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Terms & Conditions

Effective Date: December 15, 2024 | Last Updated: December 15, 2024

These Terms & Conditions supersede all previous versions.

Terms & Conditions of Use

1. Introduction

These Terms & Conditions ("Terms") govern your access to and use of the Kossan Petroleum website, services, and any related applications (collectively, the "Services"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Kossan Petroleum ("Company," "we," "us," or "our").

Kossan Petroleum is a registered company operating in the petroleum and energy sector, providing refinery operations, petroleum trading, logistics, and related services.

Binding Agreement: By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Definitions

In these Terms, the following definitions apply:

"Agreement"

Means these Terms & Conditions together with any applicable Service Agreements, Purchase Orders, or other contractual documents.

"Services"

Means all services provided by Kossan Petroleum, including but not limited to petroleum trading, refinery operations, logistics, storage, supply chain management, and value-added services.

"User" or "You"

Means any person or entity that accesses or uses our website or Services.

"Content"

Means all text, graphics, images, music, software, audio, video, information, or other materials available through the Services.

"Intellectual Property Rights"

Means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights recognized worldwide.

"Confidential Information"

Means any non-public information disclosed by either party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

3. Website Use and Access

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Registration

Certain features of our Services may require account registration. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.3 Acceptable Use

You agree not to use the Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in fraudulent, deceptive, or illegal activities
  • Transmit viruses, malware, or other harmful code
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to our systems or networks
  • Collect or harvest any information from the Services
  • Use the Services for any commercial purpose without our express written consent

3.4 Prohibited Conduct

Specifically prohibited activities include:

  • Reverse engineering, decompiling, or disassembling any aspect of the Services
  • Using automated systems (bots, scrapers, etc.) to access the Services
  • Circumventing any security or access restrictions
  • Impersonating any person or entity
  • Engaging in any activity that could damage, disable, or impair the Services

4. Services Terms and Conditions

4.1 Service Descriptions

Kossan Petroleum provides various services in the petroleum and energy sector. Descriptions of our services on our website are for informational purposes only and do not constitute binding offers. All services are subject to separate Service Agreements.

4.2 Pricing and Payment Terms

Pricing: Prices for our services are subject to change without notice and are determined based on market conditions, quantity, specifications, and other factors. All prices are quoted in USD unless otherwise specified.

Payment terms are specified in individual Service Agreements and typically include:

  • Payment due dates and methods
  • Currency and exchange rate provisions
  • Late payment penalties and interest charges
  • Tax responsibilities and withholding requirements

4.3 Quality and Specifications

All petroleum products are supplied according to agreed specifications. Quality is verified through our Quality Assurance procedures, and Certificates of Analysis are provided for each shipment. Product specifications are subject to:

  • Industry standards and regulations
  • Technical limitations
  • Market availability
  • Force majeure events affecting production

4.4 Delivery and Title Transfer

Delivery terms are specified in individual contracts and typically follow International Commercial Terms (Incoterms). Title and risk transfer occur according to the specified delivery terms.

4.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

Force Majeure Event Examples
Natural Disasters Earthquakes, floods, hurricanes, wildfires
Political Events War, terrorism, civil unrest, government actions
Industrial Actions Strikes, lockouts, labor disputes
Technical Failures Refinery outages, pipeline disruptions, port closures
Market Conditions Extreme price volatility, supply shortages

4.6 Termination of Services

Either party may terminate a Service Agreement for material breach by the other party, subject to cure periods specified in the agreement. Termination provisions include:

  • Notice requirements
  • Cure periods for remediable breaches
  • Obligations upon termination
  • Survival of certain provisions (confidentiality, indemnification, etc.)

5. Intellectual Property Rights

5.1 Ownership

All Intellectual Property Rights in the Services, including our website, content, trademarks, and proprietary technologies, are owned by or licensed to Kossan Petroleum. Nothing in these Terms grants you any right, title, or interest in our Intellectual Property.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes.

5.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of our Intellectual Property
  • Use our trademarks, logos, or branding without express written permission
  • Remove any copyright, trademark, or other proprietary notices
  • Use our Intellectual Property for any commercial purpose

5.4 User Content

If you submit any content to us (feedback, suggestions, etc.), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and distribute such content for any purpose.

6. Confidentiality and Data Protection

6.1 Confidential Information

Each party agrees to protect the other's Confidential Information using at least the same degree of care as it uses to protect its own confidential information, but in no event less than reasonable care.

6.2 Data Protection

We handle personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

6.3 Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

7. Liability and Indemnification

7.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability

Important Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOSSAN PETROLEUM, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

Our total liability for any claims arising from these Terms shall not exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months prior to the event giving rise to liability.

7.3 Indemnification

You agree to indemnify, defend, and hold harmless Kossan Petroleum and its affiliates from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your conduct in connection with the Services

7.4 Exceptions

Nothing in these Terms limits or excludes liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be limited or excluded by law

8. Governing Law and Dispute Resolution

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law provisions.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Astana, Kazakhstan.

Notice to International Users: If you are accessing our Services from outside Kazakhstan, you are responsible for compliance with local laws to the extent they apply.

8.1 Dispute Resolution Process

Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, disputes shall be resolved as follows:

  • Step 1: Senior management discussion within 30 days
  • Step 2: Mediation with a mutually agreed mediator
  • Step 3: Arbitration or court proceedings if mediation fails

8.2 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

9. Miscellaneous Provisions

9.1 Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Kossan Petroleum regarding the Services.

9.2 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

9.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

9.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

9.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

9.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Kossan Petroleum.

9.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to the contact information provided in Section 10.

10. Contact Information

For questions about these Terms & Conditions, please contact us:

Legal Department

Kossan Petroleum

Astana, Yesil district, Syganak street, building 60/2

Kazakhstan

Email: legal@kossanpetroleum.kz

Phone: +7 778 231 7826 (Legal Department)

Business Hours: Monday-Friday, 9:00 AM - 6:00 PM (Astana Time)

Acceptance of Terms: By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms, you must immediately cease using our website and services.

For specific service agreements or commercial terms, please contact our legal department for the appropriate documentation.

Need Legal Assistance?

Contact our legal department for questions about these terms or to request specific service agreements.