Public Offer
1. Terms and definitions
1.1. In this Public Offer (hereinafter — the “Offer”) the following terms are used with the meanings set out below:
1.2. Platform / Service — the Tezser software product, comprising a mobile application and a website, which provides Users with informational functions for the self-organization of shared (carpooling) rides.
1.3. Company / Operator — ТОО «Tezser», BIN 240540001897, the owner and administrator of the Platform, acting under the terms of this Offer.
1.4. User — a legally capable natural person who has completed registration and/or uses the Platform. A User may act as a Driver and/or a Passenger.
1.5. Driver — a User who publishes on the Platform information about a planned route and offers available seats in their own vehicle for a shared ride along that route.
1.6. Passenger — a User who joins a Driver’s Ride along a matching segment of the route.
1.7. Ride — a shared (carpooling) trip along a route that the Driver undertakes for their own purposes and which a Passenger joins along a matching path. A Ride is a relationship between Users.
1.8. Cost-share — the reimbursement by the Passenger of part of the Driver’s actual costs of the Ride (fuel, depreciation, road tolls, etc.). The cost-share does not constitute a “tariff”, “fare”, or remuneration for a carriage service, since the Company does not provide carriage services. The cost-share must not exceed the share of actual costs and may not generate a profit for the Driver.
1.9. Service Fee — the Driver’s payment for the Platform’s information-technology services (matching fellow travelers, organizing and accompanying a shared Ride). The Service Fee is withheld from the cost-share amount and constitutes a percentage thereof, the amount of which is specified on the Platform (as at the date of this revision — 15% of the cost-share amount). The Service Fee is a payment for the Platform’s services (information intermediation), and not a payment for carriage or a “tariff”.
1.10. Subscription — a User’s paid access to extended functions of the Platform that are not directly related to carriage. A Subscription is a service of the Company for providing access to the Service.
1.11. Account — a User’s account on the Platform.
1.12. Other terms are interpreted in accordance with the legislation of the Republic of Kazakhstan and the established practice of their application.
2. General provisions and subject matter
2.1. This Offer constitutes the Company’s official proposal to any User to enter into an agreement on the terms set out below.
2.2. The subject matter of the Offer is the provision by the Company to the User of access to the Platform as an informational (software, SaaS) service, as well as the provision of a paid Subscription. The Company provides Users with software tools for independently finding fellow travelers, agreeing on a route, and organizing shared Rides.
2.3. Tezser is an information intermediary and is NOT a carrier. The Company does not provide passenger and baggage carriage services, is not a party to a Ride, does not operate vehicles, and does not organize the carriage process. All Rides are performed directly between Users at their own risk and under their own responsibility.
2.4. Rides are performed on the terms of a cost-share (joint bearing of the costs of the Ride). The Driver’s derivation of profit from a Ride is prohibited. A Passenger’s contribution may not exceed the corresponding share of the Driver’s actual costs of the Ride.
2.5. The Company does not provide carriage services. For providing the Platform’s information-technology services (matching fellow travelers and organizing a shared Ride), the Company charges a Service Fee, the amount of which is specified on the Platform (as at the date of this revision — 15% of the cost-share amount). The Service Fee is a payment for the Platform’s services, and not a payment for carriage. The Company’s income is generated through the Service Fee and/or the Subscription.
2.6. If a Driver begins to systematically derive profit from Rides or otherwise goes beyond the cost-share model, the obligation to register the relevant activity with the state, to obtain the necessary permits, and to pay taxes and other mandatory payments rests solely with the Driver. The Company bears no responsibility for a User’s failure to fulfill such obligations.
2.7. The functionality of the Platform includes, in particular: registration and authentication of Users; publication of routes by Drivers and the joining of Passengers along a matching path (matching — the Passenger is located on the Driver’s route, whereby the Driver does not deviate from their own route); verification of Users and vehicles; display of real-time geolocation for matching and accompanying a Ride; exchange of text messages between the Driver and the Passenger; push notifications.
2.8. The Platform supports languages in accordance with the requirements of the legislation of the Republic of Kazakhstan on languages (the Kazakh and Russian languages are presented with equal visibility) (Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” No. 151-I).
3. Acceptance of the offer
3.1. Acceptance of this Offer is deemed to be the performance by the User of any of the following actions: completing registration on the Platform and/or commencing use of the Platform.
3.2. Performance of the said actions means the User’s full and unconditional acceptance of all terms of the Offer and is equated to the conclusion of an agreement between the User and the Company on the terms of the Offer.
3.3. Registration is carried out by phone number with the setting of a password and confirmation of a code sent to the User (including via WhatsApp/Telegram), or by logging in through a third-party authentication service (Google, OAuth).
3.4. By registering and/or using the Platform, the User confirms that they have reached the age of 18+ years, possess the necessary legal capacity, and are entitled to enter into this agreement.
3.5. If the User does not agree with the terms of the Offer, they must refrain from registering and using the Platform.
3.6. As part of registration and the use of certain functions, the User gives consent to the processing of personal data to the extent and on the terms provided for by the Privacy Policy and the consent to the processing of personal data. The content of such consent complies with the requirements of Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Its Protection” No. 94-V.
4. Rights and obligations of the Company and the User
4.1. The Company undertakes:
4.1.1. To provide the User with access to the Platform in accordance with its current functionality.
4.1.2. To process the User’s personal data in accordance with the legislation of the Republic of Kazakhstan on personal data, including the localization of the personal data of citizens of the Republic of Kazakhstan within the territory of the Republic of Kazakhstan (Article 12 of Law No. 94-V). Data is stored in infrastructure located within the territory of Kazakhstan (Yandex Cloud); photographic materials — in object storage (S3/MinIO).
4.2. The Company has the right:
4.2.1. To unilaterally change the composition and content of the Platform’s functions, as well as the terms of this Offer, in the manner provided for in Section 7.
4.2.2. To carry out verification of Users and vehicles, including by checking photographs of the Driver, the Passenger, the vehicle, and a selfie (biometric control) with subsequent moderation. The Company has the right to refuse verification or to revoke its results if there is doubt as to the accuracy of the submitted data.
4.2.3. To restrict, suspend, or block a User’s access to the Platform or Account, as well as to change or terminate individual functions at its discretion, with a basic notice to the User in cases where such notice is required by the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” No. 274-IV, to the extent not contrary to the legislation of the Republic of Kazakhstan.
4.2.4. To send the User service and informational messages, including push notifications.
4.3. The User undertakes:
4.3.1. To provide accurate data upon registration and verification and to keep it up to date.
4.3.2. To use the Platform in good faith and in accordance with the legislation of the Republic of Kazakhstan, without infringing the rights of third parties.
4.3.3. To independently bear responsibility for compliance with the requirements for operating a vehicle (possession of a valid driver’s license, insurance, the technical soundness of the vehicle) — for the Driver.
4.3.4. Not to use the Platform to derive profit from Rides and not to turn the cost-share into a fare; to comply with the restriction provided for in clause 2.4.
4.3.5. Not to transfer access to the Account to third parties and to ensure the confidentiality of login credentials.
4.4. The User has the right:
4.4.1. To use the functions of the Platform in accordance with their intended purpose and this Offer.
4.4.2. At any time to cease use of the Platform and delete the Account in the manner set out in Section 8.
5. Cost and payment for the Platform’s services
5.1. Access to the basic functions of the Platform is provided on the terms specified on the Platform. Access to extended functions is provided on the terms of a paid Subscription.
5.2. The cost, composition, and frequency of charges under the Subscription are specified on the Platform at the time of arrangement and may change in the manner set out in Section 7. The User has the right to link a payment card for the cashless payment of the Subscription and/or the cost-share for Rides (including the withholding of the Service Fee). The linking and processing of card data are carried out by a licensed payment service provider (PSP); the Company does not store full card data.
5.3. The cost-share is agreed between the Users (the Driver and the Passenger) and is paid by the Passenger in cash, by direct transfer, or by cashless payment with a bank card through the Platform. Cashless payment of the cost-share is made through a licensed payment service provider (PSP). In such payment, the Company withholds from the cost-share amount a Service Fee for the information-technology services rendered, and the remaining part of the cost-share is due to the Driver; the processing and distribution of the payment are ensured by the licensed PSP. The Company is not a bank, does not provide payment services that require a license, and does not carry out the issuance of electronic money (Articles 42–44 of the Law of the Republic of Kazakhstan “On Payments and Payment Systems” No. 11-VI).
5.4. Since the Company does not provide carriage services and does not carry out paid dispatching of taxi orders, the Platform does not constitute a “taxi-ordering application” within the meaning of the Law of the Republic of Kazakhstan “On Road Transport” No. 476-II. The qualification of the activity is carried out according to its substance (Article 2 of the Entrepreneurial Code of the Republic of Kazakhstan).
5.5. All settlements under the Subscription are made in the manner and within the time limits specified on the Platform. Refunds of Subscription amounts are made in the cases and in the manner provided for by the legislation of the Republic of Kazakhstan, including Law No. 274-IV.
6. Liability; intermediary’s disclaimer of liability
6.1. Tezser is an information intermediary, not a carrier, and not a party to a Ride. The Company bears no responsibility for the actions (inaction) of Users, for the quality, safety, timeliness, and the very fact of the performance of Rides, or for the cost-share settlements between Users.
6.2. The Service is provided “as is” and “as available”, without warranties of uninterrupted and error-free operation, the absence of interruptions, or warranties of fitness for the User’s specific purposes.
6.3. The Company bears no responsibility for harm (including harm to life, health, and property) caused in connection with a Ride, for the accuracy of information posted by Users, or for the Users’ performance of their mutual obligations.
6.4. To the extent permitted by the legislation of the Republic of Kazakhstan, the Company’s aggregate liability to the User is limited to the amount of the Subscription fee actually received by the Company from that User for the last paid period (or another minimum limit provided for by law).
6.5. The limitations and exclusions of liability provided for in this Section apply to the extent that they do not contradict the mandatory provisions of the legislation of the Republic of Kazakhstan, including Law No. 274-IV.
6.6. The User independently bears responsibility for compliance with the law when performing Rides and for the consequences of providing inaccurate data.
7. Amendment of the offer
7.1. The Company has the right to unilaterally amend this document at any time. The new revision is published on the Platform at a permanent address and takes effect from the moment of publication, unless a different date is specified therein. The Company notifies Users of material changes no later than 30 days in advance (via the application, e-mail, or another available method). Continued use of the Platform after the changes take effect means the User’s consent to the new revision. If the User does not agree with the changes — they must cease use of the Platform and have the right to delete their account.
7.2. The current revision of the Offer is always available on the Platform. The User is obliged to independently track changes by referring to the published revision.
8. Term, termination, the right to delete an account
8.1. The Offer takes effect from the moment of its acceptance by the User and is valid indefinitely, until its termination in the manner set out in this Section or the cessation of the Platform’s operation.
8.2. The User has the right at any time to unilaterally refuse performance of the agreement by ceasing use of the Platform and deleting the Account using the Platform’s tools.
8.3. The Company has the right to terminate the agreement with the User (including to block or delete the Account) in the event of the User’s breach of the terms of the Offer or the legislation of the Republic of Kazakhstan, as well as in other cases provided for in clause 4.2.3.
8.4. Upon deletion of the Account, the User’s access to the functions of the Platform ceases. Personal data is processed and stored for the duration of the account and for 3 (three) years after its deletion, unless a different period is established by the legislation of the Republic of Kazakhstan, after which it is deleted or anonymized in accordance with the legislation of the Republic of Kazakhstan on personal data and the Privacy Policy. Certain data may be stored longer if required by law.
8.5. The termination of the Subscription and the terms for refunding its paid portion are determined on the Platform and by the legislation of the Republic of Kazakhstan.
9. Dispute resolution and applicable law
9.1. The law of the Republic of Kazakhstan applies to this Offer and to the relations of the parties.
9.2. The parties take measures for the pre-trial (claim-based) settlement of disputes. A claim is sent to the Company through the Platform and is considered within a reasonable time.
9.3. If agreement is not reached, disputes are subject to consideration in the court at the location of the Company, taking into account the mandatory provisions of the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” No. 274-IV concerning the jurisdiction of disputes involving consumers.
10. Miscellaneous provisions and intellectual property
10.1. By posting content on the Platform (including photographs, routes, messages), the User grants the Company a non-exclusive, royalty-free license to use such content to the extent necessary for the functioning of the Service (storage, display, transmission within the framework of the Platform’s operation), for the period during which the content is posted. The User warrants that they have the rights to the content posted.
10.2. Exclusive rights to the Platform, its software code, design, trademarks, and other intellectual property objects belong to the Company and/or its rights holders.
10.3. The invalidity of individual provisions of the Offer does not entail the invalidity of the Offer as a whole.
11. Company details
11.1. Name: ТОО «Tezser»
11.2. BIN: 240540001897
11.3. Legal address: Almaty, Duldul Street 24
11.4. E-mail: dzhurunovt@gmail.com
11.5. Phone: +7 708 093 98 34
11.6. Contact with the Company: requests concerning the processing of personal data, the exercise of data-subject rights, and the deletion of data are submitted through the Platform (including the account deletion feature); the e-mail above is the general company contact.