USER AGREEMENT

for the use of the Voltau mobile application
1. General Provisions

1.1 This User Agreement (hereinafter referred to as the Agreement) regulates the relationship between the Supplier and the User of the mobile application “Voltau” (hereinafter referred to as the Application).

1.2 The following terms are used in this Agreement:
Mobile Application (“Voltau”, hereinafter - the “Application”) is a proprietary development of Voltau LLP to provide basic functionality for charging electric vehicles;
User of the Application (“User”) - any individual interacting with the Application and accepting the terms and conditions of this Agreement;
Supplier - the company that owns the Application
Personal Data - information about the User provided by him/her in the process of using the Application, including full surname, first name and patronymic (if any), e-mail address, cell phone number. The User is solely responsible for the relevance and completeness of the personal (personal) data provided and is obliged to make timely changes (updates, checks, corrections) on a regular basis.

1.3 All other terms and definitions used in this Agreement shall be defined in accordance with the current legislation of the Republic of Kazakhstan.

2. Subject of the Agreement

2.1 This Agreement defines the procedure for using the Application. By using the Application, you confirm that you have read, understood and agree to comply with its terms and conditions.

2.2 Any claims and disputes are subject to consideration in accordance with the laws of the Republic of Kazakhstan.

2.3 This Agreement may be changed by the Supplier at any time and without informing the User. Updated versions of the Agreement will be posted on the website http://voltau.kz/agreement. Further use of the Application after changes will mean acceptance of changes by the User. The User undertakes to independently check the portal voltau.kz on a regular basis to familiarize himself with the updates in the terms of the Agreement.

2.4 Through the use of this Application, the User acquires the opportunity to receive and pay for the power supply service for electric vehicles.

2.5 This Application uses certain Cookies to store IP address, User preferences or the type of device used in order to keep statistics of visits and traffic to the Application, personalize the data displayed on the User's screen, store data necessary to identify the User, including when accessed from different devices, and to display advertisements according to the User's interests and preferences.
The Application may use both its own Cookies belonging to the Provider and third party Cookies.

The Application uses the following Cookies:

2.5.1. Technical (functional) Cookies, which are necessary to control traffic and data transmission, to identify Users and provide User access to the Application content and without which the use of the Application is functionally limited, as well as to prevent the provision of recommendations that are not in the User's interest.

2.5.2. Statistical Cookies, which are necessary to track the frequency of the Users' visits to the website, to identify the ways in which the User uses the Application, and to identify the type and kind of content that is popular or interesting for the User.

2.5.3 Geolocation Cookies, which are necessary to determine the User's location in order to personalize the content displayed on the screen of the User's device in the Application.

2.5.4. third party cookies that are set by third parties with the User's permission and are intended to conduct statistical research regarding the User's online behavior and/or send personalized advertising or marketing materials to the User and/or provide goods or services.
The User has the right to disable Cookies on the Application at any time by changing certain settings on their smartphone, tablet, watch or other mobile device. Such disabling may result in limiting or changing the User's access to the functionality of the Application and/or content.

3. Processes of saving payment cards and payment by cards for Goods and Services in the Annex”

3.1 The Internet payment service is carried out in accordance with the Rules of the Visa and MasterCard international payment systems on the principles of confidentiality and security of the payment, for which purpose the most modern methods of verification, encryption and data transmission through closed communication channels are used. The bank card data is entered on the secure payment page of the FreedomPay payment service.

3.2 On the page for entering bank card data you will need to enter the card number, cardholder's name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the card itself. The three-digit security code is three digits on the back of the card. After entering the card parameters, the User will be redirected to the Bank's page to enter the 3DSecure code, which will be delivered to the User by SMS. If the 3DSecure code is not delivered to the User, the User should contact the Bank that issued the card.

3.3 After saving the card as specified in clause 3.2. and in case the charging session starts, the User is charged according to the pricing specified in the Appendix. During the charging session and when the amount for the charging session reaches 1000 tenge, the User's saved card, if it is selected as the method of payment for charging sessions in the Appendix, is debited without acceptance (without the account holder's order), i.e. automatically.

3.4 Refusal to make a payment may occur in the following cases:
  • the bank card is not intended for making payments via the Internet, which can be found out by contacting the User's Bank;
  • insufficient funds for payment on the bank card. The User can find out more about the availability of funds on the bank card by contacting the Bank that issued the bank card;
  • the bank card data is entered incorrectly;
  • the validity period of the bank card has expired. The card validity period is usually indicated on the front side of the card (it is the month and year until which the card is valid). The User can learn more about the validity period of the card by contacting the Bank that issued the bank card;

3.5. For questions regarding payment by bank card and other matters related to the operation of the Application, the User may contact support via email: support@voltau.kz.
3.6. The Personal Data provided by the User is confidential and shall not be disclosed. Credit card data is transmitted only in encrypted form and is not stored on the Supplier's web server. The obligations regarding the protection of Personal Data are defined in the "Privacy Policy," which is an integral part of this Agreement.

4. Return Policy for Goods and Services

4.1. Refunds in cash are not allowed for payments made by card. The refund procedure is regulated by the rules of international payment systems.

4.2. The procedure for returning goods or services is governed by Article 14 of the Law "On Consumer Protection."

4.3. To request a refund to a bank card, the User must fill out a "Refund Request Form," which will be sent upon request by the Supplier to the User's email address. The completed form, along with a copy of the User's passport, must be sent to support@voltau.kz.

4.4. Refunds will be processed upon request from the User after review and will be credited to the bank card used for the original payment within 21 (twenty-one) business days from the date the Supplier receives the "Refund Request Form."

4.5. For refunds related to transactions made in error, the User must submit a written request along with a copy of their passport and receipts/invoices confirming the erroneous charge. This request must be sent to support@voltau.kz.

4.6. The processing time for refund requests starts from the moment the Supplier receives the request and is calculated in business days, excluding holidays and weekends.

5. Intellectual Property Rights

5.1. The User may not remove, modify, or conceal any copyright, trademark, or other proprietary notices displayed within the Application.

5.2. The "Voltau" trademark, along with all related graphics, logos, service information, and trade names used in or associated with the Application, are the exclusive trademarks of "Voltau" and may not be used in connection with any third-party products or services without permission. Trademarks, service marks, and trade names of third parties that may appear in the Application are the property of their respective owners.

6. Feedback

6.1. Any ideas, documents, and/or proposals submitted by the User to the Supplier (hereinafter referred to as "Feedback") via email, phone call, messenger, or other means do not create any obligations for the Supplier towards the User, including confidentiality obligations. The User represents and warrants that they have all necessary rights to provide such Feedback.
By submitting Feedback, the User grants the Supplier a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works, and otherwise exploit the Feedback for commercial or non-commercial purposes, as well as the right to sublicense these rights in connection with the operation and maintenance of the Application or any other products or services of the Supplier.

7. Liability of the Parties

7.1. If a violation of this Agreement results in harm to one or more parties, the responsible party shall be liable in accordance with the laws of the Republic of Kazakhstan.

7.2. The Supplier is not liable for temporary technical failures or interruptions in the operation of the Application and its components caused by factors beyond the Supplier's control, including scheduled or unscheduled maintenance activities.

7.3. The Supplier is not responsible for temporary failures or interruptions in communication lines, other similar failures, or malfunctions of the computer or mobile device from which the User accesses the Application and its components.

7.4. The Supplier is not responsible for the actions of other Users or any other participants of the Application.

7.5. The Supplier is not responsible for any direct or indirect damages, including lost profits, data loss, reputational damage, or other intangible losses arising from:
1) The User's use or inability to use the Application and its components;
2) Changes to the terms of the Agreement by the Supplier.


8. Duration and Termination of the User Agreement

8.1. This Agreement takes effect on the date the User accepts it (as described in Section 2 above) and remains in force as long as the User continues to use the Application unless terminated earlier in accordance with this Agreement.

8.2. The User acknowledges and agrees that this Agreement becomes effective on whichever occurs first: (a) the day the User first uses the Application, or (b) the day the User accepts this Agreement. It remains in effect as long as the User continues to use the Application unless terminated earlier.

8.3. If the User wishes to terminate this Agreement unilaterally, they may do so by deleting the Application from their mobile device.

8.4. Termination of this Agreement requires the User to delete the Application and cease its use entirely. All provisions of this Agreement that by their nature should survive termination shall remain in effect, including but not limited to, provisions regarding intellectual property rights, warranty disclaimers, and limitations of liability.

8.5. Termination of this Agreement does not release the User from compliance with applicable laws of the Republic of Kazakhstan, including intellectual property and trademark protection regulations.

9. Miscellaneous

9.1. Any disputes arising from or related to this Agreement shall be resolved in accordance with the laws of the Republic of Kazakhstan.

9.2. The Supplier’s failure to act in response to a violation of this Agreement by a User does not waive the Supplier’s right to take appropriate actions later to protect its interests and enforce its proprietary and non-proprietary rights under applicable law.

9.3. The Supplier is obligated to ensure the confidentiality of the User's personal data and other information deemed confidential under the applicable laws of the Republic of Kazakhstan.

9.4. The Supplier is not responsible for any delays or failures caused by factors beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

9.5. The User may submit any questions, complaints, or claims regarding the Application to the support service via email: support@voltau.kz.

9.6. Failure to enforce any provision of this Agreement in one instance shall not constitute a waiver of that provision or any other provision in any other instance.

PRIVACY POLICY

for the use of the mobile application "Voltau"
  1. General Provisions
This Policy applies to Personal Data obtained from the User in connection with the use of the Application and payment processes within the Application.

  • 1.1. The provisions of this Policy aim to:

  • Define the types and categories of Personal Data collected, the purposes of processing, and the sources of such Personal Data;
  • Define the User's rights regarding the confidentiality of transmitted Personal Data;
  • Identify the individuals responsible for processing and storing Personal Data, as well as third parties to whom such data may be disclosed (in whole or in part);
  • Define the terms and processes for making payments for goods and services within the Application.
1.2. The rules of this Policy do not apply to the processing of Personal Data provided by the User to third parties.

1.3. By installing and/or activating the Application on a smartphone, tablet, smartwatch, or other device, the User agrees to the terms of this Policy and consents to the Provider collecting, processing, retaining, and storing Personal Data under the conditions outlined in this Policy.

1.4. If the User does not agree with the terms of this Policy and/or does not understand certain provisions, the User must immediately stop using the Application or contact Voltau’s customer support for clarification.

1.5. The User has the right to modify or delete their Personal Data at any time, except in cases where such modification or deletion would violate this Policy or the law. To do so, the User must delete their personal account (profile) in the Application.

1.6. The Provider reserves the right to delete the User’s personal account/profile and all related Personal Data at any time if the User violates this Policy and/or the User Agreement.

1.7. This Policy applies to all Users and covers the Personal Data provided by them during registration and while using the Application.

2. Non-Personalized Information About Users

2.1. In connection with the use of the Application, the Provider may automatically collect and process the following non-personalized User information:Data on mobile traffic, possible click activity, logs, and other related information;
  • The User's location (geolocation). The User may disable geolocation at any time by changing the device settings. The Application only uses geolocation while the User is actively using the Application. Once the User exits the Application, data collection and processing cease;
  • Information about the device used to access the Application (identification number, mobile network operator, operating system, platform, browser type, IP address, and other browser-related data);
  • Data on orders/purchases made by the User and/or services received/paid for through the Application;
  • Electric vehicle brand;
  • Vehicle registration number.
2.2. The Provider assumes that all Personal Data provided by the User is accurate and that the User keeps this information up to date.

3.Information About Transactions

3.1. The User may make payments for goods and services within the Application.

3.2. The collection and processing of User data are carried out solely for payment processing, fraud prevention, and compliance with the legislation of the Republic of Kazakhstan.

3.3. The User consents to the Provider and the relevant Payment System or banking institution processing their Personal Data, as well as agrees to the privacy policy of the respective Payment System or banking institution.

3.4. The Provider guarantees that it does not have access to the User's banking card details (full card number, CVC, expiration date, cardholder name), nor does it store or process such information.

4. Purposes of Collecting and Processing Personal Data

4.1. The collection and processing of Personal Data are carried out for the following purposes:Analyzing User behavior and preferences regarding specific content;
  • Ensuring the proper functioning of the Application, improving its performance, content, architecture, and functionality;
  • Identifying the User;
  • Sending personalized advertising and marketing materials to the User’s email and/or mobile phone;
  • Complying with legal requirements;
  • Tracking User orders/purchases made through the Application;
  • Determining the User’s location;
  • Providing technical support, identifying, and resolving issues with the Application;
  • Maintaining communication with the User;
  • Fulfilling any other obligations of the Provider towards the User;
  • Conducting statistical research;
  • Any other purposes, provided that the User grants separate consent.

4.2. The processing of Personal Data is based on the following principles:Legality of processing methods and purposes;
  • Good faith;
  • Compliance of data processing purposes with the stated purposes declared at the time of data collection;
  • Proportionality between the volume and nature of processed Personal Data and the declared processing purposes.

5. Conditions for Processing Personal Data

5.1. The User grants consent for the processing of Personal Data for an unlimited period.

5.2. Personal Data is processed in the following cases:With the User’s consent;
  • When the User voluntarily makes their Personal Data publicly available;
  • When required to fulfill the Provider’s obligations towards the User, including but not limited to, providing certain content to the User;
  • When necessary to protect the life or health of the User and obtaining prior consent is not possible.
5.3. If Personal Data is anonymized to the extent that the User cannot be directly or indirectly identified, further use and disclosure of such data to third parties are allowed, and the provisions of this Policy no longer apply.

5.4. The Provider takes all necessary measures to protect the confidentiality of received Personal Data, except when the User has made such data publicly available.

5.5. Personal Data processing may be conducted with or without automated tools.

6. Measures for the Protection of Personal Data

6.1. The Provider must take all necessary organizational and technical measures to ensure the confidentiality, integrity, security, and accessibility of the User’s Personal Data.

6.2. The Provider must respect the legal rights of Application Users in the field of Personal Data processing and comply with other legal requirements regarding the processing of Personal Data established by the legislation of the Republic of Kazakhstan.

6.3. The Provider must update processed Personal Data when necessary, provided that automatic updates are not possible.

6.4. The Provider must fulfill other obligations in the field of Personal Data when such obligations arise during data processing.

7. Third-Party Access to Personal Data

  • 7.1. The User’s Personal Data may be transferred to third parties in the following cases:If the User has consented to such a transfer;
  • If the transfer is required under the applicable laws of the Republic of Kazakhstan.

Details:
BIN: 230940038482
Address: 22 Yemtsov St., Almaty, Kazakhstan
IBAN: KZ42601A861022646801
Bank: JSC "Halyk Bank of Kazakhstan"
BIC: HSBKKZKX
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