PUBLIC CONTRACT (OFFER AGREEMENT)

 

 

1. GENERAL PROVISIONS

1.1. The text of the Offer set forth below constitutes an official public proposal addressed to individuals and legal entities to conclude a Service Agreement in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The Service Agreement shall be deemed concluded and come into force upon the performance by the individual or legal entity of actions stipulated in this Offer, which shall signify the full and unconditional acceptance by the individual or legal entity of all terms of this Offer without any exceptions or limitations, under the terms of accession.
1.2. The Public Foundation “HOPE” - Help Others Pursue Education, as the Organizer of the event and ticket Seller (hereinafter referred to as the “Seller”), offers Internet users (hereinafter referred to as the “Buyer”) the use of the ticket purchasing service available at: https://hopeworldcongress.com/ (hereinafter referred to as the “Service”) to purchase Tickets for the event organized by the Seller.
1.3. The Service provides the Buyer with access to information about the event—the First World Congress on Inclusive Education— including information about the venue and time, texts, illustrations, photographs, graphics, audio and video materials, and other information about the event (hereinafter referred to as the “Materials”), as well as the cost of Tickets to attend the event, provided by the Seller.
1.4.  The ticket prices published on the Seller's Website prior to purchase do not constitute an offer; the actual price is subject to clarification based on the rates available on the date of the actual purchase of Tickets on the Seller's Website.
1.5. The terms of the Offer may be changed by the Seller without any special notice, and the new version of the Offer shall come into force from the moment it is posted on the Internet at:  https://hopeworldcongress.com/, unless otherwise provided by the new version of the Offer.
1.6. In the event that the Seller has made any changes to this Offer in the manner provided for in clause 1.5 of these Terms, and the Buyer does not agree with them, the Buyer shall cease using the Service.

2. TERMS AND DEFINITIONS

System – an electronic ticket sales system designed to operate with the System’s informational resources, carry out the sale of Tickets for the Event, as well as to form databases of sold Tickets, including the internet portal https://hopeworldcongress.com/ and embedded widgets on partner internet portals. 
Website – the Seller’s internet portal https://hopeworldcongress.com/, as well as other internet resources, including but not limited to the Seller’s websites and mobile applications.
Event – the First World Congress on Inclusive Education, a business event held at a specially designated venue, admission to which is possible upon presentation of a Ticket.
Ticket – a strict accountability document issued to the Buyer using the System, certifying the conclusion of a contract between the Seller and the Buyer, granting its holder the right to attend the Event.
Ticket Buyer (Buyer) – an individual or legal entity in whose name the order for the purchase of a Ticket is made.
Ticket Code – a QR code sent to the Buyer upon purchase of the Ticket, which must be presented to the Seller for admission to the Event.

 

3.  SUBJECT OF THE AGREEMENT

3.1 Under the terms of this Offer, the Seller provides the Buyer with the opportunity to purchase Tickets for the Event through the System at the price specified at the address ________.

 

4. TERMS OF TICKET PURCHASE THROUGH THE SYSTEM

4.1. By using the System, the Buyer agrees to the terms of the Offer on the conditions, procedures, and scope set forth therein.
4.2. When purchasing Tickets, the Buyer confirms that:
a) they have fully read and understood the provisions of this Offer;
b) they understand and accept the terms of the Offer;
c) they understand the significance and consequences of their actions when accepting the terms of the Offer.
4.3. Upon purchasing a Ticket, the Buyer enters into a direct contractual relationship with the Seller. Obligations concerning the organization and holding of the Event(s), the right to attend which is confirmed by the Ticket, lie with the Seller.
4.4. The essential terms of the agreement concluded between the Buyer and the Seller (the name of the Event, venue, date and time of the Event, seat in the hall, the Ticket price set by the Seller) are determined by the Buyer when purchasing the Ticket through the System and are indicated on the Ticket. The Ticket also contains a corresponding identifier (QR code) necessary for admission to the Event.
4.5. The Ticket is considered purchased by the Buyer after payment and receipt of notification in the form of an electronic ticket with a code sent to the email address provided by the Buyer at the time of purchase.
4.6. If the Buyer does not receive the Ticket within 3 (three) business days from the date of purchase, they should contact the Seller’s customer support to clarify the status of the Order. In the event that the Seller’s customer support does not confirm the existence of an active order for the Buyer, but payment has been made and documented, the Buyer shall be promptly refunded the amount paid or offered an alternative purchase option, or the Seller may propose an alternative method of fulfilling their obligation. In the absence of claims from the Buyer, such an alternative will be considered proper fulfillment of the Seller’s obligations under the Offer.
4.7. The Buyer confirms their consent that the personal information provided to the Seller when placing Ticket orders and/or during subsequent or prior personal communications with the Seller’s employees may be transferred to third parties, including by cross-border transfer, for the purposes of storage and/or processing. The Seller has contractual relationships exclusively for the purposes of storage and processing with such third parties. The Seller guarantees that such contracts contain necessary provisions to ensure confidentiality and non-disclosure of such data. The Buyer agrees that the Seller has the right to store the information provided when purchasing, paying for, and/or receiving the Ticket for no less than three years from the date of performance of the relevant Agreement by the Seller.
4.9. When purchasing and/or receiving Tickets using the Seller’s System, the Buyer consents to receiving from the Seller: (i) emails which the Seller may send after the completion of the purchase, including in the event of cancellation of the Event; (ii) messages, including voice messages (SMS, WhatsApp, or other messengers), to the phone number/messenger specified by the Buyer.
4.10. The Buyer hereby confirms that the information they provide about themselves when purchasing Tickets through the Seller’s System is accurate, up-to-date, and ensures the ability of the Seller's staff to contact them in case of circumstances requiring such notification.
 

5. RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller undertakes to:
5.1.1. Carry out the sale and processing of Ticket orders for the Event, in accordance with the Buyer's requests made during the Ticket purchase process through the System, based on best efforts.
5.1.2. Provide consultations to the Buyer on matters related to the sale of Tickets for the Event via chats, social networks, messengers, and/or email.
5.1.3. Provide services to the Buyer properly and with a quality that meets all the requirements of this Offer.
5.1.4. Grant the Buyer the right to attend all official Events held on the scheduled dates. The Buyer is entitled to attend all sessions, panel discussions, master classes, and other activities included in the official Event program over the course of three days.
5.1.5. Ensure identification by providing the Buyer with a badge, which is a mandatory confirmation for entry to the Event venue.
5.1.6. Throughout all Event days, provide international Buyers with support, including informational assistance, navigation help within the venue, and coordination of participation in various activities.
5.1.7. Provide the Buyer with full, accurate, and comprehensive information regarding the Event by posting such information on the Seller's website.
5.1.8. In the event of cancellation or rescheduling of the Event, promptly notify Buyers through one or more available communication channels. If the Seller has fulfilled all notification obligations, but the Buyer fails to receive/see the message, has changed their phone number, or does not use messengers, email, or social networks, the responsibility for not attending the Event lies fully with the Buyer.
 5.1.9. Not disclose the personal data provided by the Buyer to third parties. Disclosure of such information to the Seller's employees and other persons engaged to fulfill obligations to the Buyer under clause 4.7 of this Offer does not constitute a breach. Disclosure of such information to state authorities in accordance with the legislation of the Republic of Kazakhstan also does not constitute a breach.
 
5.2. The Seller has the right to:
5.2.1.Require the Buyer to comply with and fulfill the terms of this Offer.
5.2.2. Refuse to provide services, having notified the Buyer, without stating a reason.
5.2.3. Cancel a Ticket order if it is not paid for by the Buyer within the time frame allocated for payment of the Event.
 5.2.4. Send informational and promotional emails and SMS messages to the Buyer’s email address, messengers, and mobile phone.
 5.2.5. Set a limit on the number of Tickets that can be purchased by one Buyer in a single order through the System. The Seller may, at its discretion, establish a limit on the number of tickets available for purchase by a Buyer using specific contact details (email address and phone number) for the Event.
 5.2.6. Amend the terms of this Offer at any time unilaterally, ensuring that the revised terms are published on the Website.
5.2.7. In the event that, after completing the purchase via the System, the Seller is unable to provide the Buyer with the Ticket or fulfill other obligations under this Offer due to technical or any other reason (including, but not limited to, cases of technical malfunction of the System, regardless of the nature of such malfunction, as well as cases of excessive load on the System caused by its users (Buyers)), the Seller shall have the right to offer the Buyer an alternative method of fulfilling its obligation under the Ticket (including, but not limited to, the payment of compensation in various forms). The original obligation of the Seller under the Ticket shall be considered terminated due to the provision of an alternative performance by the Seller (Organizer) in accordance with the rules on consideration under Article 369 of the Civil Code of the Republic of Kazakhstan (General Part).
 

6. RIGHTS AND OBLIGATIONS OF THE BUYER

6.1.  The Buyer has the right to:
6.1.1. Receive confirmation of the Ticket purchase (including, but not limited to, via email or messenger).
6.1.2. Obtain full and accurate information about the Event and the terms of participation.
6.1.3. Exchange and/or return the Ticket and receive a refund of its cost, minus any applicable deductions.
6.1.4. In the case specified in Clause 5.2.7 of this Offer, the Buyer shall have the right to either return the purchased Ticket in the prescribed manner and receive the corresponding monetary compensation, or unconditionally and irrevocably accept / agree to an alternative method of performance by the Seller of its obligation under the Ticket (including, but not limited to, the payment of compensation in various forms) in accordance with the rules on consideration as provided in Article 369 of the Civil Code of the Republic of Kazakhstan.
6.2. The Buyer undertakes to:
6.2.1. Be solely responsible for the accuracy of the personal and contact details provided for badge issuance and coordination of support services, as well as for the safekeeping of the received badge.
In the event of any changes to personal data, the Buyer must promptly update their contact information with the Seller’s support service to ensure proper notifications regarding attendance and/or schedule changes for the Event.
6.2.2. Comply with the rules of conduct, including session attendance policies, safety requirements, and internal regulations of the Event.
6.2.3. Show respect towards the organizers, speakers, and other participants of the Event.
We expect each international guest to demonstrate a high level of professional ethics, respect for the host country’s culture, and constructive engagement throughout the Event.

 

7. TICKET REFUND CONDITIONS

7.1. If the Buyer requests a refund of a previously purchased Ticket, the Seller has the right to refuse such a refund if there are fewer than one (1) month remaining before the start of the Event.
7.2. If the Buyer requests a refund of a Ticket outside the time frame specified in Clause 7.1 of this Agreement and for reasons beyond the Seller’s control, the Seller is entitled to withhold a compensation fee for processing the refund.
7.2.1. The withheld compensation fee for a refunded Ticket purchased for the Event amounts to 70% of the Ticket’s face value.
7.2.2. Only Tickets purchased through the Seller’s System are eligible for a refund.
7.3. In the event of Event cancellation, rescheduling, or replacement, the Seller shall process the return of the Ticket and refund the amount paid to the Buyer’s bank card within ten (10) banking days.
 

8. LIMITATION OF LIABILITY

8.1. A Party that fails to perform or improperly performs its obligations under this Agreement shall be held liable in accordance with the applicable legislation of the Republic of Kazakhstan.
8.2. The Seller shall not be held liable for any losses or moral damages incurred by the Buyer due to the Buyer’s misinterpretation or misunderstanding of information related to the procedure for ordering and receiving a Ticket, attending the Event, or receiving and using the services covered by this Offer.
8.3. The Seller shall not be liable for potential risks related to ensuring the safe provision of Services, or for network attacks or hacking of the Website, including but not limited to, technical failures causing disruptions in the Website’s operation.
 

9. FORCE MAJEURE

9.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under this Agreement for the duration of force majeure circumstances. Force majeure shall mean extraordinary and unavoidable events that prevent a Party from fulfilling its obligations under this Agreement. Such events include natural disasters; exposure to nuclear explosions, radiation (ionizing radiation), or radioactive contamination caused by nuclear weapons, industrial or scientific research activities, or radioactive waste; war, military invasion, hostile actions of a foreign enemy, military operations, maneuvers, or activities of a military nature; civil war, armed rebellion, public unrest of any kind, mass disturbances, violent seizure or retention of power; epidemics, epizootics, extreme weather conditions, terrorist acts, strikes, seizure, confiscation, requisition, nationalization, etc. The Party affected by such circumstances shall notify the other Party of their occurrence as soon as reasonably possible. Publicly known events do not require further confirmation, while other events must be substantiated with supporting documents, including but not limited to, those issued by competent government authorities.
 

10. PROCEDURE FOR HANDLING CLAIMS AND DISPUTES

10.1. All disagreements or disputes that may arise shall, whenever possible, be resolved by the Parties through negotiations.
10.2. If no agreement is reached through pre-trial settlement procedures for any reason, any dispute arising out of this Agreement shall be subject to consideration by the Interdistrict Economic Court of Astana, at the Seller’s place of registration.
10.3. The Buyer’s claims regarding the Services provided shall be accepted and reviewed by the Seller only in writing, in accordance with the procedures and timeframes established by the current legislation of the Republic of Kazakhstan.
10.4. In order to resolve technical issues related to determining the Buyer’s fault as a result of improper use of the System, the Seller shall have the right to independently engage competent organizations as experts. If the Buyer is found to be at fault, they shall reimburse the Seller for the costs of such expert review.

11. MISCELLANEOUS

11.1. This Agreement enters into force on the date the Buyer confirms their acceptance of the terms of this Public Offer by completing the purchase of the Ticket, which constitutes accession to the Agreement.
11.2. The Buyer has the right to unilaterally terminate this Agreement, provided the Seller has no outstanding obligations under the Agreement, by submitting a corresponding written notice to the Seller no later than thirty (30) calendar days prior to the intended termination date. The Buyer acknowledges and agrees that if non-refundable tickets have been purchased (as clearly indicated on the Seller’s website), such amounts shall not be subject to refund. The Buyer shall retain the right to withdraw the termination request.
11.3. The Seller has the right to unilaterally terminate this Agreement by publishing an appropriate notice on the Seller’s official website or by sending a corresponding written notice to the Buyer no less than thirty (30) calendar days prior to the intended termination date, using the contact details provided by the Buyer at the time of Ticket purchase.
11.4. All matters not expressly regulated by this Agreement shall be governed by the applicable legislation of the Republic of Kazakhstan.
 

12. SELLER DETAILS:

 

Public Foundation "HOPE – Help Others Pursue Education"
Legal address: Almaty, Republic of Kazakhstan
BIN: 250440026890
KZT Account (IBAN): KZ498562203145557390
USD Account (IBAN): KZ988562203246081294
JSC "Bank CenterCredit"
BIC: KCJBKZKX
KBE: 18