1Acceptance and website operator

These Terms of Use (“Terms”) govern access to thekompetenz.com and related pages, forms, portals and digital content (the “Website”). By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website.

The Website is operated by LLP “Insurance Broker “Kompetenz”, BIN 220940002589, operating under insurance brokerage Licence No. 2.3.3 dated 08 April 2024. “Kompetenz”, “Company”, “we” or “us” means this operator or another Kompetenz entity expressly identified for a particular service. Separate Service Offer Agreement and engagement documents govern professional services.

2Eligibility and authority

You must have legal capacity to accept these Terms and be at least 18 years old, or the minimum age of contractual capacity in your jurisdiction. If you use the Website for an organisation, you represent that you are authorised to act for it and that the organisation accepts these Terms.

The Website is not directed to sanctioned persons, prohibited territories or persons whose use would cause us or our partners to violate law.

3Information—not professional advice

Website content is general, may be simplified and may not reflect your circumstances, current market conditions or the law in your jurisdiction. It does not constitute legal, tax, accounting, investment, medical, actuarial, engineering or other regulated advice.

You should obtain appropriate professional advice before acting. Any estimates, examples, trend data, forecasts, risk scores or visualisations are illustrative unless expressly stated otherwise. We do not promise that content is complete, current or suitable for a particular decision.

4No insurance offer, coverage or guarantee

Nothing on the Website is an offer to insure, a guarantee of placement, a promise of claims payment or confirmation of Market capacity. Indicative quotations and discussions may change following underwriting, due diligence, sanctions screening and document review.

Kompetenz is not responsible for an insurer’s or reinsurer’s solvency, underwriting decision, contract interpretation or claims determination. Claims support does not make us a loss adjuster, insurer or legal representative unless separately agreed.

5Acceptable use

You may use the Website only for lawful, legitimate business or personal information purposes. You must not:

• violate law, sanctions, export controls, intellectual-property rights, privacy or confidentiality;
• submit false, misleading, fraudulent, defamatory, discriminatory or unlawful content;
• impersonate another person or misrepresent authority, identity, affiliation or insurance status;
• probe, scan, bypass or interfere with security, access controls, rate limits or technical measures;
• introduce malware, harmful code, automated attacks or excessive traffic;
• scrape, crawl, harvest, mirror or extract data except through ordinary search-engine indexing or with written permission;
• reverse engineer, copy, resell, frame or commercially exploit the Website or its content;
• use content to train an artificial-intelligence system, build a competing database or make automated decisions about individuals without written permission; or
• use contact channels for spam, unsolicited promotion, harassment or unlawful data transmission.

We may investigate suspected misuse and cooperate with service providers or authorities where lawful.

6Accounts, credentials and communications security

If account functionality is offered, you must provide accurate information, keep credentials confidential and notify us promptly of suspected compromise. You are responsible for activity under your account to the extent permitted by law.

Email and online forms may be intercepted, delayed or altered. Do not send passwords, full payment-card data, unnecessary identity documents or sensitive claim records through an unsecured channel. We may request verification before acting on an instruction and may reject instructions that appear suspicious.

7User submissions and instructions

You retain ownership of content you submit. You grant Kompetenz and its service providers a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, analyse and use that content as reasonably necessary to respond, provide requested services, secure systems, comply with law and defend legal rights.

You represent that submissions are accurate, lawful, non-infringing and shared with proper authority. If they contain another person’s data, you are responsible for an appropriate legal basis and required notice. We may remove, quarantine or decline content that creates legal, security or operational risk.

Feedback and non-confidential suggestions may be used without restriction or compensation. Do not submit confidential information until appropriate engagement and confidentiality arrangements are in place.

8Intellectual property

The Website, trade names, logos, designs, text, graphics, reports, code, databases, methodologies and other content are owned by or licensed to Kompetenz and protected by intellectual-property laws. All rights not expressly granted are reserved.

We grant you a limited, revocable, non-exclusive, non-transferable licence to view and print reasonable extracts for internal, non-commercial use. Copyright and proprietary notices must remain intact. No licence to trademarks, software, datasets or source code is granted.

9Third-party content, links and integrations

The Website may include links, embedded maps, publications, market data or services supplied by third parties. They are provided for convenience and may have separate terms. Kompetenz does not control or endorse independent third parties and is not responsible for their availability, security, accuracy, products or privacy practices.

Any transaction with a third party is solely between you and that party unless a signed document states otherwise.

10Privacy and cookies

Our Privacy Policy explains how we handle personal data and cookies. By providing data, you confirm that it may be processed for the purposes described there and that you have authority to provide it. Where consent is required, we will request it separately.

11Website availability, corrections and changes

We may modify, suspend, restrict or discontinue any part of the Website without notice. We do not guarantee uninterrupted, secure, error-free or virus-free operation. Maintenance, cyber events, third-party failures, legal restrictions and force majeure may affect availability.

We may correct errors and update content at any time. Information should be treated as current only on the date shown. You are responsible for keeping your own copies of submissions and documents.

12Disclaimers

To the maximum extent permitted by law, the Website and content are provided “as is” and “as available”. Kompetenz disclaims express and implied warranties, including accuracy, completeness, non-infringement, merchantability, fitness for a particular purpose, security and availability.

We do not warrant that Website use will result in insurance placement, favourable pricing, claims recovery, regulatory compliance, loss prevention or any commercial outcome. Mandatory warranties that cannot be excluded remain unaffected.

13Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising from the Website or these Terms will not exceed the greater of USD 100 and the amount you paid specifically for Website access during the preceding 12 months. This Website cap does not replace a different cap in a signed service agreement.

Nothing excludes liability that cannot lawfully be excluded, including fraud or wilful misconduct and mandatory consumer liability. You are responsible for reasonable steps to mitigate loss.

14Indemnity

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Kompetenz, its affiliates and personnel from third-party claims, losses, penalties, costs and reasonable legal fees arising from your unlawful use, breach of these Terms, submissions, infringement, misuse of another person’s data or unauthorised reliance on Website content.

This obligation is reduced to the extent a final court decision attributes the relevant loss directly to Kompetenz’s fraud or wilful misconduct.

15Suspension, termination and preservation

We may block, suspend or terminate access immediately where we reasonably believe there is misuse, security risk, legal exposure, sanctions concern, infringement or breach. We may preserve and disclose relevant records where required by law or reasonably necessary to investigate, protect rights or defend claims.

Provisions concerning intellectual property, submissions, disclaimers, liability, indemnity, law and disputes survive termination.

16Governing law and disputes

Unless mandatory law requires otherwise, these Terms and non-contractual obligations are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-laws rules. Courts located in Almaty have exclusive jurisdiction.

Before filing a claim, you must send a written notice describing the issue and allow 30 days for good-faith resolution, except where urgent interim relief is necessary. Any claim must be commenced within one year after it arose unless a longer mandatory period applies.

17Changes and general terms

We may revise these Terms prospectively by posting an updated version. Continued use after the effective date constitutes acceptance where permitted by law. Material changes do not retroactively alter a signed engagement document.

If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder continues. Failure to enforce a term is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. No third party has enforcement rights unless expressly stated.

These Terms, the Privacy Policy and any applicable service terms are the entire agreement about Website use. English controls to the extent permitted by law.