Client Agreement.
The present Agreement on the use of the Payment Collection and Distribution System of TОО TЗЕМ Solutions (hereinafter referred to as the Agreement) defines the terms of use of the Payment Collection and Distribution System of TОО TЗЕМ Solutions and, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, constitutes a written public offer addressed to individuals who have reached the age of 14 and possess the relevant legal capacity to enter into an Agreement for the use of the Payment Collection and Distribution System of TОО TЗЕМ Solutions under the following conditions.
4.2 Within separate contracts concluded by Operator with third parties, System's Website may be used for providing payment and/or banking services by banks or other payment service providers authorized under applicable law.
5.2. The procedure for making payments under civil law transactions:
5.2.1. The Operator provides informational support to the Client when transferring Electronic Money to Suppliers as payment for provided goods, works, and services.
5.2.2. The Operator determines the list of Suppliers for the Client and has the right to limit it based on the Client's Status or other restrictions specified on the System's Website.
5.2.3. The Client sends an Operational Order to the Settlement Bank to make a payment in favor of the Supplier using their Electronic Money. The payment operation is considered completed at the moment the Supplier receives notification of the crediting of Electronic Money, and the Client receives notification of successful payment completion.
5.2.4. Payment for goods, works, services, and other operations with Electronic Money is not made if the required amount for carrying out the operation is not available in the Client's account.
5.2.5. The Supplier may provide the Client with a receipt in the form of an electronic document confirming the payment made in accordance with the legislation of the Supplier's country.
5.2.6. In cases provided for by international payment system rules, when making payments using a Card, recalculation of the transaction amount may occur based on the currency of the transaction, calculation rules applicable by the acquiring bank, exchange rate applicable on the date of funds withdrawal, and taking into account other circumstances not regulated by the Operator. In this case, the Payment Collector has the right to unilaterally retain any resulting difference from such withdrawal or reimburse any excess amount withdrawn from the Client.
5.3. Procedure and Conditions for Refund
5.3.1. In the event that a refund of Electronic Money to the Client is necessary, the refund shall be carried out under the terms and in the manner provided for by this Agreement and the System Rules.
5.3.2. If the need to cancel a completed payment or transfer arises due to a software failure or an error by the Operator, or unauthorized access to the System caused by the Operator's fault, the refund of Electronic Money shall be made to the accounts of the participants in the transaction by conducting a reversal operation—restoring the rights of Participants to their Electronic Money involved in this payment or transfer at the time of initiating the operation according to the applicable rules of international payment systems (MPS: Visa and/or Mastercard, etc.), as well as those of the Payment Collector.
5.3.3. If the refund of Electronic Money to the Client results from one of the Parties' refusal to fulfil a contract concluded between the Supplier and the Registered Client, the refund of Electronic Money for a completed payment shall be carried out at the Supplier's request. The agreement on carrying out the refund shall be reached between the Supplier and Client without involving the Operator. The fulfilment of mutual obligations preceding such a request shall be carried out in accordance with the agreement between the Supplier and Client.
5.3.4. The Supplier has the right to carry out refunds using Electronic Money, cash, or any other method agreed upon with the Client.
5.3.5. If a refund is made using Electronic Money, the Supplier must carry out the operation to refund the payment amount within 5 (five) working days from the moment of forming a refund request, thereby acknowledging its obligation to refund Electronic Money. The Client and Supplier may agree on a longer refund period. The Client may not demand a shorter refund period for Electronic Money. In this case, the Client expresses consent and instructs the Settlement Bank to credit the corresponding amount of Electronic Money to their account.
5.3.6. If it is not possible to carry out a refund within the period specified in clause 5.3.5, the Client has the right to demand a cash refund or another method agreed upon with the Supplier.
5.3.7. The refund of Electronic Money is made in the full amount of the funds received by the Supplier, except in cases where the original nature of the transaction implies fees for processing the refund, or in other cases explicitly provided for by this Agreement or the System Rules.
5.3.8. Electronic Money received by the Client as part of loyalty programs is not subject to refund to the main account.
5.3.9. The Operator's commission, as well as any additional commission from the Settlement Bank, if applicable, are not subject to refund.
5.3.10. If delivery services are not included in the price of the goods sold, refunds for delivery using Electronic Money will not be made, provided that the deliverer's obligations are fulfilled in full and within the proper time frame.
5.3.11. If the need to process a refund of a payment or transfer of Electronic Money arises due to unauthorized access to the Client's account, the refund shall be carried out in accordance with the procedure and conditions specified in Section 8 of this Agreement and under the terms outlined in the System Rules.
5.3.12. The Client acknowledges and agrees that when making payments to Suppliers, for which refunds are processed within the System, the Client will independently contact the Supplier directly regarding such refunds. The Operator undertakes to provide informational support to the Client during inquiries related to these matters.
6.2. The Operator has the right under this Agreement to:
6.2.1. Modify the software and prohibit access to the System using outdated software. 6.2.2. In case of detecting malfunctions, errors, and failures in the operation of software and/or hardware involved in ensuring the functioning of the System, as well as for preventive purposes and to prevent unauthorized access to the System — suspend the operation of software and hardware.
6.2.3. Regardless of the Client's status, request documents verifying identity in cases explicitly provided for by this Agreement or Rules, as well as:
● for connecting additional services that require such verification;
● in cases where there are doubts about the legality of the Client's actions and proper use of the System;
● in other cases where the Client's actions affect the interests of the Operator, other Participants in the System, or third parties.
6.2.4. Through Payment Collectors refuse to conduct operations in cases:
● attempts to make a transfer exceeding the balance of Electronic Money in the Client's account;
● attempts to perform an operation exceeding a limit established by law or by the Operator and/or Payment Collector for one-time operations;
● if there is a need for the Operator to verify the Client's identity according to clause 6.2.3 of this Agreement;
● inability to maintain communication with services for reasons beyond the Operator's control;
● negative result from passing Authentication procedures by the Client;
● in other cases where performing an operation may cause losses to the Operator, Suppliers, or third parties;
● refusal by Payment Collectors and/or Settlement Bank to conduct a Client's operation;
● refusal by Payment Collectors to conduct a Client's operation.
6.2.5. Block a Client until they provide appropriate explanations at the Operator's request in cases:
● complaints from other Clients of the System or third parties regarding actions by the Client that violate their rights and legitimate interests;
● improper use of the System by Clients;
● actions by Clients that violate legislation in Kazakhstan as well as in countries where services are located;
● necessity arises to identify a Client in cases provided for by clause 6.2.3;
● detection by Operator attempts made (or made) any changes to software of System by Client, as well as performing other actions provided for in clause 6.1 of this Agreement;
● violation by Client other terms of Agreement or Rules.
6.2.6. Obtain and record identification information about Clients.
6.2.7. Provide information about Client Status to other Participants.
6.2.8. Provide Clients with other services; information and additional agreements available on System Website.
6.2.9. Limit available Suppliers based on Status, age of Client, and other restrictions specified on System Website.
6.2.10. Request consent from individuals under 18 years old from their legal representatives for using System.
6.2.11. Collect, store, process data about configuration and other characteristics of software-hardware used by Clients for accessing System; also collect data automatically transmitted to Operator during its use.
6.2.12 Collect, store and process data entered by Clients during operations and transmit this data to Suppliers when such transmission is necessary for executing Agreement. 6.2.13 Collect, store and process information about purchases made, paid services and works for targeted advertising purposes and statistical purposes; transmit statistical information to partners without disclosing personal data about Clients.
6.2.14 Use contact information provided by Clients for notifying them about events related to System and contacting them; including using data when they perform operations through System for sending informational letters or other information related to operation creation initiator.
6.2.15 Retain commission for certain types of operations performed by Clients; notify Clients about such commissions before confirming Operational Order.
6.2.16 Monitor operations performed by Clients; if there are suspicions regarding entrepreneurial activities subject to state registration as defined in clause 4.1., request confirmation regarding legality of actions performed using System; if legality is not confirmed, Operator has right to block Client; criteria for monitoring operations and sufficiency confirmation regarding legality are established at Operator’s discretion considering legislation in Kazakhstan.
6.3 The Operator must:
6.3.1 Ensure round-the-clock uninterrupted operation of System; provide technical support service for Clients.
6.3.2 In case malfunctions, errors are detected immediately take necessary measures to eliminate problem.
6.3.3 In case unauthorized access is detected suspend operations until threat from third parties interfering with movement Electronic money among accounts participants is eliminated.
6.3.4 In case suspension work system within planned preventive maintenance Operator does not notify Clients about suspension work system including time duration conducted works.
6.3.5 Organize payment specified goods works services upon request from Client;
6.3.6 Provide additional services presented on Website Systems upon acceptance conditions corresponding additional agreement by Client.
6.3.7 Ensure confidentiality security provided information from Clients; do not disclose transfer it third parties except cases listed this Agreement Rules also cases sending official request credit organizations judicial authorities or other authorized state bodies.
6.3.8 In case amendments additions made this Agreement unilaterally publish new version Agreement no later than 10 (ten) calendar days before new version comes into force.
6.4 The Client has right:
6.4.1 Use system conducting payments civil transactions transferring rights claims another client individual also ways not contradicting current legislation RK present Agreement Rules
6.4.2 Require refund payment order conditions provided present Agreement make repayment electronic money any available methods indicated website system
6.4.3 Use additional services system order conditions provided additional agreements available website system
6.4.5 Access all services system except limitations established operator
6.4.6 Receive information relevant using system
6.4.7 Send operator complaints actions participants system failures work system circumstances requiring operator intervention
6.4.8 Use system another way not violating affecting rights legitimate interests other participants system third parties also not violating norms legislation
6.4.9 Receive technical informational support
6.4.10 Through infrastructure operator use Apple Pay platform (hereinafter - Apple Pay Services) purpose paying goods/services suppliers through Apple products using bank cards; if client uses Apple Pay Services client confirms fully familiarized accepts agrees terms requirements established Apple Pay Service operator bears no responsibility improper familiarization client terms requirements established Apple Pay Service For purposes this paragraph following terms have following meanings: Apple Pay Platform - platform providing opportunity pay supplier services via technology Apple allowing end users Apple products (Clients) make payments using bank cards through Apple products Apple Products - any products services technologies including platform Apple Pay provided developed Apple Google Payment Service - Google service enabling clients make payments goods/services suppliers through Google products using bank cards whose data stored Google account client available payment method via Google Pay API Google Pay API - Google API which supplier accesses through operator purpose using Google Payment Service Google API - Application Programming Interfaces (APIs) provided Google ensuring access Google products Google Products - any products services technologies including Google API Google Pay API provided developed Google
6.5 Client must:
6.5.1 Client must comply with conditions present agreement rules when receiving additional services conditions additional agreements available website system
6.5.2. When using the System, provide the Operator with accurate information. Claims arising from circumstances resulting from the Client providing inaccurate information will not be considered.
6.5.3. Not transfer their authentication data and operation data provided to them by the Operator for conducting operations to third parties, and confirms that they are solely responsible for maintaining the confidentiality of this information and for any dissemination of operation data resulting from possible negligence by the Client, criminal encroachments by third parties, actions of harmful programs, computer virus attacks, or other unlawful or imprudent actions.
6.5.4. Properly care for the functionality and information security of the device used to access the System.
6.5.5. Not attempt to make changes to the software of the System in whole or in part, independently or by involving third parties.
6.5.6. Recognize electronic documents created using the System as documents created in simple paper form in accordance with the legislation of the Republic of Kazakhstan.
6.5.7. Timely notify the Operator of any changes in identification data (such as a change of surname due to marriage or divorce, etc.).
6.5.8. Timely update their authentication data in case of termination of their contract with a mobile communication operator for using the number registered in the System.
6.5.9. Immediately notify the Operator upon discovering an operation conducted without the Client's consent, unauthorized access to personal data of the Client, or loss of authentication data.
6.5.10. The Client undertakes not to conduct illegal financial operations through the System, via the Settlement Bank and/or Operator, illegal trade, operations for legalizing (laundering) income obtained through criminal means, or any other operations that violate legislation in the Republic of Kazakhstan.
7.2. The Operator undertakes to maintain confidentiality regarding all data transmitted to him by the Client, as well as data that becomes known to him during the Client's use of the System, except in cases provided for by this Agreement or the legislation of the Republic of Kazakhstan, as well as cases where such information is publicly known or disclosed at the request or with the permission of the Client.
7.3. The Client undertakes to independently take measures to protect their authentication data, provided PIN code, and other data provided to them by the System, which may allow unauthorized access or use of the System.
7.4. The Client acknowledges that the Operator is not liable to the Client in case of the Client transferring their data to third parties, transferring the System with their data, transferring a smartphone/tablet, etc., with the installed mobile application of the System, intentionally providing access to their account in the System, or any other violation of data confidentiality by the Client.
7.5. The Client acknowledges that in case of loss of the activation code provided to them, the Operator is not liable for any possible consequences.
7.6. The Client undertakes to promptly notify the Payment Collector of any operations carried out without their consent. In any case, an operation is considered to have been carried out by the Client. In case an operation benefiting the Client is erroneous, the Client undertakes to promptly inform the Settlement Bank and Operator about such operation; however, regardless of whether notification occurs, the Operator is not obliged to return any amounts received without proper grounds for any reasons and/or causes, including in case of erroneous and/or repeated crediting of money, erroneous and/or repeated replenishment of the Client's account in Supplier systems, erroneous and/or repeated crediting of money. Upon receiving motivated and documented notifications about such erroneous and/or repeated credits from other Participants, servicing banks, partners of the Operator, the Operator and/or Settlement Bank reserves the right to unilaterally debit amounts from the Client's account equal to such erroneous and/or repeated crediting without prior notification to the Client about these debits; information about which can be obtained by contacting User Support Service or by sending a request to the servicing bank of the Client if information about such bank is available to the Operator, including in cases of repeated and/or erroneous crediting of money to the Client's bank account.
7. 7. Suspicious operations are:
● A one-time transfer of Electronic Money balance to another Client's account exceeding 100,000 (One Hundred Thousand) tenge;
● Making more than 10 (Ten) transfers for an equal amount within one hour;
● Using proxy servers and anonymizers to access the System;
● Changing geolocation: changing IP belonging to a country within 2 (two) hours from last access to System;
● Suspicious operations recognized as such by legislation of Republic of Kazakhstan;
● Other operations raising suspicion regarding their authorization for execution.
7.8. In case of fraudulent operations by the Client or suspicion thereof, Payment Collector reserves the right not to provide service/reject payment acceptance.
7.9. In case fraudulent actions are committed by the Client or there are suspicions regarding such actions, at requests from card issuers and/or international payment systems, Operator reserves right without any restrictions to transfer information regarding such actions, Clients and activity in System to relevant issuers and international payment systems as well as contact law enforcement agencies.
7.10. By agreeing with terms of this Agreement, Client confirms that they agree on unrestricted transfer of their personal data to Operator of System and/or Settlement Bank.
7.11. When providing services involving processing operations using card data, Operator undertakes to engage only suppliers complying with PCI DSS (Payment Card Industry Data Security Standard) data security standards (having appropriate audit confirmation), and when providing services independently - ensures security in processing confidential data from Clients holding bank payment cards (card number, cardholder's surname and name, expiration date of card, three-digit authenticity verification code CVV2/CVC2/PPC2) considering requirements from international payment systems including PCI DSS standards.
8.2. The Operator is not liable for the Client's lack of access to the software or hardware necessary for the functioning of the System and is not responsible for any related losses incurred by the Client.
8.3. In the event of unlawful actions by third parties aimed at interfering with the operation of the System, the Operator is liable for the Client's losses only to the extent of documented damages.
8.4. The Operator is not liable for losses incurred by the Client as a result of providing inaccurate information to the System, including when the Client makes erroneous Operational Orders/actions.
8.5. In case of loss of authentication data, loss of password blocking the account by the Client, or other events whose consequences cannot be eliminated without identifying the Client's identity, the Operator is not liable to the Client for any possible losses.
8.6. The Parties to the Agreement are released from liability for non-fulfillment of mutual obligations if such non-fulfillment results from force majeure circumstances arising after the Agreement comes into effect or from extraordinary events that could not have been prevented or foreseen before concluding the Agreement. The Party affected by force majeure circumstances must notify the other Party no later than 10 days after such circumstances arise.
8.7. In cases not provided for in this Agreement, non-fulfillment or improper fulfillment by the Parties of their obligations under this Agreement entails liability in accordance with the legislation of the Republic of Kazakhstan.
8.8. In case of violation by the Client of obligations provided in clause 6.5.9 of this Agreement, the Operator is not liable for any use of the account by third parties (including using saved identification data of the Client) and for any losses that may be incurred by the Client as a result of such use by third parties. If any damage is caused to the Operator as a result of such use of the Client's account by a third party, including but not limited to damages related to fraudulent operations, fines, deductions from servicing banks, payment systems, or other organizations and government bodies, the Operator has the right to demand compensation for all losses from the Client since they arose directly from a violation by the Client of obligations provided in clause 6.5.9 of this Agreement.
9.2. Payment for services is made by deducting a commission from the Client by the Operator for providing Services by the Operator.
9.3. The Operator has the right to set commission rates for each type of operation performed.
9.4. The commission rate for each operation is communicated to the Client at the time of performing an operation before confirming Operational Orders by the Client.
10.2. The basis for initiating negotiations is the submission of a written claim by the Client to the Operator.
10.3. The claim shall be considered within thirty days, after which the Operator either satisfies the Client's claims or sends a written reasoned refusal to the Client.
10.4. If the dispute cannot be resolved through the claims procedure within 60 days, either Party has the right to appeal to the court at the location of the Operator, in accordance with the current legislation of the Republic of Kazakhstan.
11.2. The moment of conclusion of the Agreement and its entry into force is considered to be when the Client accepts the terms of this Agreement by registering in the System and/or completing an operation through the System.
11.3. Registration in the System and/or conducting an operation through the System means full and unconditional acceptance by the Client of the terms of this Agreement and Rules, without any exceptions or limitations, and is equivalent to concluding a bilateral written Agreement.
11.4. This Agreement is valid for an indefinite period or until it is terminated.
11.5. The Client may unilaterally terminate the Agreement with mandatory written notification to the Operator no later than three days before termination of the Agreement.
11.6. The Operator has the right to unilaterally terminate the Agreement at its discretion, as well as in case of gross violation by the Client of the terms of this Agreement or legislation of the Republic of Kazakhstan, with mandatory written notification to the Client no later than three days before termination of the Agreement.
11.7. The Operator may unilaterally amend this Agreement by posting changes on the System's Website. Changes take effect 10 (ten) days after publication unless a longer period is specified upon their posting. The obligation to familiarize oneself with the current version of this Agreement lies with the Client.
11.8. Use of the System after changes come into effect is understood by both parties as unconditional acceptance of these changes.
a) Confirms that they have read all the clauses of the Agreement and the Rules, fully understands all the terms, and accepts them completely without exceptions or exclusions;
b) Confirms that they are the owner of the bank (including card) account(s) used in exercising their rights within the System, in particular – when performing operations for the realization of electronic money and receiving money to the specified account.
c) Agrees to provide data to the Operator and grants the Operator the right, without any restrictions, to collect, process, store, and analyze their personal data in accordance with the Personal Data Processing Policy for the System's Website and the Personal Data Processing Policy for the Application. In addition to other provisions of the Rules and Agreement, the Client grants the Operator the right to transfer their personal data to the extent necessary for providing requested services to the Client, to Participants of the System, including Suppliers, as well as organizations engaged by the Operator for informational and technological support of payment services provided by the Operator, or other third parties that require such personal data due to enabling Client's access to Apple Platform and Google Payment Service as specified in clause 6.4 of this Agreement, provided that further dissemination of transferred data is limited by recognizing confidentiality provisions by receiving parties within contractual relations with the Operator.
d) Confirms that they have read all other offers from Participants of the System, fully understands all terms, and accepts them completely without exceptions or exclusions; these rules are supplemented by service rules in favor of which payment is made, and when paying, the client accepts offers from all project participants.
e) Consents to provide/transfer and receive information by/from official/legal sources by the Operator, including state databases of authorized bodies, for obtaining information from any possible sources directly and through credit bureaus/third parties, JSC "National Payment Corporation of National Bank of Kazakhstan" (hereinafter – NPC), official websites of authorized state bodies (portal of Electronic Government of Kazakhstan/Electronic Licensing and other official sources), Identification Data Processing Center based on NPC and other organizations/institutions entitled to receive/provide such information with which an agreement has been concluded for providing and receiving information with the aim of obtaining current and reliable information about the Client necessary for their identification, including remote identification, updating data about the Client, and performing other actions within proper verification of Clients according to requirements of legislation of Kazakhstan or with which Operator cooperates on other grounds according to conditions set by such third parties;
f) Consents to receive messages on their mobile phone number indicated by any Subject of the System, sending messages to their email address used during registration and/or performing operations, including without registration;
g) Confirms that they are not a legal entity or individual entrepreneur and agrees that Clients of the System can only be individuals who do not use the System for entrepreneurial activities considering provisions of clause 4.1. of this Agreement;
h) Confirms that neither Operator nor Settlement Bank is responsible for unauthorized interception and/or use of Client's data and/or operations due to reasons beyond control of Operator and/or Settlement Bank as well as for actions and/or transactions concluded by third parties as a result of using operation data with consent from Client;
i) Confirms that they bear sole responsibility for any tax obligations that may arise from receiving income through using System's website unless otherwise explicitly stated in this Agreement.
Actual address: Republic of Kazakhstan, postal code A05A3C5, Almaty city, Medeu district, Kunaev street 5-20
Legal address: Republic of Kazakhstan, postal code A05A3C5, Almaty city, Medeu district, Kunaev street 5-20
WhatsApp and Telegram at +7 (705) 481-07-25
E-mail: info@tzem.kz
BIN: 250440010275
IIC: KZ108562203145265928 at JSC "Bank CentrCredit"
BIC: KCJBKZKX
Date of approval of Agreement: May 2nd 2025
Date of entry into force: June 1st 2025
1.General Provisions
1.1. The Payment Collection and Distribution System of TОО TЗЕМ Solutions (hereinafter referred to as the System) organizes payments using any electronic money within the System in accordance with the legislation of the Republic of Kazakhstan, attracting professional participants in the financial market who have the necessary rights and licenses. 1.2. The System exists as a service, which can be accessed through a personal account on the website, via a mobile application, or using software. The System allows for payments to non-profit and commercial organizations, individual entrepreneurs providing goods and services, and other operations that do not contradict current legislation in Kazakhstan.2.Terms and Definitions Used in This Agreement
2.1. In this Agreement and in subsequent Addenda and Appendices to it, as well as in any correspondence regarding this Agreement, all terms and definitions are interpreted in accordance with the Rules of the System (hereinafter referred to as the Rules), available on the System's website located at: https://tzem.kz (hereinafter referred to as the System's Website).3.Subject of the Agreement
3.1. The subject of this Agreement is to provide services by the Operator (TОО "TЗЕМ Solutions"), which is not a payment organization, does not provide payment processing services to Clients using electronic money but only organizes such services for Payment Collectors by providing access to the Operator's infrastructure that ensures informational and technological interaction, including organizing collection, processing, and distribution of information among participants in settlements involving electronic money, and enabling its use for operations with Electronic Money, including: 3.1.1. organizing payments for goods, works, and services provided by Suppliers who are participants in the System through a Settlement Bank; 3.1.2. organizing transfers of Electronic Money between individuals - Clients of the System through a Settlement Bank; 3.1.3. organizing crediting funds to a Client's bank account through a Settlement Bank; 3.1.4. performing other operations provided for by this Agreement or agreements available on the System's Website. 3.2. Unless otherwise specified in this Agreement or special agreements, the Operator is not a party to transactions for buying-selling, providing services, performing works or other transactions concluded between Clients and Suppliers. In this regard: 3.2.1. The Operator does not control compliance with legal requirements for transactions, does not influence their terms, is not responsible for consequences arising from their conclusion, execution or termination, including issues related to refunds for such transactions; 3.2.2. The Operator is not liable to Clients for obligations arising from Suppliers or other Clients of the System; 3.2.3. The Operator does not consider claims from Clients regarding improper performance by Suppliers of their obligations, including obligations related to delivery of goods, performance of works or provision of services if obligations by the Operator have been fulfilled in full within due time. 3.3. The Operator organizes and ensures interaction among Participants in order to collect and distribute payments for access to content/goods/services. 3.4. The Operator may provide other services not listed in this Agreement if such services are accepted by Clients during operations. 3.5. The Parties confirm that provisions of Rules prevail over provisions of this Agreement; in case there are contradictions between individual provisions of this Agreement and Rules, Rules shall take precedence. If relations arising between Client and Operator are not regulated by Rules, norms of legislation of Kazakhstan and this Agreement shall apply. 3.6. The Parties specifically state that Operator does not engage in accepting advance or other payments nor does it perform any specific types of banking operations. 3.7 When carrying out or organizing certain categories of operations, Operator has right to involve third parties for fulfilling obligations.4.Special Conditions
4.1 Client confirms that he/she does not use the System for conducting entrepreneurial activities subject to state registration nor facilitates such use by third parties.4.2 Within separate contracts concluded by Operator with third parties, System's Website may be used for providing payment and/or banking services by banks or other payment service providers authorized under applicable law.
5. Procedure and Conditions for Using the System
5.1. For carrying out certain categories of operations, additional verification data may be requested from the Client to confirm the Client's identity and/or their rights to dispose of Electronic Money.5.2. The procedure for making payments under civil law transactions:
5.2.1. The Operator provides informational support to the Client when transferring Electronic Money to Suppliers as payment for provided goods, works, and services.
5.2.2. The Operator determines the list of Suppliers for the Client and has the right to limit it based on the Client's Status or other restrictions specified on the System's Website.
5.2.3. The Client sends an Operational Order to the Settlement Bank to make a payment in favor of the Supplier using their Electronic Money. The payment operation is considered completed at the moment the Supplier receives notification of the crediting of Electronic Money, and the Client receives notification of successful payment completion.
5.2.4. Payment for goods, works, services, and other operations with Electronic Money is not made if the required amount for carrying out the operation is not available in the Client's account.
5.2.5. The Supplier may provide the Client with a receipt in the form of an electronic document confirming the payment made in accordance with the legislation of the Supplier's country.
5.2.6. In cases provided for by international payment system rules, when making payments using a Card, recalculation of the transaction amount may occur based on the currency of the transaction, calculation rules applicable by the acquiring bank, exchange rate applicable on the date of funds withdrawal, and taking into account other circumstances not regulated by the Operator. In this case, the Payment Collector has the right to unilaterally retain any resulting difference from such withdrawal or reimburse any excess amount withdrawn from the Client.
5.3. Procedure and Conditions for Refund
5.3.1. In the event that a refund of Electronic Money to the Client is necessary, the refund shall be carried out under the terms and in the manner provided for by this Agreement and the System Rules.
5.3.2. If the need to cancel a completed payment or transfer arises due to a software failure or an error by the Operator, or unauthorized access to the System caused by the Operator's fault, the refund of Electronic Money shall be made to the accounts of the participants in the transaction by conducting a reversal operation—restoring the rights of Participants to their Electronic Money involved in this payment or transfer at the time of initiating the operation according to the applicable rules of international payment systems (MPS: Visa and/or Mastercard, etc.), as well as those of the Payment Collector.
5.3.3. If the refund of Electronic Money to the Client results from one of the Parties' refusal to fulfil a contract concluded between the Supplier and the Registered Client, the refund of Electronic Money for a completed payment shall be carried out at the Supplier's request. The agreement on carrying out the refund shall be reached between the Supplier and Client without involving the Operator. The fulfilment of mutual obligations preceding such a request shall be carried out in accordance with the agreement between the Supplier and Client.
5.3.4. The Supplier has the right to carry out refunds using Electronic Money, cash, or any other method agreed upon with the Client.
5.3.5. If a refund is made using Electronic Money, the Supplier must carry out the operation to refund the payment amount within 5 (five) working days from the moment of forming a refund request, thereby acknowledging its obligation to refund Electronic Money. The Client and Supplier may agree on a longer refund period. The Client may not demand a shorter refund period for Electronic Money. In this case, the Client expresses consent and instructs the Settlement Bank to credit the corresponding amount of Electronic Money to their account.
5.3.6. If it is not possible to carry out a refund within the period specified in clause 5.3.5, the Client has the right to demand a cash refund or another method agreed upon with the Supplier.
5.3.7. The refund of Electronic Money is made in the full amount of the funds received by the Supplier, except in cases where the original nature of the transaction implies fees for processing the refund, or in other cases explicitly provided for by this Agreement or the System Rules.
5.3.8. Electronic Money received by the Client as part of loyalty programs is not subject to refund to the main account.
5.3.9. The Operator's commission, as well as any additional commission from the Settlement Bank, if applicable, are not subject to refund.
5.3.10. If delivery services are not included in the price of the goods sold, refunds for delivery using Electronic Money will not be made, provided that the deliverer's obligations are fulfilled in full and within the proper time frame.
5.3.11. If the need to process a refund of a payment or transfer of Electronic Money arises due to unauthorized access to the Client's account, the refund shall be carried out in accordance with the procedure and conditions specified in Section 8 of this Agreement and under the terms outlined in the System Rules.
5.3.12. The Client acknowledges and agrees that when making payments to Suppliers, for which refunds are processed within the System, the Client will independently contact the Supplier directly regarding such refunds. The Operator undertakes to provide informational support to the Client during inquiries related to these matters.
6. Rights and Obligations of the Parties
6.1. During the use of the System, the Client is prohibited from making any changes to the System's software independently or with the involvement of third parties, as well as from searching for and exploiting found vulnerabilities, substituting requests, or performing any actions that may lead to a denial of service of the System or cause other harm to the interests of the Participants in the System. The Client is prohibited from providing access to the services and functions of the System without the Operator's consent, including providing services accessed by the Client through the System on third-party websites.6.2. The Operator has the right under this Agreement to:
6.2.1. Modify the software and prohibit access to the System using outdated software. 6.2.2. In case of detecting malfunctions, errors, and failures in the operation of software and/or hardware involved in ensuring the functioning of the System, as well as for preventive purposes and to prevent unauthorized access to the System — suspend the operation of software and hardware.
6.2.3. Regardless of the Client's status, request documents verifying identity in cases explicitly provided for by this Agreement or Rules, as well as:
● for connecting additional services that require such verification;
● in cases where there are doubts about the legality of the Client's actions and proper use of the System;
● in other cases where the Client's actions affect the interests of the Operator, other Participants in the System, or third parties.
6.2.4. Through Payment Collectors refuse to conduct operations in cases:
● attempts to make a transfer exceeding the balance of Electronic Money in the Client's account;
● attempts to perform an operation exceeding a limit established by law or by the Operator and/or Payment Collector for one-time operations;
● if there is a need for the Operator to verify the Client's identity according to clause 6.2.3 of this Agreement;
● inability to maintain communication with services for reasons beyond the Operator's control;
● negative result from passing Authentication procedures by the Client;
● in other cases where performing an operation may cause losses to the Operator, Suppliers, or third parties;
● refusal by Payment Collectors and/or Settlement Bank to conduct a Client's operation;
● refusal by Payment Collectors to conduct a Client's operation.
6.2.5. Block a Client until they provide appropriate explanations at the Operator's request in cases:
● complaints from other Clients of the System or third parties regarding actions by the Client that violate their rights and legitimate interests;
● improper use of the System by Clients;
● actions by Clients that violate legislation in Kazakhstan as well as in countries where services are located;
● necessity arises to identify a Client in cases provided for by clause 6.2.3;
● detection by Operator attempts made (or made) any changes to software of System by Client, as well as performing other actions provided for in clause 6.1 of this Agreement;
● violation by Client other terms of Agreement or Rules.
6.2.6. Obtain and record identification information about Clients.
6.2.7. Provide information about Client Status to other Participants.
6.2.8. Provide Clients with other services; information and additional agreements available on System Website.
6.2.9. Limit available Suppliers based on Status, age of Client, and other restrictions specified on System Website.
6.2.10. Request consent from individuals under 18 years old from their legal representatives for using System.
6.2.11. Collect, store, process data about configuration and other characteristics of software-hardware used by Clients for accessing System; also collect data automatically transmitted to Operator during its use.
6.2.12 Collect, store and process data entered by Clients during operations and transmit this data to Suppliers when such transmission is necessary for executing Agreement. 6.2.13 Collect, store and process information about purchases made, paid services and works for targeted advertising purposes and statistical purposes; transmit statistical information to partners without disclosing personal data about Clients.
6.2.14 Use contact information provided by Clients for notifying them about events related to System and contacting them; including using data when they perform operations through System for sending informational letters or other information related to operation creation initiator.
6.2.15 Retain commission for certain types of operations performed by Clients; notify Clients about such commissions before confirming Operational Order.
6.2.16 Monitor operations performed by Clients; if there are suspicions regarding entrepreneurial activities subject to state registration as defined in clause 4.1., request confirmation regarding legality of actions performed using System; if legality is not confirmed, Operator has right to block Client; criteria for monitoring operations and sufficiency confirmation regarding legality are established at Operator’s discretion considering legislation in Kazakhstan.
6.3 The Operator must:
6.3.1 Ensure round-the-clock uninterrupted operation of System; provide technical support service for Clients.
6.3.2 In case malfunctions, errors are detected immediately take necessary measures to eliminate problem.
6.3.3 In case unauthorized access is detected suspend operations until threat from third parties interfering with movement Electronic money among accounts participants is eliminated.
6.3.4 In case suspension work system within planned preventive maintenance Operator does not notify Clients about suspension work system including time duration conducted works.
6.3.5 Organize payment specified goods works services upon request from Client;
6.3.6 Provide additional services presented on Website Systems upon acceptance conditions corresponding additional agreement by Client.
6.3.7 Ensure confidentiality security provided information from Clients; do not disclose transfer it third parties except cases listed this Agreement Rules also cases sending official request credit organizations judicial authorities or other authorized state bodies.
6.3.8 In case amendments additions made this Agreement unilaterally publish new version Agreement no later than 10 (ten) calendar days before new version comes into force.
6.4 The Client has right:
6.4.1 Use system conducting payments civil transactions transferring rights claims another client individual also ways not contradicting current legislation RK present Agreement Rules
6.4.2 Require refund payment order conditions provided present Agreement make repayment electronic money any available methods indicated website system
6.4.3 Use additional services system order conditions provided additional agreements available website system
6.4.5 Access all services system except limitations established operator
6.4.6 Receive information relevant using system
6.4.7 Send operator complaints actions participants system failures work system circumstances requiring operator intervention
6.4.8 Use system another way not violating affecting rights legitimate interests other participants system third parties also not violating norms legislation
6.4.9 Receive technical informational support
6.4.10 Through infrastructure operator use Apple Pay platform (hereinafter - Apple Pay Services) purpose paying goods/services suppliers through Apple products using bank cards; if client uses Apple Pay Services client confirms fully familiarized accepts agrees terms requirements established Apple Pay Service operator bears no responsibility improper familiarization client terms requirements established Apple Pay Service For purposes this paragraph following terms have following meanings: Apple Pay Platform - platform providing opportunity pay supplier services via technology Apple allowing end users Apple products (Clients) make payments using bank cards through Apple products Apple Products - any products services technologies including platform Apple Pay provided developed Apple Google Payment Service - Google service enabling clients make payments goods/services suppliers through Google products using bank cards whose data stored Google account client available payment method via Google Pay API Google Pay API - Google API which supplier accesses through operator purpose using Google Payment Service Google API - Application Programming Interfaces (APIs) provided Google ensuring access Google products Google Products - any products services technologies including Google API Google Pay API provided developed Google
6.5 Client must:
6.5.1 Client must comply with conditions present agreement rules when receiving additional services conditions additional agreements available website system
6.5.2. When using the System, provide the Operator with accurate information. Claims arising from circumstances resulting from the Client providing inaccurate information will not be considered.
6.5.3. Not transfer their authentication data and operation data provided to them by the Operator for conducting operations to third parties, and confirms that they are solely responsible for maintaining the confidentiality of this information and for any dissemination of operation data resulting from possible negligence by the Client, criminal encroachments by third parties, actions of harmful programs, computer virus attacks, or other unlawful or imprudent actions.
6.5.4. Properly care for the functionality and information security of the device used to access the System.
6.5.5. Not attempt to make changes to the software of the System in whole or in part, independently or by involving third parties.
6.5.6. Recognize electronic documents created using the System as documents created in simple paper form in accordance with the legislation of the Republic of Kazakhstan.
6.5.7. Timely notify the Operator of any changes in identification data (such as a change of surname due to marriage or divorce, etc.).
6.5.8. Timely update their authentication data in case of termination of their contract with a mobile communication operator for using the number registered in the System.
6.5.9. Immediately notify the Operator upon discovering an operation conducted without the Client's consent, unauthorized access to personal data of the Client, or loss of authentication data.
6.5.10. The Client undertakes not to conduct illegal financial operations through the System, via the Settlement Bank and/or Operator, illegal trade, operations for legalizing (laundering) income obtained through criminal means, or any other operations that violate legislation in the Republic of Kazakhstan.
7. Confidentiality and Security.
7.1. The Operator is responsible for ensuring the security of the System, protecting transmitted data and information.7.2. The Operator undertakes to maintain confidentiality regarding all data transmitted to him by the Client, as well as data that becomes known to him during the Client's use of the System, except in cases provided for by this Agreement or the legislation of the Republic of Kazakhstan, as well as cases where such information is publicly known or disclosed at the request or with the permission of the Client.
7.3. The Client undertakes to independently take measures to protect their authentication data, provided PIN code, and other data provided to them by the System, which may allow unauthorized access or use of the System.
7.4. The Client acknowledges that the Operator is not liable to the Client in case of the Client transferring their data to third parties, transferring the System with their data, transferring a smartphone/tablet, etc., with the installed mobile application of the System, intentionally providing access to their account in the System, or any other violation of data confidentiality by the Client.
7.5. The Client acknowledges that in case of loss of the activation code provided to them, the Operator is not liable for any possible consequences.
7.6. The Client undertakes to promptly notify the Payment Collector of any operations carried out without their consent. In any case, an operation is considered to have been carried out by the Client. In case an operation benefiting the Client is erroneous, the Client undertakes to promptly inform the Settlement Bank and Operator about such operation; however, regardless of whether notification occurs, the Operator is not obliged to return any amounts received without proper grounds for any reasons and/or causes, including in case of erroneous and/or repeated crediting of money, erroneous and/or repeated replenishment of the Client's account in Supplier systems, erroneous and/or repeated crediting of money. Upon receiving motivated and documented notifications about such erroneous and/or repeated credits from other Participants, servicing banks, partners of the Operator, the Operator and/or Settlement Bank reserves the right to unilaterally debit amounts from the Client's account equal to such erroneous and/or repeated crediting without prior notification to the Client about these debits; information about which can be obtained by contacting User Support Service or by sending a request to the servicing bank of the Client if information about such bank is available to the Operator, including in cases of repeated and/or erroneous crediting of money to the Client's bank account.
7. 7. Suspicious operations are:
● A one-time transfer of Electronic Money balance to another Client's account exceeding 100,000 (One Hundred Thousand) tenge;
● Making more than 10 (Ten) transfers for an equal amount within one hour;
● Using proxy servers and anonymizers to access the System;
● Changing geolocation: changing IP belonging to a country within 2 (two) hours from last access to System;
● Suspicious operations recognized as such by legislation of Republic of Kazakhstan;
● Other operations raising suspicion regarding their authorization for execution.
7.8. In case of fraudulent operations by the Client or suspicion thereof, Payment Collector reserves the right not to provide service/reject payment acceptance.
7.9. In case fraudulent actions are committed by the Client or there are suspicions regarding such actions, at requests from card issuers and/or international payment systems, Operator reserves right without any restrictions to transfer information regarding such actions, Clients and activity in System to relevant issuers and international payment systems as well as contact law enforcement agencies.
7.10. By agreeing with terms of this Agreement, Client confirms that they agree on unrestricted transfer of their personal data to Operator of System and/or Settlement Bank.
7.11. When providing services involving processing operations using card data, Operator undertakes to engage only suppliers complying with PCI DSS (Payment Card Industry Data Security Standard) data security standards (having appropriate audit confirmation), and when providing services independently - ensures security in processing confidential data from Clients holding bank payment cards (card number, cardholder's surname and name, expiration date of card, three-digit authenticity verification code CVV2/CVC2/PPC2) considering requirements from international payment systems including PCI DSS standards.
8. Liability of the Parties
8.1. The Operator is not responsible for temporary unavailability of the System, failures, and errors in the operation of hardware or software that occur through no fault of the Operator, and is not liable for any possible losses incurred by the Client in this case.8.2. The Operator is not liable for the Client's lack of access to the software or hardware necessary for the functioning of the System and is not responsible for any related losses incurred by the Client.
8.3. In the event of unlawful actions by third parties aimed at interfering with the operation of the System, the Operator is liable for the Client's losses only to the extent of documented damages.
8.4. The Operator is not liable for losses incurred by the Client as a result of providing inaccurate information to the System, including when the Client makes erroneous Operational Orders/actions.
8.5. In case of loss of authentication data, loss of password blocking the account by the Client, or other events whose consequences cannot be eliminated without identifying the Client's identity, the Operator is not liable to the Client for any possible losses.
8.6. The Parties to the Agreement are released from liability for non-fulfillment of mutual obligations if such non-fulfillment results from force majeure circumstances arising after the Agreement comes into effect or from extraordinary events that could not have been prevented or foreseen before concluding the Agreement. The Party affected by force majeure circumstances must notify the other Party no later than 10 days after such circumstances arise.
8.7. In cases not provided for in this Agreement, non-fulfillment or improper fulfillment by the Parties of their obligations under this Agreement entails liability in accordance with the legislation of the Republic of Kazakhstan.
8.8. In case of violation by the Client of obligations provided in clause 6.5.9 of this Agreement, the Operator is not liable for any use of the account by third parties (including using saved identification data of the Client) and for any losses that may be incurred by the Client as a result of such use by third parties. If any damage is caused to the Operator as a result of such use of the Client's account by a third party, including but not limited to damages related to fraudulent operations, fines, deductions from servicing banks, payment systems, or other organizations and government bodies, the Operator has the right to demand compensation for all losses from the Client since they arose directly from a violation by the Client of obligations provided in clause 6.5.9 of this Agreement.
9. Tariffs:
9.1. The services provided by the Operator are paid services.9.2. Payment for services is made by deducting a commission from the Client by the Operator for providing Services by the Operator.
9.3. The Operator has the right to set commission rates for each type of operation performed.
9.4. The commission rate for each operation is communicated to the Client at the time of performing an operation before confirming Operational Orders by the Client.
10. Procedure for Consideration and Resolution of Disputes
10.1. All disputes and disagreements arising in the process of using the System under this Agreement shall be resolved through negotiations.10.2. The basis for initiating negotiations is the submission of a written claim by the Client to the Operator.
10.3. The claim shall be considered within thirty days, after which the Operator either satisfies the Client's claims or sends a written reasoned refusal to the Client.
10.4. If the dispute cannot be resolved through the claims procedure within 60 days, either Party has the right to appeal to the court at the location of the Operator, in accordance with the current legislation of the Republic of Kazakhstan.
11. Procedure for Conclusion, Termination, and Amendment of the Agreement
11.1. This Agreement is concluded on the terms of a Public Offer Agreement.11.2. The moment of conclusion of the Agreement and its entry into force is considered to be when the Client accepts the terms of this Agreement by registering in the System and/or completing an operation through the System.
11.3. Registration in the System and/or conducting an operation through the System means full and unconditional acceptance by the Client of the terms of this Agreement and Rules, without any exceptions or limitations, and is equivalent to concluding a bilateral written Agreement.
11.4. This Agreement is valid for an indefinite period or until it is terminated.
11.5. The Client may unilaterally terminate the Agreement with mandatory written notification to the Operator no later than three days before termination of the Agreement.
11.6. The Operator has the right to unilaterally terminate the Agreement at its discretion, as well as in case of gross violation by the Client of the terms of this Agreement or legislation of the Republic of Kazakhstan, with mandatory written notification to the Client no later than three days before termination of the Agreement.
11.7. The Operator may unilaterally amend this Agreement by posting changes on the System's Website. Changes take effect 10 (ten) days after publication unless a longer period is specified upon their posting. The obligation to familiarize oneself with the current version of this Agreement lies with the Client.
11.8. Use of the System after changes come into effect is understood by both parties as unconditional acceptance of these changes.
12. Final Provisions
12.1. By registering in the System and/or performing operations without registration, the Client:a) Confirms that they have read all the clauses of the Agreement and the Rules, fully understands all the terms, and accepts them completely without exceptions or exclusions;
b) Confirms that they are the owner of the bank (including card) account(s) used in exercising their rights within the System, in particular – when performing operations for the realization of electronic money and receiving money to the specified account.
c) Agrees to provide data to the Operator and grants the Operator the right, without any restrictions, to collect, process, store, and analyze their personal data in accordance with the Personal Data Processing Policy for the System's Website and the Personal Data Processing Policy for the Application. In addition to other provisions of the Rules and Agreement, the Client grants the Operator the right to transfer their personal data to the extent necessary for providing requested services to the Client, to Participants of the System, including Suppliers, as well as organizations engaged by the Operator for informational and technological support of payment services provided by the Operator, or other third parties that require such personal data due to enabling Client's access to Apple Platform and Google Payment Service as specified in clause 6.4 of this Agreement, provided that further dissemination of transferred data is limited by recognizing confidentiality provisions by receiving parties within contractual relations with the Operator.
d) Confirms that they have read all other offers from Participants of the System, fully understands all terms, and accepts them completely without exceptions or exclusions; these rules are supplemented by service rules in favor of which payment is made, and when paying, the client accepts offers from all project participants.
e) Consents to provide/transfer and receive information by/from official/legal sources by the Operator, including state databases of authorized bodies, for obtaining information from any possible sources directly and through credit bureaus/third parties, JSC "National Payment Corporation of National Bank of Kazakhstan" (hereinafter – NPC), official websites of authorized state bodies (portal of Electronic Government of Kazakhstan/Electronic Licensing and other official sources), Identification Data Processing Center based on NPC and other organizations/institutions entitled to receive/provide such information with which an agreement has been concluded for providing and receiving information with the aim of obtaining current and reliable information about the Client necessary for their identification, including remote identification, updating data about the Client, and performing other actions within proper verification of Clients according to requirements of legislation of Kazakhstan or with which Operator cooperates on other grounds according to conditions set by such third parties;
f) Consents to receive messages on their mobile phone number indicated by any Subject of the System, sending messages to their email address used during registration and/or performing operations, including without registration;
g) Confirms that they are not a legal entity or individual entrepreneur and agrees that Clients of the System can only be individuals who do not use the System for entrepreneurial activities considering provisions of clause 4.1. of this Agreement;
h) Confirms that neither Operator nor Settlement Bank is responsible for unauthorized interception and/or use of Client's data and/or operations due to reasons beyond control of Operator and/or Settlement Bank as well as for actions and/or transactions concluded by third parties as a result of using operation data with consent from Client;
i) Confirms that they bear sole responsibility for any tax obligations that may arise from receiving income through using System's website unless otherwise explicitly stated in this Agreement.
13. Details
Operator: LLP "TSEM Solutions"Actual address: Republic of Kazakhstan, postal code A05A3C5, Almaty city, Medeu district, Kunaev street 5-20
Legal address: Republic of Kazakhstan, postal code A05A3C5, Almaty city, Medeu district, Kunaev street 5-20
WhatsApp and Telegram at +7 (705) 481-07-25
E-mail: info@tzem.kz
BIN: 250440010275
IIC: KZ108562203145265928 at JSC "Bank CentrCredit"
BIC: KCJBKZKX
Date of approval of Agreement: May 2nd 2025
Date of entry into force: June 1st 2025
