Public Offer intermediary

PUBLIC OFFER

on the provision of information and intermediary services

This document constitutes an official public proposal (offer) by Joint-Stock Company “OXUS PAY”, a legal entity established and operating in accordance with the laws of the Republic of Uzbekistan (hereinafter referred to as the “Contractor”), addressed to an indefinite circle of individuals (hereinafter referred to as the “User”), to conclude an Information and Intermediary Services Agreement (hereinafter referred to as the “Agreement”) on the terms set forth below.

This Offer determines the terms and conditions under which the Contractor provides information, intermediary, and agency services related to the creation, processing, and submission of Users’ applications to the National Agency of Social Protection under the President of the Republic of Uzbekistan (hereinafter — the Agency) for obtaining electronic public services accessed through the “BARAKA” Service.

Any actions performed by the User aimed at using the “BARAKA” Service shall be deemed full and unconditional acceptance (offer acceptance) of this Offer and shall constitute the conclusion of an Agreement in accordance with Articles 367 and 370 of the Civil Code of the Republic of Uzbekistan.

1. TERMS AND DEFINITIONS

1.1. Acceptance – a response of the person to whom the offer is addressed, indicating acceptance of it, expressed as full and unconditional agreement with the terms of this Offer, in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan.

1.2. “BARAKA” Service — an information system owned by the Contractor, consisting of a set of software and hardware tools intended for interaction between Users and the Agency through the technical creation, verification, and submission of applications for obtaining electronic public services.

1.3. User — A legally capable natural person who has accepted the terms of this Offer through its Acceptance, as well as an incapacitated natural person on whose behalf the actions to accept the terms of this Offer (Acceptance) are performed by their legal representative (guardian or other authorized person) on the grounds and in the manner provided for by the legislation of the Republic of Uzbekistan.

1.4. Agency — the National Agency of Social Protection under the President of the Republic of Uzbekistan, a state authority empowered to provide relevant electronic public services in accordance with the legislation of the Republic of Uzbekistan.

1.5. Identification — the procedure for identification and authentication of an individual, carried out on the basis of identity documents as well as through the use of biometric data (biometrics), in accordance with the procedures and conditions provided for in the applicable regulatory legal acts.

1.6. Submission of an Application — a set of technical, informational, and organizational actions performed by the Contractor involving the transmission of the User’s data to the Agency without substantive evaluation, modification of content, or decision-making on the merits of the application, solely for the purpose of ensuring interaction between the User and the Agency.

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor, upon the User’s instruction, undertakes to provide informational and technical assistance aimed at facilitating the User’s interaction with the Agency, including:
— receiving, systematizing, and processing data provided by the User through the “BARAKA” Service;
— generating an electronic application in accordance with the requirements established for electronic public services;
— technical verification of the generated application for completeness, format, and compliance with established standards;
— transmitting the generated application to the Agency using electronic communication means and methods established by the legislation of the Republic of Uzbekistan, ensuring the confidentiality and integrity of the data.

2.2. The Contractor does not directly provide the Agency’s electronic services, but solely ensures the technical possibility for the User to interact with the Agency for obtaining such services.

2.3. Under this Offer, the Contractor acts exclusively as the User’s agent (representative), providing informational and intermediary services, and is not a person providing electronic public services or making decisions regarding them.

2.4. The Contractor is not authorized to:
— make decisions regarding the User’s applications;
— influence the timing, outcome, and/or procedure of services provided by the Agency;
— guarantee that the User will obtain any specific result from the Agency.

3. PROCEDURE FOR PROVISION OF SERVICES

3.1. To use the Service and receive informational and intermediary services, the User must undergo the Identification procedure in the “BARAKA” Service and independently, accurately, and fully fill in all necessary data required for the formation of an application for receiving the service.

3.2. The User bears full responsibility for the accuracy, validity, completeness, and correctness of the information and data provided. Any negative consequences arising from the provision of inaccurate, outdated, or incomplete information shall be borne by the User.

3.3. The Contractor has the right to refuse to submit an application to the Agency in the following cases:
— provision of incomplete, inaccurate, or incorrect data by the User;
— presence of technical obstacles or impossibility of submitting the application due to reasons beyond the Contractor’s control;
— violation by the User of the terms of this Offer, including failure to comply with data entry requirements or misuse of the Service.

3.4. The Contractor does not verify the accuracy of the information on its substantive merits, its legal significance, or its conformity with factual circumstances. The verification is limited to a technical check of the completeness and correctness of the filled-in forms, as well as formal compliance with the Agency’s requirements for submitting an application.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Obligations of the User

4.1.1. To provide accurate, complete, and up-to-date data necessary for the formation and submission of the application;

4.1.2. To independently monitor the status and progress of the application review using the interactive features of the Service or by directly contacting the Agency;

4.1.3. To comply with the requirements and conditions of this Offer;

4.1.4. Not to make any claims against the Contractor related to the outcome of the services provided by the Agency, as well as actions (or inaction) of Agency officials, since the Contractor acts solely as an intermediary.

4.1.5. To independently monitor changes made to this Offer by the Contractor, and in case of disagreement with such changes, to cease any use of the Service.

4.2. Rights of the Contractor

4.2.1. To suspend, restrict, or terminate the operation of the Service in whole or in part for technical maintenance, troubleshooting, or in case of User’s violation of the terms of this Offer;

4.2.2. To modify the functionality of the Service, its interface, the range of available services, and their conditions, notifying the User through the Service or by other available means;

4.2.3. To make changes and amendments to this Offer unilaterally by publishing an updated version on the Service.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

5.1. The Contractor shall not be liable for:

5.1.1. the Agency’s approval of the User’s application;

5.1.2. the Agency’s compliance with established service deadlines, as such deadlines are beyond the Contractor’s control;

5.1.3. the provision of any specific result to the User by the Agency, since the Contractor provides exclusively informational and intermediary services;

5.1.4. the quality, scope, and content of the services provided by the Agency, as these are determined solely by the Agency;

5.1.5. the Agency’s refusal to provide services to the User;

5.1.6. any actions or omissions of the Agency and/or its officials;

5.1.7. suspension or termination of services by the Agency for any reason.

5.2. All claims related to the services provided by the Agency, including their quality, timing, results, or refusal to provide them, shall be addressed exclusively to the Agency, which is the direct provider of such services.

5.3. The User acknowledges and accepts all risks associated with the use of informational services, including but not limited to risks arising from technical failures, data entry errors, or actions of third parties.

5.4. The User confirms that they fully understand and accept the intermediary nature of the Contractor’s services, which consist of the technical transmission of information and facilitation of interaction with the Agency, and not the direct provision of public services.

5.5. The User agrees that the absence of a desired result from the Agency regarding the submitted application does not constitute improper performance of services by the Contractor, as the outcome depends on the Agency’s decision.

5.6. The extent of the Contractor’s possible liability in any case is limited to the actual amount paid by the User for intermediary services (if such services are paid), and may not exceed the cost of the provided informational and intermediary services.

6. PERSONAL DATA

6.1. The processing of the User’s personal data shall be carried out in strict compliance with the legislation of the Republic of Uzbekistan on personal data protection and the Contractor’s Privacy Policy, available on the “BARAKA” Service.

6.2. By providing their personal data, the User gives consent to their processing by the Contractor for purposes related to the provision of informational and intermediary services.

7. ACCEPTANCE OF THE OFFER

7.1. Acceptance of this Offer shall be deemed to occur when the User performs any of the following conclusive actions:

7.1.1. completion of the Identification procedure in the “BARAKA” Service;

7.1.2. submission of an application through the “BARAKA” Service to obtain services from the Agency;

7.1.3. use of the “BARAKA” Service.

7.2. From the moment the User performs any of the actions specified in Clause 7.1 of this Offer, the Agreement shall be deemed concluded between the Contractor and the User under the terms set forth in this Public Offer.

8. DISPUTE RESOLUTION

8.1. All disputes and disagreements arising in the course of performance of the Agreement shall be resolved by the Parties through negotiations in order to reach a mutually acceptable solution.

8.2. If no agreement is reached through negotiations, disputes shall be subject to judicial resolution in accordance with the legislation of the Republic of Uzbekistan at the location of the Contractor.

9. CONDITIONS OF PAYMENTS

9.1. The terms and conditions for making and using payment orders, including the amounts of fees and commissions charged, the procedure and timeframes for the provision of payment services, as well as other essential terms, are governed by a separate Offer for the provision of payment services published on the Service and on the official website.

9.2. The Offer specified in Clause 12.1 of this Offer is an independent legal document and does not form part of this Public Offer, except in cases of direct reference or mention. Acceptance of this Public Offer does not constitute automatic acceptance of the terms of the payment services offer. A User wishing to use the payment functionality of the Service must separately accept the terms of the relevant payment services offer.

9.3. The Contractor is entitled to act as a payment service provider in accordance with Article 13 of the Law of the Republic of Uzbekistan “On Payments and Payment Systems.”

10. FINAL PROVISIONS

10.1. The Contractor has the right to unilaterally amend and supplement this Offer. The amendments shall enter into force from the moment they are published on the “BARAKA” Service, unless another effective date is additionally specified. A User who continues to use the Service after the publication of the amendments shall be deemed to have accepted them.

10.2. If any provision of this Offer is found to be invalid, this shall not render the entire Offer invalid. The Parties undertake to replace the invalid provision with another provision that complies with the law and reflects the original intentions of the Parties.

10.3. In providing informational and intermediary services, the Contractor shall be guided by the applicable legislation of the Republic of Uzbekistan, including but not limited to the Law of the Republic of Uzbekistan “On Normative Legal Acts,” the Civil Code of the Republic of Uzbekistan, as well as other subordinate regulatory acts.