Website User Agreement
GENERAL PROVISIONS
This User Agreement (hereinafter referred to as the Agreement) applies to the website located at wyndhamgardenastana.com (hereinafter referred to as the Site).
This Agreement governs the relationship between the Site Administration and the User of this Site.
The Site Administration reserves the right to change, add, or remove clauses of this Agreement at any time without notifying the User.
Continued use of the Site by the User implies acceptance of the Agreement and the changes made to it.
The User is personally responsible for checking this Agreement for changes.
DEFINITIONS
The following terms are used in this User Agreement:
-“Site Administration” – authorized employees managing the Site, acting on behalf of those who organize and/or carry out the processing of personal data, as well as determine the purposes of personal data processing, the composition of personal data to be processed, and actions (operations) performed with personal data.
-“User of the Site” (hereinafter – User) – a person who has access to the Site via the Internet and uses the Site.
-“Site Content” (hereinafter – Content) – protected intellectual property, including texts, annotations, articles, illustrations, graphics, text, photographic, derivative, composite, and other works, user interfaces, visual interfaces, trademarks, logos, programs, databases, as well as the design, structure, selection, coordination, appearance, general style, and arrangement of this Content, as well as other intellectual property objects, collectively and/or individually contained on the Site.
SUBJECT OF THE AGREEMENT
The subject of this Agreement is the provision of User access to the information and services contained on the Site.
This Agreement applies to all currently existing (actually functioning) services (services) of the Site, as well as any subsequent modifications and additional services (services) that appear in the future.
Access to the Site is provided on a voluntary basis.
This Agreement is a public offer. By accessing the Site, the User is deemed to have unconditionally accepted this Agreement.
The use of materials and services on the Site is governed by the laws of the Republic of Kazakhstan.
RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Site Administration has the right to:
-Change the rules for using the Site, as well as change the Content of the Site. Changes come into effect from the moment the new version of the Agreement is published on the Site.
-Restrict access to the Site if the User violates the terms of this Agreement.
-At its sole discretion, make a call to the person who left an application on the Site in the “Get Consultation” section (within a time frame determined at the discretion of the Site Administration) or not to make such a call.
2. The User has the right to:
-Use all the services available on the Site.
-Use the Site exclusively for the purposes and in the manner provided for by the Agreement and not prohibited by the laws of the Republic of Kazakhstan.
3. The User of the Site undertakes to:
-Observe the property and non-property rights of authors and other copyright holders when using the Site.
-Not engage in actions that may be regarded as violating the normal operation of the Site.
-Avoid any actions that may compromise the confidentiality of information.
-Not use the Site to distribute advertising information without the consent of the Site Administration.
-Not use the Site for the purpose of:
A) Uploading content that is illegal, violates any third-party rights, promotes violence, cruelty, hatred, and/or discrimination based on race, nationality, gender, religion, social characteristics; contains false information and/or insults specific individuals, organizations, authorities.
B) Encouraging unlawful acts, as well as aiding individuals whose actions aim to violate restrictions and prohibitions in force in the Republic of Kazakhstan.
C) Violating the rights of minors and/or causing them harm in any form.
D) Infringing the rights of minorities.
E) Impersonating another person or representative of an organization and/or community without sufficient rights to do so, including impersonating Site employees.
F) Misleading others about the properties and characteristics of services available on the Site.
G) Making inappropriate comparisons of services, as well as creating a negative attitude toward individuals who do or do not use certain services, or criticizing such individuals.
4. The User is prohibited from:
-Using any devices, programs, procedures, algorithms, and methods, automatic devices or equivalent manual processes to access, acquire, copy, or track the Content of this Site.
-Disrupting the proper functioning of the Site.
-Bypassing the navigation structure of the Site in any way to obtain or attempt to obtain any information, documents, or materials by any means that are not specifically provided by the services of this Site.
-Gaining unauthorized access to Site functions, any other systems or networks related to this Site, as well as any services offered on the Site.
-Breaching the security or authentication system on the Site or any network related to the Site.
-Performing reverse look-up, tracking, or attempting to track any information about any other User of the Site.
-Using the Site and its Content for any purpose prohibited by the laws of the Republic of Kazakhstan, as well as inciting any illegal activity or other activities that violate the rights of the web resource or others.
USE OF THE SITE
The Site and its Content belong to and are managed by the Site Administration.
The Content of the Site may not be copied, published, reproduced, transmitted, or distributed in any way, nor posted on the Internet without prior written consent from the Site Administration.
The Content of the Site is protected by copyright law, trademark law, and other laws related to intellectual property and unfair competition law.
The User agrees that materials published on the Site represent the opinions and recommendations of their authors. The Site Administration does not guarantee their relevance or compliance with the current legislation of the Republic of Kazakhstan.
This Agreement applies to any additional terms for services provided on the Site.
Information posted on the Site should not be construed as modifying this Agreement.
The Site Administration has the right to change the list of services offered on the Site at any time without notifying the User.
By remaining on the Site, the User confirms their agreement to the use of cookies in accordance with this Agreement regarding such files. If the User does not agree to the Site’s use of this type of files, the User must adjust their browser settings accordingly or not use the Site.
LIABILITY
Any losses that the User may incur in the event of intentional or careless violation of any provision of this Agreement, as well as as a result of unauthorized access to another User’s communications, are not compensated by the Site Administration.
The Site Administration is not responsible for:
-Delays or failures in processing operations due to force majeure, or any case of malfunction in telecommunications, computer, electrical, and other related systems.
-Proper functioning of the Site if the User does not have the necessary technical means to use it, as well as for providing such means.
VIOLATION OF THE USER AGREEMENT TERMS
The Site Administration has the right to disclose any information collected about the User if disclosure is necessary in connection with an investigation or complaint regarding improper use of the Site, or to establish (identify) the User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
The Site Administration has the right to disclose any information about the User deemed necessary to comply with current legislation or court decisions, ensure compliance with this Agreement, and protect the rights or safety of the Site Administration.
The Site Administration has the right to disclose User information if required or permitted by the laws of the Republic of Kazakhstan.
The Site Administration may terminate and/or block access to the Site without prior notice if the User has violated this Agreement or terms of other documents regulating Site usage, as well as in case of Site termination or technical malfunction or problem.
The Site Administration is not liable to the User or third parties for terminating access to the Site if the User has violated any provision of this Agreement or other document containing terms of Site usage.
DISPUTE RESOLUTION
In the event of any disagreements or disputes between the Parties of this Agreement, a claim (written proposal for voluntary dispute resolution) is required before filing a lawsuit.
The recipient of the claim shall notify the claimant in writing of the results of the claim review within 10 calendar days from the date of receipt.
If the dispute cannot be resolved voluntarily, either Party may refer the matter to court at the location of the Site Administrator to protect their rights provided by the legislation of the Republic of Kazakhstan.
ADDITIONAL TERMS
1. The Site Administration does not accept any counter-offers from the User regarding amendments to this User Agreement.
2. User data posted on the Site is not confidential information and may be used by the Site Administration without restrictions.