Public Offer

This public offer is addressed to an indefinite circle of legally capable physical and (or) legal entities (hereinafter referred to as the Customer) and is an official offer of Arilan Limited Liability Partnership (hereinafter referred to as the Contractor), represented by General Director Tulchinsky 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 on the terms specified in the offer.

The Contractor has the right to change the terms of the Agreement or revoke it at any time at its own discretion. In case the Contractor changes the terms of the Agreement, the changes come into force from the moment the amended terms of the offer are posted on the Website https://www.arilan.kz/publicoffer and in the Arilan Energy Application, unless a different period is specified by the Contractor during such posting.

The moment of full and unconditional acceptance of the Contractor's proposal 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 CC of the Republic of Kazakhstan), is considered to be the fulfillment by the Customer of the conditions specified in section 2 of this Offer.

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

1. Subject and General Provisions

1.1. The subject of this agreement is the provision by the Contractor to the Customer of a service for charging with electrical energy the batteries of a vehicle equipped with an electric motor (hereinafter referred to as an electric vehicle).

1.2. In case of acceptance of the terms set forth in this agreement (acceptance), any individual possessing full legal capacity, as well as any authorized representative of a legal entity possessing the right to conclude an agreement, having made the acceptance of the Offer, becomes a Customer, and the Service Provision Agreement is considered concluded on the terms of this Agreement.

1.3. Acceptance is considered complete from the moment of committing the actions specified in clauses 2.1.1- 2.1.2 and indicates that the Customer understands the meaning of their actions, all the terms of the Agreement are clear to them. The Customer, making the acceptance of this Offer, accepts this Offer in its entirety and without reservations.

2. Acceptance of the Offer

2.1. In accordance with the terms of this Offer, the following actions performed by the Customer are considered Acceptance:

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

2.1.2. Connecting the electric vehicle to an ECS available in the Arilan Energy application and selected by the Customer, by connecting the cable to the connector in accordance with the instructions posted 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 the ECS available in the Arilan Energy mobile application.

3.2. To receive the service, the Customer must:

• install the Arilan Energy mobile application;
• register in the Arilan Energy mobile Application;
• select an ECS available in the Arilan Energy mobile application;
• follow the instructions of the Arilan Energy mobile application to receive the charging service at the corresponding ECS.

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

• failure by the Customer to comply with the terms of this Offer;
• viruses during the operation of the Arilan Energy application;
• interruption of communication channels and failure of server infrastructure at the level of backbone communication channels, data exchange centers, computing centers, as well as communication lines of regional and local significance;
• at the moment of receiving the service at the ECS, the software or hardware of the ECS itself is inoperable;
• failures and difficulties in the operation of the global Internet or its individual segments, disruptions in the operation of addressing systems (DNS), etc.;
• unauthorized actions of third parties aimed at causing any kind of damage to any of the Parties, carried out using electronic software and/or hardware or their combinations, including intentional actions to disrupt or overload communication channels, the operability of server infrastructure, unauthorized access to control software complexes and access to confidential information (hacks, DDOS attacks, distribution of malicious software code, disabling software and hardware, etc.);

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

3.5. The receipt is formed based on the readings of the ECS where the charging services were provided. The receipt for the completed operation indicates the date and time of receiving the service, the volume of the service provided, and the cost of the service provided.

The Customer understands and agrees that after the end of the charging session at the ECS, due to the technical features of the ECS, the latch of the charging cable (or the locking cover on the ECS) is unlocked, and any third party can remove the electric cable from the electric vehicle. The Customer must understand the approximate end time of charging in order to personally disconnect the cable from the car and/or ECS. The Contractor is not responsible for possible adverse consequences resulting from the Customer's failure to comply with the provision of this clause.

4. Terms of Purchasing the Service and Payment Procedure

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

4.2. Payments for the service are made at the price established in the manner specified in the ARILAN ENERGY mobile application. The Customer agrees that before the acceptance of this Offer, the Customer is familiar with the specified prices and agrees to them.

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

4.3. The Contractor provides ECS services to the Customer only if the Customer has an amount sufficient to perform the charging on the balance in the ARILAN ENERGY application account.

4.5. The Customer gives unconditional consent to the write-off of funds for the received service and the implementation of other payments under this Agreement from the ARILAN ENERGY account on an uncontested basis.

4.6. The Customer tops up the balance in the ARILAN ENERGY application account 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 on the principles of maintaining the confidentiality and security of the payment, encryption, and data transmission over closed communication channels. The input and processing of the Customer's bank card data are carried out on the secure payment page of the partner bank providing the payment service.

4.7. Payment by bank card goes through the ForteBank acquiring platform. The ARILAN ENERGY application is connected to ForteBank JSC Internet acquiring. 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 with the ForteBank JSC payment page will open, where the Customer must enter their bank card details. The 3-D Secure protocol is used for additional authentication of the cardholder. If the Customer's issuing Bank supports this technology, the Customer is redirected to its server to undergo additional identification.

The online payment service is carried out in accordance with the rules of the International payment systems Visa and MasterCard on the principles of maintaining the confidentiality and security of the payment; for this purpose, the most relevant methods of checking, encrypting, and transmitting data via closed communication channels are used. The input of bank card data is carried out in a secure window on the ForteBank JSC payment page.

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

In the same window, the page of the Customer's issuing bank opens to enter the 3-D Secure code. If the Customer does not have a static 3-D Secure configured, 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 maximally reduces the risk of fraudulent card transactions.

5. Responsibilities of the Parties

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

5.2. If the Customer's actions when receiving the service entailed the imposition of penalties on the Contractor or led to the occurrence of losses to the Contractor, then they are subject to reimbursement by the Customer in accordance with the current legislation of the Republic of Kazakhstan.

5.3. It is recognized, unless proven otherwise by the Customer, that the ignition of the car and/or causing damage to the battery and/or any electronic or physical component of the car and/or its software when receiving the service and any resulting damage and/or harm to the life and health of any person, are caused by a factory defect of the car.

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

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

6. Final Provisions

6.1. The Agreement enters into force from the moment the Customer makes the acceptance of its terms and until the full fulfillment by the Parties of their obligations under the Agreement.

6.2. The Customer, concluding the Electric Vehicle Charging Service Provision Agreement, in accordance with the Law "On Personal Data and their Protection", gives consent to the processing, storage, and other use of personal data contained in documents and other information transmitted to the Contractor in order to ensure the execution of the concluded agreement.

6.3. The Contractor has the right at any time to make changes to the text of this Offer, post a new Offer, suspend the operation of the Offer, revoke the Offer. The changes become valid after their placement on the Website and in the ARILAN ENERGY mobile application. The Customer undertakes to independently track the introduction of changes/additions to the Offer.

6.4. The commission by the Customer of actions to receive the charging service after any changes/additions to this Offer are made 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) order. If an agreement is not reached, disputes are submitted for consideration to the court in accordance with the current legislation of the Republic of Kazakhstan.

6.6. In case of variant reading the Russian version of Offer's text is determinant.

6.7. Details of the Contractor: