“National Centre of Science and Technology evaluation” JSC

Almaty

Enacted on 16.08.17.

User Agreement

This Agreement was developed on the basis of the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated October 21, 2020 No. 395/НҚ “On approval of the Regulations for the collection and processing of personal data”, the Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-V ZRK “About Informatization” and defines the terms of use of the Automated Information System of “NCSTE” JSC (hereinafter – AIS of “NCSTE” JSC ) between “National Center of Science and Technology Evaluation” Joint Stock Company (hereinafter – Company) and users of this Internet resource https://is.ncste.kz/ who have joined the terms of this Agreement (hereinafter referred to as Users).

By putting a mark in the field “Accept the terms of the user agreement” when registering the User in the AIS of “NCSTE” JSC, and making further use of the AIS of “NCSTE” JSC, the User confirms joining the terms of this Agreement. The User who has not joined the terms of this Agreement does not get the opportunity to use the AIS of “NCSTE” JSC.

1. General regulations

1.1. The following terms and definitions are used in this document:

1.1.1. Agreement – a document regulating civil law relations with all its additions, changes;

1.1.2. Operator – “National Center of Science and Technology Evaluation”, providing services for conducting state scientific and technical expertise, including in accordance with the requirements of the Law of the Republic of Kazakhstan “On State Secrets”, organizing the work of National Scientific Councils, state accounting of scientific, scientific and technical projects and programs, reports on scientific and (or) scientific and technical activities, maintaining registers of research and development programs (R & D), defended doctoral dissertations PhD, results of scientific and technical activities (RSTA) and other intellectual products, including secret ones, monitoring and commercialization of the results of scientific and (or) scientific and technical activities. Analysis of the funds of the results of intellectual activity and other services.

1.1.3. User – an individual who has joined this Agreement in his own interest or acting on behalf of and/or in the interests of a legal entity represented by him/her, providing personal data solely on his/her own will;

1.1.4. The AIS of “NCSTE” JSC – Automated information system of “National Center of Science and Technology Evaluation” JSC;

1.1.5. Corporate website – the Company's website located at https://www.ncste.kz

1.1.6. Personal account is a personal section of the AIS of “NCSTE” JSC, to which the User gets access after passing registration and / or authorization in the information system. The personal account is intended for storing the User's personal data, viewing and managing the available functional capabilities of the AIS of “NCSTE” JSC and the corresponding terms of use of the AIS of “NCSTE” JSC.

1.1.7. Content – images, text, audio and video materials, collections of articles, as well as other objects of copyright and (or) related rights, as well as information and messages of any nature that are not the same.

1.2. Other terms and definitions not specified in clause 1.1 of the Agreement may be used in this Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. If there is no unambiguous interpretation of the term or definition in the text of the Agreement and the annexes forming the contract on the terms of the Agreement, it should be guided by its interpretation, determined: first of all – by the legislation of the Republic of Kazakhstan, and subsequently – by the customs of business turnover and scientific doctrine.

1.3. This Agreement and the mandatory documents specified therein define the main terms of use of the AIS of “NCSTE” JSC, as well as any of their development and the addition of new functionality.

1.4. The provision of the AIS functionality of “NCSTE” JSC is regulated in accordance with the provisions of this Agreement, as well as additional documents adopted on its basis (according to the text of the Agreement – “additional document”), which are published by the Operator on the pages of the system, as well as on the Corporate Website, and may regulate the specifics of using certain AIS functionality of “NCSTE” JSC.

1.5. If there is a contradiction between the Agreement and the terms set out in the additional documents, the terms of the additional documents take precedence.

1.6. The Agreement, including the documents related to it, may be amended by the Company without any special notice. The new version of the Agreement and the mandatory documents specified in it comes into force from the moment of posting on the pages of the AIS of “NCSTE” JSC or the Company's Corporate website, or bringing it to the attention of the User in another convenient form, unless this is provided for by the new version of the Agreement and the mandatory documents specified in it.

1.7. Using any functionality of the AIS of “NCSTE” JSC, you confirm that:

1.7.1. Read the terms of this Agreement before using the AIS of “NCSTE” JSC.

1.7.2. By accepting all the terms of this Agreement, the User undertakes to comply with them or stop using the AIS of “NCSTE” JSC. If the User does not agree with the terms of this Agreement and the documents specified in it that are mandatory for the Parties, any use of the AIS of “NCSTE” JSC should be immediately terminated.

1.7.3. The current version of the Agreement is published on the page at https://is.ncste.kz/useragreement.

2. General terms of use of the AIS of “NCSTE” JSC

2.1. The possibility of using the AIS of “NCSTE” JSC is provided to the Operator's Users free of charge.

2.2. Viewing the Content posted in the AIS of “NCSTE” JSC in the public domain and requires mandatory registration and authorization of the User.

2.3. Any other use of the AIS functionality of “NCSTE” JSC is allowed only after the User passes registration and authorization in accordance with the rules established by the Company.

2.4. The list of functional capabilities of the AIS of “NCSTE” JSC, the use of which requires prior registration and authorization, as well as the adoption of additional documents, where necessary, is determined at the discretion of the Company and may change from time to time.

2.5. Upon completion of the registration procedure, a unique account is created associated with the User's Personal Account in the information system, which is necessary for using all the functionality of the AIS of “NCSTE” JSC.

2.6. For registration, the User undertakes to provide reliable and complete information about himself on the issues proposed in the registration form, and to keep this information up to date. If the User provides incorrect information or the Company has grounds to believe that the information provided by the User is incomplete or unreliable, the Company has the right, at its discretion, to block or delete the User's account, as well as to refuse the User to use the AIS of “NCSTE” JSC in full or in a certain part. In this case, a notification will be sent to the User with the appropriate justification.

2.7. The Operator reserves the right at any time to require the User to confirm the data specified during registration and to request in this regard supporting documents (in particular, identity documents), the failure of which, at the Operator's discretion, may be equated to the provision of false information and entail the consequences provided for in clause 2.6. of the Agreement. If the User's data specified in the documents provided by him/her does not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow identifying the user, the Operator may apply the measures specified in clause 2.6. of the Agreement.

2.8. The information about the User contained in the User's account and Personal Account, as well as the data filled in by the User during the use of the AIS of “NCSTE” JSC, is stored and processed by the Operator in compliance with confidentiality.

2.9. When registering, the User independently chooses a login (the actual email address belonging to the user) and a password for accessing the Personal Account. The subsequent change of the User's password is carried out using the software tools of the AIS of “NCSTE” JSC provided in his Personal Account. The operator has the right to prohibit the use of certain usernames, as well as to set requirements for the login and password (length, allowed characters, etc.).

3. Restrictions on using the Application

By accepting the terms of this Agreement, you understand and acknowledge that:

3.1. The Operator has the right to set limits and restrictions in the use of the AIS of “NCSTE” JSC for all Users, or for certain categories of Users (depending on the User's place of residence, the language in which the Service is provided, etc.), including: the presence/absence of individual functions, the maximum storage period of information and data, special parameters of the downloaded information, etc. Information about the established restrictions will be brought to the attention of Users in a form and in a way that is determined by the Operator.

Details of the restrictions is communicated to the Users in the form and in the manner determined by the Center.

3.2. The Operator cannot guarantee that: the functionality of the system will meet the expectations and requirements of the User at the time of acceptance of the Agreement. At the same time, the wishes of Users for improved operation of the AIS of “NCSTE” JSC are welcomed, which will be taken into account and considered for the possibility of their application.

3.3. Since the AIS of “NCSTE” JSC is at the stage of constant addition and updating, the form and nature of the functionality may change from time to time without prior notification to the User.

4. When using the AIS of “NCSTE” JSC, it is not allowed:

4.1. Upload, send, transmit or in any other way post and/or distribute information prohibited by the legislation of the Republic of Kazakhstan.

4.2. To impersonate another individual or a representative of an organization and community without sufficient authority, including employees of the Operator, as well as to use any other forms and methods of illegal representation of other persons in the AIS of “NCSTE” JSC.

4.3. Use unreliable, easily selected passwords to access your account in the AIS of “NCSTE” JSC, use or transfer personal data of third parties without their consent. When posting personal data of several users by one User, it is assumed that the User has the necessary full rights.

4.4. Transfer the password to access your account to third parties.

4.5. Transfer of false or deliberately false personal data to the Operator.

4.6. Not timely to notify about changes in personal data in cases when this may affect the Operator's services provided and, in general, the provision of correct information;

4.7. upload, send, transmit or in any other way post and distribute Content, in the absence of rights to such actions according to the legislation of the Republic of Kazakhstan;

4.8. disrupt the functional operation of the AIS of “NCSTE” JSC;

4.9. post links to Internet resources, as well as any information whose content contradicts the current legislation of the Republic of Kazakhstan;

4.10. promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;

4.11. otherwise violate the norms of legislation, including the norms of international law;

4.12. If a violation of rights and interests is detected in connection with the use of the AIS of “NCSTE” JSC, it should be reported to the Operator by sending a written notification with a detailed description of the circumstances of the violation, as well as materials that violate the relevant rights and interests, if any.

4.13. In case of repeated or gross violation of the terms of this Agreement and the requirements of the legislation, the Operator has the right to block or delete the User's account, as well as to prohibit access using the account to a certain functionality of the AIS of “NCSTE” JSC, and to delete any information specified by the User in the Personal Account or Content posted by him/her without prior notice.

5. Intellectual property rights

5.1. All objects accessible using the AIS of “NCSTE” JSC, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects placed within the information system, are objects of the exclusive rights of the Operator and other copyright holders.

5.2. The Operator grants the User the right to use the AIS functionally within its general functionality.

5.3. The use of the AIS of “NCSTE” JSC in other ways, including by copying (reproducing) the Content posted in the AIS of “NCSTE” JSC, as well as design elements, computer programs and databases included in the information system, their decompilation, modification, and subsequent distribution, public display, and making available to the public, is prohibited, unless otherwise provided by this Agreement.

5.4. The User does not have the right to reproduce, repeat and copy, sell, as well as use for any commercial purposes any parts of the AIS of “NCSTE” JSC (including the Content available to the User through the AIS of “NCSTE” JSC), or access to them, except in cases when the User has received such permission from the Operator or when this is provided for by any additional documents of the Operator.

5.5. AIS of “NCSTE” JSC may contain links to sites on the Internet (third-party sites). These third parties and their content are not checked by the Operator for compliance with certain requirements (reliability, completeness, legality, etc.). The Operator is not responsible for any information, materials posted on the websites of third parties to which the User gets access in connection with the use of AIS of “NCSTE” JSC, as well as for the availability of such sites or information and the consequences of their use by the User.

5.6. A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature posted within the AIS of “NCSTE” JSC does not constitute an endorsement or recommendation of these products (services, activities) on the part of the Operator, except in cases where this is directly indicated by the Operator.

6. Notifications

6.1. The Operator has the right to send information electronic messages (hereinafter referred to as Notifiers) to the User to the electronic address specified in his Personal Account about important events taking place within the framework of the AIS of “NCSTE” JSC or in connection with it.

6.2. Among other things, it is allowed to use Notifiers to inform the User about restrictions on access to the AIS of “NCSTE” JSC in connection with preventive maintenance, User violations, changes in the functionality of the AIS of “NCSTE” JSC, the content or conditions for providing the information system, including changes in the Agreement.

6.3. The operator, at its sole discretion, has the right to use notifiers to distribute information about the activities and activities of the operator and third parties affiliated with it.

6.4. The Operator has the right to terminate access to the AIS of “NCSTE” JSC without prior notice to the User if the User has violated this Agreement or the terms of use of the information system contained in other documents.

7. Final clauses

7.1. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan. All possible disputes arising from the relations regulated by this Agreement are resolved through negotiations. If it is impossible to resolve disputed issues through negotiations, it is resolved in accordance with the procedure established by the current legislation of the Republic of Kazakhstan. Throughout the text of this Agreement, unless explicitly stated otherwise, the term “legislation” means the legislation of the Republic of Kazakhstan.

7.2. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this will not affect the validity or applicability of the remaining provisions of the Agreement.

7.3. Inaction on the part of the Operator in case of violation by the User or other Users of the provisions of the Agreement does not deprive the Operator of the right to take appropriate actions to protect its interests later, and also does not mean the Operator's waiver of its rights in the event of similar or similar violations in the future.

7.4. All disputes under the Agreement or in connection with it are subject to consideration in court at the Operator's location in accordance with the current legislation of the Republic of Kazakhstan.

7.5. This Agreement is drawn up in the Russian language and can be provided to the User for review in Kazakh and English. In the event of a discrepancy between the Russian version of the Agreement and the English version of the Agreement, the provisions of the Russian version of this Agreement shall apply.

8. Operator's details.

Name: “National Center of Science and Technology Evaluation” JSC

Office address: 050026, Republic of Kazakhstan, Almaty c., 221, Bogenbai batyr str.

BIN: 110740017735

Website: https://www.ncste.kz/en

e-mail: support@ncste.kz, info@ncste.kz

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