Public offer to enter into an agreement for a partner to join the Invictus Market
PUBLIC OFFER TO ENTER INTO AN AGREEMENT FOR A PARTNER TO JOIN THE INVICTUS MARKET MARKETPLACE
(terms for connecting and listing goods, works and services
on invictus.kz and in the Invictus mobile application)
Publication / effective date: 1 September 2026
Permanent publication address: https://invictus.kz
GoPass Platform LLP, Business Identification Number (BIN) 221040004076 (hereinafter the “Platform”), offers legal entities and individual entrepreneurs the opportunity to enter into an agreement to connect to the Marketplace on the standard terms set out below.
This Offer is published for the information of an indefinite number of potential partners, but does not constitute a public contract and does not oblige the Platform to connect every applicant. The Agreement is formed only through the acceptance procedure set out in the “Conclusion of the Agreement” section. Until such acceptance is completed, a submitted application is treated as a request for connection.
TERMS AND INTERPRETATION
- Offer means these standard terms of the agreement of adhesion in their current version or the applicable archived version.
- Application means an individual application for accession specifying the Partner, Online Store, website and other sales channels, categories, Items for Sale, and commercial, operational and special terms.
- Entryx.io Platform means the Platform’s software and technical system for managing the storefront, Listings, Orders, confirmations of performance, registers, bonuses and refunds.
- Marketplace means the section of the electronic trading platform within the Invictus mobile application that is technically connected to the Entryx.io Platform and administered by the Platform.
- Partner / Online Store means the person specified in the accepted Application who sells goods, performs works or provides services to Buyers in its own name.
- Buyer means an individual placing an Order through the Marketplace for purposes unrelated to entrepreneurial activity.
- Item for Sale means goods, work, a service, subscription, service programme, digital product or certificate expressly permitted by the Offer and individually agreed in the Application.
- Category means a group of similar Items for Sale for which separate admission rules, a commission, a bonus limit and other terms are established in the Application.
- Listing means a Platform-approved product or service page for a specific Item for Sale, containing seller details, the price, essential characteristics and terms of performance.
- Order means a purchase of one or more Listings placed by a Buyer through the Marketplace.
- Payment Provider means a bank, payment organisation or other lawfully operating payment service provider integrated with the Marketplace.
- Monetary Portion means the part of the Order price paid by the Buyer in money through the Payment Provider.
- Bonus Portion means the part of the Order price to which the Platform applies a discount by deducting bonuses from the Buyer’s bonus balance. The Bonus Portion is an internal accounting measure of the Platform and is not a monetary payment to the Partner.
- Confirmation of Performance means a one-time code, an action by the Buyer, a delivery status or another verifiable event specified in the Application confirming handover of goods or completion of a service stage.
- Deduction means a reduction of the amount payable to the Partner by an amount expressly provided for in the Agreement in respect of a commission, refund, chargeback, actual expense, contractual penalty or documented claim.
- Hold on Funds means the temporary reservation of a disputed amount pending completion of a review; it does not in itself constitute a final deduction or an admission of a breach.
- MCI means the monthly calculation index established by the legislation of the Republic of Kazakhstan and effective on the date of the relevant breach.
- The Offer and the accepted Application are jointly referred to as the “Agreement”. In the event of a conflict, the special terms of the Application prevail only in respect of the matter expressly governed by them and only if they do not diminish the Buyer’s mandatory rights.
CONCLUSION OF THE AGREEMENT AND PRIORITY OF DOCUMENTS
- A prospective partner completes the Application in the Platform’s prescribed form and provides registration, banking, tax, authorisation and other requested documents. The Platform may carry out identification, compliance checks and testing.
- Signing the Application without confirmation by the Platform does not create an obligation to provide connection. The Agreement is deemed concluded on the date when, after receiving the Application signed by the Partner, the Platform: (a) signs it, including by electronic digital signature; or (b) sends a notice activating the Online Store from an authorised address or through the system. The notice may specify a later effective time.
- Acceptance constitutes full and unconditional acceptance of the version of the Offer identified in the Application. Unilateral reservations, amendments and additions made by the Partner do not apply unless the Platform expressly confirms them in the special terms section.
- The Application, the Offer, activation records in the system, documents bearing an electronic digital signature, scanned copies and agreed electronic correspondence form a single Agreement and may be stored electronically.
- The Platform maintains an archive of versions of the Offer with their effective dates. An Order is governed by the version effective when it was placed, unless a new version improves the position of the Buyer and the Partner.
SUBJECT MATTER OF THE AGREEMENT AND ALLOCATION OF ROLES
- The Platform provides the Partner with access to the agreed functionality of Entryx.io, creates and administers its storefront on the Marketplace, and provides technical processing of Orders, bonuses and confirmations, integration with the Payment Provider, settlement accounting and refund functionality. The Partner sells its own Items for Sale and pays for the Platform’s services.
- The Partner alone is the seller of goods, manufacturer and/or provider of works or services in relation to the Buyer. The contract for a specific Order is concluded directly between the Partner and the Buyer. The Platform does not acquire ownership of Items for Sale and is not their manufacturer, supplier, medical organisation or service provider.
- Within its area of control, the Platform is responsible for the operation of the part of the Marketplace it manages, the accuracy of the Platform’s own materials and the existence of lawful grounds to use and administer the GoPass, GPP, Entryx.io and Invictus designations to the extent necessary for the Agreement.
- The Partner bears full responsibility for its goods, works and services, their legality, quality, safety, composition, labelling, storage, advertising, delivery, time limits, warranties, authorisation documents, fiscal recording, refunds and information it provides to the Platform or the Buyer.
- The Platform does not independently provide banking or payment services. Money is received, processed, refunded and transferred by the Payment Provider under the applicable payment arrangement.
- The Platform does not guarantee the Partner any number of Orders, Monetary Turnover, ranking in search results, advertising participation, profit or other commercial outcome.
ADMISSION OF THE PARTNER, CATEGORIES AND LISTINGS
- Active brands, websites and pages, Categories, Items for Sale, territories, the seller, manufacturer/service provider and operating model are specified in the Application. Admission of one Category or Listing does not constitute approval of other goods, services, terms or entities.
- Sales may begin only after written or system confirmation by the Platform. Before confirmation, the Partner must not create the impression that it is connected to Invictus Market or endorsed by the Invictus brand.
- Each Listing is subject to moderation. The Platform may reject, hide, edit the form of, or require corrections to a Listing, image, description or advertising claim if it does not comply with the Agreement, legislation, safety or brand requirements, or gives rise to a substantiated reputational risk.
- Without the Platform’s written consent, the Partner may not connect another brand or seller, list third-party goods or services, engage sub-sellers, transfer its account or change the person actually fulfilling Orders.
- Seller information must match across the Marketplace, the Partner’s website and pages, payment and fiscal documents, the customer offer, the privacy policy and advertising materials. Until discrepancies are resolved, the Platform may decline to launch or may suspend the Online Store.
- A change of seller, bank details, brand, Category, material settlement model or key terms for the Buyer requires an updated Application or written approval. Operational information on prices for future Orders, stock levels and schedules may be updated in the Platform after moderation.
OBLIGATIONS AND RIGHTS OF THE PLATFORM
- The Platform creates an account, displays approved Listings, provides Order information to the Partner, maintains the registers available to it of transactions, commissions, bonuses, refunds and amounts payable, and records Buyer enquiries.
- The Platform maintains the infrastructure under its control and may change functionality and carry out scheduled or emergency maintenance. As a rule, the Platform gives at least 24 hours’ notice of scheduled maintenance that materially affects sales.
- The Platform may conduct documentary checks, request supporting information, engage the Payment Provider, banks, delivery services, cloud providers and other contractors, and disclose to them the minimum necessary data.
- The Platform may suspend Listings, Categories, acceptance of new Orders or an account, initiate refunds and give the Payment Provider instructions under the Agreement concerning the transfer, reservation, holding and refund of funds.
- The Platform observes confidentiality and personal data protection requirements within its area of control and uses the Partner’s materials only to perform the Agreement and carry out agreed promotional activities.
PARTNER OBLIGATIONS AND TRANSPARENCY OF TERMS FOR THE BUYER
- The Partner independently, at its own expense and risk, manufactures, assembles, stores, hands over and delivers goods and/or performs works and services in full compliance with the Listing, the Order, its own customer offer and the Application.
- The Partner warrants that its activities are lawful, that its Items for Sale are safe and of proper quality, and that it holds the mandatory notifications, licences, permits, certificates, declarations, sanitary documents and qualifications applicable to the Category.
- Before payment, the Partner ensures clear disclosure to the Buyer of: the seller’s full name and details; essential characteristics, composition, contraindications and allergens; the full price; the time, territory and method of performance; delivery costs; warranty; cancellation, early withdrawal and refund procedures; and all other mandatory terms.
- The Partner publishes an up-to-date customer offer/sales rules, privacy policy, and delivery and refund rules on its website and other channels, and provides direct links to the Platform. The links must be accessible to the Buyer before an Order is placed. Changes do not apply retroactively to Orders already paid for.
- The Partner must not impose on the Buyer a penalty or fee for early termination/withdrawal, a concealed contractual penalty, an administrative charge, a hidden commission, a mandatory additional payment or any other deduction that was not clearly disclosed before payment or is unrelated to the part of the Order actually performed.
- If the Buyer withdraws early, the Partner may claim only the value of goods actually handed over, the part of a service actually provided, and documented, reasonable expenses directly related to performance, to the extent permitted by law and disclosed in advance where such disclosure is mandatory. The Platform’s commission, payment fees and internal administrative expenses must not be deducted from the amount required to be refunded to the Buyer.
- The price of a confirmed Order may not be increased. Inflating the base price before applying bonuses or a discount, substituting goods/services without the Buyer’s consent, or adding conditions after payment is prohibited.
- The Partner issues the fiscal receipt and other sales documents required by law, correctly records the Monetary Portion and the Bonus Portion discount, and independently fulfils its tax obligations.
- The Partner confirms and fulfils Orders and handles enquiries within the time limits set out in the Application; it retains evidence of quality, completeness, handover, delivery and performance for the applicable period and provides such evidence upon request.
- The Partner must not create fictitious Orders or confirmations, cash out bonuses, divert the Buyer to payments outside the Marketplace, or use the data received for advertising without a separate lawful basis.
- The Partner keeps account credentials secure and notifies the Platform of their loss, a security incident or any change in registration, banking, contact or authorisation details immediately, but no later than 1 business day; a data breach must be reported no later than 2 hours after discovery.
MARKETING CLAIMS AND PROHIBITED PROMISES OF RESULTS
- The Partner may not guarantee the Buyer weight loss or gain, treatment, recovery, disease prevention, a specific appearance-related, athletic, financial or other result if that result depends on individual factors or is not supported by applicable evidence and authorisations.
- Pseudoscientific and manipulative claims, presenting a non-medical service as medical, concealing contraindications, fictitious reviews, distorted “before/after” images, false information about specialists, scarcity, certification or Invictus endorsement, and promises of results without clear conditions and limitations are prohibited.
- Indicative outcomes are permitted only where there is a lawful and verifiable basis, with disclosure of the factors affecting the result and without a guarantee. Nutrition and fitness programmes and consultancy services must not be presented as diagnosis or treatment and do not replace a physician unless the Partner is an authorised medical organisation acting within an expressly agreed Category.
- The Partner provides evidence supporting advertising claims upon request. Pending receipt of such evidence, the Platform may immediately hide the material or Listing without compensating the Partner for lost profits.
ORDERS AND CONFIRMATION OF PERFORMANCE
- Before payment, the interface displays the seller, the Item for Sale, the full price, the Monetary and Bonus Portions, delivery, the time and method of performance, cancellation, refund and other mandatory terms.
- An Order is deemed accepted by the Partner upon confirmation in the Platform and successful processing of the Monetary Portion by the Payment Provider, unless the Application specifies a different time.
- The Monetary Portion may be unavailable for transfer until Confirmation of Performance. For staged services, subscriptions or programmes, confirmation and settlement may be carried out for each stage, day, delivery or other measurable unit.
- If the Partner cannot fulfil an Order, it immediately notifies the Platform. The Platform may cancel the Order and initiate a refund of the Monetary Portion and restoration of the Bonus Portion.
- Changes to the address, date, composition, schedule, scope or duration are permitted only with the Buyer’s consent and are recorded in the Platform or a support channel accessible to the Platform.
- System records, Payment Provider information, one-time codes, delivery statuses, documents and correspondence in agreed channels are recognised as evidence unless a technical error or inaccuracy is proven.
BONUSES, COMMISSIONS AND SETTLEMENTS
- For calculating the discount, 1 bonus notionally corresponds to 1 tenge. Bonuses are credited, recorded and deducted exclusively by the Platform in the Buyer’s application/account; they are neither money nor electronic money, cannot be cashed out and do not give the Partner a monetary claim against the Platform.
- When bonuses are used, the Platform deducts the corresponding number of bonuses from the Buyer’s bonus balance and applies a discount equal to the Bonus Portion to the Order price. The Partner grants this discount and receives no separate monetary reimbursement of the Bonus Portion from the Platform unless expressly agreed otherwise in the Application.
- Only the confirmed Monetary Portion is transferred to the Partner: the amount actually paid by the Buyer after the bonus discount, less agreed and disclosed Deductions. The Bonus Portion is not included in the amount owed by the Platform to the Partner.
- The Platform’s commission, promotional rate, bonus limit, Payment Provider expenses, instalment arrangements, reserve and transfer schedule apply only if expressly and unambiguously specified in the Application. No undisclosed commission, fee or percentage charge is accrued.
- The amount payable equals the confirmed Monetary Portion less only: the Platform’s commission; Payment Provider/bank expenses actually charged and confirmed and expressly allocated to the Partner; refunds, cancellations and chargebacks; the stipulated reserve; an effective contractual penalty; and an undisputed or documented claim of the Platform.
- Each Deduction is shown as a separate line in the settlement register, specifying the Order, grounds, formula and amount. A dispute over an individual transaction does not suspend transfer of the undisputed portion.
- The register and acceptance certificate are sent no later than 5 business days after the Settlement Period. Within 5 business days, the Partner signs them or sends reasoned objections concerning specific transactions. In the absence of objections, the register is deemed agreed and the certificate accepted.
- The amount available after Confirmation of Performance is transferred according to the schedule in the Application, but no later than 30 calendar days after the end of the Settlement Period, except for amounts lawfully held by the Payment Provider, a bank, a public authority or the Platform under the Agreement.
- If the amounts due to the Partner are insufficient, the Partner pays the undisputed debt within 5 banking days of the invoice date, or it is deducted from future proceeds.
- The Platform may, at its own expense, credit cashback to the Buyer and run promotions without increasing the Partner’s obligations, unless otherwise agreed in advance in the Application.
CANCELLATION, REFUNDS AND BUYER CLAIMS
- Cancellation and refund rules are determined by legislation, the Offer, the specific Listing page, the Partner’s customer rules and the Application. Terms that diminish the Buyer’s mandatory rights do not apply.
- The Platform may record an enquiry, determine a provisional refund amount based on available data and, without the Partner’s prior consent, send a refund instruction to the Payment Provider where the refund clearly follows from the law, the Offer, the Application, non-performance or a safety threat.
- The Monetary Portion is refunded using the Partner’s funds recorded by the Payment Provider, received under the settlement arrangement, held in reserve or due for future transfer. The Partner authorises in advance the use of such funds for a justified refund.
- In the event of a full or partial refund, the Platform independently restores to the Buyer’s bonus balance the bonuses deducted for the refunded part of the Order and does not pay them out in money. The Partner refunds only the Monetary Portion it actually received for the refunded part of the Order; the Partner is not required to refund the Bonus Portion to the Platform or the Buyer.
- The Partner’s objections are considered as part of settlements and do not delay a mandatory refund to the Buyer. As a rule, the Platform provides the available information on the Order, grounds and amount no later than 1 business day after initiating the refund.
- If the Platform temporarily funds a refund on behalf of the Partner, the Partner reimburses the documented amount within 5 banking days. The Platform may set it off against future proceeds.
- The Partner independently considers and satisfies Buyer claims concerning quality, harm, losses and other claims that are not fully resolved by a payment refund.
HOLDS ON FUNDS AND REVIEW PROCEDURE
- The Platform may temporarily hold an amount reasonably related to disputed Orders, potential refunds, chargebacks, non-performance, a prohibited or unapproved Item for Sale, suspected fraud, a threat to life/health, a breach of law, or a requirement of a bank, the Payment Provider or a public authority.
- For an individual incident, the disputed amount and a reasonable reserve for direct consequences are held. All available funds may be held only where there are indications of a systemic breach, fictitious transactions, unlawful activities, a data breach, mass claims or an inability to reliably segregate disputed transactions.
- No later than 1 business day, the Platform notifies the Partner of the grounds, affected transactions, amount held and required explanations/documents, except where disclosure is prohibited by law, a public authority or the Payment Provider, or creates a risk to the investigation and security.
- The Partner provides explanations and documents within 5 business days or another reasonable period specified in the notice. As a rule, the Platform reviews the materials within 10 business days; in the event of an external review, expert examination, chargeback or request from an authority, the period may be extended upon notice to the Partner.
- Until the review is completed, the amount held is not deemed a contractual penalty or a finally deducted amount. Following the review, the Platform sends a reasoned decision to: release the hold; refund the Buyer; set off amounts expressly provided for in the Agreement; or retain a reserve for a period supported by documentary evidence.
- If the grounds for a deduction are wholly or partly unsubstantiated or cease to exist, the Platform includes the relevant balance in a transfer or instructs the Payment Provider to release the hold no later than 3 banking days. Actual bank processing time depends on the Payment Provider and the bank.
- A final deduction is permitted only in the amount of an expressly disclosed commission, an actual service provided or expense incurred, a confirmed refund/chargeback, an effective contractual penalty, or another undisputed or documented claim. The balance must be returned to the Partner.
PROHIBITED AND UNAPPROVED ITEMS FOR SALE
- It is prohibited to list goods, works, services, certificates, advertising materials or terms of performance whose circulation/advertising is prohibited by law; dangerous, counterfeit, expired, stolen or misleading items; items lacking mandatory authorisations and labelling; fictitious services; or third-party goods and services without approval.
- Weapons, narcotic and psychotropic substances, alcohol, tobacco and nicotine-containing products, medicines, medical devices and services, financial services, gambling products, digital products and partner certificates are prohibited unless the relevant Category is expressly permitted by the Platform in the Application and the Partner has confirmed compliance with the special legal requirements.
- Any Item for Sale, Category, brand, seller, essential characteristic or customer term not disclosed and agreed in the Application or Listing page is deemed unapproved and is subject to immediate blocking pending moderation.
- The Platform may immediately unpublish a Listing, stop new Orders, cancel unfulfilled Orders, hold related funds, request documents and notify the Payment Provider or the competent authority where required by law or safety considerations.
- For a proven culpable breach, a contractual penalty applies per established incident: 10 MCI for the first listing of a lawful but unapproved Item or material term; 25 MCI for a repeat breach within 12 months or listing a regulated Item without written admission/a mandatory document; 100 MCI for an Item prohibited by law, counterfeit, dangerous or fictitious, and for a third breach following two written warnings.
- The penalty for a single incident may not exceed 100 MCI. If an incident falls under several grounds, only the highest penalty applies. Separate incidents are independent listings or sales made after notice of the previous breach.
- Before imposing a penalty, the Platform sends a description of the breach and evidence, and the Partner may submit objections within 5 business days. The decision must be reasoned. Pending the decision, the Platform may hold the anticipated amount; if the decision is revoked, the amount is released under the “Holds on Funds” section.
- No penalty applies if the Partner proves absence of fault, a technical error beyond its control and the absence of fulfilled Orders, provided that the error is corrected immediately. Documented losses, refunds and fines imposed by public authorities are reimbursed to the extent not covered by the contractual penalty, without double recovery.
QUALITY, MODERATION AND SUSPENSION
- The Platform may block a Listing, Category or account without prior notice where there are indications of fictitious transactions, forged documents, a prohibited/dangerous/counterfeit Item, repeated failure to hand over a paid Order, unlawful use of personal data or another immediate threat.
- For breaches not requiring immediate intervention, the Platform sends a notice, requests an explanation and corrective action plan, may restrict individual Listings, and sets a reasonable period for remedy.
- Quality indicators and acceptable levels of cancellations, delays and refunds are established in the Application, taking into account the Category and a representative volume of Orders.
- Blocking new Orders does not release the Partner from fulfilling Orders already accepted, processing refunds and claims, or completing settlements. Reinstatement is possible after the breach is remedied and a further review is completed.
INTELLECTUAL PROPERTY AND BRANDS
- Rights to Entryx.io, the Marketplace, software code, databases, design and technical solutions belong to the Platform and/or the rights holders. The Partner receives a limited, revocable and non-transferable right to use the functionality during the term of the Agreement.
- The Partner warrants that it holds the rights to its brands, images, texts, trademarks and materials, and grants the Platform a royalty-free, non-exclusive licence to use them for the storefront, Orders, notices and agreed promotion for the term of the Agreement and completion of related Orders.
- The Partner uses the Invictus, GoPass, GPP and Entryx.io designations and other Platform materials only with prior written consent, in the approved form, and without creating the impression of a guarantee of quality or results by the Platform/Invictus.
- The Platform is responsible for its own marketing materials and the brand elements it provides; the Partner is responsible for any modifications, combinations, context and claims it adds independently.
PERSONAL DATA AND INFORMATION SECURITY
- Each Party processes personal data only to the extent and for the purposes of Orders, delivery, refunds, support, accounting, security and compliance with law, acting as an independently responsible person within its area of control, unless otherwise agreed in writing.
- The Platform provides the Partner with the minimum necessary Buyer data. The Partner does not use it for its own advertising without a separate lawful basis and does not disclose it to third parties other than agreed service providers bound by confidentiality and protection obligations.
- The Partner implements organisational and technical safeguards, restricts access, records incidents and deletes or anonymises data once the processing purpose ceases, except for information it is legally required to retain.
LIABILITY OF THE PARTIES
- The Partner is liable to Buyers, the Platform and public authorities for Items for Sale, information and advertising, safety, quality, authorisations, time limits, delivery, receipts, taxes, refunds and data processing within its area of control.
- If a claim, lawsuit, order, fine, chargeback or expense of the Platform arises from the Partner’s act/omission, the Partner participates in its resolution upon request and reimburses documented amounts within 5 business days, without double recovery.
- The Platform is liable for direct documented damage caused by a proven malfunction attributable to its fault in the part of the Marketplace under its control or by unlawful use of its own brand materials. The Platform is not liable for the Payment Provider, a bank, communications, delivery, the Partner’s actions or the quality of Items for Sale.
- Except in cases of intent and where limitation is prohibited by law, the Platform’s aggregate liability may not exceed the Platform commission actually deducted from the Partner for the Settlement Period preceding the event. Lost profits are not compensated.
- Payment of a contractual penalty does not release a Party from stopping the breach, fulfilling the Order or refunding the Buyer. Refund amounts, chargebacks and documented direct damage do not constitute a hidden commission or contractual penalty.
CONFIDENTIALITY
- Confidential information means a Party’s non-public commercial, technical, financial and other information, including rates, Orders, registers, Buyer data, account credentials and documentation.
- The receiving Party uses the information only for the Agreement, grants access on a need-to-know basis and protects it at least as carefully as its own similar information.
- The confidentiality regime does not apply to information lawfully in the public domain, independently obtained or independently developed, or to disclosure required by law or an authority. The obligations remain in force for 3 years after termination and, for data and legally protected secrets, for the statutory period.
TERM, AMENDMENT AND TERMINATION
- The Agreement is concluded for an indefinite term from the date of acceptance. Either Party may terminate it without giving a reason and without an early termination penalty by giving the other at least 30 calendar days’ notice and completing accepted Orders and settlements.
- The Platform may immediately suspend the Online Store or terminate the Agreement in the event of unlawful activities, a security threat, fictitious transactions, a data breach, outstanding debt, failure to make a refund or a repeated material breach after a warning.
- The Platform may amend the Offer by publishing a new version and notifying the Partner at least 30 calendar days in advance. Changes to monetary terms apply only to future Orders. A Partner that disagrees with the changes may stop new Orders and terminate the Agreement without penalty before the changes take effect.
- Continued acceptance of new Orders after a new version takes effect constitutes agreement to that version. Terms identified in the Application as amendable only by mutual agreement require an updated Application.
- Upon termination, the Platform stops new Orders, the Partner completes or cancels existing Orders by agreement, and final reconciliation is carried out after refunds, chargebacks, reserves and Deductions have been taken into account.
- Provisions concerning settlements, refunds, liability, confidentiality, data, intellectual property and disputes survive to the extent of outstanding obligations.
FORCE MAJEURE
- A Party is released from liability for non-performance directly caused by extraordinary and unavoidable circumstances beyond its reasonable control, provided that it gives notice no later than 3 calendar days after such notice becomes possible and takes measures to mitigate the consequences.
- Lack of money, personnel, goods, raw materials, transport or authorisations, or an ordinary failure of the Partner’s contractor, does not in itself constitute force majeure. Force majeure does not limit mandatory refunds and settlements for completed transactions.
GOVERNING LAW AND DISPUTES
- The Agreement is governed by the substantive law of the Republic of Kazakhstan. The Parties must follow a mandatory pre-dispute claim procedure; the response period is 10 calendar days.
- Disputes between the Platform and the Partner are finally resolved by the Commercial Arbitration Court of Almaty (KASA) under its Rules, by a sole arbitrator, in Russian; the seat of arbitration is Almaty.
- If KASA or its successor cannot administer the dispute or has not registered a properly filed claim for which the required fee has been paid within 30 calendar days, the dispute is referred to Kazakhstan International Arbitration (Almaty) on the same terms, and, if that is not possible, to the competent state court of the Republic of Kazakhstan.
- The arbitration clause does not restrict the Buyers’ mandatory rights or the jurisdiction prescribed by law for their disputes.
NOTICES AND FINAL PROVISIONS
- Legally significant communications are sent through the Platform, electronic document exchange, and the agreed email addresses and messenger numbers specified in the Application. A communication is deemed received on the day delivery is confirmed by the system; a communication sent after 18:00 is deemed received on the next business day.
- Invalidity of an individual provision does not invalidate the Agreement. It is replaced by a lawful provision as close as possible in economic substance.
- The Agreement does not create a partnership, joint venture, agency or employment relationship and does not authorise the Partner to act on behalf of the Platform or Invictus.
- This Offer is drawn up in Kazakh, Russian and English. All language versions have the same (equal) legal force.
PLATFORM DETAILS
| Name | GoPass Platform LLP |
| BIN | 221040004076 |
| Address | Republic of Kazakhstan, Astana, |
| Email for notices | support@invictus.kz |
| Support service | +7 727 346 10 10 |