Terms of use

1. Terms and Definitions

In this Agreement, the following terms are used:

1. User Agreement (Agreement) – this document, which includes the Privacy Policy and Cookie Policy posted on the Website, is a public offer by the Website Administration to enter into an adhesion contract and establishes the terms of use of the Website, the rights and obligations of Users and the Website Administration, as well as other conditions of interaction between them.

2. Website – an internet resource publicly available on the Internet at makita.kz, comprising a collection of graphic and informational materials, computer software, and databases, as well as subdomains, the mobile version, and any pages.

3. Website Administration (Administrator) – Limited Liability Partnership "Makita Kazakhstan", BIN 141040028901, legal address: Republic of Kazakhstan, Almaty, Zakarpatkskaya Street, 45, which is the owner and administrator of the Website.

4. User – any individual or legal entity accessing the Website via the Internet.

5. Offer – a proposal addressed to one or more specific persons or an indefinite circle of persons to enter into a contract, which is sufficiently definite and expresses the intention of the person making the proposal to consider themselves bound by the contract in the event of its acceptance (acceptance).

6. Acceptance – the response of the person to whom the offer is addressed regarding its acceptance.

7. Intellectual Property Objects – the results of intellectual creative activity and equivalent means of individualization of participants in civil transactions, goods, works, or services that are granted legal protection, these include the Website Content and the Trademark.

8. Website Content – texts, photographs and images, graphic elements, video materials, catalogs, instructions, design elements, software code, website structure and design, databases, and other materials posted on the Website.

9. Trademark (Brand) – a designation registered or protected without registration by virtue of international treaties in which the Republic of Kazakhstan participates, serving to distinguish the goods (services) of some legal entities or individuals from similar goods (services) of other legal entities or individuals. Within the framework of this Agreement, the Trademark (Brand) refers to the Makita trademarks, as well as related logos, corporate designations, style, and other elements of the Makita brand used on the Website on a legal basis.

10. Cookies – small pieces of data (text files) that the Website stores on the User's device and/or reads from it during subsequent visits.

11. Personal Data – information relating to a specific or identifiable subject of personal data, recorded on electronic, paper, and/or other tangible media.

2. General Provisions

2.1. This Agreement governs the relations arising from the use of the Website.

2.2. This Agreement is a public offer by the Website Administration to enter into an adhesion contract in accordance with the legislation of the Republic of Kazakhstan.

2.3. Acceptance of this offer is the commencement of use of the Website by the User.

The User accepts the terms of this Agreement only by acceding to it in its entirety without any reservations.

2.4. This Agreement defines:

conditions of access to the Website;
rules for using the information and materials of the Website;
rights and obligations of users;
limitations of the Administration's liability;
procedure for processing user inquiries;
conditions for the use of intellectual property objects.

2.5. By using the Website, the user confirms that they:

have read this Agreement;
understand its content;
accept the terms of the Agreement without reservations.

2.6. By using the Website, the User also confirms that they have read and agree with the Privacy Policy and Cookie Policy posted on the Website.

2.7. If the user does not agree with the terms of this Agreement, they must cease using the Website.

2.8. This Agreement applies to all users of the Website regardless of:

method of access;
device used;
geographic location.

3. Legal Status of the Website

3.1. The Website is an informational internet resource.

3.2. The main purpose of the Website is to provide users with information about Makita brand products, including:

technical specifications of products;
description of functional capabilities;
recommendations for use;
information about warranty service;
information about service centers and other informational materials.

3.3. The information posted on the Website is for informational purposes only.

3.4. The Website does not carry out:

sale of goods;
distance selling;
conclusion of sales contracts.

3.5. The Website is not an online platform or electronic trading platform, including an online store and/or marketplace, and is not intended for e-commerce, sale of goods, distance selling, or conclusion of sales contracts.

3.6. Information about products on the Website does not constitute an offer to conclude a sales contract or any other contract and is not a public offer within the meaning of the civil legislation of the Republic of Kazakhstan, including does not create an obligation for the Website Administration to sell goods, supply products, reserve goods, set prices, or other commercial conditions.

4. Status of Official Representative

4.1. "Makita Kazakhstan" LLP is the official representative of the Makita brand in the Republic of Kazakhstan.

4.2. Product information is formed on the basis of:

official materials from the manufacturer;
technical documentation from the manufacturer;
information from the brand rights holder.

4.3. The Website may contain links to:

official resources of the manufacturer;
information resources of partners;
service center websites.

4.4. The Website Administration is not responsible for the content of third-party resources.

5. Use of the Website

5.1. The User has the right to:

view the materials of the Website;
use the information on the Website for informational purposes;
send inquiries through the feedback form.

5.2. The User undertakes to use the Website in good faith and exclusively for lawful purposes.

5.3. The User is prohibited from:

disrupting the normal functioning of the Website;
attempting unauthorized access;
interfering with the operation of servers;
using automated information collection systems;
distributing malicious software;
testing the Website's vulnerabilities without the Administration's permission.

6. Information about Products

6.1. The Website contains information about Makita brand products.

6.2. The information may include:

technical specifications;
images;
operating recommendations;
information about equipment compatibility.

6.3. The Website Administration takes reasonable measures to ensure the accuracy of the information. However, the Administration does not guarantee:

absolute accuracy of the information;
the timeliness of the information at all times.

6.4. The manufacturer has the right to change:

technical specifications of products;
package contents;
product appearance;
product specifications.

6.5. Actual product characteristics may differ from the information posted on the Website.

6.6. Information about products posted on the Website, including but not limited to: product descriptions, technical specifications, images, application recommendations, warranty information, video materials, catalogs, instructions, and other materials, is for reference and informational purposes only.

6.7. Information about products posted on the Website does not constitute complete information about the product within the meaning of consumer protection legislation. Complete information about the product is provided in the manufacturer's documentation accompanying the product, as well as on the product packaging.

Additional provisions on the informational nature of product information

6.8. Any information about products posted on the Website, including images, technical specifications, package contents, operating recommendations, and other information, may be changed by the manufacturer without prior notice.

6.9. The actual characteristics of the products, terms of purchase, product availability, price, and other commercial conditions are determined by the sellers of the products and may differ from the information posted on the Website.

6.10. To obtain up-to-date information on product availability, terms of purchase, product costs, and other commercial conditions, users are advised to contact the official representatives of the Makita brand in the Republic of Kazakhstan listed in the "Contacts" section.

6.11. The Website Administration takes reasonable measures to ensure the timeliness and accuracy of the information, but does not guarantee the absence of inaccuracies, technical errors, or outdated information.

7. Advertising Information

7.1. The Website may contain informational and advertising materials.

7.2. The placement of advertising information is carried out in accordance with the legislation of the Republic of Kazakhstan on advertising.

7.3. Advertising materials may include:

product images;
descriptions of product advantages;
informational materials of a marketing nature.

8. Intellectual Property

8.1. The Website Content and the Makita Trademark (Brand) are objects of intellectual property and are protected by the legislation of the Republic of Kazakhstan and international treaties in the field of intellectual property protection.

8.2. The Website Content belongs to the Website Administration and Makita Corporation (Japan).

8.3. The rights holder of the Makita Trademark is Makita Corporation (Japan). The Website Administration uses the Makita trademark and other intellectual property objects of the brand on a legal basis and acts as an authorized representative of the rights holder in the territory of the Republic of Kazakhstan.

8.4. Any use of the aforementioned intellectual property objects posted on the Website, including copying, reproduction, distribution, publication, processing, making available to the public, or other use without the prior permission of the rights holder is not permitted, except in cases expressly provided for by the legislation of the Republic of Kazakhstan.

8.5. Illegal use of a trademark, service mark, appellation of origin of goods, or other intellectual property objects entails liability established by the legislation of the Republic of Kazakhstan.

9. User Inquiries

9.1. The User may send inquiries through the feedback form.

9.2. The User has the right to attach files to their inquiry.

9.3. The User guarantees that the transmitted materials:

- do not violate the law;

- do not contain malicious programs;

- do not violate the rights of third parties.

9.4. The Website Administration has the right to reject inquiries containing unlawful content.

10. Personal Data

10.1. When using the feedback form, the user provides personal data.

10.2. By providing personal data, the User expresses their consent to their collection and further processing and confirms that the personal data they provide is accurate and is provided voluntarily.

10.3. The processing of personal data is carried out in accordance with the Privacy Policy posted on the Website, for the purposes of ensuring the functioning of the Website, processing user inquiries, providing information about products and service, as well as for other purposes provided for in the Privacy Policy.

11. Cookies

11.1. The Website may use cookies and other similar technologies.

11.2. Cookies are used for:

ensuring the functioning of the Website;
analyzing traffic;
improving the user experience.

11.3. The procedure for using cookies is governed by the Cookie Policy posted on the Website.

12. Website Languages

12.1. The Website may operate in the state, Russian, and English languages.

12.2. In case of discrepancies between the language versions, the version determined by the Website Administration may prevail.

13. Limitation of Liability

13.1. The Website is provided on an "as is" basis.

13.2. The Website Administration does not guarantee:

uninterrupted operation of the Website;
the absence of technical errors;
absolute accuracy of the information.

13.3. The Website Administration is not liable for:

temporary unavailability of the Website;
technical failures;
actions of third parties;
consequences of using the information on the Website.

13.4. The User independently assesses the applicability of the information.

14. Website Security

14.1. The Website Administration takes reasonable measures to ensure the security of the Website.

14.2. Users are prohibited from:

conducting vulnerability testing;
attempting to hack;
interfering with the operation of security systems.

15. Amendment of the Agreement

15.1. This Agreement comes into force from the moment it is published on the Website.

15.2. The Website Administration has the right, at its sole discretion, at any time to change, edit, add, supplement, exclude, or delete any provisions (in whole or in part) in this Agreement.

15.3. The current version of the Agreement is permanently available on the Website on the Internet at https://makita.kz/.

15.4. The User assumes the risks and the obligation to independently monitor on the Website the posting by the Website Administration of the list of changes and/or additions to the terms of this Agreement, the Privacy Policy and the Cookie Policy, or their new version.

15.5. Continued use of the Website after the publication of the new version constitutes the User's acceptance of the changes.

16. Dispute Resolution

16.1. Before filing a lawsuit regarding disputes arising from the relationship between the User and the Website Administration, it is mandatory to submit a claim (a written proposal for voluntary dispute resolution).

16.2. The recipient of the claim shall, within 20 calendar days from the date of receipt of the claim, notify the claimant in writing of the results of the consideration of the claim.

16.3. If an agreement is not reached, the dispute will be submitted for consideration to a court in accordance with the current legislation of the Republic of Kazakhstan.

16.4. The current legislation of the Republic of Kazakhstan applies to this Agreement and the relations between the User and the Website Administration.

17. Contacts

17.1. For questions related to this Agreement, including for filing a claim, the User can contact: Republic of Kazakhstan, Almaty, Zakarpatkskaya Street, 45.