PUBLIC OFFER
for the provision of payment services
This Public Offer (hereinafter referred to as the “Offer” and/or the “Agreement”) constitutes an official public proposal of the Joint Stock Company “OXUS PAY,” licensed by the Central Bank of the Republic of Uzbekistan on December 28, 2024, No. 62 (hereinafter referred to as “OXUS PAY” or the “Operator”), to conclude an agreement for the provision of payment services under the BARAKA trademark (hereinafter referred to as the “Service”).
The performance by the User of actions предусмотренных настоящей Офертой (as set out in this Offer) shall constitute full and unconditional acceptance of all its terms (hereinafter referred to as the “Acceptance of the Offer”). From the moment of Acceptance of the Offer, the Agreement shall be deemed concluded in electronic form, having the legal force of a written document.
In matters not regulated by this Agreement, the Parties shall be governed by the applicable legislation of the Republic of Uzbekistan.
- TERMS AND DEFINITIONS USED IN THE OFFER
Service — a software product and payment instrument that provides the User with the ability to make payments for services in favor of Suppliers, perform fund transfers from one bank card to another, and carry out other actions within the functionality of the Service.
User — a legally capable individual who, independently or through their legal representative (in case of limited legal capacity), manages the funds on a bank card, has performed the Acceptance of this Offer, and is, consequently, a user of the Service.
Bank Card — a payment card (debit, credit, virtual) issued by an issuer, providing the holder with the ability to perform payment transactions from a bank account online or via electronic terminals, as well as to receive cash or exchange currencies.
Transfer — a non-cash fund transfer carried out between bank accounts based on the instructions of the Service User.
Payment Transaction — a transaction for the payment of the Supplier’s services, carried out by the User through the Service, resulting in the debiting of funds from the User’s bank card. Payments are only possible in favor of those Suppliers whose names are displayed in the corresponding menu of the Service.
Supplier — a legal entity that sells goods, provides services, or performs works offered to a subscriber/client/buyer on the basis of a corresponding agreement.
Identification — a set of measures aimed at establishing the User’s identity through the analysis and verification of the personal data provided by them, using software-technical and organizational-legal mechanisms provided by the Service’s functionality and the current legislation of the Republic of Uzbekistan. Identification is carried out by entering personal data, uploading identity documents, as well as applying other authentication methods necessary to ensure access to specific Services of the Service and the execution of corresponding transactions.
- PROCEDURE FOR ACCEPTANCE
2.1. The acceptance of this public Offer shall be recognized as the fact of using the Service’s functionality and conducting Payment Transactions through the said Service. 2.2. During the registration process, the User shall provide their mobile phone number to receive an SMS message containing a registration code. The specified SMS message is sent by JSC “OXUS PAY”. Entering the registration code into the corresponding field is a mandatory condition for completing the registration procedure. 2.3. In the event of the User’s disagreement with the terms of this public Offer, the User is obliged to immediately cease using the service and refrain from performing any actions aimed at the acceptance of this Offer. 2.4. By accepting the Offer, the User confirms their full and unconditional consent to the terms of the Agreement and assumes the obligation for their proper performance.
3. SUBJECT OF THE OFFER
3.1. The Operator provides the User with the ability to make payments and money transfers, as well as to view information on the balance of Cards linked to the Service in real time.
3.2. Using the Service, the User is provided with the ability to perform the following actions:
— make payments for goods, works, and services of Suppliers online;
— manage bank cards, including adding and removing them;
— transfer funds from one bank card to another in real time;
— use other functions implemented within the Service.
3.3. The Service may include certain services provided on a paid basis. Activation of such services is carried out by the User independently, subject to prior ознакомление with the relevant public offer containing a description of the service, its cost, and terms of use.
3.4. By accepting this Offer, the User grants JSC “OXUS PAY” unlimited (indefinite) consent to process their personal data in accordance with the legislation of the Republic of Uzbekistan “On Personal Data.” Such consent applies, in particular, to the processing of payment data, mobile phone number, bank card details, surname, name and patronymic, date and place of birth, passport data (ID card), identification data (including TIN, PINFL), registration data, as well as other personal data necessary for the functioning of the Service and compliance with legal requirements in the field of combating money laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction.
The User also consents to the cross-border transfer, dissemination, and provision of their personal data to third parties — partners of the Operator — for the purposes of performance of this Agreement and ensuring the proper functioning of the Service, provided that such parties comply with confidentiality requirements and personal data protection legislation.
3.5. The services provided by the Operator are fee-based. The User undertakes to pay remuneration in the amounts and in the manner prescribed by this Agreement.
3.6. When processing payments and transfers, the Operator provides exclusively technical and informational interaction between the User, the bank card issuer, and the Suppliers. Full responsibility for the debiting, crediting, and execution of the respective financial transactions rests with the User’s bank card issuing bank or the acquirer.
3.7. The User is notified that the Operator bears no obligation to cancel erroneous payments made through the Service once the funds have been debited, unless otherwise expressly provided by the current legislation. In such cases, responsibility lies with the bank that issued the User’s Card, in accordance with the terms and in the manner defined in the respective offer/agreement of that bank.
4. SPECIFIC FEATURES OF PROVIDING PAID SERVICES WITHIN THE SERVICE
4.1. When providing the User with the ability to make Payments for Supplier Services for which a corresponding fee is предусмотрено (applicable), such remuneration shall be charged in addition to the amount payable under the relevant Payment in favor of the Supplier, in the amounts and manner specified in the relevant Service Interface.
4.1.1. Confirmation of a Payment for Supplier Services for which a corresponding fee is applicable, made through any of the Interfaces available within the Service, shall constitute full and unconditional acceptance by the User of the terms of this Offer within the meaning of Article 370 of the Civil Code of the Republic of Uzbekistan.
4.1.2. In the event that the User’s card has insufficient funds to execute the Payment, including the applicable fee, such Payment shall not be processed.
4.1.3. In cases where the Supplier provides for the possibility of a refund of the Payment for its Services due to improper performance or on other grounds determined by the Supplier, the amount of funds charged as remuneration in accordance with Clause 4.1 of this Offer shall not be refundable.
4.2. When providing the User with the Operator’s Services for which a corresponding fee is applicable, such fee shall be charged to the User by debiting funds from the User’s linked Card in favor of the Operator in the amounts specified in the relevant Service Interface.
4.2.1. The User’s confirmation of payment for the Operator’s services, or any other action within the Service functionality confirming activation of the relevant paid services, shall constitute full and unconditional acceptance of the terms of this Offer within the meaning of Article 370 of the Civil Code of the Republic of Uzbekistan.
4.2.2. If there are insufficient funds on the User’s bank card to pay for the Operator’s services, funds may be debited from any available Card of the User linked in the Service Interface, within the required amount.
4.2.3. In the event of insufficient funds for debiting in accordance with Clause 4.2 of this Offer, the provision of the relevant Operator’s service to the User shall be terminated.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. THE OPERATOR HAS THE RIGHT:
5.1.1. To unilaterally amend the terms of this Offer by posting its updated version on the Operator’s official website. Notification of such changes may be sent to the User via push notifications, electronic messages, or other available communication methods.
5.1.2. To transfer the rights and obligations under this Agreement to third parties for the purpose of its execution without additional consent from the User, provided that such transfer does not worsen the User’s position and does not contradict the legislation of the Republic of Uzbekistan regarding personal data.
5.1.3. To provide the User with both paid and free services, the information about which is posted within the Service and on the Operator’s official website.
5.1.4. To restrict or temporarily block the User’s access to the Service for technical or legal reasons (including court decisions or requests from law enforcement agencies), as well as in the event of suspected violations of the Agreement terms by the User, until the identified circumstances are resolved.
5.1.5. To collect, process, and store statistical information regarding the use of the Service, as well as to conduct surveys, questionnaires, and other activities aimed at increasing the quality of services and improving the user experience.
5.1.6. In the event of a violation by the User of the terms of the Agreement or the laws of the Republic of Uzbekistan (including regulations on anti-money laundering, combating the financing of terrorism, and the proliferation of weapons of mass destruction), or if there are signs of fraud, to temporarily restrict the User’s access to the Service or unilaterally terminate the Agreement, notifying the User via available contact details or other methods provided by law.
5.1.7. In the event of suspected fraudulent operations by the User, as well as in other cases provided for by the legislation of the Republic of Uzbekistan, the Operator has the right to unilaterally and temporarily block the use of the Service until the circumstances are clarified, or to terminate the Agreement at any time.
5.1.8. To conduct marketing campaigns and loyalty programs, send the User invitations to participate in them, and utilize advertising and informational materials, including targeted notifications, subject to the User’s consent.
5.1.9. To inform the User upon the discovery of signs of fraud related to their account or transactions.
5.2. THE USER HAS THE RIGHT:
5.2.1. To utilize all functions of the Service within the framework of the terms of the Agreement and the legislation of the Republic of Uzbekistan.
5.2.2. To receive information regarding tariffs, services, and terms of use of the Service prior to the acceptance of the Offer or prior to the activation of paid services.
5.2.3. To contact the Operator for consulting and technical support through the Call Center and other communication channels.
5.2.4. To withdraw their consent for the processing of personal data in the manner established by the legislation of the Republic of Uzbekistan.
5.3. THE OPERATOR UNDERTAKES:
5.3.1. To duly perform the terms and conditions of this Agreement.
5.3.2. To ensure the operability of the Service, except during periods of preventive maintenance and technical work, of which the User shall be notified in advance, if such possibility exists.
5.3.3. To ensure the confidentiality of the User’s personal data and banking secrets in accordance with the legislation of the Republic of Uzbekistan.
5.3.4. To provide information support through the Call Center and other communication channels during business hours.
5.3.5. To publish push notifications regarding significant events, including information about new Suppliers and changes to the terms of service.
5.3.6. To take measures to reduce operational risks and ensure the security of the provided payment services, including the use of multi-factor authentication and secure communication channels for the purpose of combating fraud.
5.4. THE USER UNDERTAKES:
5.4.1. To use the Service exclusively for personal purposes and not to apply it for entrepreneurial activities, unless otherwise provided by the Operator or by legislation.
5.4.2. To ensure the confidentiality of the login, password, and other data used to access the account, as well as to maintain control over the phone number linked to the account.
5.4.3. To bear responsibility for the disclosure of confidential information and for any losses caused to the Operator
5.4.4. To monitor push notifications, information within the Service, and on the Operator’s official website, and to timely execute the instructions contained therein.
5.4.5. Not to disclose personal data or account access credentials to third parties.
5.4.6. To immediately notify the Operator of any suspicion of unauthorized access or illegal use of the account, as well as the loss of control over the phone number linked to the account.
5.4.7. Not to perform illegal financial transactions through the Service, including money laundering of criminal proceeds, financing of terrorism, or other unlawful acts.
5.4.8. In the event the User identifies vulnerabilities, errors, malfunctions, or other technical deficiencies in the operation of the Service (including software bugs), the User undertakes to immediately notify the Operator by any available means and to refrain from using, distributing, or otherwise abusing such vulnerabilities, errors, or malfunctions, including for the purpose of obtaining unlawful benefits or causing harm to the Operator, other Users, or third parties.
5.4.9. To carefully study all messages, notifications, SMS, and PUSH messages sent by the Operator (the User is informed by the Operator upon the discovery of signs of fraud).
5.4.10. To exercise increased caution and attentiveness when confirming any payment transactions after receiving such messages from the Operator.
5.4.11. To immediately, but no later than 1 (one) day, notify the Operator of the loss of the device used to access the Service, or of the establishment of control over it by third parties.
5.4.12. To notify the Operator within 1 (one) day from the moment of discovering the fact of a transaction performed without their consent.
5.4.13. To provide up-to-date contact details and notify the Operator of any changes thereto within 3 (three) days.
5.4.14. Upon the Operator’s request, to provide information as to whether a specific transaction was performed by them independently or by a third party on their instructions or with their voluntary consent, as well as to provide information regarding cases of fraud.
- RULES FOR ENSURING THE CONFIDENTIALITY OF PERSONAL DATA
6.1. Upon the User’s registration and subsequent execution of payments through the Service, the Operator shall process the User’s personal data. Such data may include, but is not limited to: banking details, surname, first name, patronymic, passport data (or ID card information), mobile phone number, email address, device data, geolocation information, as well as other information necessary for the provision of services and compliance with legislative requirements.
6.2. Personal data is provided by the User by entering information into the corresponding forms or is transmitted automatically during the use of the Service with the User’s consent.
6.3. The Operator does not transfer the User’s personal data to third parties, except as provided for by this Agreement, the Operator’s Policy for the Protection and Processing of Personal Data, the requirements of the legislation of the Republic of Uzbekistan (including lawful requests from authorized state bodies), and in cases where the User’s consent has been obtained.
6.4. The Parties undertake to take the necessary organizational and technical measures aimed at protecting the User’s information, including their personal data, from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other unlawful actions.
6.5. The collection, systematization, and storage of personal data of citizens of the Republic of Uzbekistan when using information technologies, including their processing via the Internet, shall be carried out exclusively in personal data databases hosted on technical facilities physically located within the territory of the Republic of Uzbekistan and registered in the prescribed manner in the State Register of Personal Data Databases.
- LIABILITY OF THE PARTIES
7.1. The Parties shall be liable for non-performance or improper performance of the Agreement in accordance with the legislation of the Republic of Uzbekistan.
7.2. The User shall be responsible for the accuracy of the data specified when making payments or transfers. In the event that incorrect information is entered, the Operator shall not be held liable for any losses, and the debited funds shall not be subject to refund, except as provided by the rules of the payment systems or an agreement with the recipient of the funds.
7.3. The User shall be responsible for the security of personal data and bank card details when using unreliable devices or connections.
7.4. The Operator shall not be held liable for violations arising from the User’s non-compliance with the terms of the Agreement or recommendations for the safe use of the Service.
7.5. The Operator shall not be held liable for losses caused by the User’s failure to timely review amendments to the Offer or the Operator’s other offers.
7.6. The Operator shall not be held liable for losses related to the quality, content, or provision of services by Suppliers, as the Operator acts solely as an intermediary in processing payments.
7.7. In the event of an erroneous payment or transfer due to the fault of the Operator, the Operator is obliged to transfer the funds to the recipient no later than the following business day. Otherwise, the User has the right to demand a refund of the amount and payment of a penalty in the amount of 0.1% for each day of delay, but not exceeding 10% of the total amount.
- TERM AND TERMINATION OF THE OFFER
8.1. The Agreement shall be deemed concluded from the moment of Acceptance and shall remain in effect indefinitely until its termination by either Party.
8.2. The User has the right to terminate the Agreement at their own initiative by independently deleting their account within the Service.
8.3. The Operator has the right to unilaterally terminate the Agreement, in whole or in part, out of court, in the cases and in the manner provided for by this Offer and the legislation of the Republic of Uzbekistan.
- DISPUTE RESOLUTION PROCEDURE
9.1. This Agreement shall be governed by the legislation of the Republic of Uzbekistan.
9.2. All disputes and disagreements arising between the Parties under this Offer or in connection with its execution shall be settled through negotiations with mandatory compliance with the pre-trial (complaint) dispute resolution procedure. The period for considering a claim is 10 (ten) calendar days from the date of its receipt.
9.3. In the event that a dispute cannot be settled through negotiations within the specified period, all disagreements shall be subject to judicial review in accordance with the legislation of the Republic of Uzbekistan at the location of the Operator.
- MISCELLANEOUS PROVISIONS
10.1. For matters not regulated by this Agreement, the Parties shall apply the norms of the current legislation of the Republic of Uzbekistan.
- REQUISITES (LEGAL DETAILS)
“Oxus Pay” JSC
TIN: 311682396
Address: 1 Yangi Zamon 3rd street, Mirobod district, Tashkent city, 100105, Republic of Uzbekistan
OKED (Activity code): 62010