Offer to conclude a contract Lucky Tail
1. Subject of the Agreement
1.1. This Agreement establishes the general terms of the legal relationship arising between the Company and the user when the Company provides information and technical services ("services") and grants the user access to the database. These terms may be clarified or supplemented in the future through the conclusion of additional agreements by the parties based on this Agreement, concerning specific transactions on Lucky Tail or other platforms where the Company offers its services.
1.2. The Agreement is concluded with open terms. The essential terms of each transaction conducted on the Lucky Tail platform are individually formed online for each user using the interface through which the user selects the service and its parameters; the transaction terms are agreed upon by the parties.
2. Conclusion of the Agreement
2.1. The Agreement between the Company and the user is considered concluded at the moment the user pays for Lucky Tail services under the relevant transaction (in this case, the transaction is concluded simultaneously with the Agreement), or at the moment an advance payment is made for future Lucky Tail services, or upon confirmation of bank details via banking IDs. The terms of the concluded Agreement apply to all subsequent transactions between the user and the Company. The Agreement can only be concluded with a user who is a legally capable individual, a legal entity, or a sole proprietor.
2.2. Each order for the use of a specific Lucky Tail service under this Agreement is considered a separate transaction. A transaction concluded under the Agreement may only pertain to services presented on Lucky Tail and available for order and payment at the time the user selects the service. Advertising services are not provided under this Agreement.
2.3. Payment for an order or the performance of other actions by the user as stipulated by the Agreement is considered the user’s acceptance of the offer to conclude a transaction under the terms agreed upon by the parties.
2.4. The user places each order in accordance with the terms of the current version of the offer and the specific service conditions. The terms of all Lucky Tail services available on the platform at the time of the order are an integral part of the offer. Orders are placed online.
2.5. By accepting the offer, you agree that performing certain actions on Lucky Tail, including using professional technical tools, executing commands through the Lucky Tail interface (such as button presses, clicks), making payments, and similar actions, signify your intent to place an order and/or activate a service according to the parameters and prices specified on Lucky Tail.
3. General Terms for Providing Lucky Tail Services
3.1. Services under this agreement are provided within the territory of the Republic of Kazakhstan. However, access to services can be granted online from any location worldwide, as the resources that support their operation are based at the Company's registered address.
3.2. To receive Lucky Tail services, the user must pay for the services and comply with the Lucky Tail rules outlined in the relevant documents.
3.3. The Company's obligations to provide services to the user are reciprocal to the user's obligations to follow the Lucky Tail rules and pay for the services. If the user fails to meet these obligations, the Company may suspend or terminate the provision of services based on the laws of the Republic of Kazakhstan.
3.4. The Company provides services based on their availability, which also depends on the user's compliance with Lucky Tail rules. Violation of these rules may result in the Company being unable to provide the relevant services.
3.5. Given the nature of the services offered by the Company, which are aimed at meeting the individual needs of users for promoting their goods, works, services, and other offerings, the Company is not obligated to provide services to every person who requests them. The Company may refuse to provide services to a user, for example, if the service does not align with Lucky Tail's rules, themes, or categories.
3.6. Some services on Lucky Tail may only be available to certain categories of users, such as those using the platform for business activities.
3.7. The terms of specific services provided under the Agreement, including their content, scope, and timelines, are defined in the respective Service Conditions and other Lucky Tail rules.
3.8. The services offered on Lucky Tail may be changed, supplemented, or updated. Therefore, they are provided on an "as is" basis, meaning in the form and volume in which they are offered by the Company at the time the user accesses these services.
3.9. The Company has the right to send notifications to the contact details provided in the user's profile. These notifications may relate to the execution of this Agreement or any transactions concluded under it, including information about the status of services, renewal methods, changes in service conditions, and other informational messages. Notifications may be sent via SMS, push notifications, email, and phone calls.
3.10. The user agrees to comply with the applicable laws of the Republic of Kazakhstan, the terms of the Agreement, the conditions of the selected service, and all other Lucky Tail rules when using the services.
3.11. At the Company's request, the user must provide information and documents necessary for identifying the user as a party to the Agreement, particularly when submitting statements, requests, or other inquiries related to the provision of services on Lucky Tail. To identify private users, the Company may request their full name, details, and copies of identification documents, as well as the email address and phone number used to access the profile. Additionally, the Company may independently verify the user's identity as a party to the Agreement by checking the details provided in the profile against the payer's details under the Agreement or by other means.
3.12. The parties acknowledge that actions taken using the user's login and password are considered actions taken by the user and have the effect of a simple electronic signature.
4. Pricing and Payment Procedures
4.1. The cost of the Lucky Tail service selected by the user when entering into a transaction under the Agreement is determined based on the characteristics of the service (type, package details, and other parameters). The price is displayed in euros in the Lucky Tail interface when placing the order, unless otherwise specified in the service terms. The cost includes VAT at the rate established by the current legislation of the Republic of Kazakhstan. Payment is made according to the prices in effect at the time of payment.
4.2. You can make the payment using one of the methods available in the Lucky Tail interface at the time of placing the order.
4.3. When paying by credit card, you have the option to link the card to your profile, so you don't need to re-enter its details for future payments on Lucky Tail. When paying with a linked card, the bank may not require you to enter a verification code for the payment.
If you wish to unlink the card, click the appropriate button in the profile settings.
4.4. A user with a corporate or sole proprietorship profile must make payments under the Agreement by wire transfer to the Company’s bank account based on an invoice generated through the Lucky Tail interface. Payment via a corporate credit card registered to the respective legal entity or sole proprietorship is also permitted.
4.5. The Company provides the user with information about their payments on Lucky Tail in a special section of the profile called the "Wallet." The Wallet tracks advance payments made by the user, which can be used to pay for future Company services. It also provides other service-related information, including bonuses that may be added to the Wallet balance and payments made by the user toward services (including payment confirmation).
4.6. When paying for Lucky Tail services using previously deposited funds in the Wallet, the corresponding amount will be deducted from the Wallet balance, including any applicable bonuses/discounts if the service conditions allow their use. Such payment can only be made if the Wallet balance is equal to or greater than the total cost of the services.
4.7. Payment by wire transfer based on an invoice for users with a corporate or sole proprietorship profile and/or by receipt for individual users must include the user's profile number and other payment-identifying details, including the name and tax identification number (TIN) for users with a corporate or sole proprietorship profile.
When paying this way, the user must accurately enter the information listed in the payment order or receipt. If the required information is missing or incorrect, the Company may consider the payment obligation as not properly fulfilled or may identify the payment based on available data (including its internal records). The Company is not responsible for any losses incurred by the user or third parties due to incorrect payment details.
4.8. The order must be paid in full using a single payment method.
4.9. If a Lucky Tail service order is canceled before the service begins, or if the service is terminated for any other reason, any unused advance payment (if any) will be credited back to the user's Wallet.
4.10. The Company may award bonuses to the user as part of promotional activities or in other cases at its discretion.
The validity period of bonuses is specified separately in the interface and varies depending on the conditions under which they were granted by the Company.
Bonuses are applied as discounts on the cost of services when making payments. If the user has a bonus balance, the service cost is paid proportionally using both funds and bonuses.
If the user cancels the service before its term ends, all previously granted bonuses will be voided and will not be reinstated. Unused bonuses will expire at the end of their validity period.
Bonuses provided by the Company (including those voided for any reason or partially used by the user) cannot be exchanged, transferred to third parties, used for other Company services, or redeemed for cash.
4.11. The fact of service provision by Lucky Tail and its scope are determined based on statistical data from the Company's accounting system.
4.12. For services provided to users with corporate or sole proprietorship profiles, in compliance with the accounting laws of the Republic of Kazakhstan, the Company will send a copy of a unified transfer document, including an invoice and an act for the reporting month, to the user's email or provide it for download in the profile. The original document may be mailed to the address specified in the profile.
4.13. The user is responsible for receiving documents through the specified methods. The Company is not liable for delays or failures in receiving documents caused by communication system failures, actions/inactions of providers, loss of access to the profile, or other circumstances beyond the Company's control.
4.14. The user is responsible for the accuracy of the data provided in their Lucky Tail profile. In the event of any changes to their details, the user must promptly update their profile. If the user is unable to make the changes themselves, they must notify the Company using the Company's specified form, attaching any requested supporting documents.
5. Liability
5.1. The Company commits to making all reasonable efforts to properly provide its services but does not assume responsibility or compensate for any losses incurred by the user if the user is unable to use the services due to the following reasons:
- Technical issues with public communication channels used to access the services, loss of internet access for any reason, errors, interruptions, issues with data transmission, defects in communication lines, or other technical malfunctions;
- Unauthorized interference with Lucky Tail by third parties, including hacking attempts, DDoS attacks, virus activity, or other disruptions affecting Lucky Tail;
- Loss of access to the user’s profile, including cases indicating unauthorized use of the profile;
- Force majeure circumstances.
5.2. In the event of damages caused to the user due to the Company's fault, liability is determined in accordance with the legislation of the Republic of Kazakhstan. The Company's liability towards users utilizing Lucky Tail for business or other professional activities is limited to the amount not exceeding the cost of the service ordered and paid for but not received due to the Company’s fault, or, if applicable, to the amount not exceeding the balance in the user's Wallet at the time of the damage, and only in cases where the user has lost part or all of the funds in the Wallet due to the Company's fault.
5.3. The Company is not liable for any damages incurred by the user not caused by the Company, including those resulting from the user’s violation of Lucky Tail rules.
5.4. The Company does not assume responsibility for the transfer or receipt of funds by the user in payment for Lucky Tail services. The security, confidentiality, and other conditions related to the chosen payment methods are governed by agreements between the user and the respective payment organizations.
5.5. The user is responsible for any actions taken on Lucky Tail using their login credentials (including actions by employees and third parties) and for any losses that may arise from unauthorized use of their profile and electronic signature.
5.6. In case of theft or loss of login details, the user must take necessary steps to change their password for profile access. The Company is not liable for actions by third parties that lead to the theft or loss of login details, as well as any expenses, damages, or lost profits incurred by the user due to unauthorized access to their profile.
5.7. The Company does not guarantee that Lucky Tail services will meet the user’s expectations or ensure responses from visitors to the user’s posted advertisements through Lucky Tail services.
6. Handling Claims
6.1. Any disputes arising under this Agreement must be submitted to the Arbitration Court of Uralsk. If the dispute is not within the jurisdiction of the arbitration court, it should be addressed by other courts in accordance with the laws of the Republic of Kazakhstan.
6.2. Before taking the matter to court, a user who is a legal entity, an individual entrepreneur, or someone conducting commercial activities on Lucky Tail must follow the pre-trial dispute resolution process. This involves sending a written claim to the Company, along with supporting documents that substantiate the circumstances and demands referenced by the user. The Company will review such claims within a period of no more than 30 days from the date of receipt.
7. Miscellaneous Provisions
7.1. The Agreement takes effect from the moment it is concluded as specified in Section 2 of the offer and remains in force indefinitely until terminated according to the terms of the Agreement and applicable law.
7.2. The Company reserves the right to modify and/or supplement the offer to the extent permitted by the laws of the Republic of Kazakhstan, and to withdraw the offer at any time. The date of any changes to the offer is the date of publication of the updated offer on Lucky Tail. You must review the current version of the offer available on Lucky Tail and the terms of each transaction before entering into the Agreement and completing a transaction.
7.3. Placing an order for Lucky Tail services and completing a transaction after the offer has been updated indicates that the parties agree to the changes and/or additions to the Agreement. These changes do not apply to services ordered and paid for by the user before the changes to the offer took effect.
7.4. The Company may suspend its obligations if the user fails to meet their obligations under the Agreement. If the Company is unable to fulfill its obligations, it may terminate its obligations with notice to the user via the Lucky Tail interface, email, or other means. Unused funds in the profile Wallet will be refunded in accordance with the laws of the Republic of Kazakhstan.
7.5. The user may terminate the Agreement early at their own initiative. If the user does not use the profile on Lucky Tail for 3 years, the Agreement will be considered terminated at the user’s initiative after this period. Upon termination of the Agreement, you can request a refund of unused funds on the Wallet balance, excluding any bonuses. Refunds are made based on a written request in the format specified by the Company, to the payment method used for the original payment, or another method determined by the Company if the original payment method cannot be used.
7.6. When requesting a refund of unused funds, the user must verify their identity according to the Company’s instructions (e.g., by sending a request from the registered email address, using the confirmed phone number listed in the profile, etc.) and provide necessary documents, including evidence of payments made.
7.7. The Company has the right to include the name, trademark, and general description of the services of users with a legal entity or individual entrepreneur profile in its marketing materials.
7.8. The Agreement includes all terms agreed upon between the parties regarding its subject matter and supersedes all prior agreements, representations, and understandings regarding the subject matter, unless otherwise explicitly agreed by the parties.
7.9. Obligations of the parties that, by their nature, should continue to be effective after the Agreement’s expiration (including warranties, confidentiality, financial settlements, etc.) remain in effect until fully discharged.
7.10. The relationship between the Company and the user under this Agreement is governed by the laws of the Republic of Kazakhstan, unless otherwise specified.
8. Company Details
Limited Liability Company "Lucky Tail"
Address: 090000, Kazakhstan, West Kazakhstan Region, Uralsk City, Sundelaki Eskalieva Street, Building 177
BIN: 230940009805