You are connected to a wireless Internet access network. Striving to deliver a wide range of high-quality services to its customers, we offer you Wi-Fi technology-based Internet access and various Internet-based applications. During delivery of these services we reserve the right to draw on resources of specialized organizations.
In accordance with article 395 of the Civil Code of the Republic of Kazakhstan from 27 December 1994 № 269-XII, the present provisions of granting access to Internet and various Internet-based applications (hereinafter – Provisions) are an offer made to users of wireless data transmission networks, and become a Service Agreement between User and Contractor once they are accepted by the User.
In accordance with article 396 of the Civil Code of the Republic of Kazakhstan № 269-XII, User’s submission of personal data constitutes User’s agreement (acceptance) with the provisions of the present Agreement.
Service delivery is realized under the current legislation of the Republic of Kazakhstan: Law of the Republic of Kazakhstan “On Communication” № 567-II from July 5, 2004, decree of the Government of the Republic of Kazakhstan “Regarding approval of Rules governing delivery of communication services” № 1718 from December 30, 2011, decree of the Government of the Republic of Kazakhstan “Rules of delivery of Internet access services” № 1718 from December 30, 2011, Law of the Republic of Kazakhstan “On Information system development” № 217-III from July 5, 2004, the present Provisions of using Services imposing restrictions on users with regard to realization of actions which may restrict or infringe on freedoms and rights of other users of Internet.
For the purposes of these Provisions the following basic terms and definitions are used:
Contractor – Mishka Wi-Fi;
User – physical or legal person receiving non-gratuitous or free of charge Internet access services delivered by an Internet access provider or Internet public access point;
User – premise device – user (end point) equipment in legal possession of the User which grants the User access to Contractor’s services by means of connection of the end point equipment to wireless data transmission networks;
Wi-Fi – a format of digital data transmission by radio bands ensuring wireless connection of User’s equipment to telematic communications services access network;
WDTN – a wireless data transmission network deployed by Contractor;
Wi-Fi network – Wi-Fi technology-based Internet access network (hereinafter – “Network”);
Wi-Fi adapter – a device providing User’s equipment’s connectivity with Wi-Fi network;
Service – service of granting free of charge wireless Wi-Fi technology-based Internet access;
Personal information – any information directly or indirectly related to a determinate or identifiable physical person (User);
Technical possibility of granting access to data transmission network – simultaneous availability of spare installed capacity of hub site with operating range covering user (end point) equipment requesting connection to data transmission network, and spare connection lines allowing establishment of a dedicated subscriber line between the hub site and the user (end point) equipment;
Internet access service – data reception, transmission, processing and storage service with use of Internet;
Internet public access point – a location for delivering free of charge or non-gratuitous Internet access services to users (including wireless Internet access), with or without delivery of public catering services.
1. User uses the Service delivered by Contractor non-gratuitously or free of charge under provisions of the present Agreement.
2. Prior to using the Service, User is required to read the present Agreement.
3. Acceptance of provisions of the present Agreement is required for all persons desiring to use the Service.
4. If you want to connect several devices, you must pass authorization checks for each device separately.
5. Under provisions of the present Agreement, the Service includes granting Internet access through WDTN to the User.
6. To receive the Service, User must have equipment with a Wi-Fi adapter.
7. To establish connection with Internet, User must:
a. Establish connection between his equipment and the access point;
b. Launch Internet browser, pre-installed on the User’s equipment;
c. Choose a connection method at the authorization page: authorization by a social network profile or by mobile phone number;
d. Carry out Contractor’s identification or authorization operations pursuant to provisions of the current legislation of the Republic of Kazakhstan.
1. Use Contractor’s WDTN to gain access to Internet and data transmission by means of methods allowed by current standards and technical norms in accordance with provisions of the current legislation of the Republic of Kazakhstan and provisions of the present Agreement.
2. Receive from Contractor information about contents of Services and particularities of the delivery thereof.
1. Restrict access of other Users or prevent other Users from using the Services.
2. Use the Service for commercial purposes by reselling it.
3. Send advertisement, information and other materials without consent (or without prior request) of the recipients; send such materials to unsuitable electronic bulletins and conferences.
4. Indiscriminately send (spam) advertisement, information and other materials to other Internet users, except in cases where recipients agree to receive such materials at their personal electronic mail address or through electronic bulletins and open conferences originally inappropriate for such purposes. Indiscriminate sending (spamming) shall be understood to mean simultaneous sending of messages to two or more addresses without prior consent of their owners. This restriction is not in any way applicable to digital subscription systems.
5. Without proper authorization (endorsement) gain access to any technological and equipment components, programs, data bases and other constituent elements of Contractor’s network, including actions and attempts giving rise to criminal liability under provisions of the legislation of the Republic of Kazakhstan, such as article 6 of the Penal Code of the Republic of Kazakhstan “Crimes against property”, article 177 of the Penal Code of the Republic of Kazakhstan “Fraud”, article 7-1 of the Penal Code of the Republic of Kazakhstan “Crimes against information technology security”, article 227-2 of the Penal Code of the Republic of Kazakhstan “Illegal access to information, information system or information-communication system”, article 227-4 of the Penal Code of the Republic of Kazakhstan “Deliberate disruption of information system or information – communication network”, article 227-7 of the Penal Code of the Republic of Kazakhstan “Creation, use or circulation of harmful computer programs and software products” under provisions of the Penal Code of the Republic of Kazakhstan № 226-V from July 3, 2014.
6. Send or make available to the Internet any information whose circulation runs counter to provisions of Kazakhstan and international law.
7. Transmit any information or software containing viruses or other harmful components.
8. Send, transmit, reproduce, submit or use information, software or other materials, received, in their entirety or in part, by means of the Services, in any form for commercial purposes (unless expressly allowed by the provider of such information, software or other product).
9. Send, transmit, reproduce or circulate in any way software or other materials received by means of the Services, protected by copyright or other rights in their entirety or in part, without consent of their owner or legal right holder; send, transmit or circulate in any way any component of the delivered Service or works based thereon, the Service itself being an object of copyright and other civil law rights.
10. Violate rules of usage of any Internet resources established by Contractor and/or proprietors of such resources.
11. Use software for automatic User authorization for the purposes of using the Service, with the exception of the case of software delivered or approved by Contractor.
12. Use fake User’s IP-address and MAC-address, addresses used in other network protocols, as well as other technical information used for data transmission
13. Carry out actions aimed at changing Contractor’s equipment or software settings or any other actions which may lead to malfunctions.
14. Make attempts to gain unauthorized access to network resources, organize or participate in network attacks and network hacking, with the exception of the case when a network resource is attacked with explicit consent of the owner or administrator of the resource.
1. Contractor reserves the right to send indiscriminate (spam) messages to Users related to implementation of the present Provisions. Indiscriminate sending (spamming) shall be understood to mean simultaneous sending of messages to two or more addresses without proper authorization of the initiator.
2. Contractor may identify Users according to the procedure established by Contractor, including identification by subscriber number assigned to the User by communications service provider in accordance with agreement on delivery of mobile wireless communication services, and process and store Users’ identification data and Users’ end point Equipment’s data for the purposes of service delivery with the consent of the addresses’ owners (this restriction is not in any way applicable to digital subscription systems).
3. Contractor does not collect Users’ personal data (information allowing unambiguous identification of a physical person).
1. Lost opportunity or any other indirect losses caused by delivery of Services;
2. Information, services, software received by the User from the Internet at his own discretion.
3. Direct or indirect financial or other losses of Users caused by temporary System shutdown due to one of the following reasons: scheduled or unscheduled maintenance works, technical malfunctions of internet providers, computer networks, servers and equipment, as well as illegal actions of third parties, deliberate or unintentional (including reckless) actions of User and/or force majeure circumstances. Contractor assumes the obligation to make every reasonable effort to restore System’s operation capacity within the shortest possible period of time.
4. User’s losses caused by software received by User by means of Services;
5. User’s direct or indirect losses caused by using Services or unavailability thereof;
6. Quality of the delivered Service in the case where User makes use of non-certificated user-premise equipment or incorrect settings of software/hardware related to access to the Services;
7. Correct functioning and availability of Internet nodes and networks.
1. Possibility of information exchange with nodes or servers temporarily unavailable through Internet;
2. Uninterrupted access to the Service;
3. Establishment of Internet connection at maximal possible speed.
1. Confidentiality policy relates to “personal information” which Contractor collects from the service users necessary for delivery of service under provisions of the agreement.
2. For the purpose of delivering Service to users or visitors, Contractor collects personal information submitted as a part of a voluntary registration system. Contractor also has the right to collect other personal information to ensure proper functioning of the system, for administrative purposes and security purposes.
3. Contractor automatically collects and/or tracks:
a. Mobile phones numbers, e-mail addresses, customers’ computer/equipment type, service user’s IP-address and Web browser.
b. E-mail addresses of visitors communicating with Contractor by e-mail.
4. Contractor may gain access and/or disclose personal information of users if he deems it necessary for:
a. Execution of requests of courts, law enforcement or government agencies, summons/subpoena requests, orders and /or other forms of court procedures.
b. Protection of rights or property of Contractor (including execution of the agreements), Contractor’s employees, hotels, restaurants, commercial and entertainment centers in which the user gains access to the Services.
c. Protection of personal security of Contractor’s employees.
5. Contractor shall not deliberately view or disclose any private messages, including e-mail or other electronic means of communication (except where provided by the law). Contractor shall not be liable to monitor information circulated or received by means of Services. However, User accepts the condition that Contractor has the right to occasionally monitor information passing through Services and disclose any information if required by the law or authorized government agencies and bodies, or if necessary to ensure proper functioning of Service, or to protect Contractor and other users, as well as third parties whose lawful rights or interests may have been infringed.
6. Accepting the provisions of the present Agreement, User gives consent to receive advertisement (advertisement information) in any form and type as part of using Services, including demonstration of advertisement, information and other materials or messages on the user device.
7. Contractor may also use personal information to occasionally notify users about new products or services and send messages with regard to updates, new products, services and upcoming events.
8. Measures for protection of electronic information resources and information systems:
a. Legal measures for protection of electronic information resources include agreements between proprietors or owners of electronic information resources and information users determining conditions of access to specific electronic information resources and responsibility for violation of rules of access and use of electronic information resources.
b. Organizational measures of protection of electronic information resources include special security arrangements for access to the territory (premises) where information (or physical carriers thereof) may be accessed, and discriminating information access based on public accessibility and information’s properties.
c. Technical (software and hardware) measures of protection of electronic information resources include physical protection of information systems, employment of information protection devices, including cryptographic devices, as well as access control systems and information access logs.
d. Realization of technical (software and hardware) measures of protection of electronic information resources shall not harm or constitute a threat to life, health and properties of citizens.
9. In accordance with provisions of the current legislation, by accepting the present Agreement User expresses prior consent to receive advertisement (advertisement information) in any form and type as part of using Services, including demonstration of advertisement, information and other materials or messages on the user-premise device.
1. The duration of the present Provisions shall be perpetual.
2. Contractor may unilaterally introduce any amendments to the present Provisions, under condition of timely notification of User about such modifications.
3. Service may have limitations with regard to speed of Internet connection, duration of access session, terms of Internet access section and transferred data amount.
4. User’s agreement with the provisions of the present Agreement is manifested through User’s realization of actions provided for by the present Provisions, namely – connection to WDTN which amounts to unconditional acceptance of the present Agreement without any exceptions or restrictions.
5. User, who has carried out actions provided for in item 9, is considered to have read and expressed agreement with the present Agreement during the whole period of the Provisions’ validity until their eventual modification.
6. User agrees that during the process of processing of personal data Contractor has the right to realize following actions with regard to personal data: collection, systematization, accumulation, storage, usage, destruction and other actions required for the purposes of implementation of the Agreement and delivery of the Site’s services.
7. In the case of disagreement with the present Agreement, User shall immediately renounce to use the Service.