1 General provisions

1.1 This User Agreement (hereinafter referred to as the Agreement) regulates the relationship between the Owner, Administrator and User of the National Spatial Data Infrastructure geoportal.

1.2 The following terms are used in this Agreement:

1) Geoportal of the National Spatial Data Infrastructure (hereinafter referred to as the Geoportal) - information system representing a single window of access to spatial data of the Republic of Kazakhstan;

2) components of the Geoportal - parts of the Geoportal specialized in providing separate electronic services, information and (or) services;

3) electronic service (hereinafter referred to as the Service) - provision of information, interactive and transactional services to individuals and legal entities using information technologies;

4) owner of the Geoportal and its components (hereinafter referred to as the Owner) is an authorized body in the field of geodesy and cartography;

5) user of the Geoportal and its components (hereinafter referred to as the User) - any individual or legal entity that has accepted the terms and conditions of this Agreement, registered on the Geoportal and its components, using the services of the Geoportal and its components to obtain electronic information resources, information or interactive maps required by it within the framework of the current legislation of the Republic of Kazakhstan;

6) Administrator of the Geoportal and its components (hereinafter - Administrator) - RSE “National Center of Geodesy and Spatial Information”;

7) data provider - central state bodies, foreign agencies of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, capital, districts, cities of regional significance, akims of city districts, cities of district significance, settlements, villages, rural districts, as well as individuals and legal entities providing spatial data for placement on the Geoportal through services or by submitting to the National Spatial Data Fund.

8) third party - legal entity or natural person, which is not a governmental body, entitled to receive the relevant Confidential Information from the User by agreement or other legal basis;

9) electronic digital signature (hereinafter - EDS) - a set of electronic digital symbols created by means of electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of its content.

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

2 Subject of the Agreement

2.1 This Agreement is a public offer. By accessing the Geoportal materials and its components, the User shall be deemed to have joined and accepted all the terms and conditions of this Agreement.

2.2 Administrator has the right to unilaterally change the terms of this Agreement at any time with the consent of the Owner. The changes come into force after 3 (three) days from the date of posting a new version of the Agreement on the Geoportal and signing the new version of the Agreement by all Users again upon authorization with simultaneous loss of the previous version of the Agreement.

2.3 If the User does not agree with the changes made, he/she is obliged to refuse access to the Geoportal and its components and stop using the materials and services of the Geoportal and its components.

2.4 The User shall use the Geoportal components according to the instructions on their use, placed in the Personal Cabinet of the Geoportal.

2.6. The spatial data provider is responsible for the reliability of the information obtained as a result of rendering services via Geoportal and its components.

2.7. The e-mail address specified by the User in the Geoportal registration form is intended for receiving notifications in case of:

1) the User subscribes to receive service notifications;

2) password recovery, receiving a temporary password;

3) receiving a generated new password.

2.8 By signing this Agreement, the User assumes responsibility for collection, processing, storage, uploading and use of his/her personal data of citizens, foreigners and stateless persons and other information provided by the User on the Geoportal in order to provide him/her services through the Geoportal and its components, as well as to improve the quality of provided (rendered) services.

3 Rights and obligations of the Parties

3.1. The Owner and the Administrator have the right to:

3.1.1 If necessary, verify the validity of the entered data of the User, including by contacting state authorities and other organizations.

3.1.2. If the User violates the terms of this Agreement, refuse to register the User, delete or block the User's account.

3.1.3. In case the User's actions create threats to the access of other Users or to the data of other Users, the Administrator has the right to suspend or terminate the User's session and temporarily block its requests.

3.2. The user is entitled to:

3.2.1. To receive consulting and practical assistance from the Administrator in terms of using the Geoportal and its components by contacting the support service.

3.3. The Owner and the Administrator shall:

3.3.1 Ensure the confidentiality of the User's personal data by preventing their disclosure without the consent of the User or his legal representative or other legal basis, according to the current legislation of the Republic of Kazakhstan.

3.3.2 Ensure functioning of the Geoportal and its components.

3.3.3 Keep secret from unauthorized persons, not related to the data exchange process, the password entrusted to him for the User's access, except for cases stipulated by the legislation of the Republic of Kazakhstan.

3.4. The user is obligated to:

3.4.1. To receive services of the Geoportal and its components:

1) to have IIN (for physical persons);

2) before registration to have a valid EDS issued by the National Certification Center of the Republic of Kazakhstan, used in the sphere of “electronic government”;

3) to pass the registration procedure.

3.4.2 Provide the Owner and Administrator with accurate and complete information on the items offered in the Geoportal registration form or when using its components.

3.4.3. Not to take actions that may be considered as violating the legislation of the Republic of Kazakhstan or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of normal operation and services of the Geoportal and its components.

3.4.4 Do not allow contradiction of comments and other records of the User on the Geoportal and its components with the requirements of the legislation of the Republic of Kazakhstan and generally accepted norms of morality and ethics.

3.4.5 When working on the Geoportal do not impersonate another person, do not use materials containing viruses or other malicious software, use your own EDS.

3.4.6 Do not use the Geoportal and information received on the Geoportal for terrorism, extremism, incitement of interethnic discord and other purposes prohibited by the legislation of the Republic of Kazakhstan.

3.4.7 Properly comply with the terms and conditions of this Agreement.

4 Liability of the parties

4.1 In case of violation of the terms of this Agreement, which caused harm to all or one of the parties to the Agreement, the guilty party shall be liable in accordance with the laws of the Republic of Kazakhstan.

4.2 The Administrator is not responsible for technical temporary failures and interruptions in the Geoportal and its components, which occurred due to reasons beyond the control of the Administrator, the Owner or in case of scheduled maintenance of the Geoportal and its components.

4.3 The Owner and the Administrator are not responsible for temporary failures and interruptions of communication lines, other similar failures, as well as for malfunctions of a computer, mobile communication device, from which the User accesses the Geoportal and its components.

4.4 The Owner and Administrator shall not be liable to the User for actions of other Users, spatial data providers and any other participants of the Geoportal and its components.

4.5 The Owner and the Administrator shall not be liable for any direct, indirect damage, including loss of profit, loss of use, loss of data or any other intangible losses, damage to reputation and other damage arising from:

1) use or inability to use the Geoportal and its components by Users;

2) changes in the terms of the Agreement by the Owner and (or) Administrator.

4.6 The User is fully responsible:

for the reliability of the data provided when registering on the Geoportal and its components, as well as for untimely updating and correction of the data specified on the Geoportal.

for the actions of Third Parties, to whom the User provided access to the Geoportal and its components.

4.7. The User assumes all risks and possible damages resulting from the provision of false information about themselves, as well as for the transfer of their own data to third parties related to registration on the Geoportal and its components, and the use of its components.

4.8 When using the Geoportal, the User is not entitled to:

1) violate the rights of third parties, including minors and/or harm them in any form;

2) impersonate another person or representative of an organization and/or community without sufficient rights, as well as use any other forms and methods of unlawful representation of others online;

3) disrupt the normal operation of the Geoportal;

4) promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;

5) otherwise violate the norms of the legislation of the Republic of Kazakhstan, including the norms of international law.

5 Other provisions

5.1 All possible disputes arising out of or related to this Agreement shall be resolved in accordance with the applicable laws of the Republic of Kazakhstan.

5.2 Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any of the Users does not deprive the Owner of the right to take appropriate actions later in defense of his interests and protection of property and non-property rights to the Geoportal materials protected in accordance with the legislation.

5.3 This Agreement comes into force at the first visit of the User to the Geoportal and is valid between the User and the Administrator throughout the entire period of the User's use of the Geoportal.

5.4 This Agreement shall be regulated and interpreted in accordance with the legislation of the Republic of Kazakhstan. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan.