TERMS AND CONDITIONS OF USE OF MODENA'S WEBSITE

By accessing, surfing or using this MODENA's Website ("Website"), you are deemed to know and accept the following terms and conditions of MODENA, its subsidiaries and/or its affiliated companies ("MODENA"):

1. LAWS AND REGULATIONS

Access and use of this Website are subject to the laws and regulations in Kazakhstan.

2. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

Trademarks, logos and service marks (entirely, "Mark") and the contents (including but not limited to information, communications, softwares, images, videos and sounds) (entirely, "Content") contained on or available on Web Pages are owned by third-party content providers and licensors. You shall assume that all Marks and Contents on Web Pages are protected by copyright and other applicable intellectual property rights unless otherwise specified. You shall not reproduce, modify, send, share, publish, download or display such marks and contents in any form or in any manner including but not limited to electronic, mechanical photocopying or recording without prior written consent from us. You shall agree that the marks and contents contained in or available through the Web Pages shall not be used for commercial purposes or be distributed commercially. Any unauthorized use of the marks or contents may violate regulations on copyright, trademark, confidentiality and publication, as well as civil and criminal laws. Our rights are explicitly retained. If you are convinced that your intellectual property or other copyrighted materials have been displayed on MODENA's website without your permission, please inform us via e-mail: care. [email protected].

3. HYPERLINK

This website provides links to other websites to access third-party materials or by bringing third-party materials into this website via “inverse” hyperlinks and framing technology ("linked websites"). MODENA has no authority to modify, renew, or control the contents on the linked websites. The fact that MODENA provides a link to a website, it does not constitute an endorsement, validation, sponsorship, or affiliation to such website, its owner, or its provider. MODENA shall not be liable for the improper use of the Website and framing of any contents through other Websites. Access to Linked Websites shall be at your own risk. Please note that Linked Websites may contain rules and regulations, privacy statements, confidentiality provisions, the transmission of personal data provisions, and other provisions that may be different with the provisions contained on the Website, and MODENA shall not be liable for such provisions and expressly deny any liability associated with such provisions.

4. LIMITATION OF LIABILITY

Products displayed in catalogs are subject to technical changes, inaccuracies, printing errors and availability. In the event of inaccurate information or things or writing mistakes on the website or any linked website, MODENA expressly disclaims liability for such inaccuracies or mistakes. Modena does not guarantee or declare that the contents of the website are complete or up-to-date. MODENA shall not be liable to renew the contents of the website. MODENA may change the contents on the website at anytime without notice. You shall agree that modena, its affiliated companies and its officers, directors, employees or agents shall not be liable, whether in contract, legal liability or otherwise, for any direct, punitive, particular, consequential, incidental or indirect damages (including but not limited to lost profits, substitute costs of obtaining services or missed opportunities arising from or in connection with the use of the website or any linked website, or delay or inability to use the website or any linked website, even if MODENA is aware of the possibility of such damages. This limitation of liability includes but not limited to the rise of viruses that may damage your devices, mechanical failures or failures of electronic equipment or communication lines, telephone or other internal connection problems such as inability to access internet services, unauthorized access, theft, operator damage, strike or other labor problems or any force majeure. MODENA cannot and does not guarantee continuous, uninterrupted or secure access to the website.

5. CONFIDENTIAL COMMUNICATIONS

Unless required by law enforcement officer and in compliance with MODENA's Privacy Statement, if you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post shall be used by MODENA or its affiliated companies for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MODENA is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. MODENA shall not be held liable for any unauthorized or unlawful interruptions or modifications of any communications between you and MODENA (either by electronic mail or otherwise), or for any loss, the damage inflicted (including but not limited to the loss, damage arising from unauthorized or fraudulent use of information using information contained in or made accessible through such communications). Although MODENA from time to time supervises or checks any discussions, posting, transmission, forums, and the like on the Site, MODENA shall be under no obligation to do so and shall not be responsible for the obligations arising from the contents in such communications or for any mistake, libel, defamation, profanity, or inaccuracy contained in such communications. You are prohibited to post or transmit any unlawful, threatening, defamatory, indecent, pornographic materials, or any materials that may encourage action that would be considered a criminal offense or give rise to civil liability or otherwise violate the law. MODENA shall fully cooperate with any law enforcement authorities or court orders requesting or directing MODENA to disclose the identity of anyone posting such materials.

6. PERSONAL DATA TRANSMISSION

You are deemed to have read the Privacy Statement of MODENA, understood and agreed that by providing personal or proprietary information to MODENA through the Website, you shall agree that such personal or proprietary information can be transferred over international borders required for processing in accordance with MODENA's business practice standards. You shall understand that the Linked Websites may contain provisions related to transmitting personal data that differ from the provisions provided on MODENA's Website. MODENA shall not be held liable for such provisions, and disclaim any and all liabilities related to such provisions.

7. CUSTOMER AWARENESS NOTICE

MODENA is aware of the existence of a number of fraudulent electronic mails sent to the public by a third party without permission, by fraudulently claiming to be running promotions. Examples may include electronic mail sent unsolicited claiming that the recipient will receive a charitable donation, wins the lottery or gets job offers. We affirm that there is no such kind of electronic mail considered being MODENA's official promotion/job offers and thus we shall not accept the existence of any relationship with or liability arising out of or relating to this electronic mail. We, therefore, advise that the recipient shall not respond to electronic mail as such and/or not provide their personal data.

8. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed under the laws of Kazakhstan.

9. GENERAL PROVISIONS

If any of these Terms and Conditions of Use shall become unenforceable or invalid, then such unenforceable or invalid condition shall be deemed superseded by a valid and unenforceable condition coming closest to the initial condition and all of the Terms and Conditions of Use shall remain in force. Our Negligence of executing the Terms and Conditions of Use shall not be regarded as an act neglecting any provision or right.