Public offer · Imbir Thai Spa

Public Offer for concluding a public contract for the provision of SPA procedures and the purchase of Gift Certificates

at the Thai massage and SPA salons "Imbir Thai Spa Classic"

Given the importance of the following, any person interested in concluding the Public Contract on the terms of this public offer is strongly advised to read its text carefully, and in the event of disagreement with any of its clauses, the Seller strongly recommends that they refrain from any actions necessary to perform the Acceptance.

This document is an official proposal (public offer) of LLP "Imbir Group", hereinafter referred to as the "Seller", and contains all the essential terms for the provision of services and the purchase of Gift Certificates at the Thai massage and SPA salons "Imbir Thai Spa Classic" (hereinafter — the Salon/Contractor), information about which is posted on the official Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz.

In accordance with Article 395 of the Civil Code of the RK, a proposal containing all the essential terms of a contract, from which the intention of the person making the proposal to conclude a contract on the terms specified in the proposal with anyone who responds is apparent, is recognized as an offer (a public offer). The public contract is deemed concluded from the moment of acceptance of this offer by virtue of Article 396 of the Civil Code of the RK and is valid until the parties have fulfilled all their obligations under the Public Contract.

From the moment of acceptance of this offer, the person (natural or legal) performing the acceptance becomes the Buyer.

Acceptance of this Public Offer means that the Public Contract has been concluded — on the terms specified in this Public Offer.

Acceptance, i.e. the full and unconditional acceptance of this public offer, is performed by one of the following means:

- clicking the button "I confirm that I have read the terms of the public offer, the privacy and personal data processing policy and the rules for the purchase, use and refund of certificates, fully accept them and give my consent to enter into the public contract", located on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz;

- responding to a message from the Seller about the public offer, sent to the Buyer's WhatsApp at the telephone number left by them on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz, as a contact number, or through which the Buyer requested the provision of Services directly to the Seller's WhatsApp;

- making partial (advance) or full payment for the provision of services;

- purchasing a Gift Certificate and paying for it in full;

- using a Gift Certificate for the provision of services;

- booking a service by any means and providing accurate personal data, including completing the Client Questionnaire.

The performance by the Buyer (or the Holder of the Gift Certificate) of any of the above actions constitutes their unconditional agreement with the terms of the Public Contract and their accession to it as a whole.

By performing Acceptance of this Offer by one of the means described above, the Buyer warrants that:

1) they have read, agree with, and fully and unconditionally accept all the terms of the public Offer in the form in which they are set out in the text of this offer; they act of their own free will, in their own interests and/or the interests of third parties for whose benefit they conclude the Public Contract;

2) if a third party (the Holder of the Gift Certificate) is to be the beneficiary under this Contract, then the Buyer will provide them with the text of this offer, explain the terms of the Public Contract, and ensure the full and unconditional acceptance of all its terms.

The purchase of a Gift Certificate, or its receipt from the Buyer of the Gift Certificate, means full familiarization with the terms of this offer and the Public Contract and their full and unconditional acceptance. In the event of disagreement of the person purchasing or receiving the Gift Certificate (the Certificate Holder) with the terms of the Public Contract, it is recommended that they refrain from purchasing or receiving the Gift Certificate.

The Parties have determined and agreed that if the Buyer has proceeded to Book the Services (booking a service), and/or to arrange and pay for a service, then the Seller considers that the Buyer is fully familiar with and agrees to the terms of the Public Contract and the rules posted on the Seller's website.

After booking a service, the Buyer (or the Certificate Holder) becomes a Client.

In addition to the Public Contract (its amendments and appendices), the aforementioned Contract also includes all special documents governing the provision of Services and posted in the relevant sections of the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz, which are an integral part of it. In the event of acceptance of the Public Offer, the Public Contract is deemed concluded on the following terms:

General provisions
1. The subject of this Contract is the provision by the Contractor, for a fee, at the Salons on the terms of the public offer, at the addresses, in accordance with the established pricing policy, ongoing promotions and other terms published on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz.
2. The Buyer pays for and instructs, and the Contractor undertakes to provide, the Services to the Buyer (or the Holder of the Gift Certificate) according to the program and in the amount of the denomination indicated in the Gift Certificate, the Season Pass, or the Cash Receipt for a one-time visit for Services.
3. A description and full list of the Contractor's Services, as well as their cost and the procedure for their provision, are posted on the Website www.imbir.kz, including all its sections and pages (subdomains, including www.sert.imbir.kz).
4. The Salon's working hours are from 10:00 to 22:00, without a break or days off.
5. Upon acceptance of the Public Offer, the Buyer/Client confirms that:

- prior to the moment of acceptance, they received all the necessary information about the Services provided by the Contractor, ensuring the possibility of receiving them taking into account their state of health, and are aware of the contraindications to receiving them (Appendix No. 1 to the Public Contract, which is an integral part of it);

- they have no medical contraindications to receiving the Services provided by the Salon (Appendix No. 1), and in cases where such exist, they have consulted their attending physician about the possibility of receiving them without any negative consequences for their health;

- they are aware of the obligation to notify the Contractor of individual characteristics (intolerance to any substances or functional effects, allergic reactions, etc.) that may lead to allergic/painful reactions of the body to the Services provided;

- they understand and are aware that providing inaccurate information about their state of health, visiting the sauna (hammam), or receiving any type of Services during an acute illness (exacerbation of a chronic illness) or current health disorders may entail negative health consequences during the receipt of the services;

- they fully and unconditionally agree that the Contractor is not liable in the event of problems arising during the receipt of the Services (or after their completion) caused by chronic and current health disorders not connected with the Contractor's violation of massage techniques (including but not limited to cases where the Client fails to provide, or provides incomplete, information about their state of health or the presence of contraindications to receiving the Services, as well as in cases where they became aware of their existence after receiving the Services);

- they are aware of and agree that, in order to control the quality of the Services provided and the safety of visitors, the Contractor makes audio recordings of conversations, as well as audio and video recordings in the Salon (at the entrance, in the reception area and corridors, with the exception of changing rooms, toilets, the hammam (sauna), massage rooms and the tea area);

- they undertake to observe the Rules of conduct for visitors and safety measures during a visit (hereinafter — the Rules);

- the Contractor is not liable for any deterioration in the Client's health, or for the Client sustaining any injuries (including those incompatible with life) that may arise as a result of the Client's failure to comply with the Rules;

- payment for the provided Service confirms the proper quality of the Services provided and their acceptance by the Client in terms of quality and volume;

- they are aware of and agree that the Contractor is not liable for the Client's personal belongings and is not responsible for their safekeeping (in cases of being left unattended and/or forgotten in the Salon), and is also not liable for the actions of third parties in relation to the Client's personal belongings, both during the provision of the Services and after their completion;

- they agree to receive, at the telephone number provided to the Contractor as a contact number, SMS messages and mailings reminding of a Booking (its rescheduling and cancellation), as well as informational, advertising and other messages. The Client hereby consents to receiving such information. In the event that the Client refuses to receive informational, advertising and other messages, the Client is obliged to send the Contractor a corresponding opt-out letter to the following details: [email protected].

Rules for using the Services
1. Services are provided by prior booking (booking of services) on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz, or via the Contractor's other messengers and social networks indicated on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz.
2. Without prior booking, services are provided only if, at the time of the request, there is free time available to provide the service.
3. Services are provided against an advance payment (deposit) in the amount of 5,000 (five thousand) tenge (when booking services without a Gift Certificate).
4. In the event of being more than 10 minutes late for a booking, the Contractor, depending on the length of the delay, has the right to:

- refuse to provide the Services (in which case the deposit is not refunded and constitutes a penalty);

- reduce the time of provision of the Services by the length of the delay (in which case full payment is charged for the Services).

1. The provision of services to persons who have not reached the age of majority implies that the minor has obtained the consent of their parent or guardian to visit the Salon.
2. The Salon has Rules of conduct for visitors and safety measures during a visit, which are an appendix to this Contract.

Rights and obligations
1. The Contractor has the right to:
  1. unilaterally terminate this Contract in the event of the Buyer's non-payment of the full cost of the services provided. The cost of the advance payment in this case is non-refundable;
  2. provide services with the involvement of third-party specialists;
  3. in the event that the Client has an acute infectious disease, a skin disease, or another disease that may affect the well-being of the Client or other visitors of the Salon, the Contractor has the right to refuse to provide the Client with services until their full recovery;
  4. refuse to provide Services to Clients who are in a state of narcotic, toxicological or alcoholic intoxication; who use obscene language and violate the Rules; to persons whose behavior offends the honor and dignity of the Salon's employees and other Clients; and to persons who have caused property damage to the Salon;
  5. send the Client informational, advertising and other messages to the telephone number provided as a contact number;
  6. change the rules for using the Website, as well as change the terms of the Contract on the Website. Changes take effect from the moment the new version of the Contract is published on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz;
  7. make audio recordings of conversations when contacted by telephone, as well as audio and video recordings in the Salon (at the entrance, in the reception area and corridors, with the exception of changing rooms, toilets, the hammam (sauna), massage rooms and the tea area) in order to control the quality of the Services provided and the safety of visitors. At the same time, the Contractor undertakes to prevent attempts at unauthorized access to such audio and video recordings and/or their transfer to third parties, except for their transfer to law enforcement agencies, courts and other authorized state bodies of the RK upon their reasoned request, as well as in other cases expressly provided for by the current legislation of the Republic of Kazakhstan (including for the protection of its rights and interests in court).
2. The Contractor is obliged to:
  1. provide services of proper quality and in a timely manner according to the booking, subject to receipt of payment for the Services;
  2. within the validity period of the Gift Certificate, provide its Holder with the services chosen by them in full and of proper quality;
  3. maintain the confidentiality of the Client's information received from them when booking a service, during the provision of the service, and obtained through the Client completing the Questionnaire, except for the cases provided for by the legislation of the RK.
3. The Client has the right to:
  1. demand from the Contractor the provision of services of proper quality in accordance with the terms of this Contract;
  2. receive the necessary and accurate information about the Contractor's operations and the cost of services;
  3. refuse to book services and visit the Salon in accordance with Section 5 of the Contract.
4. The Client is obliged to:
  1. observe public order and generally accepted norms of behavior, follow the established Rules of conduct in the Salon, behave respectfully towards other visitors of the Salon and the service staff. Not to commit actions that entail a public danger to the people in the Salon;
  2. when visiting the Salon in order to receive services, the Client is obliged to inform the Salon's Administrator of their state of health, medical contraindications, chronic diagnoses, allergic diseases and other diseases, and features of the body that may entail negative health consequences during the receipt of services. The information is provided by completing the Client Questionnaire. The Client warrants that the information they have indicated in the Questionnaire corresponds to reality as of the date of completing the Questionnaire, and also undertakes not to visit the Salon in the event of a change in their state of health and the appearance in connection with this of contraindications specified in Appendix No. 1 to the Public Contract;
  3. before the start of the provision of the Services, notify the Contractor of individual characteristics (intolerance to any substances or functional effects, allergic reactions, etc.) that may lead to allergic/painful reactions of the body to the Services provided;
  4. in the event of contraindications, before the start of the provision of the Services, notify the Contractor of the presence of medical contraindications to receiving the Services provided by the Salon (Appendix No. 1), and consult their attending physician about the possibility of receiving the Services without any negative consequences for their health;
  5. independently monitor their state of health during the provision of the Services, immediately decline them in the event of a deterioration in well-being or painful sensations (dizziness, malaise, discomfort, muscle pain, cramps, redness of the skin and eyes, itching, bleeding, etc.) and contact a Salon employee;
  6. upon concluding this Contract, the Client confirms that they have no medical contraindications to receiving the services provided by the Contractor and fully assumes responsibility for their state of health;
  7. make full payment of the cost of the ordered (chosen) services when visiting the Salon, immediately before the provision of the Services;
  8. it is prohibited to be in the Salon in a state of alcoholic and narcotic intoxication;
  9. treat the Contractor's property with care. Damage caused to the Contractor's property during the provision of the Services is subject to compensation by the Client. In this case, for damage to the Contractor's property, the Client pays or compensates the full cost of the work to restore it (repair) upon the Contractor presenting documents confirming the cost of the repair expenses, or compensates the full cost of the damaged property, or replaces it with equivalent property;
  10. compensate for damage caused to the property of other Clients.
Cost of services and settlement procedure
1. The cost of the Contractor's Services is indicated on the Website. The Contractor has the right to unilaterally change the pricing policy and the cost of services without prior agreement of such changes with the Buyer, while ensuring the publication of the changes and additions on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz; the new cost of services takes effect at the moment of publication on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz.
2. Payment for the Services provided under this Contract is made in tenge, in the amount of 100 (one hundred)%, as a single payment in cash to the cash desk, or by non-cash payment via bank transfer or an instruction to debit funds from the Buyer's bank card, as well as by mobile payments.
3. The sale of a Gift Certificate for Services is made on the terms of 100 (one hundred)% advance payment.
4. The Seller has the right to reserve for the Client the possibility of purchasing Services by prior Booking, for which the Client makes an advance payment (deposit) to the Seller in the amount of 5,000 (five thousand) tenge. The said payment is taken into account in the Client's subsequent payment of the cost of the Contractor's Services, and in the event of cancellation of the Application less than 24 hours before the start of the booking time at the Salon, it is not refunded, constituting the Client's penalty.
5. The Seller has the right to establish various discounts on the cost of the Services provided and special offers on the Services, which are valid for a limited time. In such a case, the Client agrees to the terms of the special offers, expressing their Acceptance by paying for the chosen Service at the special price (with a discount). Information about discounts, special offers and their period of validity is posted on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz. In the event of the expiry of the period of validity of a discount or special offer, the Client is not entitled to demand that the Seller conclude a contract with them on special terms. In any case, the cost of the Services is determined as of the date of their payment.
6. The promotions indicated on the Website www.imbir.kz and/or its sections and subdomains, including www.sert.imbir.kz, are not cumulative, unless otherwise indicated. Discount terms and promotion terms do not apply to previously purchased Gift Certificates.
Cancellation of a booking
1. Cancellation of a service booking is carried out by the Client at least 24 hours before the provision of the booked service in all cases, except for the cases provided for in clause 5.2 of the Contract. In this case, the Contractor cancels the Order, or the Client and the Contractor determine another time for the provision of the Services taking into account the Salon's operating schedule and the availability of free slots for Booking. Upon cancellation of a service booking, the amount of the advance payment (deposit) is not refunded to the Client (in accordance with Article 338 of the Civil Code of the RK).
2. In the event that a service is booked for the period of 1–4 January, 14 February, 1–9 March, 22–24 March, or 25–31 December, cancellation of the booking is carried out at least 2 (two) calendar days before the date of provision of the booked service.
Gift Certificates
1. The Gift Certificate is a means of payment for services, to which the payment procedure established by Section 4 of this Contract applies.
2. The Gift Certificate may be used by the person to whom it was handed over (the Holder of the Gift Certificate) within its validity period indicated on the Gift Certificate.
3. The Gift Certificate is deemed invalid after the expiry of its validity period.
4. If the Gift Certificate has not been used before the expiry of its validity period, payment for the Salon's Services with the Gift Certificate, as well as a refund of the money paid for it by the Buyer, is not possible.
5. In exceptional cases (where there are valid reasons), at the Seller's discretion, the Gift Certificate may be used by its Holder after the expiry of its validity period.
6. A refund of the money for a gift certificate is made only to the Buyer, upon the written application of the Buyer of the certificate with the documents confirming its purchase attached, within the terms and on the conditions provided for in clause 1 of Article 30 of the Law of the RK "On the Protection of Consumer Rights", in accordance with the Rules for the purchase, use and refund of Gift Certificates at the Thai massage and SPA salons "Imbir Thai Spa Classic", which are an appendix to this Contract.
Liability of the Parties
1. The Parties are liable for non-performance or improper performance of this Contract in accordance with the current legislation of the Republic of Kazakhstan.
2. The Contractor is not liable for harm caused to the life and health of the Client in the event of the latter's improper performance of their obligations under this Contract.
3. The Client fully assumes responsibility for their state of health and the health of their companions.
4. The Contractor is not liable for the Client's personal belongings and is not responsible for their safekeeping (in cases of being left unattended and/or forgotten in the Salon), and is also not liable for the actions of third parties in relation to the Client's personal belongings, both during the provision of the Services and after their completion.
5. The Parties are released from liability for partial or complete non-performance of obligations under this Contract if the non-performance of obligations occurred as a result of force majeure circumstances arising after the conclusion of this contract as a result of circumstances of an extraordinary nature, such as: flood, fire, earthquake and other natural phenomena, as well as war, military actions, blockade, epidemics, lockdown, prohibitive actions of the authorities and acts of state bodies, destruction of communications and power supply, and the cessation (including temporary) of the provision of utility services by their suppliers, which arose during the validity of this Contract and which the Parties could not foresee or prevent.
Final provisions
1. This contract takes effect from the moment of Acceptance of the Offer and is valid until the moment the Offer is withdrawn by the Contractor.
2. On all matters not regulated by this Contract, the Parties are guided by the current legislation of the Republic of Kazakhstan.
3. In the event of disputes, demands and/or claims on matters provided for by the Contract or in connection with it, the parties undertake to take all possible and reasonable measures to settle them through negotiations. If it is impossible to settle a dispute through negotiations, the dispute is subject to consideration in court in accordance with the current legislation of the RK at the location of the Client.
4. Changes made to the Contract take effect from the moment the amended Contract is posted on the Website, unless a different procedure is provided for by the changes made.
Seller's details:

LLP "Imbir Group", BIN 170340025554

Legal address: RK, Astana, Tauelsizdik Avenue 40/5, e-mail [email protected].

Appendix No. 1 to the Public Contract

Contraindications to receiving the Services:

Pregnancy at any stage, the lactation period
Allergic reactions
Recently undergone operations (less than a year ago)
Spinal problems (hernias, protrusions), fractures
Osteoporosis
Medical contraindications to massage
Cardiovascular diseases
Acute heart failure
High blood pressure (hypertension)
Epilepsy
HIV, hepatitis
Oncological diseases
All chronic diseases in the acute stage
Fever
Feverish condition
The period after abortions or childbirth (within 60 days)
Acute pain
Neuralgia
Inflammatory reactions in the body
The rehabilitation period after surgery, radiation therapy or chemotherapy
Arterial diseases
Predisposition to the formation of blood clots
A state of intoxication (hangover syndrome, poisoning)
Tuberculosis
Renal failure
Blood diseases, bleeding of various etiologies and a predisposition to them
Atherosclerosis of the peripheral vessels
Varicose veins
Delicate massage in the area of raised moles and papillomas
Dermatological diseases (eczema, dermatitis, psoriasis, shingles) — the affected area should not be massaged
Prostheses — implants (e.g. breast, hip or knee joint) — the affected area should not be massaged

Appendix No. 2 to the Public Contract

Salon emblem

Client Questionnaire

Full name _________________________________________

Date of birth ______________________

Contact telephone __________________

a human silhouette from the old questionnaire with the contraindications from Appendix No. 1

I hereby confirm that I have been familiarized with the contraindications to the provision of the Services and confirm their absence. I warrant that the information indicated in the Questionnaire corresponds to reality as of the date of completing the Questionnaire, and I also undertake not to visit the Salon in the event of a change in my state of health and the appearance in connection with this of contraindications. ___________________ /signature/

I confirm the absence of acute illnesses (exacerbations of chronic illnesses), current health disorders, and the absence of colds (acute respiratory viral infections, etc.), fever, cough or feverishness that may lead to a deterioration in health. ___________________ /signature/

I notify of the following individual characteristics:

- (intolerance to any substances or functional effects, allergic reactions, etc.) that may lead to allergic/painful reactions of the body to the Services provided (list them if any): __________________________________________________________________________________________________________________________________________________________

- the presence of papillomas and raised moles, eczema, dermatitis, psoriasis, shingles (indicate in which places, if any):

__________________________________________________________________________________________________________________________________________________________- the presence of prostheses — implants (breast, hip, knee, etc.) — indicate if any:

__________________________________________________________________________________________________________________________________________________________

I agree that the Contractor is not liable in the event of problems arising during the receipt of the Services (or after their completion) caused by chronic and current health disorders not connected with the Contractor's violation of massage techniques (including but not limited to cases of failure to provide, or the provision of incomplete, information about the state of health or the presence of contraindications to receiving the Services), as well as in cases where their existence is discovered after receiving the Services. ____________ /signature/

I have been informed that the Contractor is not liable for my personal belongings, including valuables, and is not responsible for their safekeeping (in cases of being left unattended and/or forgotten in the Salon), and is also not liable for the actions of third parties, both during the provision of the Services and after their completion.

I confirm that I have read the terms of the Public Offer and fully and unconditionally accept all its terms. ____________________ /signature/

I confirm that the information I have provided is accurate. In the event of the subsequent detection of contraindications, I will have no claims against the Salon for the services provided.

Date of completing the Questionnaire: "__" ___________ 20___.

Signature