therefrom for the Contractor and the Customer.

1.2. The sale, return, and booking of tickets for the Customer are carried out exclusively under the terms of this Service Agreement and only upon its full and unconditional acceptance. Partial acceptance, or acceptance on other terms, is not permitted. The Customer's ordering of services from the Contractor shall be deemed unconditional acceptance of the terms of this Service Agreement and shall constitute the conclusion of a service agreement between them through specific actions.

2. Subject Matter of the Agreement

2.1. The provision to the Customer of services for the sale and booking of tickets for Events, in the manner and under the terms stipulated by this Service Agreement and in accordance with the Contractor's current rates.

2.2. The Contractor is responsible to the Customer for the quality of services provided under this Service Agreement.

3. Procedure and Conditions for Concluding the Agreement

3.1. The Customer confirms and agrees that prior to performing the acceptance actions established by this Service Agreement, they have read the terms of the agreement. The Customer confirms and agrees that the provisions of this Service Agreement are fully understood by them.

3.2. Full and unconditional acceptance of the terms of this Service Agreement by the Customer is deemed to have occurred upon the Customer performing the following actions:

  1. accessing the Website for the purpose of purchasing a ticket;
  2. registering on the Website and providing personal information;
  3. selecting an Event and a ticket from those available at the time of access;
  4. placing an order via the Contractor's Website or offline ticket offices, making payment, and receiving a ticket to the Event.

3.3. Completion of all actions specified in clause 3.2 of this Service Agreement constitutes full and unconditional acceptance by the Contractor of all terms of this Service Agreement without any exceptions or limitations and is equivalent to the conclusion of a written agreement.

4. Obligations and Rights of the Contractor

4.1. The Contractor undertakes to:

4.1.1. Assume responsibility for performing the following types of services: sale and processing of ticket orders and ticket purchases for Events via the online resources of the website https://topbilet.kz/ and offline ticket offices.

4.1.2. Advise the Customer on matters related to the sale and booking of tickets for Events by telephone and via email. The scope of consultation is limited to specific questions related to the provision of services.

4.1.3. Provide the Customer with services in a proper manner and quality that meets all requirements of this Service Agreement.

4.1.4. Provide the Customer with complete, accurate, and comprehensive information regarding Events.

4.1.5. Maintain confidentiality — all information received by the parties in the course of performing this agreement is confidential and shall not be disclosed to third parties.

4.2. The Contractor has the right to:

4.2.1. Require the Customer to comply with and fulfill this Service Agreement.

4.2.2. Refuse to enter into this Service Agreement, notifying the Customer thereof without explanation.

4.2.3. Amend this Service Agreement unilaterally by posting changes on the website https://auezov-theatre.kz/ no less than 7 (seven) days before they take effect.

4.2.4. Cancel a placed Order if the Customer fails to pay for the ticket.

4.2.5. Include a service fee amount at its own discretion.

5. Obligations and Rights of the Customer

5.1. Customer's Obligations:

5.1.2. Prior to concluding this agreement, read the Public Offer — Service Agreement for the sale, booking, and return of tickets for theatrical, entertainment, concert, and sports events — and the terms and instructions posted on the website https://topbilet.kz/

5.1.3. Pay for the Contractor's services in full and on time.

5.1.4. When placing an Order, provide the required correct, accurate, and complete information about the Customer. The Customer is responsible for minor children (tickets are not sold to children under 7 years of age) on whose behalf they are purchasing tickets. The Customer must familiarize themselves with the age restrictions of the specific Event regarding admission of minors. The Customer bears full responsibility for such persons and agrees that a minor child, as well as the Customer themselves, may be denied entry to the Event (or purchase of a ticket) in the event of a violation of established age restrictions.

5.2. Customer's Rights:

5.2.1. Freedom to enter into this agreement and the right to choose a Contractor under a service agreement with third parties.

5.2.2. To receive a document confirming the fact that services have been rendered.

5.2.3. To receive complete and accurate information about the service being provided.

5.2.4. To demand proper performance of this agreement by the Contractor.

6. Refund Procedure and Conditions

6.1. The Contractor does not issue refunds to the Customer for unused, expired, or lost tickets or for services rendered to the Contractor.

6.2. Tickets (purchased from the Contractor via the website https://topbilet.kz/ or at offline ticket offices) returned later than 72 hours before the start of the event are non-refundable.

6.3. If a service fee applies to an event, the service fee amount is withheld upon ticket return.

6.4. In the event of cancellation, replacement, or rescheduling of an Event at the initiative of the Organizer, the refund is processed by the Contractor. For cancelled events, a 100% refund of the face value of the returned ticket is issued.

6.5. Refunds are issued to the Customer registered in the order on https://topbilet.kz/ upon presentation of an identity document and the ticket, based on a written application from the Customer. The review period for such an application is 10 (ten) business days from the date of receipt.

6.6. The Customer acknowledges and agrees that refunds are issued only in the amount of the face value of the Ticket, subject to mandatory reimbursement of the Contractor's expenses. The commission fee is non-refundable. All refund terms are posted on the website https://topbilet.kz/

7. Limitation of Liability

7.1. The Contractor bears no responsibility for the cancellation, replacement, or rescheduling of an Event, nor for any failure or improper performance of the Service Agreement, as the Contractor is not an obligated party or a party to the transaction concluded between the Organizer and the Customer in connection with the Customer's purchase of a Ticket.

7.2. The Contractor bears no responsibility for the actions of the Event Organizer and/or other persons acting on its behalf and by its instruction or in their own name, nor for the fact of the Event taking place or its content.

7.3. The Customer confirms and agrees that the Contractor bears no responsibility for the quality or any other consumer or other properties of the Event, as the Contractor is not a party to the Service Agreement related to the conduct of the Event.

7.4. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement if such failure was caused by force majeure circumstances arising after the conclusion of the agreement as a result of extraordinary events that a party could neither foresee nor prevent by reasonable measures. Such extraordinary events include natural disasters, military actions, and acts of state authorities and management bodies.

7.5. The Contractor bears no responsibility for any losses or moral damages suffered by the Customer as a result of the Customer's mistaken understanding or misunderstanding of information regarding the procedure for processing and receiving a Ticket, attending an Event, or receiving and using services under this Agreement.

8. Payment Procedure

8.1. A ticket shall not be transferred to the Customer until it has been paid for in full.

8.2. The Customer may pay for a Ticket in the following ways:

  1. by non-cash payment via a bank (credit or debit) card of accepted international payment systems and other payment systems on the Contractor's website www.auezov-theatre.kz/;
  2. by cash payment at the Contractor's ticket office.

8.3. In the event of refusal or non-payment for reserved Tickets within 50 (fifty) minutes from the time the application is submitted, pursuant to sub-clause 1) of clause 8.2, the order is cancelled and the tickets are put back on sale.

8.4. Tickets are sent to the Customer only upon the Customer's compliance with the payment terms of this Service Agreement.

9. Final Provisions

Unless otherwise stipulated by this Agreement, other rules published on the Website also apply to the relations between the Parties. Such rules are mandatory. The Customer's agreement to the terms of this Agreement and the conclusion of the agreements referred to in clause 3.1 constitutes their full and informed consent to the application of such rules.

9.2. All amendments and/or additions to this Agreement shall be posted on the Website and shall take effect from the moment such amendments and/or additions are posted on the Website.

Terms of Service (Offer)

In accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan, an offer is recognized as a proposal to conclude an agreement made to one or more specific persons, if it is sufficiently definite and expresses the intention of the person making the proposal to consider themselves bound in the event of its acceptance. A proposal is sufficiently definite if it specifies the essential terms of the agreement or the procedure for determining them.

Pursuant to paragraph 4 of Article 395 of the Civil Code of the Republic of Kazakhstan, advertisements and other proposals addressed to an indefinite number of persons are regarded as invitations to make offers, unless otherwise expressly stated in the proposal.

Under paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, a proposal containing all essential terms of the agreement from which the intent of the person making the proposal to conclude an agreement on the stated terms with anyone who responds is evident, shall be recognized as an offer (public offer).

The text of this agreement constitutes a public offer in accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan.

Public Offer

Service Agreement for the Sale and Booking of Tickets for Theatre, Entertainment, Concert, and Sports Events

Topbilet LLP (hereinafter — the Contractor), via the website https://topbilet.kz/, publishes this Service Agreement for the sale and booking of tickets for events, which constitutes a Public Offer addressed to all interested parties, both individuals and legal entities (hereinafter — the Customer), for the conclusion of an agreement on the following terms:

Terms and Definitions:

Offer — this document, the "Public Offer," is a proposal to an indefinite number of persons to enter into an Agreement under the terms specified herein.

Acceptance — acceptance of the terms of the agreement by ordering and paying for tickets.

Service — activity aimed at meeting the needs of the Customer, the results of which have no material form.

Event — a performance or any other theatrical or entertainment occurrence.

Organizer — an individual or legal entity providing a seat quota and other necessary information about the Event.

Order — one or more tickets for a single Event, placed by one individual or legal entity, united by a single identification number.

Ticket — a document certifying the holder's right to attend a specific Event and containing all necessary information about the Event (event name, date and time, assigned seat, and ticket price).

Reservation — a formed order awaiting payment by the Customer.

Reservation Period — the period of time including the day the Order is placed and the following day. Tickets included in a specific Order are unavailable to persons other than the Customer throughout the entire Reservation Period.

Cancellation — deletion of an order and its transfer to open sale in the online booking system on the Contractor's website. If an order is not paid, it is cancelled automatically.

Website — the website located at https://topbilet.kz/

Service Fee — funds charged by the Contractor to the Buyer upon purchase of a Ticket for services rendered. The service fee amount for each Ticket is determined individually by the Contractor.

1. General Provisions

1.1. This Public Offer — Service Agreement for the sale and booking of tickets for theatrical and entertainment events (hereinafter — this Service Agreement) — governs the terms and procedure for selling tickets to Events during the sales period via the Website, as well as the obligations arising therefrom for the Contractor and the Customer.

1.2. The sale, return, and booking of tickets for the Customer are carried out exclusively under the terms of this Service Agreement and only upon its full and unconditional acceptance. Partial acceptance, or acceptance on other terms, is not permitted. The Customer's ordering of services from the Contractor shall be deemed unconditional acceptance of the terms of this Service Agreement and shall constitute the conclusion of a service agreement between them through specific actions.

2. Subject Matter of the Agreement

2.1. The provision to the Customer of services for the sale and booking of tickets for Events, in the manner and under the terms stipulated by this Service Agreement and in accordance with the Contractor's current rates.

2.2. The Contractor is responsible to the Customer for the quality of services provided under this Service Agreement.

3. Procedure and Conditions for Concluding the Agreement

3.1. The Customer confirms and agrees that prior to performing the acceptance actions established by this Service Agreement, they have read the terms of the agreement. The Customer confirms and agrees that the provisions of this Service Agreement are fully understood by them.

3.2. Full and unconditional acceptance of the terms of this Service Agreement by the Customer is deemed to have occurred upon the Customer performing the following actions:

  1. accessing the Website for the purpose of purchasing a ticket;
  2. registering on the Website and providing personal information;
  3. selecting an Event and a ticket from those available at the time of access;
  4. placing an order via the Contractor's Website or offline ticket offices, making payment, and receiving a ticket to the Event.

3.3. Completion of all actions specified in clause 3.2 of this Service Agreement constitutes full and unconditional acceptance by the Contractor of all terms of this Service Agreement without any exceptions or limitations and is equivalent to the conclusion of a written agreement.

4. Obligations and Rights of the Contractor

4.1. The Contractor undertakes to:

4.1.1. Assume responsibility for performing the following types of services: sale and processing of ticket orders and ticket purchases for Events via the online resources of the website https://topbilet.kz/ and offline ticket offices.

4.1.2. Advise the Customer on matters related to the sale and booking of tickets for Events by telephone and via email. The scope of consultation is limited to specific questions related to the provision of services.

4.1.3. Provide the Customer with services in a proper manner and quality that meets all requirements of this Service Agreement.

4.1.4. Provide the Customer with complete, accurate, and comprehensive information regarding Events.

4.1.5. Maintain confidentiality — all information received by the parties in the course of performing this agreement is confidential and shall not be disclosed to third parties.

4.2. The Contractor has the right to:

4.2.1. Require the Customer to comply with and fulfill this Service Agreement.

4.2.2. Refuse to enter into this Service Agreement, notifying the Customer thereof without explanation.

4.2.3. Amend this Service Agreement unilaterally by posting changes on the website https://auezov-theatre.kz/ no less than 7 (seven) days before they take effect.

4.2.4. Cancel a placed Order if the Customer fails to pay for the ticket.

4.2.5. Include a service fee amount at its own discretion.

5. Obligations and Rights of the Customer

5.1. Customer's Obligations:

5.1.2. Prior to concluding this agreement, read the Public Offer — Service Agreement for the sale, booking, and return of tickets for theatrical, entertainment, concert, and sports events — and the terms and instructions posted on the website https://topbilet.kz/

5.1.3. Pay for the Contractor's services in full and on time.

5.1.4. When placing an Order, provide the required correct, accurate, and complete information about the Customer. The Customer is responsible for minor children (tickets are not sold to children under 7 years of age) on whose behalf they are purchasing tickets. The Customer must familiarize themselves with the age restrictions of the specific Event regarding admission of minors. The Customer bears full responsibility for such persons and agrees that a minor child, as well as the Customer themselves, may be denied entry to the Event (or purchase of a ticket) in the event of a violation of established age restrictions.

5.2. Customer's Rights:

5.2.1. Freedom to enter into this agreement and the right to choose a Contractor under a service agreement with third parties.

5.2.2. To receive a document confirming the fact that services have been rendered.

5.2.3. To receive complete and accurate information about the service being provided.

5.2.4. To demand proper performance of this agreement by the Contractor.

6. Refund Procedure and Conditions

6.1. The Contractor does not issue refunds to the Customer for unused, expired, or lost tickets or for services rendered to the Contractor.

6.2. Tickets (purchased from the Contractor via the website https://topbilet.kz/ or at offline ticket offices) returned later than 72 hours before the start of the event are non-refundable.

6.3. If a service fee applies to an event, the service fee amount is withheld upon ticket return.

6.4. In the event of cancellation, replacement, or rescheduling of an Event at the initiative of the Organizer, the refund is processed by the Contractor. For cancelled events, a 100% refund of the face value of the returned ticket is issued.

6.5. Refunds are issued to the Customer registered in the order on https://topbilet.kz/ upon presentation of an identity document and the ticket, based on a written application from the Customer. The review period for such an application is 10 (ten) business days from the date of receipt.

6.6. The Customer acknowledges and agrees that refunds are issued only in the amount of the face value of the Ticket, subject to mandatory reimbursement of the Contractor's expenses. The commission fee is non-refundable. All refund terms are posted on the website https://topbilet.kz/

7. Limitation of Liability

7.1. The Contractor bears no responsibility for the cancellation, replacement, or rescheduling of an Event, nor for any failure or improper performance of the Service Agreement, as the Contractor is not an obligated party or a party to the transaction concluded between the Organizer and the Customer in connection with the Customer's purchase of a Ticket.

7.2. The Contractor bears no responsibility for the actions of the Event Organizer and/or other persons acting on its behalf and by its instruction or in their own name, nor for the fact of the Event taking place or its content.

7.3. The Customer confirms and agrees that the Contractor bears no responsibility for the quality or any other consumer or other properties of the Event, as the Contractor is not a party to the Service Agreement related to the conduct of the Event.

7.4. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement if such failure was caused by force majeure circumstances arising after the conclusion of the agreement as a result of extraordinary events that a party could neither foresee nor prevent by reasonable measures. Such extraordinary events include natural disasters, military actions, and acts of state authorities and management bodies.

7.5. The Contractor bears no responsibility for any losses or moral damages suffered by the Customer as a result of the Customer's mistaken understanding or misunderstanding of information regarding the procedure for processing and receiving a Ticket, attending an Event, or receiving and using services under this Agreement.

8. Payment Procedure

8.1. A ticket shall not be transferred to the Customer until it has been paid for in full.

8.2. The Customer may pay for a Ticket in the following ways:

  1. by non-cash payment via a bank (credit or debit) card of accepted international payment systems and other payment systems on the Contractor's website www.auezov-theatre.kz/;
  2. by cash payment at the Contractor's ticket office.

8.3. In the event of refusal or non-payment for reserved Tickets within 50 (fifty) minutes from the time the application is submitted, pursuant to sub-clause 1) of clause 8.2, the order is cancelled and the tickets are put back on sale.

8.4. Tickets are sent to the Customer only upon the Customer's compliance with the payment terms of this Service Agreement.

9. Final Provisions

Unless otherwise stipulated by this Agreement, other rules published on the Website also apply to the relations between the Parties. Such rules are mandatory. The Customer's agreement to the terms of this Agreement and the conclusion of the agreements referred to in clause 3.1 constitutes their full and informed consent to the application of such rules.

9.2. All amendments and/or additions to this Agreement shall be posted on the Website and shall take effect from the moment such amendments and/or additions are posted on the Website.

Terms of Service (Offer)

In accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan, an offer is recognized as a proposal to conclude an agreement made to one or more specific persons, if it is sufficiently definite and expresses the intention of the person making the proposal to consider themselves bound in the event of its acceptance. A proposal is sufficiently definite if it specifies the essential terms of the agreement or the procedure for determining them.

Pursuant to paragraph 4 of Article 395 of the Civil Code of the Republic of Kazakhstan, advertisements and other proposals addressed to an indefinite number of persons are regarded as invitations to make offers, unless otherwise expressly stated in the proposal.

Under paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, a proposal containing all essential terms of the agreement from which the intent of the person making the proposal to conclude an agreement on the stated terms with anyone who responds is evident, shall be recognized as an offer (public offer).

The text of this agreement constitutes a public offer in accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan.