IMPORTANT – THE USER SHOULD READ CAREFULLY THESE TERMS AS THEY GOVERN THE USER’S ACCESS TO AND USE OF THE WEBSITE. AIX WEBSITE IS WILLING TO ALLOW THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT THE USER ACCEPTS AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND THE USER MUST IMMEDIATELY DISCONTINUE ITS USE. THE WEBSITE IS PROVIDED “AS IS” BASIS WITH NO REPRESENTATIONS, GUARANTEE OR AGREEMENT OF ANY KIND AS TO ITS FUNCTIONALITY. AIX CANNOT GUARANTEE THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO THE USER’S DEVICE. AIX IS NOT RESPONSIBLE FOR ANY LOSS THE USER MAY INCUR AS A RESULT OF THIS.
DEFINITIONS
“AIFC” means Astana International Financial Centre;
“AIX” means Astana International Exchange Limited, a private company incorporated under the AIFC Laws which is the owner of the website;
“applicable law” or “AIFC Laws” mean the Acting Law of the Astana International Financial Centre as amended from to time;
“Device” means an electronic equipment through which the user accesses the website; “Terms” means these Terms of Use;
“user” means a person who has accessed and uses the website;
“website” – аcording this Terms will refer to aix.kz.
In these Terms, the headings are for ease of reference only and shall not be taken into account in construing or interpreting the Terms.
Privacy and Security
It is important that the user understands what, how and for what purposes AIX collects, processes the user’s personal data and how the user can control it. This is explained in detail in the Privacy Policy of the website.
USING THE WEBSITE
1.1. AIX hereby grants the user a non-exclusive, non-transferable, revocable right to use the website for user’s own use.
1.2. In accessing and using the website, the user agrees that it will not:
1.2.1 Alter, modify or adapt all or any part of the website;
1.2.2 Remove or tamper with any copyright notice attached to or contained within the website;
1.2.3 Decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the content or any part thereof;
1.2.4 Impersonate anyone or use a false name or a name the user is unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity, any other information or facts presented upon use of the website;
1.2.5 Make available or upload files that contain software or other material, data or information not owned or licensed to the user or collect information about others without their prior consent;
1.2.6 Damage, interfere with or disrupt access to the website or do anything which may interrupt or impair functionality;
1.2.7 Make any commercial or business use of the website or resell or commercially benefit from any part or aspect of the website;
1.2.8 Publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene
1.2.9 Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
1.2.10 Falsify the true ownership of website or other material or information contained in files made available via the website;
1.2.11 Obtain or attempt to obtain unauthorised access, through whatever means, to the website, other services or computer systems or areas of the network.
1.2.12 Use the website to store or transmit a virus or malicious code;
1.2.13 Use the website to transmit unsolicited emails or engage in spamming;
1.2.14 Use any form of data mining, extraction, or scraping on the website and/or the contents available therein for machine learning or other purposes.
1.3 The user represents and warrants that:
1.3.1 It is legally capable to use the website for its own use;
1.3.2 The user has done and undertakes to do any and all acts required to use the website, as well as for the performance of the user’s relevant obligations;
1.3.3 Use of the website is not in breach and shall not result in a violation of any applicable laws;
1.3.4 The user has read carefully and accepts all the requirements and undertakes to comply with all obligations indicated in these Terms, Privacy and Cookie Policy.
1.4 The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication in any form.
2 INTELLECTUAL PROPERTY
2.1 All rights, including copyright and database right on the website and its contents, are owned by or licensed to the AIX, or otherwise used by the AIX authority as permitted by applicable law.
The user shall acknowledge and agree that all content, materials and source code available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other IP rights and laws.
3 RESPONSIBILITIES AND AVAILABILITY OF THE WEBSITE
3.1 While AIX website makes reasonable efforts to provide the access to the website, AIX will not be liable for any failure to provide access to the website services or comply with the Terms in part or in full, due to abnormal and unforeseen circumstances beyond its’ control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes but not limited to network failures, connectivity loss or other access issues AIX will not be liable for any failures, actions or inactions of the third parties required to the due provision of the website. See Disclaimer of the website.
3.2 AIX will make all reasonable effort to protect the security, confidentiality and integrity of the website, its data and privacy of the user through use of information technology security techniques and application security techniques. See Statement of Applicability of the website.
4 INFORMATION AND CYBERSECURITY
User’s information and cybersecurity obligations
4.1 The user must take all reasonable measures to prevent fraudulent use of the website.
4.2 AIX will communicate with the user in a way that resists social engineering attacks.
4.3 The user will not be asked for passwords, nor will the user be asked to click on any security related links. If the user receives any such request from anyone (even if they are using AIX name and logo and appear to be genuine) then it is likely to be fraudulent and the user must not supply its security details to them in any circumstances. Additionally, the user should report any such requests to AIX immediately.
What to do if there is a breach of security?
4.4 If the user identifies a Cyber and Information Security incident with the website or suspicion of such an incident, she/he must immediately report the details by email at p[email protected].
5 EXCLUSION OF LIABILITY
5.1 These Terms shall not provide for any joint or several liability and the user shall be solely responsible for its own actions and obligations made by AIX on user’s behalf acting under these Terms and related legal arrangements referenced hereof.
5.2 Nothing in these Terms shall exclude or in any way limit anyone’s liability for negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
6 COMMUNICATIONS
6.1 The user agrees that by continuing to use the website online, agrees to the Terms of the website and legally binds him/her to the same extent as if he/she had signed manually. Use of electronic versions of these Terms and other documents referred to herein fully satisfies any requirement to provide them to the user in writing. User agrees to communicate with AIX and its subsidiaries by electronic means.
7 THIRD PARTY SERVICES
7.1 The website may contain third-party websites or platforms (the “Third Party Service(s)”). The use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. AIX makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.
8 APPLICABLE LAW AND DISPUTE RESOLUTION
8.1 These Terms are governed and construed in accordance with the AIFC Laws.
8.2 If any dispute arises in the course of fulfilment of obligations under this Terms, user and AIX shall take all necessary measures to settle the disputes without recourse to the litigation within 20 (twenty) calendar days. If user and AIX have not come to a settlement, any dispute under or in connection with this Terms may first be submitted to mediation at the International Arbitration Centre (the “IAC”) under its Arbitration and Mediation Rules. Unresolved disputes shall be referred to and finally resolved by the AIFC Court under the AIFC Court Regulations and Rules.
8.3 The user acknowledges and agrees that damages alone may not be an adequate remedy for certain breaches of these Terms. Therefore, AIX shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.
9 CHANGES TO THE TERMS
9.1 AIX may change these Terms at any time, without prior notice and consent to reflect changes in law or best practice or to deal with additional features which AIX introduces or for other purposes. The user is obliged to check these Terms regularly to ensure that it is aware of any variations made by AIX. If the user continues to access and use this website, the user is deemed to have accepted such variations and agrees to be bound by the updated Terms. If the user does not agree to such variations, it must immediately discontinue its use.
Contact Us
Any questions regarding the website can be emailed to Communications Department at pr@aix.kz.