Өрлеу

USER AGREEMENT — ONLINE COURSES

This User Agreement (the “Agreement”) sets out the rules governing the use of the information systems (the “IS”) of JSC “National Center for Professional Development ‘Orleu’”, BIN 120740006206 (the “Company”), and constitutes an agreement between the Company and the person using the IS (the “User”) when registering, obtaining access to paid online courses, completing training and final testing, and receiving learning results.

1. General Provisions

1.1. Use of the IS constitutes the User’s acceptance of this Agreement.

1.2. The User must read this Agreement before beginning to use the IS.

1.3. The Company may amend or supplement this Agreement. A new version takes effect when it is posted in the IS.

2. User Registration and Verification

2.1. To register and be verified in the IS, the User must provide accurate and up-to-date information, including:

  1. surname, first name and patronymic (if any);
  2. Individual Identification Number (IIN);
  3. email address;
  4. telephone number.

2.2. The User is responsible for the accuracy of the information provided and must promptly notify the Company of any changes.

2.3. The Company may verify the accuracy of the information provided by the User.

2.4. The User must personally complete the training and testing. The User may not transfer their account or provide third parties with access to it.

3. Course Completion and Final Testing

3.1. The User is granted access to a paid online course after satisfying the applicable registration and payment requirements.

3.2. To obtain a certificate, the User must complete the final test provided for in the course curriculum. The final test is administered using a proctoring system.

3.3. When taking the final test, the User must complete the identification procedure required by the proctoring system and provide access to the necessary technical monitoring tools, including the camera, microphone, device screen and any other tools required by the proctoring system.

3.4. The User is initially granted two attempts to complete the final test for each paid course.

3.5. The final test is deemed successfully completed if at least 50 percent of the answers are correct.

3.6. If fewer than 50 percent of the answers are correct on the second attempt, the User is granted a third attempt no earlier than 24 hours after completion of the second unsuccessful attempt.

3.7. If the User fails the final test on the third attempt, no certificate is issued.

3.8. If the User successfully completes the course and passes the final test, the Company sends the certificate to the email address specified by the User during registration within three business days after completion of the course.

3.9. The Company may retain the User’s test results, including the results of each attempt, the number and percentage of correct answers, the date and time of testing, as well as information and materials obtained during proctoring, including video recordings, audio recordings, images, screen recordings, screenshots and technical data necessary to confirm compliance with the testing procedure.

3.10. The Company may invalidate a test result if it establishes that:

  1. another person took the test in place of the User;
  2. the User transferred their account to a third party;
  3. prohibited materials or tools, or any other unauthorized assistance, were used during testing;
  4. the User interfered with the operation of the IS or took actions intended to alter or distort the test result;
  5. inaccurate data were provided that affected the identification of the User or the reliability of the test result;
  6. the requirements of the proctoring system were violated, including by disabling or blocking the camera, microphone, screen recording or any other monitoring tools required by the proctoring system;
  7. third parties were present or participated while the test was being taken;
  8. unauthorized software, devices, materials or other methods of circumventing the proctoring system were used.

3.11. If a test result is invalidated because the User violated this Agreement, including the requirements of the proctoring system, the corresponding attempt is deemed used.

3.12. If a technical failure of the IS or the proctoring system affects the test result and is not attributable to the User, the Company may declare the corresponding attempt invalid and allow the User to retake the test.

4. User Rights and Obligations

4.1. The User has the right to:

  1. use the IS in accordance with this Agreement;
  2. receive information about the results of completed tests;
  3. appeal a test result in accordance with the procedure established by this Agreement.

4.2. The User must:

  1. comply with this Agreement;
  2. provide accurate information;
  3. use only their own account;
  4. not provide third parties with access to their account, courses or tests;
  5. not copy or distribute test questions or course materials without the Company’s permission;
  6. not take any action that disrupts the operation of the IS;
  7. comply with the requirements of the proctoring system when taking the final test;
  8. take the final test personally, without the presence or assistance of third parties;
  9. not disable, block or interfere with the camera, microphone, screen recording or any other monitoring tools required by the proctoring system.

5. Company Rights

5.1. The Company has the right to:

  1. verify the accuracy of the User’s information;
  2. restrict or suspend the User’s access to the IS if this Agreement is violated;
  3. invalidate test results in the cases provided for in this Agreement;
  4. retain information about the User’s completion of training and their test results;
  5. proctor the final test, including identifying the User and recording the testing process and compliance with the applicable requirements;
  6. use proctoring results to verify the User’s compliance with the testing conditions and to decide whether to invalidate a test result in the cases provided for in this Agreement.

6. Appeals of Test Results

6.1. A User who disagrees with a final test result may submit an appeal within three business days after the result is posted in the IS.

6.2. Appeals must be sent to the Company at kuzhat@orleu-edu.kz.

6.3. An appeal must state the User’s surname, first name and patronymic (if any), IIN, course title, test date and the grounds for disagreeing with the result.

6.4. After reviewing an appeal, the Company decides whether to uphold, amend or invalidate the test result.

6.5. If a technical error in the IS or other circumstances beyond the User’s control are found to have affected the objectivity of the test result, the Company may grant an additional test attempt.

7. Personal Data

7.1. The User consents to the collection and processing of personal data by the Company in accordance with the procedure established by the laws of the Republic of Kazakhstan.

7.2. Personal data are collected and processed for the following purposes:

  1. registering and verifying the User;
  2. identifying the User;
  3. providing access to online courses;
  4. recording completion of training;
  5. administering tests and recording their results;
  6. issuing and verifying education documents;
  7. reviewing the User’s inquiries and appeals;
  8. proctoring and identifying the User during the final test.

7.3. The Company processes the following personal data of the User: surname, first name, patronymic (if any), IIN, email address, telephone number, information about completion of training and test results, as well as information and materials obtained during proctoring, including images, audio recordings, video recordings, screen recordings, screenshots and technical data.

7.4. The Company retains the personal data necessary to achieve the purposes of processing in accordance with the requirements established by the laws of the Republic of Kazakhstan.

7.5. The procedure for collecting, processing and protecting personal data is governed by the laws of the Republic of Kazakhstan and this Agreement.

8. Liability of the Parties

8.1. The User is responsible for the accuracy of the information provided and for compliance with this Agreement, the testing procedure and the requirements of the proctoring system.

8.2. The User must compensate the Company for documented damage caused by a violation of this Agreement in accordance with the procedure established by the laws of the Republic of Kazakhstan.

8.3. The Company is not liable for any failure or improper performance of its obligations caused by circumstances beyond its control, including failures of communication networks or the User’s equipment, actions of telecommunications operators or other third parties, and force majeure events.

8.4. A violation by the User of the proctoring requirements, including the use of unauthorized assistance, participation by a third party, provision of account access to a third party, interference with proctoring tools or an attempt to circumvent the proctoring system, results in invalidation of the test result, and the corresponding attempt is deemed used.

9. Final Provisions

9.1. Matters not regulated by this Agreement are governed by the laws of the Republic of Kazakhstan.

9.2. All inquiries, questions and suggestions relating to the use of the IS must be sent to the Company at kuzhat@orleu-edu.kz.

Appendix to the User Agreement

CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA

I, as a User of the information systems of JSC “National Center for Professional Development ‘Orleu’”, BIN 120740006206 (the “Company”), hereby consent to the collection and processing of my personal data.

The purposes of collecting and processing personal data are to register and verify the User, identify the User, provide access to online courses, record completion of training, administer testing, retain test results, proctor and identify the User during the final test, issue and verify education documents, and review inquiries and appeals.

The personal data include: surname, first name, patronymic (if any), IIN, email address, telephone number, information about completion of training and test results, as well as information and materials obtained during proctoring, including images, audio recordings, video recordings, screen recordings, screenshots and technical data.

This consent remains valid for the period necessary to achieve the purposes of personal data processing and for the retention periods established by the laws of the Republic of Kazakhstan.

I acknowledge and consent to the collection and processing of my personal data and to proctoring during the final test using the identification, monitoring and recording tools provided by the proctoring system.