Website terms of use

1. Parties and status of the document

1.1. These Website Terms of Use (hereinafter – the Agreement) govern the relations between Limited Liability Partnership "ALA INTERNATIONAL", BIN 250640012858 (hereinafter – the Administration, the Site Owner), and any person using the internet resource go.ala.kz (hereinafter – the User).

1.2. The Agreement constitutes the document determining the terms of use of a digital object by its owner (proprietor) within the meaning of subparagraph 1) of paragraph 2 of Article 39 of the Digital Code of the Republic of Kazakhstan.

1.3. The commencement of use of the Site – viewing any page, completing a form, following a link, using the pick-up point search – shall mean the full and unconditional acceptance of the terms of the Agreement. Where the User does not agree with any term, the User shall cease using the Site.

1.4. The Agreement is placed in open access and is a public document.

2. Terms

3. Purpose of the Site and legal status of the information published

3.1. The Site is an information and presentation resource intended for familiarisation with the activities, services and infrastructure of the Administration in the field of international logistics, warehouse handling, customs clearance and trade infrastructure.

3.2. The Site does not constitute a public offer. Information on service lines, routes, timeframes, infrastructure, cost and terms is of an indicative (informational) nature and, in accordance with paragraph 1 of Article 395 of the Civil Code of the Republic of Kazakhstan, shall be regarded as an invitation to make an offer unless expressly stated otherwise.

3.3. Services shall be provided exclusively on the basis of a separately concluded contract (a contract of freight forwarding, carriage, warehouse storage or provision of services) agreed by the parties in written or electronic form. The terms, timeframes, cost, liability, procedure for submitting claims and other material terms shall be determined by such contract and the annexes thereto.

3.4. The results of calculations obtained by means of the calculators and other automatic tools available from the Site are preliminary, are based on the data entered by the User and do not give rise to any obligations of the parties. The final cost shall be determined following verification of the parameters of the cargo, the route and the applicable duties, charges and tariffs.

3.5. Information on the number of warehouses, pick-up points, localities and employees, on timeframes and on other indicators is given as at the date of publication and may change without prior notice.

3.6. The materials of the ALA Insight section and other analytical publications are of an informational nature, do not constitute professional (legal, tax, customs or financial) advice and shall not be used as the sole basis for taking decisions.

4. Registration and access to services

4.1. The use of the Site does not require registration. The Site does not create accounts and does not accept payments.

4.2. The client's personal account, the calculator and other operational services are hosted on the external resource ala-cargo.com and are governed by the separate legal documents of that resource. Following a link to such a resource shall mean leaving the Site and the scope of this Agreement.

4.3. A User who has obtained access to the personal account shall ensure the safekeeping and confidentiality of their credentials and shall bear the risk of the consequences of their disclosure. The Administration does not request from Users any passwords, confirmation codes or payment instrument details by telephone, in messengers or by e-mail.

5. Procedure for sending Requests and communication

5.1. The forms of the Site do not send data automatically to the server of the Administration: upon the pressing of the button, the text of a message is generated which the User then sends themselves via a messenger. The moment of sending of the Request is the moment the message is sent by the User.

5.2. In sending a Request, the User confirms that:

1. the information provided by them is accurate and complete;
2. they are entitled to transfer information about the legal entity they represent and about third parties, where such information is contained in the Request, and have obtained the necessary consents of such persons;
3. they have familiarised themselves with the Privacy Policy and give their consent to the processing of personal data on the terms set out therein;
4. they are aware that communication via a messenger is carried out using the infrastructure of a third party and involves the cross-border transfer of data.

5.3. The Administration does not guarantee a response to every Request and shall be entitled to leave without consideration any Requests containing incomplete or inaccurate information, advertising mailings, insults, threats or materials whose dissemination is prohibited by the legislation of the Republic of Kazakhstan.

5.4. The sending of a Request shall not give rise to any obligation of the Administration to conclude a contract and shall not constitute acceptance of any offer.

5.5. The official communication channels of the Administration are indicated on the "Contacts" page. The Administration shall not be liable for the consequences of the User making contact using details obtained from other sources.

6. Intellectual property

6.1. The Site and all Content are objects of intellectual property, the rights to which belong to the Administration or are used by it on lawful grounds. Legal protection is ensured by the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Copyright and Related Rights".

6.2. The designations ALA, ALA International, ALA Insight and White Import, the corresponding logotypes, corporate colours and elements of corporate identity are means of individualisation of the Administration. Their use without written permission is not permitted.

6.3. The User is granted a limited, non-exclusive, revocable right to use the Site and the Content exclusively for personal, non-commercial, informational purposes: viewing, familiarisation, saving an individual page or printing it out for the User's own use.

6.4. It is prohibited, without the prior written consent of the Administration:

1. to reproduce, copy, distribute, publish, adapt or translate the Content, or to create derivative materials on its basis;
2. to use the Content for commercial purposes, including in advertising, commercial offers, tender documentation and presentations;
3. to remove or alter attributions of authorship, trademarks, watermarks and other designations of the rightholder;
4. to use the design elements, structure and layout of the Site for the creation of similar resources.

6.5. Quotation of the materials of the ALA Insight section, to an extent justified by the purpose of the quotation, shall be permitted subject to indication of the source and the placement of an active direct hyperlink to the relevant page of the Site.

6.6. In sending materials (texts, images, documents) to the Administration, the User confirms that they hold the rights to such materials and grants the Administration the right to use them to the extent necessary for the consideration of the Request and the performance of the contract.

7. Rules for the use of the Site

7.1. The User undertakes to use the Site in good faith, without infringing the legislation of the Republic of Kazakhstan or the rights and legitimate interests of the Administration and of third parties.

7.2. It is prohibited:

1. to interfere with the functioning of the Site, to modify it without the permission of the owner, or to circumvent technical restrictions and protective measures;
2. to use automated data collection programs (parsers, crawlers, bots) for the mass copying of the Content, including information on pick-up points, addresses, routes and price parameters;
3. to perform actions creating an excessive load on the infrastructure of the Site, including denial-of-service attacks;
4. to disseminate through the Site and the communication channels of the Administration any malicious code, spam or materials of an unlawful, extremist, pornographic or offensive nature;
5. to impersonate another person, a representative, employee or partner of the Administration, or to use the designations of the Administration in order to mislead third parties;
6. to collect the personal data of other users;
7. to perform other actions infringing the requirements of the legislation of the Republic of Kazakhstan.

7.3. The Administration shall be entitled, without prior notice, to restrict access to the Site for persons infringing these rules, including by blocking by network address, and also to seek the protection of its infringed rights before the authorised bodies and the courts.

8. Personal data and cookies

8.1. The processing of the personal data of Users shall be carried out in accordance with the Privacy Policy (https://go.ala.kz/en/privacy.html), which forms an integral part of this Agreement.

8.2. The terms of use of cookies and similar technologies are set out in the Cookie Policy (https://go.ala.kz/en/cookies.html).

8.3. Analytics cookies shall be set only after the consent of the User has been obtained. The User shall be entitled at any time to change or withdraw their decision via the "Cookie settings" link.

9. External resources and links

9.1. The Site contains links to external resources, including ala-cargo.com, messengers, mapping services and the websites of partners and state bodies.

9.2. The placement of a link does not signify endorsement of the content of the external resource. The Administration does not control such resources, does not verify their content and shall not be liable for their availability, for the accuracy of the information placed on them or for the processing of data by their owners.

9.3. The placement of links to the Site from external resources shall be permitted subject to the correct indication of the ownership of the resource and the absence of any misleading of users. The Administration shall be entitled to demand the removal of a link placed in breach of this clause.

10. Availability of the Site and limitation of liability

10.1. The Site is provided on an "as is" basis. The Administration does not guarantee the uninterrupted and error-free operation of the Site, its compatibility with any software or hardware of the User, or the absence of technical interruptions.

10.2. The Administration shall be entitled at any time, without prior notice, to modify or supplement the Site or individual sections thereof or to suspend their operation, including for the purpose of carrying out preventive maintenance and technical work.

10.3. The Administration shall not be liable for:

1. losses and lost profit of the User arising as a result of the use of, or the impossibility of using, the Site;
2. decisions taken by the User on the basis of the indicative information of the Site, including the results of preliminary calculations;
3. the actions of telecommunications operators, internet providers, owners of messengers and other third parties;
4. loss of or unauthorised access to data occurring on the User's side, including as a result of the compromise of their device or credentials;
5. circumstances of force majeure.

10.4. The limitations of liability established by this Section shall apply to the maximum extent permitted by the legislation of the Republic of Kazakhstan and shall not extend to cases of intent or gross negligence on the part of the Administration, or to liability established by the mandatory provisions of legislation on consumer protection and on personal data.

10.5. The liability of the Administration in respect of obligations connected with the provision of logistics services shall be determined by the contract concluded and by the legislation of the Republic of Kazakhstan, and not by this Agreement.

11. Amendment of the terms

11.1. The Administration shall be entitled unilaterally to amend the terms of the Agreement. A new revision shall take effect from the date of its placement on the Site, unless a later date is specified in the revision itself.

11.2. The User shall independently monitor the current revision of the Agreement. Continued use of the Site after the amendments take effect shall signify agreement with the new revision.

11.3. Archived revisions of the Agreement shall be retained by the Administration and provided upon reasoned request.

12. Applicable law, claim procedure and settlement of disputes

12.1. The law of the Republic of Kazakhstan shall apply to this Agreement and to all relations arising in connection with the use of the Site.

12.2. The parties establish a mandatory pre-trial (claim) procedure: a claim shall be sent in written form to the address of the Administration or to the e-mail address legal@ala.kz. The period for consideration of a claim is 15 (fifteen) business days from the date of receipt.

12.3. Disputes not settled by way of the claim procedure shall be subject to consideration by the courts of the Republic of Kazakhstan at the location of the Administration, unless different jurisdiction is established by the mandatory provisions of the legislation of the Republic of Kazakhstan.

12.4. The invalidity of an individual provision of the Agreement shall not entail the invalidity of the remaining provisions.

13. Language versions

13.1. The Agreement is published in the Kazakh, Russian, English and Chinese languages.

13.2. The Kazakh and Russian texts have equal legal force. The English and Chinese texts are translations provided for ease of reference. In the event of any discrepancy between the English or Chinese text and the Kazakh or Russian texts, the Russian text shall prevail.

14. Details of the Administration

Limited Liability Partnership "ALA INTERNATIONAL" BIN 250640012858 Registered address: Republic of Kazakhstan, Almaty city, Alatau district, Algabas microdistrict, Street 7, Building 134/3 Telephone: +7 775 708 88 80 E-mail: info@ala.kz E-mail for claims: legal@ala.kz Internet resource: https://go.ala.kz