PUBLIC OFFER AGREEMENT / PUBLIC CONTRACT

Individual Entrepreneur Isakov Sadyrbek Nurmamatovich, hereinafter referred to as the "Service Provider," acting on the basis of the Certificate of State Registration of a Physical Person as an Individual Entrepreneur issued by the State Tax Service of the Pervomaysky District of Bishkek, concludes this Public Agreement for Paid Provision of Services (hereinafter referred to as the "Agreement") with any natural person, hereinafter referred to as the "Customer."
The Agreement is an agreement on the provision of tourist services by the Service Provider on a gratuitous basis through the website Too.kg, concluded by means of a public offer, and regulates the procedure for the provision of such services and the obligations of the Parties.
The text of this Agreement is posted by the Service Provider on the Internet at the website address: https://tour.too.kg/public-offer
The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have concluded this Agreement on the following:

1. Subject of the Agreement

1.1. In accordance with this Agreement, the Service Provider undertakes to provide, and the Customer undertakes to pay the Service Provider a fee.
1.2. The order of tourist services is provided by the Service Provider through the website Too.kg.
1.3. The following terms and abbreviations are used in this Agreement:
1.3.1. Website - a website located on the Internet at www.tour.too.kg
1.3.2. Personal account - a set of protected pages of the Website created as a result of the Customer's registration and accessible when entering their authentication data (email address and password) into the fields provided for this purpose on the Website.
1.3.3. Invoice - an invoice, invoice-factura, price agreement protocol, or any similar document determining the cost of services and, if necessary, the payment procedure.
All terms and definitions used in this Agreement apply equally to terms in the singular and plural, depending on the context.
1.4. The Customer may use tourist services in accordance with the terms of the Agreement throughout the period indicated on the Website.
1.5. Within the framework of this Agreement, the Service Provider does not provide the Customer with individual consultations not related to the subject of the Agreement.
2.Procedure for Conclusion of the Agreement and Provision of Access
2.1. This Agreement is a public contract, under which the Service Provider
undertakes to provide services to an indefinite circle of persons (Customers) who have applied for their provision.
2.2. Posting the text of this Agreement on the Website is a public offer of the Service Provider addressed to an indefinite circle of persons to conclude this Agreement (Art. 386(1), Art. 398(2) of the Civil Code of the Kyrgyz Republic).
2.3. The conclusion of this Agreement is made by the Customer joining this Agreement, i.e., by accepting (accepting) the conditions of this Agreement by the Customer as a whole, without any conditions, exceptions, or reservations (Art. 387 of the Civil Code of the Kyrgyz Republic).
2.4. The fact of the Customer's acceptance (acceptance) of the conditions of this Agreement is the payment by the Customer of the services ordered by him in the manner and on the terms determined by this Agreement. In case of payment by the Customer for the services ordered by him using credit funds provided by the respective bank, the fact of the Customer's acceptance (acceptance) of the conditions of this Agreement is the conclusion by the Customer of the respective agreement with the bank for the payment of the Service Provider's services (Art. 399(3) of the Civil Code of the Kyrgyz Republic).
2.5. By accepting this public offer in the manner determined in this Agreement, the Customer agrees to all the terms of the Agreement as they are set out in the text of this Agreement and, in accordance with the Civil Code of the Kyrgyz Republic, is considered to have entered into contractual relations with the Service Provider on the basis of this Agreement. At the same time, in accordance with Art. 395(2) and (3), Art. 399(3) of the Civil Code of the Kyrgyz Republic, this Agreement is considered concluded by the Parties in writing.
2.6. After completing the actions specified in clause 2.4. of the Agreement, the Service Provider provides the Customer with a full package of tourist services according to the information specified on the tour or service website.

3. Rights and Obligations of the Parties
3.1. The Service Provider undertakes to:
3.1.1. Provide the Customer with all necessary services for the organization and conduct of the tour and any other services agreed upon by the parties.
3.1.2. Provide informational support to the Customer regarding the provision of services and/or the operation of the Website on business days from 09:00 to 18:00 (until 17:00 on Fridays and business days shortened in accordance with the legislation of the Kyrgyz Republic). Support questions are directed by the Customer to the email address: info@too.kg
3.1.3. In case of errors/deficiencies in the operation of the Website, committed by the Service Provider or due to the fault of the Service Provider, independently and at its own expense, correct the errors/deficiencies found.
3.1.4. Refund the money paid by the Customer in cases and on conditions provided by the Agreement.

3.2. The Service Provider has the right to:
3.2.1. Make changes to the terms and routes of tours, as well as to the rules of service provision, with mandatory prior notification of the Customer.
3.2.2. Engage third parties to fulfill this Agreement without the consent of the Customer.
3.2.3. Request from the Customer information and documents necessary for the proper performance of obligations under this Agreement.
3.2.4. Change the cost of services under the Agreement by posting the current cost on the Website.
3.2.5. Temporarily suspend the operation of the Website to carry out necessary scheduled maintenance and repair work on the technical resources of the Service Provider.
3.2.6. Replace third parties engaged to fulfill obligations under the Agreement.

3.3. The Customer undertakes to:
3.3.1. Pay for services within the deadlines and on the terms specified in the Agreement, agreed upon in the invoices and/or agreed upon by the Parties through messages in the Personal Account.
3.3.2. Timely provide complete and accurate information necessary for the provision of services (including during registration on the Website).
3.3.3. Use the functionality of the Website and access solely for personal or other non-commercial purposes.
3.3.4. Ensure the confidentiality of the login and password to their Personal Account, not to disclose access data to third parties.
3.3.5. Immediately notify the Service Provider of any unauthorized access to their Personal Account.
3.3.6. Not to post on the Website or third-party resources personal data of other persons, including access data to their Personal Account on the Website, and not to use or attempt to obtain personal data of other users.
3.3.7. Not to register as a user on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as such a user.
3.3.8. Not to use software and not to take actions aimed at disrupting the normal functioning of the Website, not to upload, store, publish, distribute, or otherwise use viruses, trojans, and other malware; not to use automated scripts (programs) to collect information on the Website without the written permission of the Service Provider.

3.4. The Customer has the right to:
3.4.1. Gain access to ___________________________________________________ after fulfilling the conditions for providing access (Art. 2 of the Agreement).
3.4.2. Receive informational support on issues related to the provision of services and the functioning of the Website throughout the term of this Agreement.
3.4.3. Use access to ________________________________ solely for non-commercial purposes.
3.4.4. Send comments, suggestions, and/or feedback to the Service Provider related to the subject matter of this Agreement and/or the operation of the Personal Account.

4. Cost of Services and Payment Procedure

4.1. The cost of the Service Provider's services is determined based on the cost of the goods/services indicated on the Website or agreed upon in the Invoice, in Kyrgyz soms.
4.2. The Customer makes payment for the cost of the Service Provider's services on the terms of 100% prepayment by transferring funds to the Service Provider's settlement account, unless otherwise specified in the invoice issued to the Customer. The date of payment is the date of receipt of funds to the Service Provider's settlement account.
4.3. Payment for services is made by the Customer in favor of the Service Provider by transferring the corresponding amount of funds by methods supported by the Service Provider. At the same time, the Service Provider has the right to independently determine the list of such methods, informing the Customer of the current list of methods by posting it on the Website or by informing the Customer in another way. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to this Agreement.
4.4. The Customer has the right to pay for the Service Provider's services using credit funds provided by the respective bank (hereinafter - credit). The Parties understand and agree that this Agreement is not a loan agreement, the Service Provider is not a lender, and does not bear obligations to the Customer in this regard. The Customer understands and agrees that the credit is provided to the Customer on the terms provided by the respective bank. The Service Provider is not responsible for the conditions for providing the credit to the Customer by the bank, including the amount and payment of interest for using the credit, as well as for the bank's refusal to provide the credit. The Customer independently fulfills obligations to the bank related to the provision of the credit. 4.5. The date of provision of services/goods is considered to be the date of provision of the service/goods to the Customer, respectively, the Services/goods are considered to be provided to the Customer.
5. Liability of the Parties. Limitation of Liability

5.1. In the event of the Customer's breach of the terms of the Agreement, the Customer is obliged, upon the Service Provider's written demand, to pay a fine of 5000 soms for each violation, out of court.
5.2. In case of the Customer's breach of the terms of this Agreement, the Service Provider has the right to deactivate the Customer's access to the Personal Account and block the Customer's access to the Website without refunding the paid funds. The Customer is obliged to pay the penalty within 15 (fifteen) calendar days from the date of receipt of the claim (notification) from the Service Provider.
5.3. The Service Provider shall not be liable for:
- the content of information posted in messenger chats (WhatsApp, Viber, Telegram) initiated by users, including the Customer;
- the use by third parties of personal data provided by the Customer in such chats;
- the quality of the Internet connection and the functioning of the Customer's equipment and software;
- the non-compliance of the Customer's equipment technical specifications with the requirements for reproducing Course materials, if such requirements are established;
- the non-compliance of the Services provided under the Agreement with the Customer's expectations. The Customer's subjective assessment is not an objective criterion for the quality of the Services;
- errors and inaccuracies made by the Customer when using the Website functionality (including, but not limited to, incorrect data entry when placing an order for a service, etc.);
- the use (or inability to use) and any consequences of the use (or inability to use) by the Customer of the chosen payment method for services under the Agreement;
- the actions (inaction) of banks or third parties involved in settlements when paying for the service or refunding funds in the established cases.
5.4. The Service Provider makes every reasonable effort to prevent failures and malfunctions in the operation of the Website, however, does not guarantee its uninterrupted operation, and does not bear responsibility or compensate for losses arising or possible arising in connection with technical failures and interruptions in the work of the provider, other persons or services, restrictions on access to the Internet or the Internet resource for any reasons, the Customer's failure to ensure the security of access data to their Personal Account, and other circumstances beyond the competence of the Service Provider.
5.5. Neither Party shall be liable for complete or partial non-performance of its obligations if such non-performance is a consequence of force majeure (including, but not limited to, fire, flood, earthquake, strikes, war and military actions, epidemics, pandemics, or other circumstances beyond the control of the Parties), hindering the performance of this Agreement and arising after its conclusion.
5.6. If the Customer fails to perform (improperly performs) its obligations under the Agreement, including the obligations specified in clause 4.2. of the Agreement, the Service Provider has the right to terminate this Agreement by unilaterally extrajudicial refusal to perform it by sending a notification of such refusal in electronic form to the email address to which the Service Provider had previously sent the access data to the Course. The action of this Agreement terminates on the day of sending the Service Provider the corresponding notification or within the period specified in the notification, and access to the Course materials is deactivated within the same period.

6. Intellectual Property. Confidentiality

6.1. As part of providing the Services to the Customer, the Service Provider provides access to the intellectual property of the Service Provider and/or third parties with whom the Service Provider has concluded corresponding agreements (hereinafter referred to as Intellectual Property).
Intellectual Property includes the results of intellectual activity of the Service Provider and/or third parties, including, but not limited to, audiovisual materials, computer programs, LMS (learning management system), methodological and/or reference materials, tasks, information resources.
6.2. With regard to Intellectual Property, the Customer undertakes to:
- refrain from any actions that infringe the rights of the Service Provider and/or third parties to Intellectual Property, in particular, not to copy, record, reproduce, duplicate, distribute in any form, remake, use to create derivative works any Intellectual Property without the written permission of the Service Provider;
- immediately inform the Service Provider of any known facts of infringement of the rights to intellectual property of the Service Provider and/or third parties;
- not to provide their authentication data for access to their account, to the Personal Account on the Website to third parties. In case of loss, as well as in cases of unauthorized access to the login and password by third parties, the Customer undertakes to immediately notify the Service Provider, by sending a notification to the address: info@too.kg Until the specified notification is sent, all actions are considered to be committed by the Customer.
6.3. Confidential information includes any information related to the provision of services by the Service Provider, not published by the Service Provider in open access and not available for public information. The Customer undertakes not to disclose confidential information and other data provided by the Service Provider during the provision of services (except for publicly available information) to third parties without the prior written consent of the Service Provider.
6.4. The Service Provider has the right to use in its marketing and/or advertising materials objects created by the Customer during the study of Course materials, as well as to mention the Customer as a user of the Software and a client.
7. Other Terms

7.1. The Customer confirms that they are legally capable and have reached the age required by the legislation of the Kyrgyz Republic to enter into transactions using the Website.
7.2. The Customer acknowledges and unconditionally agrees that the Service may be refused in cases of:
- non-authorization of payment by the Bank or electronic payment system;
- initiation by the Customer of the refund procedure in cases and in the manner provided for by the Agreement;
- in other cases provided for by the legislation of the Kyrgyz Republic or this Agreement.

8. Final Provisions

8.1. This Agreement is considered concluded from the moment the Customer performs the actions specified in clause 2.4. of the Agreement and remains in force until the Parties fulfill their obligations.
8.2. The Service Provider has the right to change the terms of this Agreement, introduce new conditions, or appendices to this Agreement without prior notice to the Customer.
The Customer, knowing about the possibility of such changes, agrees that they will be made. If the Customer continues to execute this Agreement, use the Website after such changes, it means their consent to such changes.
8.3. The text of changes and/or amendments to this Agreement, or its new version, is made publicly available by the Service Provider by posting corresponding information on the Website.
8.4. The Parties unequivocally agree that silence (lack of written notifications of disagreement with individual provisions of this Agreement, including changes in tariffs) is considered as consent and the Customer's accession to the new version of this Agreement.
8.5. This Agreement may be terminated by mutual agreement of the Parties.
Each of the Parties has the right to terminate this Agreement unilaterally by sending a notification to the other Party through the Personal Account or by email no later than 15 (fifteen) calendar days before the planned termination date.
8.6. If any of the provisions of this Agreement lose legal force, are declared illegal, or are excluded from this Agreement, this does not entail the invalidity of the other provisions of this Agreement, which remain in force and are binding on the Parties.
8.7. All issues not regulated by this Agreement are resolved in accordance with the current legislation of the Kyrgyz Republic.
8.8. All disputes, claims, and disagreements that may arise between the Parties shall be resolved through negotiations. In case of impossibility to settle disputes by this method, the Parties shall apply to the court in accordance with the procedure provided by the current legislation of the Kyrgyz Republic, with mandatory observance of the pre-trial settlement of the dispute.
The Party that believes its rights under the Agreement have been violated must submit a claim to the other Party. The claim is considered properly submitted if it is sent to the other Party in any way that allows identifying the sender's identity and the fact of delivery of correspondence to the recipient. The fact of returning correspondence with a note of absence of the recipient does not prevent the appeal to the court. The attachment of copies of documents substantiating and confirming the claims presented, if such documents are available to the other Party, is not obligatory.
The Party receiving the claim shall, within 10 (ten) business days from the date of its receipt, inform the other Party in writing of the results of the consideration. Failure to receive a response or reasoned objections to the claim within the established period is considered as agreement with the claim and the circumstances set out therein.
8.9. The Parties acknowledge the legal force of documents sent through electronic communication channels or the Personal Account on the Website.
8.10. The Customer consents to the processing of their personal data by the Service Provider, provided by them when applying for the Service Provider's services and/or registering on the Website, as well as in the Personal Account, on the terms provided by the Personal Data Processing Policy posted on the Website.
8.11. The Customer consents to the use by the Service Provider of the Customer's feedback on the Service Provider and the services provided by them, posted by the Customer on the Internet, including those left by the Customer in the Service Provider's official groups on social networks, without indicating the full name (surname, name, patronymic) of the Customer and without using the Customer's image in any way, including, but not limited to, processing, including shortening, modifying, not distorting their meaning, for the purpose of placing such reviews on the Service Provider's official websites, on the Service Provider's pages in social networks, in advertising and other materials of the Service Provider, including inclusion in the texts of informational mailings to the Service Provider's clients. This consent is effective from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the address of the Service Provider specified in the Agreement.
8.12. The Customer consents to receiving promotional messages from the Service Provider, informational newsletters about the products, services of the Service Provider and its partners, about advertising campaigns, discounts and special offers, drawings, contests, surveys to the Customer's email address, to the Customer's phone number, including in messengers, including "Viber", "Telegram", "WhatsApp", by postal mail, SMS messages, push notifications, as well as conveying such information to the Customer orally over the phone.

9. Party Details

9.1. The Parties agree to consider the Customer's details the information provided by them during registration on the Website and/or when applying for access to the Course, and/or payment for the Service Provider's services.
9.2. Service Provider's Details:

Individual Entrepreneur Isakov Sadyrbek Nurmamatovich

Mailing Address:
Bishkek, 720055
Ahunbaeva St. 119a
4th floor, Office 410
Tel: +996 550 689 000
Email: info@too.kg


Rules of Payment and Refund of Funds

These Rules of Payment and Refund of Funds (hereinafter referred to as the "Rules") regulate the relations between the Service Provider and the Customer related to the payment for services under the Agreement and the refund of the paid service costs in case of early termination of the Agreement.

1. The final cost of the Services is formed taking into account the product/service chosen by the Customer. Payment for the Services is made by non-cash payment in one of the ways specified on the Website, at the choice of the Customer, by crediting funds to the Service Provider's account.
2. When paying on the Website or through the Personal Account, payment is accepted from VISA, MasterCard, ELCART cards, as well as electronic wallets.
Payment transfers are made in accordance with the Rules of international payment systems Visa and MasterCard (hereinafter - payment systems) based on the principles of confidentiality and security of payment using modern methods of verification, encryption, and data transmission over closed communication channels. Regarding the rules and procedures for making payments through payment systems, the Customer shall be guided by the rules of the respective payment systems and directly contact the operators of the corresponding payment systems for explanations and consultations. The Service Provider hereby reserves the right to provide information support regarding the payment for the Services using payment systems within its competence; however, nothing in this appendix obliges it to provide such information support, to be responsible for the completeness of the information provided, or to bear any other consequences of the Customer's choice of the method of payment for services and/or the payment system.
3. To pay for the Services by Visa or MasterCard bank card, when choosing the payment method, it is necessary to click the "Pay by bank card" button, and to complete the payment, it is necessary to click the "Pay" button.
4. Payment for the order is made after redirection to the secure payment page of the payment system operator and/or the respective bank to enter the bank card details. Connection to the payment page and transmission of information are carried out in a secure mode using 3D Secure technology.
On the page for entering bank card details, the Customer must enter the bank card details: card number, cardholder's name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All the necessary data are printed on the card itself. The three-digit security code is three digits located on the back of the card. If the Customer's bank supports the technology for secure online payments MasterCard SecureCode, Verified by Visa, a special password may be required to complete the payment.
5. The Customer's bank card details are not stored on the Service Provider's server or on the Website, and the Service Provider does not have access to the Customer's payment details.
The confidentiality of the information provided by the Customer, including personal data and payment details, is ensured by the operator of the respective payment system and/or the Customer's bank.
The information entered by the Customer, including payment details, bank card data, is not provided to third parties except as provided by the legislation of the Kyrgyz Republic.
6. The bank may refuse payment in the following cases:
6.1. The bank card is not intended for online payments; The Customer can verify this by contacting the servicing bank.
6.2. Insufficient funds on the bank card.
For more information about the availability of funds on the bank card, the Customer can inquire with the bank that issued the bank card;
6.3. Incorrect entry of bank card details;
6.4. The expiration date of the bank card has passed.
The card's expiration date is usually indicated on the front side of the card (it is the month and year until which the card is valid). For more information about the card's expiration date, the Customer can inquire with the bank that issued the bank card.
7. The Service Provider does not control the software and hardware complex of the payment system and/or the bank. If, as a result of any errors, the Customer's funds are debited but the payment is not authorized by the payment system and/or the bank, the responsibility for refunding the funds to the Customer lies with the operator of the payment system and/or the corresponding bank.
8. Refund of funds paid by the Customer may be made in the following cases:
8.1. The Service/Product was not provided due to the fault of the Service Provider within the specified period;
8.2. The Customer has notified of the termination of the Agreement and the refund of funds before the start of the service provision;
8.3. In cases specified in clause 14 of this Appendix.
9. The full or partial refund of funds paid by the Customer is made by the Service Provider based on a written request from the Customer, sent to the Service Provider's email info@too.kg, with the subsequent sending of the original to the Service Provider's mailing address: Kyrgyz Republic, 720055, Bishkek, Ahunbaeva street 119a, 4th floor, office 410.
10. The Service Provider may require the Customer to fill out an approved form for refunding funds.
11. If the Customer refuses the Agreement before the provision of the Product/Service by the Service Provider, except for payment conditions using credit funds, the Service Provider refunds 100% of the amount paid to the Customer.
12. If the Customer refuses the Agreement before the provision of the Product/Service by the Service Provider, paid with credit funds, the Service Provider refunds the funds to the corresponding bank, minus the commissions withheld by the bank from the Service Provider. The Service Provider is not responsible for paying and does not reimburse the Customer for the amount of interest accrued for the use of funds payable by the Customer to the bank under the agreement concluded by the Customer with the bank.
13. If the Customer refuses the Agreement within 30 (thirty) calendar days from the date of signing the Agreement by the Service Provider for the provision of services, the Service Provider refunds 50% of the amount paid to the Customer. In this case, if the Product/Service is paid with credit funds, the Service Provider refunds the funds to the corresponding bank, minus the commissions withheld by the bank from the Service Provider. The Service Provider is not responsible for paying and does not reimburse the Customer for the amount of interest accrued for the use of funds payable by the Customer to the bank under the agreement concluded by the Customer with the bank.
14. For unambiguous interpretation: when the Customer refuses services paid with credit funds (banking products - consumer loans, installments, etc.), the refund amount and the Service Provider's expenses are calculated from the amount of funds received by the Service Provider from the bank for the payment of services provided to the Customer.
15. If the Customer refuses the Agreement after 30 (thirty) calendar days from the date of providing the Agreement for the provision of services by the Service Provider, no refund of funds is made.
16. The refund of funds is made to the account from which the payment was made within 30 days from the date of receipt of the Customer's Request (the specific refund period depends on the bank that issued the Customer's bank card).
17. In case of changes to the Customer's payment details, as well as when paying for services by a banking organization using credit funds, the Customer undertakes to specify bank details for the refund of funds in the Request.
If the Customer does not provide bank details, the Service Provider is not responsible for incorrect and/or untimely transfer and/or non-transfer of funds to the payment details provided by the Customer last when paying for services.