Terms of Use

1. General provisions and definitions

1.1. These Terms of Use (the "Terms") govern the use of the website https://toi.kz, its mobile version, the artist dashboard and related services (together, the "Platform").

1.2. The Platform is owned and operated by the individual entrepreneur "CHEESES EVENTS", IIN 040909551561, address: 2 Rakhymzhan Koshkarbayev St., Astana, Republic of Kazakhstan (the "Operator" or the "Agency").

1.3. By using the Platform, including viewing its pages, submitting a request or signing in to the dashboard, the User confirms that they have read these Terms and accept them. If the User does not agree with the Terms, they must stop using the Platform.

1.4. Key definitions:

• User means any person who visits or uses the Platform;
• Client means a User who selects artists or submits a request for an event;
• Artist means a performer, host, band, show project or other event-industry professional whose profile is published or being prepared for publication on the Platform;
• Profile means an Artist's moderated page with a description, prices, photos, videos, portfolio and a calendar of booked dates;
• Dashboard means the private section of the Platform where an Artist manages their Profile;
• Request means a Client's enquiry to the Agency stating the selected Artists (or none), the date, the city and contact details;
• Content means texts, images, videos, trademarks, stage names and other materials uploaded or provided for publication.

2. What toi.kz is

2.1. The Platform is a catalog of artists for toi celebrations, weddings, anniversaries, corporate events and other events in Kazakhstan. On the Platform you can find Artists by city, category, date, price and other parameters, add them to a cart and submit a single Request.

2.2. The Operator gives Users access to the information and technical features of the Platform: searching for Artists, viewing Profiles and date availability, building a list of selected Artists and submitting Requests, and gives Artists access to the Dashboard.

2.3. Searching for Artists, viewing Profiles and submitting Requests are free for Clients. The terms of paid promotion of Artist Profiles (including placement in "TOP") are set out in a separate agreement between the Artist and the Operator.

2.4. Artists' contact details are not published on the Platform. All Requests go through the Agency.

2.5. The Platform does not guarantee that a deal will be made, that a particular Artist will be available, that a preliminary price will match the final cost, or that a Request will be accepted. The essential terms of a performance are agreed separately.

2.6. Access to some features may be temporarily restricted for maintenance, security or compliance with the law.

3. Client Requests and the role of the Agency

3.1. In a Request, the Client provides their name, phone number, city, event date and, optionally, a comment. A Request can be submitted for specific Artists or without choosing an Artist, asking for help with the selection.

3.2. The Client is responsible for the accuracy of the data in the Request. If the phone number is wrong, the Agency will not be able to contact the Client.

3.3. Submitting a Request is not a booking and does not in itself mean that a contract has been concluded with an Artist or the Agency. The Agency contacts the Client, clarifies the request, checks the Artists' availability and helps agree the terms. A date is considered booked only after the Agency confirms it.

3.4. The calendar in a Profile only shows whether a day is free and is for reference only: the information may be updated with a delay. A "free" mark does not guarantee that the Artist will be able to perform.

3.5. Prices on the Platform are indicative and are usually shown as "from" unless expressly stated otherwise. The final cost depends on the date, city, duration and format of the event and is agreed with the Agency.

3.6. If a Request could not be sent because of a technical error, the Client can contact the Agency via WhatsApp or using the contact details shown on the Platform.

3.7. The Operator shares information about a Request with its managers, the services it uses (Telegram, CRM system) and the selected Artists to the extent necessary to process the Request, in accordance with the Privacy Policy.

3.8. The Operator is not a party to the performance agreement between the Client and the Artist, is not the Artist's employer and is not responsible for the performance of their mutual obligations, except for obligations the Operator has expressly undertaken under a separate written agreement with the Client or the Artist.

4. Artist account

4.1. An Artist account is created after the Agency reviews the application or in another agreed way. The Artist signs in to the Dashboard with an email address and password. The Operator may request information needed for identification, communication, verification of authority and preparation of the Profile.

4.2. The Artist must keep the password secret and must not give access to third parties without the Operator's consent. If access is lost or there is a suspicion that someone else has used it, the Artist must notify the Operator immediately.

4.3. Actions performed through the account with valid credentials are deemed to be the Artist's actions unless proven otherwise.

4.4. The Artist undertakes to:

• provide accurate and up-to-date information about themselves, their services and prices;
• keep the calendar of booked dates up to date;
• not place their contact details, links for direct contact with Clients or third-party advertising in the Profile.

4.5. In the Dashboard, the Artist can see anonymised statistics for their Profile, such as the number of views and clicks to booking. Clients' personal data and the contents of Requests are not shared with the Artist through the Dashboard.

5. Posting and moderation of Content

5.1. The Artist confirms that they have the necessary rights and permissions for the Content they provide, including the consent of the people depicted and the rights to photos, videos, music, trademarks and the stage name.

5.2. New materials and Profile changes are published only after moderation. Until they are approved, the previously published version remains on the public page.

5.3. The Operator may review, edit the formatting of, reject, hide or delete Content if it violates these Terms, the law or the rights of third parties, misleads Clients or does not match the subject of the Profile. Moderation does not mean that the Operator confirms the legality of the Content or assumes the responsibility of its rights holder.

5.4. The Artist retains the exclusive rights to their Content. For the period the Profile is published, the Artist grants the Operator a free, non-exclusive licence to store, technically process, reproduce, publicly display and make the Content available to the public to the extent necessary to operate and promote the Platform and the Artist's Profile, including on the official toi.kz social media accounts.

5.5. After a Profile is deleted, the Operator stops any new use of the Content within 30 calendar days. Social media posts published earlier may remain unless the Artist requests their removal.

6. Google Calendar integration

6.1. The Artist may voluntarily connect their Google Calendar to show date availability. The Platform uses the integration only to obtain free/busy information and does not show Clients event titles, attendees, descriptions, locations or any other details of calendar entries.

6.2. The Platform combines busy dates from the selected Google Calendars with dates marked manually. The information may be updated with a technical delay and is not a guarantee of the Artist's final availability.

6.3. The Artist can disconnect Google Calendar in the Dashboard or revoke access in their Google Account settings (https://myaccount.google.com/connections). When the calendar is disconnected in the Dashboard, the Operator revokes the access token and deletes the stored busy dates obtained from Google.

6.4. The use of Google data is governed by the "Google data" section of the Privacy Policy and by Google's terms. The Operator is not responsible for the unavailability, modification or discontinuation of the external service.

7. Prohibited actions

Users must not:

• use the Platform for unlawful, fraudulent or misleading purposes;
• submit knowingly false Requests, spam or Requests on behalf of other people;
• impersonate another person or provide knowingly false information;
• publish Content without the necessary rights and consents;
• circumvent moderation, access restrictions or security measures;
• attempt to obtain Artists' private contact details, Client data, calendar tokens or information from another person's account;
• collect data from the Platform by automated means (parsing, scraping) without the Operator's written permission;
• interfere with the operation of the Platform, including by guessing passwords, distributing malicious code or creating excessive load;
• use the Platform's forms for advertising, threats or unlawful materials.

8. Intellectual property

8.1. The Platform's design, software code, logo, the toi.kz name, texts, databases and collections of materials belong to the Operator or are used by it lawfully.

8.2. Content in Profiles belongs to the Artists or other rights holders.

8.3. Copying and distributing Platform materials without the rights holder's permission is prohibited. Quoting with a link to the Platform is allowed to the extent permitted by the laws of the Republic of Kazakhstan.

8.4. If a rights holder believes that materials on the Platform infringe their rights, they can send a notice to info@toi.kz describing the infringement and confirming their rights. The Operator will review the notice and, if necessary, restrict access to the disputed Content.

9. Limitation of liability

9.1. The Platform is provided "as is" to the extent permitted by the laws of the Republic of Kazakhstan. The Operator takes reasonable measures to keep the Platform stable and secure but does not guarantee that it will be free of interruptions, errors or incompatibility with the User's device.

9.2. Information in Profiles is provided by Artists. The Operator checks Profiles during moderation but is not responsible for the accuracy of information provided by Users and Artists, for infringements of third-party rights in Content, or for the consequences of decisions made on the basis of preliminary information on the Platform, except where liability is expressly established by law or a separate agreement.

9.3. The Operator is not responsible for failures of telecom operators, payment systems, Google or other external services, for the actions of malicious third parties, or for force majeure.

9.4. Nothing in these Terms limits the rights the User has as a consumer under the laws of the Republic of Kazakhstan.

10. Account suspension and deletion

10.1. The Operator may restrict features, temporarily suspend or delete an account if these Terms, legal requirements or third-party rights are violated, or if there is a security threat.

10.2. If a violation can be remedied, the Operator may send a notice and give time to fix it. Immediate suspension is allowed in the event of a material violation, a risk of harm or a request from an authorised body.

10.3. An Artist can request that their account be closed by writing to info@toi.kz. Deleting an account does not override the statutory retention periods for documents, security logs and data needed to resolve disputes.

11. Personal data

11.1. Personal data is processed in accordance with the Law of the Republic of Kazakhstan "On Personal Data and Their Protection" and the Privacy Policy published at https://toi.kz/en/privacy.

11.2. By submitting a Request, the Client agrees that their name, phone number and Request details will be shared with the Agency's managers in order to contact them and select Artists.

11.3. The Platform uses cookies and web analytics services to work correctly and become more convenient. Cookies can be disabled in the browser settings, but some features, such as the cart and signing in to the Dashboard, may stop working.

11.4. Enquiries about personal data are accepted at info@toi.kz or at the Operator's postal address: 2 Rakhymzhan Koshkarbayev St., Astana, Republic of Kazakhstan.

12. Changes to the Terms

12.1. The Operator may amend these Terms. The new version is published at https://toi.kz/en/terms with its effective date.

12.2. The Operator notifies registered Artists of material changes through the Dashboard or by email at least 7 calendar days before the changes take effect.

12.3. Continuing to use the Platform after the changes take effect means accepting the new version, unless the law requires separate consent.

13. Governing law and dispute resolution

13.1. These Terms are governed by the laws of the Republic of Kazakhstan.

13.2. The parties will seek to settle any dispute through negotiation and a pre-trial claim procedure. A claim can be sent to info@toi.kz; the response time is 15 calendar days from receipt.

13.3. If a dispute cannot be settled, it will be heard by the court at the Operator's location (Astana), unless the laws of the Republic of Kazakhstan establish a different jurisdiction.

14. Operator contacts and details

• Name: IE "CHEESES EVENTS"
• IIN: 040909551561
• Head: Zhanuzakhuly Syrymbet
• Address: 2 Rakhymzhan Koshkarbayev St., Astana, Republic of Kazakhstan
• Bank: Kaspi Bank JSC, BIC CASPKZKA, Kbe 19
• Account number: KZ27722S000049012001
• Email: info@toi.kz, szhanyzak@gmail.com
• Phone: +7 701 927 4470