Public Offer

This public offer is addressed to an indefinite number of capable individuals and/or legal entities (hereinafter referred to as the Customer) and is an official proposal of the Limited Liability Partnership "Arilan" (hereinafter referred to as the Contractor), represented by the General Director Tuleushin Nazym Leonidovich, acting on the basis of the Charter, to conclude an agreement for the provision of electric vehicle charging services (hereinafter referred to as the Agreement) in accordance with paragraph 1 of Article 387 of the Civil Code of the Republic of Kazakhstan under the terms specified in the offer.

The Contractor has the right to change the terms of the Agreement or withdraw it at any time at its discretion. If the Contractor changes the terms of the Agreement, such changes come into effect from the moment the revised terms of the offer are posted on the Website https://www.arilan.kz/publicoffer and in the Arilan Energy App, unless another period is specified by the Contractor at the time of posting.

The moment of full and unconditional acceptance of the Contractor's offer to conclude the Agreement (i.e., acceptance of the offer), in accordance with paragraphs 1 and 3 of Article 396 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), is considered to be the fulfillment by the Customer of the conditions specified in Section 2 of this Offer.

This public offer contains all essential terms for the provision of electric vehicle charging services at electric vehicle charging stations.

1. Subject and General Provisions

1.1. The subject of this agreement is the provision by the Contractor to the Customer of services for charging the battery packs of vehicles equipped with electric motors (hereinafter referred to as electric vehicles) with electrical energy.

1.2. Upon acceptance of the terms set forth in this agreement (acceptance), any individual with full legal capacity, as well as any authorized representative of a legal entity with the right to conclude agreements, who accepts the Offer, becomes the Customer, and the Agreement for the provision of services is considered concluded under the terms of this Agreement.

1.3. The acceptance is considered accepted from the moment the actions specified in clauses 2.1.1-2.1.2 are performed and indicates that the Customer understands the implications of their actions, and all terms of the Agreement are clear to them. The Customer, by accepting this Offer, accepts the Offer in its entirety and without reservations.

2. Acceptance of the Offer

2.1. In accordance with the terms of this Offer, the acceptance consists of the Customer performing the following actions:

2.1.1. Registering the Customer in the Arilan Energy application, available in the electronic stores Google Play and AppStore.

2.1.2. Connecting the electric vehicle to the EVCS available in the Arilan Energy application and selected by the Customer by connecting the cable to the socket according to the instructions provided in the Arilan Energy mobile application.

3. Provision of Charging Services

3.1. The Contractor undertakes to provide the Customer with electric vehicle charging services at EVCS available in the Arilan Energy mobile application.

3.2. For receiving the service, the Customer must:

• install the Arilan Energy mobile application;
• register in the Arilan Energy mobile application;
• select an EVCS available in the Arilan Energy mobile application;
• follow the instructions of the Arilan Energy mobile application to receive charging services at the respective EVCS.

3.3. The Contractor is not liable to the Customer if the refusal to receive the charging service is due to the following reasons:

• the Customer's failure to comply with the terms of this Offer;
• viruses in the operation of the Arilan Energy application;
• interruptions in communication channels and server infrastructure failures at the level of trunk communication channels, data exchange centers, computing centers, as well as regional and local communication lines;
• at the moment of receiving the service, the software or equipment of the EVCS itself is non-operational;
• failures and difficulties in the global Internet or its individual segments, malfunctions of addressing systems (DNS), etc.;
• unauthorized actions of third parties aimed at causing any kind of harm to either Party, performed using electronic software and/or hardware means or their combinations, including deliberate actions to disrupt or overload communication channels, server infrastructure functionality, unauthorized access to software complexes and confidential information (hacking, DDOS attacks, spreading malicious code, disabling software and hardware means, etc.);

3.4. After each successful operation of topping up the account balance from the Customer's bank card, the Arilan Energy service sends a receipt to the email address provided by the Customer in the application.

3.5. The receipt is generated based on the readings of the EVCS where the charging services were provided. The receipt indicates the date and time of receiving the service, the volume of services provided, and the cost of the service.

The Customer understands and agrees that at the end of the charging session at the EVCS, due to the technical features of the EVCS, the lock of the charging cable (or locking cover at the EVCS) is unlocked, and any third party may remove the electric cable from the electric vehicle. The Customer should understand the approximate charging completion time in order to personally disconnect the cable from the vehicle and/or the EVCS. The Contractor is not responsible for any adverse consequences that occur due to the Customer's failure to comply with the provisions of this clause.

4. Conditions for Purchasing the Service and Payment Procedure

4.1. The list of EVCS where the Customer can receive the electric vehicle charging service is specified in the ARILAN ENERGY mobile application.

4.2. Payments for the service are made at the price established in the manner indicated in the ARILAN ENERGY mobile application. The Customer agrees that before accepting this Offer, they are familiar with and agree to the specified prices.

4.2.1. The Contractor has the right to offer the Customer an alternative price for the Service provided the Customer purchases the "Arilan Alga" subscription. In this case, the subscription fee is non-refundable.

4.3. The Contractor provides the Customer with EVCS services only if the Customer has a sufficient amount available to charge in their account balance in the ARILAN ENERGY application.

4.5. The Customer unconditionally consents to the deduction of monetary funds for the services received and the execution of other payments under this Agreement from the ARILAN ENERGY account in a non-acceptance manner.

4.6. The Customer tops up the account balance in the ARILAN ENERGY application by making a payment in electronic form using the Internet through the Contractor's partner bank in accordance with the rules of international payment systems based on confidentiality and security principles for making payments, encryption, and transmission of data over closed communication channels. The input and processing of the Customer's bank card data is carried out on the secure payment page of the partner bank providing the payment service.

4.7. Payment by bank card takes place through the acquiring platform of ForteBank. The ARILAN ENERGY application is connected to the internet acquiring service of AО ForteBank. The Customer pays for the service with a Visa or Mastercard bank card. After selecting the field to top up the balance, a secure window will open with the payment page of AО ForteBank, where the Customer must enter their bank card details. To further authenticate the cardholder, the 3-D Secure protocol is used. If the issuing bank of the Customer's card supports this technology, the Customer is redirected to its server for additional identification.

The online payment service is provided in accordance with the rules of the International payment systems Visa and MasterCard based on confidentiality and security principles for making payments; the most current verification, encryption, and transmission methods are used over closed communication channels. The input of bank card data is carried out in a secure window on the payment page of AО ForteBank.

In the fields on the payment page, it is necessary to enter the card number, cardholder's name, card expiration date, and three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is displayed on the surface of the bank card. CVV2/CVC2 is the three-digit security code located on the back of the card.

A page of the Customer's card issuing bank opens in the same window for entering the 3-D Secure code. If the Customer has not set up static 3-D Secure, it will be sent to the Customer's phone number via SMS.

3-D Secure - is the most modern technology for ensuring the security of card payments on the Internet. It allows for the unambiguous identification of the authenticity of the cardholder performing the transaction and significantly reduces the risk of fraudulent operations with the card.

5. Responsibility of the Parties

5.1. The Contractor is not liable for interruptions in the provision of services in case of technical errors/failures of software or hardware.

5.2. If the actions of the Customer while receiving the service result in penalties imposed on the Contractor or lead to losses for the Contractor, they are subject to reimbursement by the Customer in accordance with the current legislation of the Republic of Kazakhstan.

5.3. It is recognized that, unless proven otherwise by the Customer, the ignition of the vehicle and/or damage to the battery pack and/or any electronic or physical component of the vehicle and/or its software while receiving the service and any damage or harm caused to the life and health of any person is due to a manufacturing defect of the vehicle.

5.4. The Contractor is not liable for damage and/or harm to the property of the Customer and third parties, including liability for harm to life and health in providing the service.

5.5. Under no circumstances shall the Contractor be liable to the Customer for lost profits.

6. Final Provisions

6.1. The Agreement comes into effect from the moment the Customer accepts its terms and until the Parties fully fulfill their obligations under the Agreement.

6.2. By concluding the Agreement for the provision of electric vehicle charging services, in accordance with the Law "On Personal Data and Their Protection", the Customer consents to the processing, storage, and other use of personal data contained in the documents and other information transmitted to the Contractor for the purpose of ensuring the execution of the concluded agreement.

6.3. The Contractor has the right to make changes to the text of this Offer at any time, post a new Offer, suspend the action of the Offer, withdraw the Offer. Changes become effective after they are posted on the Website and in the ARILAN ENERGY mobile application. The Customer is obliged to independently monitor changes/additions to the Offer.

6.4. The performance of the Customer's actions to receive the charging service after any changes/additions to this Offer is a confirmation of the Customer's unconditional consent to such changes/additions.

6.5. Disputes and disagreements related to the execution of this Offer shall be resolved by the Parties in a pre-trial (claim) procedure. If an agreement is not reached, disputes shall be submitted for consideration to the court in accordance with the current legislation of the RK.

6.6. Contractor's Details: