PUBLIC OFFER
Offer for the provision of services for booking and selling tickets for
theatrical, entertainment, concert and sporting events.
Prime Plaza LLP (hereinafter referred to as the Contractor), through the
website: https://ticketgo.kz/ publishes this Agreement for the provision of
services for the sale and booking of tickets for events, which is a Public
offer addressed to everyone, both individuals and legal entities (hereinafter
referred to as the Client) to enter into an agreement on the following:
1. Terms and definitions
In alphabetical order:
Acceptance - acceptance of the terms of this
offer agreement by ordering and paying for tickets;
Cancellation - deletion of an order with their
transfer to free sale in the on-line booking system on the Contractor’s
website. If the order is not paid, it is canceled automatically;
Ticket - a document certifying the bearer’s right
to attend a specific Event and containing all the necessary information about
the Event (name of the event, date and time, allocated seat and ticket price);
Reservation - a completed order that is awaiting
payment by the Client;
Order - one or more tickets for one Event, issued
from one individual or legal entity, united by a single identification number;
Event - a performance, as well as any other
theatrical and entertainment events;
Organizer - an individual or legal entity
providing a quota of places and other necessary information about the Event;
Offer - this document “Public Offer” is an offer
to an indefinite number of persons to conclude an Agreement on the terms
specified in the agreement;
Website - a website on the Internet located at:
https://ticketgo.kz/
Service fee - money for services collected by the
Contractor from the Client when purchasing a Ticket. For each Ticket, the
amount of the service fee is determined by the Contractor individually;
Service is an activity aimed at meeting the
Client’s needs, the results of which do not have material expression.
2. Subject of the agreement
2.1. Providing the Client with services for the
sale and booking of tickets for Events, in the manner and under the conditions
provided for in this offer agreement for the provision of services and in
accordance with the current tariffs of the Contractor.
2.2. The Contractor is responsible to the Client
for the quality of services provided under this service agreement.
3. Procedure and conditions for concluding an agreement.
3.1. The Client confirms and agrees that before
performing the acceptance actions established by this offer agreement, he has
read the terms of this offer agreement, confirms and agrees that the provisions
of this agreement for the provision of services are completely clear to him.
3.2. Full and unconditional acceptance by the
Client of the terms of this agreement for the provision of services is
recognized as the following actions:
1) the Client accesses the Site to purchase a ticket;
2) registration of the Client on the Site with provision of information
about himself,
or
selection of an Event and a ticket from those available at the time of
accessing the Site.
3) placing an order through the Contractor’s Website, paying and receiving
a ticket for the Event.
3.3. Performing all actions specified in clause 3.2. of this offer
agreement means the Client’s full and unconditional acceptance of all the terms
of this agreement for the provision of services without any exceptions or
restrictions and is equivalent to the conclusion of a written agreement.
4. Obligations and rights of the Contractor.
4.1. The Contractor undertakes:
4.1.1. The Contractor undertakes the obligation
to provide the following types of services, sales, registration of ticket
orders and purchase of tickets for Events through the online resources of the
site: https://ticketgo.kz/.
4.1.2. Consulting the Client on the sale and
booking of tickets for Events, through telephone conversations, as well as via
email. The scope of consultation is limited to specific issues related to the
provision of services.
4.1.3. Provide the Client with the service in an appropriate manner and
with quality that meets all the requirements of this offer agreement.
4.1.4. Provide the Client with complete, reliable and comprehensive
information regarding the Events.
4.1.5. Comply with confidentiality conditions, i.e. all information
received by the parties as part of the execution of this agreement is
confidential and is not subject to disclosure to third parties.
4.2. The performer has the right:
4.2.1. Require the Client to comply with and execute this offer agreement;
4.2.2. Has the right to refuse to conclude this offer agreement by
notifying the Client, without giving reasons;
4.2.3. Change this offer agreement unilaterally by posting it on the
website: https://ticketgo.kz/ of the Contractor, no less than 7 (Seven) days
before the start of its validity;
4.2.4. Cancel the placed Order if the Client does not pay the cost of the
ticket;
4.2.5. It is at your discretion to include the amount of the service fee.
5. Responsibilities and rights of the Client.
5.1. Client's responsibilities:
5.1.2. Before concluding this agreement, he will
familiarize himself with the content of the Public Offer of the Agreement for
the provision of services for the sale, booking and return of tickets for
theatrical, entertainment, concert and sporting events and the conditions,
instructions posted on the website: https://ticketgo.kz/
5.1.3. Pay for the Contractor's services in a
timely manner and in full;
5.1.4. When placing an Order, provide the necessary correct, accurate and
complete information about the Client. The client is responsible for minor
children (tickets are not sold to children under 7 years old) in whose
interests he purchases tickets. The Client is obliged to familiarize himself
with the restrictions of a particular Event regarding the admission of minor
children to it. The Client is fully responsible for such persons and agrees
that a minor child, as well as the Client himself, may be denied access to the
Event (purchase of a ticket) in case of violation of the established age
restrictions;
5.2. Client Rights:
5.2.1. The freedom to conclude this agreement and the right to choose the
Contractor under the agreement for the provision of services from third
parties;
5.2.2. Receive a document confirming the provision of services.
5.2.3. Receive complete and reliable information about the service
provided.
5.2.4. Require proper execution of this agreement by the Contractor.
6. Procedure and conditions for refund
6.1. The Contractor does not refund money to the
Client for unused, expired or lost tickets to the Client and for Services
provided to the Contractor.
6.2. Tickets (purchased from the Contractor
through the website: https://ticketgo.kz/) returned later than 72 hours before
the start of the event are non-refundable.
6.3. If there is a service fee for the event, the
amount of the service fee will be withheld when returning the ticket.
6.4. In case of cancellation, replacement or
postponement of the Event at the initiative of the Organizer, the refund is
made by the Contractor. When returning a ticket for canceled events, a 100%
refund of the face value of the returned ticket is made.
6.5. Refunds are made to the Client registered in the order
https://ticketgo.kz/ upon presentation of an identification document and a ticket,
based on a written application from the Client. The period for consideration of
such an application is 10 (Ten) working days from the date of receipt of the
application.
6.6. The Client accepts and agrees that money is refundable only in the
amount of the nominal value of the Ticket, subject to mandatory compensation
for the Contractor's expenses. The commission fee is non-refundable. All return
conditions are posted on the website: https://ticketgo.kz/
7. Limitation of liability
7.1. The Contractor is not responsible for the
cancellation, replacement or postponement of the Event, as well as for any
cases of non-fulfillment and (or) improper execution of the Service Agreement
due to the fact that the Contractor is not an obligated person, as well as a
party to such a transaction concluded between the Organizer and the Client , in
connection with the purchase of the Ticket by the latter.
7.2. The Contractor is not responsible for the
actions of the Event Organizer and (or) other persons acting on his behalf and
on his behalf or on his own behalf, as well as the very fact of holding and
content of the Event.
7.3. The Client confirms and agrees that the Contractor is not responsible
for the quality, as well as for other consumer and other properties (quality)
of the Event, since it is not a party to the Service Agreement in connection
with the Event.
7.4. The parties are released from liability for partial or complete
failure to fulfill obligations under this agreement if this failure was the
result of force majeure circumstances that arose after the conclusion of the
agreement as a result of extraordinary events that the participant could
neither foresee nor prevent by reasonable measures (force majeure). Such
emergency events include natural disasters, military actions, acts of
government authorities and management.
7.5. The Contractor is not responsible for any losses and moral damages
incurred by the Client as a result of his erroneous understanding or
misunderstanding of information about the procedure for issuing and receiving a
Ticket, attending the Event, as well as receiving and using services under this
agreement.
7.6 After purchasing a ticket, the Client is responsible for its safety. In
case of copying, loss or damage of the ticket, the Client will be denied access
to the event.
8. FORCE MAJEURE
8.1. The parties are released from liability for
partial or complete failure to fulfill obligations under this agreement if this
failure was the result of force majeure circumstances that arose after the conclusion
of the agreement on the terms of this Offer, as a result of extraordinary
events that the participant could neither foresee nor prevent by reasonable
measures (force majeure). Force majeure circumstances include,
in particular, strikes, floods, earthquakes, hurricanes, epidemics (pandemics),
other natural disasters and military actions (local and international scale),
diseases and (or) ailments of artists participating in the Event, as well as
man-made and man-made disasters, acts of state authorities and local
self-government, as well as actions (inaction) of the Contractor's
counterparties, which complicate the proper execution of contracts concluded
under the terms of this Offer without disproportionate losses.
9. Procedure for making payments
9.1. The ticket is not transferable to the Client
until it is paid in full.
9.2. The Client has the right to pay for the
Ticket non-cash using a bank (credit or debit) card of acceptable international
payment systems.
9.3. In case of refusal or failure to pay for the
reserved Tickets within 20 (Twenty) minutes from the moment of filling out the
application, in accordance with clause 9.2), this leads to the cancellation of
such an order and the ticket being put up for sale.
9.4. The Ticket is sent to the Client only if the
Client complies with the terms of this service agreement on payment for the
Ticket.
10. Final provisions
10.1. To
the extent that otherwise is not established by this agreement, other rules
published on the Site also apply to the relations of the Parties. These rules
are mandatory. The Client’s agreement with the terms of this agreement and the
Client’s conclusion of the Agreements specified in clause 3.1 means his full
and informed consent to the application of such rules.
10.2. All changes and (or) additions made to this
agreement are subject to posting on the Site and come into force from the
moment such changes and (or) additions are posted on the Site.
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 an
offer to conclude a contract made to one or more specific persons, if it is
sufficiently specific and expresses the intention of the person who made the
offer to consider himself bound in the event of its acceptance (acceptance). A
proposal is sufficiently definite if it specifies the essential terms of the
contract or the procedure for determining them.
According to paragraph 4 of Article 395 of the Civil Code of the Republic
of Kazakhstan, advertising and other offers addressed to an indefinite number
of persons are considered as an invitation to make offers, unless otherwise
expressly stated in the offer.
Based on paragraph 5 of Article 395 of the Civil Code of the Republic of
Kazakhstan, an offer containing all the essential terms of the contract, from
which the will of the person making the offer is discerned, to conclude an
agreement on the conditions specified in the offer with anyone who responds, is
recognized as an offer (public offer).
The text of this agreement is a public offer in accordance with paragraph 1
of Article 385 of the Civil Code of the Republic of Kazakhstan.
