Terms of Use

This page is a translation of the Terms of Use; the original text is available in the main version of the website.

1. Definitions

1.1. The following terms are used in these Terms:

• Contractor — the owner of the website b2blistkz.com; contact email — [email protected].
• Website — the website b2blistkz.com with all its pages and features.
• User — any person who uses the Website, including without registration.
• Account — the User’s account on the Website created at registration; access to it is by email address and password.
• Database — the database of organizations in Kazakhstan created by the Contractor: information about organizations and their branches — name, address, geographic coordinates, phones, websites, email addresses, links to social media pages, chain affiliation, categories and other fields described on the Website.
• Export — a file or files in XLSX and CSV formats with a part of the Database formed according to the parameters of the Order (territory, sectors, category, chain, etc.).
• Sample — a free fragment of the Database on the Website in which contact details are partly hidden.
• Reveal — showing the hidden contact details of one organization in a Sample to a registered User.
• Order — the User’s request for an Export placed on the Website.
• Buyer — a User who has paid for an Order.

2. General provisions and acceptance

2.1. These Terms are a public offer of the Contractor in accordance with the Civil Code of the Republic of Kazakhstan (the “Civil Code”) and contain all the essential terms of the agreement on the use of the Website and the provision of Exports.

2.2. Acceptance of the offer is: for the use of the Account — registration on the Website with a checkbox confirming consent to the Terms; for the purchase of an Export — full payment for the Order (performance of actions to fulfil the terms of the offer). Acceptance means full and unconditional acceptance of all the terms.

2.3. When using the Website without registration, the User must comply with Sections 8, 11 and 12 of the Terms. If the User does not agree with the Terms, they must stop using the Website.

2.4. The Website and Exports are intended for legal entities, sole proprietors and individuals who buy Exports for purposes related to business or professional activity. By placing an Order, the User confirms that they are buying the Export for such purposes, and not for personal, family, household or other needs unrelated to business activity, and that they are entitled to act on behalf of the organization specified in the Order.

2.5. If, by law, the relationship with the User is a relationship with a consumer, the Terms apply to them to the extent not contrary to the consumer protection legislation of the Republic of Kazakhstan.

2.6. The Contractor may change the Terms. A new version takes effect upon publication on the Website unless it specifies a different date. Paid Orders are governed by the version in force on the payment date. By continuing to use the Account after the Terms are changed, the User accepts the new version; if they disagree with it, they may delete the Account.

3. Subject of the Terms

3.1. The Contractor:

• provides access to the Website and its free materials: statistics, rankings, descriptions and Samples;
• provides registered Users with an Account and its features, including Reveal (Section 5);
• for a fee, renders an information service — forms an Export according to the parameters of the Order and provides access to it, and grants the Buyer the right to use the Export under Section 8.

3.2. The information in the Database has been collected by the Contractor, including by automated means, from publicly available sources: organization listings in map services and directories, organizations’ websites and their social media pages. The Contractor does not receive the information from the organizations themselves and does not check each record manually. The Database reflects the state of the sources on the date of collection.

3.3. Statistics on openings and closures are based on the Contractor’s observations of open sources, not on actual dates: an organization first detected by the Contractor is considered to have opened, even if it has been operating for a long time. This is an assumption; such data shows the observed dynamics, not exact market statistics.

3.4. The set of fields, the format and the price calculation procedure are described on the Website. Before payment, the User can review a Sample of the corresponding Export free of charge.

4. Account

4.1. To register, the User provides an email address, a password and, optionally, a name, and confirms consent to the Terms. The User undertakes to provide a valid email address to which only they or their organization have access.

4.2. One person may have one Account. It is prohibited for one person, or in the interests of one person, to create several Accounts, to give third parties access to the Account, or to use someone else’s Account.

4.3. The User is responsible for keeping the password confidential. Actions performed in the Account are deemed to have been performed by the User until they notify the Contractor of unauthorized access.

4.4. The Contractor stores the password only as a cryptographic hash and never asks for it by email, phone or messenger. A session cookie is used for logging in.

4.5. The User may delete the Account at any time by sending a request from the address specified at registration to [email protected]. Information about paid Orders and acceptance of the Terms is kept for the periods specified in the Personal Data Processing Policy.

5. Revealing contacts in Samples

5.1. In Samples, the contact details of organizations are partly hidden. A registered User may reveal the contact details of no more than 20 organizations per day. Any unused limit does not carry over to the next day.

5.2. Reveal is a free trial feature for assessing the quality of the Database, not a way of obtaining the Database. The Contractor may change the limit, temporarily suspend or discontinue the feature without prior notice.

5.3. The Contractor keeps a log of Reveals: the Account, the organization, the date and time, and the IP address. The log is used to enforce the limit and detect violations.

5.4. Sections 8, 9, 11 and 12 apply to revealed information. It is prohibited to systematically accumulate revealed information in order to compile one’s own database from it, as well as to transfer, publish or sell it.

6. Order, price, payment and delivery of the Export

6.1. The User selects the parameters of the Export and specifies a name, an email, optionally a phone, and, when paying by invoice, the name of the organization or sole proprietor and the details for the invoice, a comment and the payment method. Until the Order is submitted, its contents are stored in the User’s browser (the “Cart” section).

6.2. The price of the Export is calculated by the Website at the time the Order is placed based on the current number of records and is stated in US dollars (USD) in the Order confirmation and the invoice. The stated number of records is an estimate: by the time the Export is formed it may change slightly due to updates of the sources; this does not change the price.

6.3. Payment is 100% in advance: by bank transfer against an invoice, or by bank card via a link that the Contractor sends to the User’s email. Payment is deemed made when the money has reached the Contractor’s account or the payment service has confirmed the payment. An invoice is valid for 5 business days; after that, the Contractor may recalculate the price. Fees of the payer’s banks and payment services are paid by the Buyer. Settlements are made in US dollars (USD): if the Buyer pays from an account or card in another currency, the conversion is performed by their bank or payment service at its own rate, and the Buyer bears the conversion costs and exchange rate differences.

6.4. Bank card details are entered on the page of the bank or payment service; the Contractor does not receive or store them.

6.5. No later than 2 business days after receipt of payment (as a rule, immediately), the Contractor makes the Export files available for download in the User’s personal account on the Website. The link is valid for at least 7 days; the Buyer must download and save the files in good time.

6.6. The service is deemed fully rendered, and the Contractor’s obligations under the Order fulfilled, at the moment the Export files are made available in the User’s personal account (access to the files is provided). No signed acceptance certificate is required. If the Buyer has not reported any defects within the period specified in clause 7.4, the service is deemed accepted without objections.

6.7. The Buyer is responsible for the correctness of the email specified in the Order. If the Contractor cannot form an Export according to the parameters of the Order, it informs the Buyer and, at the Buyer’s choice, offers a replacement or refunds the payment in full.

7. Cancellation of an Order and refunds

7.1. Before payment, the User may cancel the Order without any consequences — it is enough not to pay for it.

7.2. After payment but before access to the Export is provided, the Buyer may cancel the Order by sending a notice to [email protected]. The Contractor refunds the payment less the expenses actually incurred within 10 calendar days by the same method by which it was made.

7.3. By placing an Order, the User expresses, by a separate checkbox, consent to access to the Export being provided immediately after payment, and confirms that they are aware that from the moment access is provided the service is deemed fully rendered (clause 6.6), and its result — information that remains with the Buyer after downloading — cannot be returned to the Contractor. Therefore, after the files are delivered (access to the Export is provided), the money paid is not refunded, including if the Buyer has changed their mind, has not used the Export, expected a different number or composition of records than stated in the Order and the Sample, or has found inaccuracies in the data referred to in Section 9.

7.4. If an Export file does not open in common programs (Microsoft Excel, LibreOffice and similar), is empty, damaged or does not match the parameters of the Order (territory, sectors, category, chain, format), the Buyer reports this to [email protected] within 10 days from the moment access is provided. The Contractor remedies the defect free of charge — provides the Export again or corrects it — within 5 business days. The payment (in full or in the part corresponding to the defect) is refunded only if the defect has not been remedied within this period or cannot be remedied.

7.5. Inaccuracy, incompleteness or obsolescence of individual records (including a non-working phone or email address, a closed or relocated organization, a duplicate, an incorrect category) is not a defect of the service and is not grounds for a refund, a price reduction or re-provision of the Export. The Contractor may, but is not obliged to, correct such records at its own discretion.

8. Rights to the Database and use of the Export

8.1. The Contractor owns the copyright in the Database as a compilation with respect to the selection and arrangement of materials (the legislation of the Republic of Kazakhstan on copyright and related rights), as well as the rights to the design, texts, statistics and other materials of the Website.

8.2. From the moment access to the Export is provided, the Buyer is granted a non-exclusive license to use it during the term of the exclusive right in the following ways: recording in computer memory, copying, processing (filtering, sorting, supplementing, uploading to a CRM and other information systems of the Buyer) — for the own needs of the Buyer and its employees. The license fee is included in the price of the Export.

8.3. Without the Contractor’s written consent, it is prohibited to sell, resell, sublicense, rent out or transfer free of charge the Export or any part of it to third parties; to publish it or make it publicly available; or to use it to create or populate databases, directories and services provided to third parties. The Export may be transferred to a contractor that processes it on behalf and in the interests of the Buyer, provided that the contractor complies with these restrictions; the Buyer is responsible for the contractor’s actions.

8.4. Materials of the Website may be quoted to the extent justified by the purpose of the quotation, with a link to the Website. Systematic extraction and use of materials of the Database from the Website without the Contractor’s permission are prohibited.

9. Data “as is”

9.1. The information in the Database, Exports, Samples and on the Website has been obtained from open, publicly available sources and reflects their state on the date of collection. The Contractor is not the original source of this information and does not verify it with the organizations.

9.2. The User understands and agrees that the data is provided “as is” and may contain inaccuracies and errors, incomplete and outdated information, duplicates, information about closed, relocated or renamed organizations, incorrect categories or chain affiliation, non-working phones and email addresses, and some records may lack certain fields. This is a property of data from open sources, and it is in this quality that the Export is the subject of the agreement.

9.3. The Contractor does not guarantee or warrant the accuracy, completeness, reliability and timeliness of the information, its conformity with the User’s expectations and purposes, its commercial value and the result of its use (the number of responses, sales, deals concluded), or the uninterrupted and error-free operation of the Website.

9.4. The Contractor makes reasonable efforts to keep the Database up to date and may change, supplement and delete information at any time, including at the request of organizations and personal data subjects.

10. Liability

10.1. The Contractor is not liable for:

• the User’s decisions and actions taken on the basis of information from the Website, Samples and Exports, and their consequences;
• the User’s losses, including lost profits, indirect losses and damage to business reputation, related to the use or inability to use the Website, Samples and Exports, including those caused by inaccuracy of the data;
• claims of third parties, including organizations and personal data subjects, recipients of mailings and calls, and government authorities, related to the User’s use of the data;
• interruptions in the operation of the Website caused by the actions of third parties, hosting and communication providers, or by force majeure.

10.2. The Contractor’s aggregate liability under an Order is limited to the amount actually paid by the Buyer for that Order. The Website, Samples and Reveal are provided free of charge; the Contractor is not liable for their operation and content.

10.3. The limitations of liability under the Terms do not apply to an intentional breach of obligations or in cases where limitation of liability is not permitted by law.

10.4. The User compensates the Contractor for losses, including fines, compensation and legal costs, arising in connection with the User’s violation of the Terms or the law when using the Website and the data.

11. Lawful use of the data

11.1. The Buyer independently determines the purposes and methods of using the information and is solely responsible for their compliance with the law.

11.2. Advertising may be distributed over telecommunications networks (calls, SMS, messengers, email) only with the prior consent of the recipient — the Buyer complies with the requirements of the legislation of the Republic of Kazakhstan on advertising and communications. Such mailings must be stopped at the first request of the recipient.

11.3. If the information relates to an individual (for example, a sole proprietor or an independent professional), it is personal data. The Buyer processes it as an independent operator and must comply with Law of the Republic of Kazakhstan No. 94-V of May 21, 2013 “On Personal Data and Their Protection”: have a legal basis for processing, respect the rights of personal data subjects and stop processing at their request.

11.4. It is prohibited to use the information for fraud, harassment, intrusive contacts, or in violation of the law on telecommunications, advertising, personal data and other legal requirements.

11.5. The Contractor is not an advertiser, an advertising distributor or a personal data operator with respect to the Buyer’s actions with the Export.

12. Prohibited actions

12.1. When using the Website, it is prohibited to:

• collect data from the Website by automated means (scraping, parsing) using bots, scripts, crawlers, headless browsers and similar tools; indexing of the Website by search engines in accordance with the robots.txt file is permitted;
• circumvent the Reveal limit and other technical restrictions, including by using several Accounts, other people’s Accounts, disposable email addresses, changing IP addresses, proxy servers and VPNs, and attempt to obtain hidden Sample data by other means;
• mass-copy Samples, statistics and other materials of the Website;
• take actions that place an excessive load on the Website, attempt unauthorized access, or search for and exploit vulnerabilities;
• register with false information;
• resell, publish and transfer to third parties Exports and revealed information in violation of Section 8.

12.2. The Contractor may apply technical protection measures: request rate limiting, “I am not a robot” checks, blocking of IP addresses and subnets.

13. Blocking and termination of access

13.1. In the event of a violation of the Terms or a reasonable suspicion of a violation, the Contractor may, without prior notice, restrict or suspend the User’s access to the Website and the Reveal feature, block or delete the Account (including all Accounts associated with the violator), and cancel unpaid Orders. The Contractor notifies of the blocking at the Account email; the User may send objections to [email protected].

13.2. Blocking does not affect Orders for which access to the Export has already been provided; the money paid for them is not refunded. For a paid Order to which access has not yet been provided, the Contractor provides access or refunds the payment.

13.3. The User may stop using the Website and delete the Account at any time (clause 4.5).

14. Personal data

14.1. The Contractor processes Users’ personal data in accordance with the Personal Data Processing Policy.

14.2. By providing another person’s data in an Order or request (for example, an organization’s contact person), the User confirms that they are entitled to transfer it.

15. Claims, governing law and disputes

15.1. The Terms and the relationship of the parties are governed by the law of the Republic of Kazakhstan.

15.2. Disputes are resolved through negotiations. Before going to court, a party sends the other party a written claim (to the Contractor — at [email protected]); the period for responding to a claim is 30 calendar days from the date of receipt.

15.3. If a dispute is not settled, it is considered by a court in accordance with the legislation of the Republic of Kazakhstan.

16. Miscellaneous

16.1. Messages sent to the email specified at registration or in the Order, and from the Contractor’s email, are recognized as proper written notices of the parties.

16.2. The invalidity of any provision of the Terms does not entail the invalidity of the remaining provisions.

16.3. The Contractor may engage third parties to perform the Terms, remaining responsible to the User for their actions.

17. Contractor’s contacts

Website: b2blistkz.com
Email: [email protected]