Public Offer

on Participation of Buyers in Discount Program 

  1. General Provisions
    1. Aurika Limited Liability Partnership, hereinafter referred to as the Seller, shall offer individuals and legal entities to enter into a Discount Card Purchase Agreement concerning the provision of discounts when purchasing petroleum products (hereinafter referred to as the Agreement) in the manner and subject to the terms and conditions provided for herein.
    2. The purchase of the Card as the Buyer’s ownership and its activation is complete is a full and irrevocable consent to the acceptance of the terms and conditions hereof.
    3. The card shall be intended for personal use by its owner in order to refuel his/her own vehicles and shall not be transferred to Third Parties.
    4. The Buyer shall have the right to withdraw from the Offer (Agreement) at any time.
  2. Terms and Definitions
    1. Filling Station (hereinafter referred to as the Filling station) shall mean process system, fitted with equipment that provide storage and retail sale of petroleum products, to which the Buyer shall have the right to receive the Goods in the prescribed manner.
    2. Sales Office shall mean a structural unit of the Seller, in which the Card shall be issued, replaced, blocked, as well as other services shall be provided in the manner prescribed by the terms and conditions of the Agreement.
    3. Discount shall mean a reduction in the price of retail petroleum product sales, established for the release of petroleum products under the Cards in all Seller’s branches, for an indefinite range of persons who purchased the Cards, as well as to be established when replenishing at the Sales Offices, and through the Personal Account.
    4. A card shall mean a plastic card with a number written into the chip, which shall be used as an identifier. The identifier shall bind the cardholder to the Buyer’s personal account. Within the discount program, the cardholder shall have the right to receive a discount for a unit of petroleum products when paying by cash
    5. Goods shall mean petroleum products transferred to the Buyer at the Seller’s filling station. Goods unit of measure is liter
    6. Petroleum products shall mean AI-92, AI-95, AI-98, gasoline, diesel fuel, winter diesel fuel
    7. Seller’s Retail Network shall mean the Seller’s filling station network
    8. Retail Price shall mean the price established in accordance with the legislation of the Republic of Kazakhstan (for regulated types of petroleum products) and established by the Seller (for unregulated types of petroleum products) for the petroleum products sale through a network of facilities (filling stations) to the end consumer
    9. Cash settlement shall mean cash depositing, payment  by bank payment/credit card, payment using money bag of the Seller’s fuel card
    10. Personal account shall mean an electronic account of the Buyer on the website www.aurika.kz, which shall allow him/her to perform appropriate operations with the Card
  3. Subject of the Offer
    1. The Seller shall be obliged to provide discounts to Buyers who present the original of the activated Card when making purchases in the entire retail network of the Seller made for cash.
    2. The Seller shall release, and the Buyer shall pay for and accept the Card and/or the Goods in accordance with the terms and conditions hereof and at the prices set by the Seller on the day of the sale of the Goods.
    3. The title of the Goods shall pass to the Buyer when he/she refueled the vehicle. The Seller’s obligations at the time of the release of the Goods shall not include checking the validity of the Card possession by the person who presented it.
    4. The Buyer shall have the right to refuse the discount by not presenting the original of the activated Card.
    5. The amount and conditions for the provision of discounts shall be set by the Seller and posted on www.aurika.kz. The Seller shall reserve the right to change the amount and conditions for the provision of discounts with the obligatory notification of the Buyers by posting the relevant information on the specified website.
    6. Discounts shall be available only for unregulated petroleum products purchased for cash.
  4. The Procedure for the Buyer Joining to the Seller’s Discount Program
    1. Individuals wishing to take advantage of the Seller’s discounts and receive the Card, shall apply to the Aurika filling station or the Seller’s sales offices to purchase the Card. The card shall be sold to Buyers as non-activated.
    2. The Buyer shall acquire ownership of the Card (for personal use) by paying its cost.
    3. The Card shall be activated within 1 (one) day from the moment of filling in the personal data on www.aurika.kz and the successful registration of the Buyer on the specified website. To activate the Card and register on the Seller’s website, the Buyer shall provide the following data:
      • Card number
      • First name, Surname
      • Cell phone number
      • Email address (optional)
      • Activation shall be carried out after the Buyer’s registration on www.aurika.kz. Until the Card is activated, the discount on the Card shall not be provided. After successful activation, the Buyer shall receive a short message (SMS) confirming the email address of the personal account, login and password thereto. Based on the registration, the Buyer’s personal data shall be assigned to the card number in the Seller’s database
  5. The procedure for granting discounts
    1. Within this Offer, discounts shall be provided to Buyers purchasing unregulated types of petroleum products at the Seller’s retail network (regulated types of petroleum products shall be excluded).
    2. The Buyer shall acquire the title to receive discount and/or the degree of discount in the current month in the following cases: Fixed discount: discount is available upon presentation of the Card. The Card shall provide a discount on a permanent basis in the amount indicated on www.aurika.kz. A discount in the amount indicated on www.aurika.kz shall be provided after the total volume of purchases of 100 liters of each type of fuel from the beginning of the calendar month and shall be valid until its end. One-time discount: a discount in the amount indicated on www.aurika.kz shall be provided after a one-time purchase of a volume of more than 20 liters. The discount shall be provided one-time at the time of purchase, the discount does not apply to future purchases.
    3. The discount level and/or the conditions for provision of discounts set by the Seller may be changed at any time. Changes shall come into force from the moment they are published on the Seller’s website www.aurika.kz, unless another effective date is specified additionally when they are published.
    4. To prevent card abuse, a discount shall be provided only for the first 3 transactions (checks) at a filling station per day and/or for a purchase amount not exceeding 30 thousand KZT per day.
  6. Terms of Payment
    1. Payment of the Card cost in the amount of KZT 200 (two hundred) shall be made by the Buyer in the order of advance payment in one of the following ways, at the option of the Buyer: – by depositing cash at the cash desk of the sales office and/or the Seller’s filling station; – by paying to the Seller’s settlement account.
    2. All settlements under the Agreement shall be made in KZT.
  7. Rights and Obligations of the Parties
    1. The Seller shall be obliged to:
      1. Notify Buyers of all amendments regarding the text of this Offer, the amount of discounts and the conditions for their provision by posting relevant information on www.aurika.kz.
      2. Not to transfer the personal data of the Buyers to Third Parties, without their consent, for the purposes not provided for by the terms and conditions of the Offer.
    2. The Seller shall have the right to:
      1. Unilaterally set and change the amount of discounts and the conditions for their provision, as well as make amendments to the text hereof.
      2. Carry out promotions and/or raffles of valuable prizes among Buyers.
      3. Involve Third Parties (Partners) when conducting joint promotions and/or raffles.
      4. Receive payment for the cost of the Card and the Goods subject to the terms and conditions hereof.
      5. Withdraw this Offer in whole or in part, make amendments to the text hereof.
      6. Refuse to provide discounts in the following cases:
        • in case of technical malfunctions of equipment at the filling station;
        • mechanical damage to the Card;
        • presentation of the Card by the Buyer after the payment has been made
        • if a filling station employee has doubts about the Card’s authenticity.
      7. Use all the information necessary for the purposes of the execution of the Agreement, including the personal data of the Buyers, which become known to him/her during the execution of the Agreement.
    3. The Buyer shall be obliged to:
      1. In case of expressing a desire to accept the offer, correctly and reliably fill in the personal data on www.aurika.kz.
      2. If this offer is accepted, pay for the cost of the Card and the Goods in the manner and subject to the terms and conditions provided for herein.
      3. Show the Card to the filling station cashier directly during the purchase process, but before closing the fiscal receipt.
      4. Observe all the rules for using the Card.
      5. Observe the terms and conditions of the offer and not use the Card for other purposes, such as gaining profit, increasing volumes by refueling other persons’ vehicles, fraud and other manipulations.
    4. The Buyer shall have the right to:
      1. Receive full information about promotions and raffles conducted by the Seller.
      2. Submit a written application for early termination of the Agreement.
      3. Correct some data in the Questionnaire through the Personal Account on the Seller’s website at his/her own discretion.
      4. In case of loss of the Card, contact the Seller’s Call Center at the number indicated on the Card and report its loss (give the Card number) in order to block it, or block the Card himself/herself through the Personal Account on the Seller’s website. The Card shall be restored after 5 (five) business days from the date of receipt of the application by the Seller. Issuance of the Card instead of the lost one shall be made after payment of its cost in the amount established in the Offer. The Cards received under the Agreement shall be stored and used properly for their intended purpose.
  8. Responsibilities of the Parties
    1. The Seller and the Buyer shall have responsibility under the Agreement in accordance with the applicable legislation of the Republic of Kazakhstan and the terms and conditions of the Agreement.
    2. The Buyer shall be responsible for the completeness and accuracy of the information specified in the personal data. Thus, the Buyer shall have full responsibility for the provision of incorrect information, incorrect entry of the PIN-code, which entailed the impossibility of the Seller’s proper fulfillment of his/her obligations.
    3. The Buyer shall be solely responsible for the consequences that may arise as a result of the loss of the Card.
    4. The Parties shall be released from the fulfillment of their obligations hereunder if they prove that the failure to fulfill obligations was caused by force majeure, that is, extraordinary and unavoidable circumstances under the given conditions (fire, earthquake, mudflow and other natural disasters, epidemics, military actions, the manufacturing plant shutdown for repairs (accident), issuance of acts by state bodies preventing the Parties from fulfilling their obligations hereunder) etc.
    5. The Seller shall not have responsibility for a temporary delay in the issuance of Cards or the provision of discounts, in the event of technical malfunctions of the equipment and/or software failures.
    6. The Seller shall not have responsibility for the Card if it is lost by the Buyer or stolen by Third Parties, unless the Buyer has blocked the Card or blocked it out of time.
    7. The Seller shall not have responsibility for the quality of the Goods and/or services provided to the Buyer by the Partners.
  9. Dispute Resolution
    1. All disagreements and disputes that may arise out of the Agreement or in relation thereto, the Seller and the Buyer shall resolve through negotiations out of court. If such resolution of disputes and disagreements is impossible, they shall be referred to the Seller’s location for resolution in accordance with the legislation of the Republic of Kazakhstan.
  10. Offer Validity Period
    1. This Offer shall come into force from the date this text is published on the Seller’s website www.aurika.kz and be valid until the Seller shall recall it by posting an appropriate announcement on the Seller’s website or notifying the Buyer by any means of communication.
  11. Contract Duration and Amendment
    1. The Contract shall enter into force from the moment of  acceptance of the Offer and be valid until the expiration of the Card or prior to termination of the Contract by agreement of the Parties.
    2. The Buyer shall agree and acknowledge that amendments hereto shall entail these amendments into the concluded and valid Agreement between the Seller and the Buyer, and these amendments to the Agreement shall come into force simultaneously with such amendments herein.
  12. Miscellaneous
    1. The Buyer shall agree to receive updated information, information messages with the latest news, new propositions, special propositions, as well as information about news and propositions of the Seller’s partners via SMS and e-mail.
    2. The validity of the Card shall not apply to the Goods of the Seller’s convenience stores.
  13. Seller’s Details.

Aurika LLP
17 Kuishi Dina Str., Astana city
BIN 970240002559
IIC KZ216010111000004128
in Halyk Bank of Kazakhstan JSC
BIK HSBKKZKX
Tel.: +7 (7172) 400-595, 400-599
Fax: +7 (7172) 400-592