Dalaway Marketplace Rules
The Russian text prevails. Kazakh and English translations are provided for convenience.
These Rules define which actions constitute violations and which measures apply when they are identified. They contain a catalogue of standards of conduct, a list of measures, the procedure for applying them, time limits and the appeal procedure. Capitalised terms have the meanings established in section 2 of the Agreement.
1. Purpose and Scope
1.1. These Rules establish standards of conduct for Participants on the Platform, measures for violations and the procedure for considering submissions and appealing the Operator’s decisions.
1.2. These Rules form an integral part of the Agreement and are accepted by the Participant as part thereof, and personally by each User in accordance with the Platform Use Rules.
1.3. Decisions under these Rules are made by an authorised employee of the Operator. The allocation of rights and powers among the Operator’s employees is governed by its internal documents and does not affect the scope of the Participant’s rights.
1.4. For Platform purposes, a User’s actions performed within a corporate account within the rights granted to that User are treated as actions of the relevant Participant.
1.5. The Operator’s measures apply only within the Platform and do not resolve a civil-law dispute between Participants on the merits of their Parties’ Contract.
1.6. Automated tools may generate warnings, reminders and indicators for review. A violation is established and a contractual restriction on trading functionality is imposed by an employee of the Operator, except for temporary technical information-security measures.
2. Standards of Conduct
R1. Accuracy of Information
| № | Standard |
|---|---|
| R1.1 | Information on the Participant, including its name, registration number, address and information on its head, is accurate and kept up to date |
| R1.2 | The quality parameters of goods specified in the Lot correspond to the available documents. Laboratory test data and quality certificates are not distorted |
| R1.3 | The volume and price specified in a Lot and Request reflect the Participant’s genuine intention. Publishing proposals unsupported by goods or intention is prohibited |
| R1.4 | Licences, permits, insurance policies, accreditations and other profile documents are valid at the time they are used |
| R1.5 | Corporate information and corporate contacts are posted in public fields of the Participant’s profile. Posting personal data of specific individuals without their consent is prohibited |
R2. Conduct in a Transaction
| № | Standard |
|---|---|
| R2.1 | Following Agreement on Commercial Terms, the parties commence documenting the Parties’ Contract and keep the Transaction status up to date within the time limits established in section 5 |
| R2.2 | A party receiving details of the Parties’ Contract entered by its counterparty confirms them or submits a reasoned objection within the prescribed time limit |
| R2.3 | The parties respond to enquiries from their counterparty and the Operator regarding an active Transaction |
| R2.4 | The buyer confirms Completion of the Transaction or submits a reasoned objection. Unjustified systematic evasion of a response may be treated as a violation |
| R2.5 | A cancellation of a Transaction is submitted stating a reason. The reason must be stated in good faith |
| R2.6 | Agreed Commercial Terms must not be changed by circumventing the established procedure. A change in the goods or a party to the Transaction requires cancellation of the Transaction and a new Agreement on Commercial Terms; changes in price, volume, currency and other terms affecting the value of the Parties’ Contract are recorded by agreement of the parties following confirmation by an authorised employee of the Operator |
R3. Recording Transactions and Prohibition of Evasion
| № | Standard |
|---|---|
| R3.1 | Participants may execute and perform a Parties’ Contract outside the Platform but must record its number and date in the relevant Transaction. Actions aimed at concealing the occurrence of a Fee Event or reducing the Calculation Value of the Transaction are prohibited |
| R3.2 | Providing and receiving contact details before Agreement on Commercial Terms—in Lots, Requests, Offer fields and correspondence before Agreement on Commercial Terms, including in disguised form or in parts—as well as suggesting a move to an external communication channel are prohibited |
| R3.3 | Understating the volume or price recorded on the Platform relative to those actually agreed is prohibited |
| R3.4 | Executing what is in fact the same transaction in the name of an affiliated or otherwise related person for the purpose of excluding or reducing the Fee is prohibited |
| R3.5 | Failing to record a concluded Parties’ Contract in the relevant Transaction is prohibited |
R4. Settlements with the Operator
| № | Standard |
|---|---|
| R4.1 | The Fee is paid in the amount and within the time limits established by the Tariffs |
| R4.2 | Late payment may result in restrictions on publishing new Lots and Requests and entering into a new Agreement on Commercial Terms until the debt is discharged, after the existence and amount of the debt have been confirmed by an authorised employee of the Operator |
| R4.3 | An application for recalculation is submitted in good faith, with supporting documents attached |
| R4.4 | Obligations to Service Providers under service contracts are performed within the time limits established by those contracts |
R5. Business Ethics
| № | Standard |
|---|---|
| R5.1 | Communication must be respectful. Insults, threats and discrimination in correspondence and submissions are prohibited |
| R5.2 | Counterparty information disclosed after Agreement on Commercial Terms must not be published or transferred to third parties for purposes other than performance of the relevant Transaction |
| R5.3 | Submitting a knowingly unfounded complaint or using submissions as a means of pressuring a counterparty is prohibited |
| R5.4 | Actions aimed at distorting business reputation indicators, including fictitious Transactions and collusion over mutual ratings, are prohibited |
| R5.5 | Unauthorised collection and bulk extraction of Platform data, circumvention of technical restrictions and interference with the operation of the Platform are prohibited |
R6. Obligations of Service Providers
| № | Standard |
|---|---|
| R6.1 | The Service Provider has the licences, permits, resources and personnel necessary to provide the services and keeps supporting documents up to date |
| R6.2 | Stated service delivery time limits are observed; the customer is notified without undue delay if they cannot be met |
| R6.3 | Documents generated by the Service Provider following the provision of services, including quality certificates, certificates of work, declarations and weight documents, contain accurate information and are provided on time |
| R6.4 | The Service Provider acts in the customer’s interests and does not use information obtained in providing services for other purposes |
3. Measures and Fee-Related Consequences
3.1. Depending on the nature, recurrence and consequences of a violation, the Operator may apply:
- a warning specifying the standard violated;
- removal or unpublishing of specific material where the violation relates to its content;
- a requirement to update information or undergo re-verification;
- temporary restriction of certain functions or of a corporate account;
- termination of access in accordance with section 23 of the Agreement.
3.2. A decision to impose a measure includes a reference to the standard violated, a description of the established event, the measure imposed, its duration or the condition for lifting it, and the appeal procedure. The decision is communicated to the Participant.
3.2-1. When a measure is imposed, the Participant’s access to ongoing Transactions, settlement documents and submissions is preserved where possible.
3.3. The accrual and calculation of a Fee for a Related Transaction are not a disciplinary measure or penalty. If a Fee Event is established in accordance with section 16 of the Agreement, the Fee is determined under the Agreement and the Tariffs regardless of whether any measure under this section is imposed at the same time.
3.4. In the event of Fee arrears, the Operator may restrict the publication of new Lots and Requests and new Agreement on Commercial Terms in accordance with the Tariffs. Before such contractual restriction is activated, the existence of the debt is confirmed by an authorised employee of the Operator.
3.5. The Operator is not required to disclose threshold values of technical indicators or algorithms for detecting signs of violations if doing so would facilitate their circumvention. However, the Participant is informed of the factual basis of the decision concerning it and the standard violated.
4. Submissions and Complaints
4.1. A Participant may submit a complaint about an alleged violation of the Rules by another Participant through the personal account, linking it to a Transaction, Lot, message or other object, or to hello@dalaway.kz.
4.2. The parties are given an opportunity to provide explanations and documents. Failure to provide explanations is not an admission of a violation and does not prevent a decision based on the available materials.
4.3. Following consideration, the Operator may establish a violation and impose a measure; find no violation; request additional information; or refer the matter to an employee authorised to make decisions at the relevant level.
4.4. The Operator does not resolve on the merits disputes between Participants concerning quality, volume, time limits, payment or other terms of the Parties’ Contract. The Operator may establish only the circumstances necessary to apply the Agreement and these Rules.
5. Time Limits
5.1. This section establishes the following time limits:
| Event | Time limit |
|---|---|
| Confirmation of the details of the Parties’ Contract by the other party | 5 business days |
| Confirmation of cancellation of the Transaction by the other party | 5 business days |
| Confirmation of Completion of the Transaction by the buyer | 10 business days |
| Objection to a Fee Calculation | 5 business days, unless the Tariffs establish a different time limit |
| Consideration of an objection to a Fee Calculation | 5 business days |
| Objection to a Certificate of Work Performed (Services Rendered) | 5 business days |
| Payment of an invoice | 10 business days |
| Application for recalculation of the Fee | 30 calendar days from Completion |
| Consideration of an application for recalculation | 15 business days after receipt of the complete set of documents |
| Explanations regarding signs of a Related Transaction | at least 5 business days |
| Objections to a demand regarding a Related Transaction | 15 business days |
| Monitoring period for a Related Transaction | in accordance with clause 16.2-1 of the Agreement |
| Consideration of an objection to automated processing of personal data | 3 business days |
| Consideration of any other objection to the Operator’s decision and the accuracy of the underlying data | 5 business days |
| Objection to inclusion of Transaction data in De-identified Data | 5 business days |
| Export of Transaction materials | 10 business days, with a one-time extension of up to 10 business days |
| Notification of the other party that an export has been provided | 3 business days |
| Taking a complaint under review | 2 business days |
| Decision on a complaint | 5 business days |
| Decision on a complaint requiring additional documents | up to 10 business days |
| Filing an appeal | 10 calendar days |
| Consideration of an appeal | 10 business days |
| Response to a formal claim | 15 business days |
5.2. Time limits run from receipt of the relevant notification in accordance with the Agreement. Time limits are calculated in business days unless expressly stated to be calculated in calendar days.
6. Decision-Making and Appeal Procedure
6.1. Review begins upon a Participant’s submission or at the Operator’s initiative when signs of a violation are identified.
6.2. Review uses data lawfully held on the Platform: profile and verification information, Transactions, correspondence within the scope of consents obtained, statuses, documents, the event log, Trading Operations and the parties’ explanations.
6.3. A decision is made with reference to a specific standard and is communicated to the affected Participant.
6.4. A Participant may appeal a decision within ten calendar days of its receipt. The appeal is considered within ten business days by a person who did not make the appealed decision and has no personal interest in the outcome of the review. The Operator ensures a review independent of the original decision.
6.5. The decision on an appeal is final within the Platform and does not restrict the Participant’s right to use remedies provided by law.
6.6. Filing an appeal does not suspend a technically necessary security measure. Other restrictions may be suspended during reconsideration by decision of the person considering the appeal.
6.7. An employee of the Operator who has a personal or pecuniary interest in the outcome of the review must recuse themselves.