Octobank Public Offer — Payment Services in the Asterium App
Public Offer Regarding rendering payment services via Asterium mobile application
This document is an official offer (public offer) for the individuals, including the Clients (hereinafter referred to as Users) to conclude an agreement for rendering online payment services (hereinafter referred to as the Agreement) via the Mobile Application. This offer is addressed to all individuals intending to receive Services, regardless of whether they are Bank Clients at the time of Acceptance or are applying to the Bank for the first time (Applicants). This offer is an official public offer to conclude an Agreement in accordance with Articles 367 -370 of the Civil Code of the Republic of Uzbekistan. Payment services via the Mobile Application shall be rendered by the payment service provider - JSC “Octobank” (hereinafter referred to as the Bank). The User's performance of the actions provided for in this Offer constitutes their unconditional agreement with the terms and conditions set forth below (acceptance of the Offer). From the moment of acceptance of the Offer, the Agreement is considered to be concluded. This action means receiving (acceptance) by the User of all the terms of this Offer and the unconditional fulfillment of the obligations provided for therein without any exceptions or restrictions. In all matters not expressly provided for in the Agreement, the parties shall be guided by the current legislation of the Republic of Uzbekistan and business customs.
1. TERMS AND DEFINITIONS
Authorization – a procedure for requesting and receiving a response by the Bank to such a request in the form of permission or prohibition to carry out a transaction. Acceptance of the Offer – the User's performance of the actions mentioned in this Offer aimed at receiving the Service and confirming consent to conclude the Agreement by entering the recipient's bank ing card details into the Mobile Application fields or by clicking the "Transfer," "Pay," or "Confirm" buttons in the Mobile Application Bank – Joint Stock Company "Octobank", operating the business activity by virtue of a License issued by the Central Bank of the Republic of Uzbekistan to carry out the banking activities and being by virtue of the Law of the Republic of Uzbekistan "On Payments and Payment Systems" by a provider of payment services Card holder – the individual in whose name the Card is issued. Offer (Agreement) – this agreement concluded between the Bank and the User by means of Acceptance of the Offer. User (Client) - an individual who is a Client of JSC “Asterium” and/or the owner of a deposit account ope ned with the Bank and who has entered into this Agreement with the Bank under the terms and conditions of this Offer. Fee – the Bank's remuneration charged for the provision of Services under the Agreement, as stipulated by the Bank's Tariffs. Payment system (PS) – UZCARD, HUMO, VISA, MASTERCARD payment system.
Mobile application / “Asterium” application – specialized software owned by JSC “Asterium”, representing a collection of software, installed on a mobile device and allowing the Client to send an order to the Bank through JSC “Asterium” to get Bank’ Service . The mobile application can be installed from the Internet resources of the mobile phone operating environment manufacturers (AppStore (manufacturer –Apple company), Google Play (manufacturer –Google company)). Mobile device – a mobile phone and/or tablet computer and/or portable player and/or other device that supports software installation. The mobile device must have an iOS operating system or Android version no lower than 4.1. Authentication data – unique User data used to access and perform transactions through the Mobile Application and/or the Website. Transaction – any trans action carried out by the User using the Deposit Account in the Mobile Application for payment of goods (works, services) at the Trade and Service Enterprise, for the transfer of funds, including the payment of the Bank's commission for the Services provided in accordance with the Agreement. Payment window – a special section in the Mobile Application, through which one of the stages of the Service provision is carried out. Website of the Bank – www.octobank.uz Parties – The Bank and the User when jointly mentioned. Deposit account – a bank account opened with a Bank for carrying out transactions with funds recorded in the account. Bank Tariffs (Tariffs) – Bank commission rates for servicing individuals, approved by the Bank and posted on the Bank's Website. TSE – a trade and service enterprise that sells goods (works, services), payment for which is made by the User through the Mobile Application. QR-payment — a method of making non -cash payments for goods (works , services) and/or transferring funds by scanning a QR code in the Mobile Application by the User, followed by debiting funds from the User's Account. QR-code — a graphic image containing the payment details of the Recipient of funds, generated by the Bank , the Trade and Service Enterprise or the payment system and used to initiate the Payment Transaction. Service – a payment service provided by the Bank at the User's request for the purpose of conducting a Transaction using deposit accounts through the Mobile Application, including the following types of transactions:
- Replenishment of deposits
- Withdrawals from deposits
- Closing deposits
- Account Transfer - Transfer of funds in national or other currency from a demand deposit to a Bank-issued Card,
from a demand deposit to an individual's demand deposit.
- Payment using the recipients' account details.
- History - List of transfers made by the user.
- View the user's existing deposits.
- Payment transactions for goods (works, services) via QR payments.
The specific list of services/transactions available in the Mobile Application is established by the Bank and can be changed unilaterally.
2. GENERAL PROVISIONS
2.1. This Agreement is a public offer published on the Bank's Website and in the Mobile Application.
2.2. The subject of the Agreement is render the Service by the Bank to the User on a reimbursable basis.
2.3. The Bank shall render the Service to User in accordance with the terms of this Agreement, the requirements of
current legislation, the Rules of payment systems, subject to the Bank having the technical capability to carry out each specific Transaction using the Client's accounts.
2.4. The Bank shall not render the Service within the framework of the Agreement.:
- in the absence of positive Authorization;
- in the presence of prohibitions on performing Transactions established by the current legislation of the Republic of
Uzbekistan, the Rules of the Payment System, or seizure of funds;
- in other cases established by the Agreement.
2.5. For the Service rendered by the Bank, the User shall pay the Bank a fee in the manner established by the Agreement.
The fee amount shall be set by the Bank's Tariffs, published on the Bank's Website, and shall be calculated based on the amount of funds used to carr y out transactions . The fee amount is included in the total amount of the authorization request carried out on the User's account and is subject to deduction without additional instructions (acceptance) from the User's account in excess of the Transaction Amount on the date of the Transaction. Fees charged as a percentage are not subject to VAT. Fixed fees are subject to VAT.
2.6. Transactions carried out within the Agreement may have restrictions on the amount in accordance with the current
legislation of the Republic of Uzbekistan - limits. The Transaction Amount (limits) shall be set by the Bank's Tariffs and published on the Bank's Website.
2.7. The Bank shall carry out the transactions stipulated by the Agreement in UZS currency – the national UZS currency,
and in USD currency – the US Dollar. If the currency of the Bank Card Account differs from the currency of the deposit account, the Client shall hereby authorize the Bank to convert funds at the time of the transaction at the Bank's exchange rate on the date of the transaction . The Bank's exchange rate shall be indicated on the Bank's website. Conversion of funds using a Third-Party Bank Card shall not be permitted.
2.8. The Client shall hereby authorize the Bank to process any information classified as personal data related to the
User, received both from the User and from third parties, both using automation tools and without using such tools for the purpose of performing the following actions : collection, systematization, accumulation, storage, clarification (updating, modification), use, blocking, depersonalization, destruction, as well as the right to transfer the User's personal data to third parties, including, but not exclusively: last name, first name, patronymic, details and requisites of the identity document(s), date and place of birth, as well as contact information (email address, telephone number); provided in the Mobile Application.
2.9. The Bank shall process and store information about the Client for the entire term of the Agreement, as well as for
5 (five) years from the date of termination of obligations under the Agreement.
2.10. If the User's Account and/or Card does not have sufficient funds to carry out the Transaction and pay the Bank's
commission (if any) in accordance with paragraph 2.5 of the Agreement, at the time of Authorization, the Bank will not accept the User's order to carry out the Transaction, about which the User will receive a me ssage in the Mobile Application.
3. THE PROCESS OF RENDERING SERVICES
3.1. The conclusion of the Agreement by accepting the Offer and drawing up an order to carry out the Transaction is
carried out by the User in the Mobile Application via the Internet.
3.2. Before the Client confirms the transaction, the User shall be asked to read th is Offer and agree to its terms and
conditions. If the User does not agree with the terms and conditions set out in the Offer, the User's Transaction will not be carried out.
3.3. Based on the information entered by the User in the Payment window, the Bank verifies the correctness of the
completed data and displays it in the Payment window. The user checks all entered parameters, including the conditions for the Transaction (the amount of the Bank fee (if any)). If they are correct and the User agrees to the terms and conditions of the Transaction, he/she clicks the payment initiation button.
3.4. After the User confirms the correctness of the entered details of the Transaction and their verification on the Bank's
side, the Bank, in accordance with the terms and conditions of the Agreement, accepts and processes the User's order to carry out the Transaction.
3.5. After receiving the User's order in accordance with paragraph 3.4 of the Agreement, the Bank shall carry out the
Authorization procedure. In case of successful Authorization, the Transaction Amount and the amount of fee for the Bank Service are blocked by the Bank on the Account and the balance (limit) of the Account is reduced by the Transaction Amount, taking into account the Bank fee.
3.6. Transactions using QR payments are carried out by the User by scanning the QR code in the Mobile Application
and confirming the transaction parameters.
3.7. After scanning the QR code, the Mobile Application displays to the User information about the Recipient of funds,
the transaction amount (if applicable). The user confirms the transaction by clicking the appropriate button in the Mobile Application.
3.8. A QR payment shall be carried out if there is a positive Authorization and sufficient balan ce of funds in the User
Account.
3.9. In the event that the User makes payments to trade and service enterprises using QR payment in a currency other
than the currency of the Republic of Uzbekistan, the conversion of funds shall be carried out at the exchange rate of JSC “Octobank” valid on the date and time of the transaction and displayed on the Bank's Website. The User acknowledges and agrees to the application of the specified exchange rate when performing the relevant transaction. The exchange rate displayed on the Bank's Website is final for the relevant transaction and is not subject to revision after its completion.
3.10. The Bank shall not be liable for the accuracy of the details contained in the QR code generated by third parties
(including Trade and Service Enterprises) except for the cases where the QR code is generated directly by the Bank.
4. OPPORTUNITIES OF MOBILE APPLICATIONS
4.1. The User shall be provided with the opportunity to review the text of the Agreement through the Mobile Application.
4.2. The mobile application provides the User with the ability to access the Services.
4.3. The User shall be given the opportunity to pay for goods (works, services) using QR payments and money transfers
through the Mobile Application.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Bank shall be entitled to:
5.1.1. Refuse to provide the Service under the Agreement in accordance with the User's instructions on the grounds
stipulated by the current legislation of the Republic of Uzbekistan, in particular, the Law of the Republic of Uzbekistan dated August 26, 2004, No 660 -P "On Combating the Legalization of Proceeds from Crime and the Financing of Terrorism".
5.1.2. Require the Client to strictly comply with the terms and conditions of the Agreement and pay for the Bank's Services.
5.1.3. Establish and change (increase, decrease) restrictions on Transactions using the Mobile Application, in accordance
with paragraph 2.6 of the Agr eement, within the framework of the current legislation of the Republic of Uzbekistan. Information on these restrictions is posted by the Bank in the Bank's Tariffs and on the Bank's Website.
5.1.4. Determine the functionality available in Mobile Applications, de termine the list of Trade and Service Enterprises
whose services (goods, works) can be paid for through the Mobile Application.
5.1.5. Not to execute the User’s instructions received by the Bank via the Mobile Application until the circumstances are
clarified, in the event:
- improper fulfillment by the Client of obligations under the Agreement;
- the Bank discovers or suspects that the Transactions conducted using the Client's Accounts are illegal;
- identification by the Bank of Client Transactions that contain, in accordance with the legislation of the Republic
of Uzbekistan, questionable Transactions related to the legalization of proceeds from crime and the financing of terrorism or Transactions that violate the current legislation of the Republic of Uzbekistan.
5.1.6. In the event that errors, missing or incomplete indication of required details, or inconsistency/contradiction of the
Transaction with the legislation of the Republic of Uzbekistan or the terms of the Agreement are detected at the stage of executing the User’s order, do not execute the Client’s order received by the Bank via the Mobile Application.
5.2. The Bank shall be obliged to:
5.2.1. Provide the Service in the volume and in the manner established by the Agreement.
5.2.2. Maintain banking secrecy regarding Transactions using the Card and/or its details and information about the Client.
5.3. The User shall be entitled to:
5.3.1. Submit instructions to the Issuing Bank via the Mobile Application to debit funds from Accounts in payment for
goods (works/services), to transfer funds from an Account opened with the Bank and stipulated by the Agreement.
5.3.2. Refuse to carry out any Transactions via the Mobile Application until the correctness of the entered details is
confirmed and the button initiating the Transaction is pressed in the Payment window.
5.3.3. Terminate the Agreement at any time at your sole discretion by disposing of the Mobile Application from the
Mobile Device.
5.3.4. Make payments and transfer funds using QR payments within the Mobile Application functionality.
5.4. The User shall be obliged to:
5.4.1. read the text of the Agreement before receiving the Services..
5.4.2. not transfer credentials, passwords, logins, SMS confirmations, mobile devices to third parties, and ensure their
safety.
5.4.3. regularly review official information related to s ervicing the Client under the Agreement (changes to the text
of the Agreement, Bank Tariffs, procedure for providing the Service).
5.4.5. not carry out Transactions that contain, in accordance with the legislation of the Republic of Uzbekistan, signs
of suspicious Transactions related to the legalization of criminal proceeds and the financing of terrorism or Transactions that violate the current legislation of the Republic of Uzbekistan.
5.4.6. not make payments related to business activities.
5.4.7. Pay for the Bank's Services in accordance with the Bank's Tariffs in effect on the date of the Transaction and
the Agreement.
5.4.8. The user undertakes to use only the official (licensed) application.
5.4.9. The user undertakes to use the latest updated versions of the application.
5.4.10. The User undertakes to independently install antivirus software on technical devices and maintain its timely
updates. In the event that the User fails to use antivirus software, use of unlicensed (illegally acquired) antivirus software or failure to update it in a timely manner by the User , will result in third parties gaining unauthorized access to the Authentication Data, The Bank shall not be liable for any damage caused to the User.
6. PROCEDURE FOR PROTECTIVE ACTIONS AGAINST UNAUTHORIZED PAYMENTS AND
REGULATION OF ISSUES RELATED TO UNAUTHORIZED PAYMENTS
6.1. A payment is considered authorized if it is made by the User or a person authorized to make the payment and does
not contradict the legislation of the Republic of Uzbekistan . In the case of a payment made by money transfer, the payment is considered authorized also provided that the order is accepted in compliance with the established procedure for protective actions against unauthorized payments.
6.2. The user is responsible for losses from unauthorized payments, if they were committed as a result of his fraudulent
actions or as a result of his failure to take measures to ensure the protection of his identification means.
7. RESPONSIBILITIES OF THE PARTIES
7.1. The Parties shall be liable for failure to perform and/or improper performance of obligations under the Agreement
in accordance with the legislation of the Republic of Uzbekistan and the Agreement.
7.2. The Bank shall not be liable for any Transactions using the Account via the Mobile Application, carried out by
other (third) parties with or without the knowledge of the User.
7.3. The Bank shall not be liable if information transmitted via the Mobile Application, including the Account details,
becomes known to other persons as a result of wiretapping or interception of the Internet channel, cellular or telephone communication channel during their use, as well as in the event of the User’s dishonest fulfillment of the conditions of storage and use of the Account details.
7.4. The Bank shall not be responsible for any disruptions in the operation of the Internet , communication networks,
other technical failures (power outages/damage to the power supply and communication networks, software failures and routine (technical) maintenance of the processing center and the Bank's database, technical failures in payment systems that arose due to reasons beyond the control of the Bank and resulted in the User's late receipt or non -receipt of Bank
notifications and statements on Transactions , made using the Acc ount through the Mobile Application, as well as the Bank's failure to fulfill or untimely fulfillment of other terms of the Agreement.
7.5. The Bank shall not be liable for the consequences of the execution of orders issued by unauthorized persons in cases
where, using the procedures provided for by the legislation of the Republic of Uzbekistan and the Agreement, the Bank could not establish the fact of issuing an order by unauthorized persons.
7.6. The Bank shall not be liable if the User provides incorrect details when performing Transactions using the Account
via the Mobile Application (the name of the payment recipient, the Transaction Amount, and other parameters necessary to carry out the Transaction).
7.7. The Bank shall not be liable in the event of the User’s fail ure to comply with the terms and conditions of storage
and use of the Mobile Device in good faith.
7.8. The Bank provides services under the Agreement only if there is technical capability to provide them at any given
time and is exempt from property liability in the event of technical failures (power outages/damage to power supplies and communication networks, software failures and routine maintenance of the Bank's processing center and database, technical failures of payment systems and the Bank's technology partners), resulting in the Bank's failure to comply with the terms and conditions of the Agreement.
7.9. The User shall be responsible for all Transactions carried out by the User and/or other persons with or without the
knowledge of the User through the Mobile Application , including in the event that the software and/or Mobile Device used to access these services, were subject to modifications that violate the user agreement concluded between the User and the manufacturer of the software and/or Mobile device.
7.10. The Bank shall not be liable for any possible damage, losses or other negative consequences associated with the
User’s violation of the terms of the Agreement.
7.11. The Bank shall not be liable for failure to carry out a QR payment arising for reasons beyond the Bank's control,
including incorrect QR code, technical failures on the part of the Trade and Service Enterprise , payment system or communication channels.
8. TERM AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
8.1. The Agreement shall be deemed concluded between the Parties from the date of Acceptance of the offer.
8.2. The Agreement in terms of provision of the Service is valid unt il the Bank and the Client fulfill their obligations
under the Agreement, namely, the provision of the Service by the Bank in full and the payment by the Client of the cost of the Service rendered.
8.3. The Agreement is considered terminated from the moment the Mobile Application is utilized in the Mobile Device.
9. FINAL PROVISIONS
9.1. With regard to cases where the User presents a claim to the Bank for compensation for damages for an unjustified
refusal to execute or improper execution of an order, it should be under stood that an unjustified refusal to execute an order is not recognized as: 1) The Bank's refusal to execute an order when the User attempts to perform a Transaction in favor of a Trade and Service Enterprise with whom the Bank or its partner does not have a contractual relationship, or the contract has been terminated at the time of the Transaction; 2) The Bank's refusal to execute an order in cases provided for by this Agreement.
9.2. Compensation for damages by the Bank in the event of an unjustified refusal to execute or improper execution of
the User's order is carried out in the presence of fault, in the manner established by the civil legislation of the Republic of Uzbekistan.
The amount of payment in the form of penalties is determined by the court in accordance with the provisions of the current legislation.
9.3. The Agreement shall be governed by and interpreted in accordance with the law s of the Republic of Uzbekistan .
All disputes, disagreements, or claims arising out of or in connection with the Agreement shall be settled by the Parties through negotiations. The period for reviewing a claim and sending a written response is 15 banking days.
9.4. In the absence of consent, the dispute between the Parties shall be considered in accordance with the procedure
provided for by the current legislation of the Republic of Uzbekistan.
9.5. The Parties acknowledge that the telecommunications, processing and storage systems used by them under the
Agreement are sufficient to ensure reliable and efficient transaction during the reception, transmission, processing and storage of information, and the information security system that ensures access control and encryption is sufficient to protect against unauthorized access, confirm the authorship and authenticity of information and resolve conflict situations.
9.6. Electronic documents (electronic journals, electronic protocols, etc.) stored in the Bank serve as confirmation of
the User’s completion of Transactions via the Mobile Application. Electronic documents (electronic journals, electronic protocols, etc.) are provided by the Bank as supporting documents when considering controversial situations, including in court.
10. BANK ACCOUNT INFORMATION
JSC “Octobank” Tashkent city, Furkat street, 2 Acc:29802000700000980110 Bank code: 00980 TIN: 203644820 OKED: 64190 Phone: 71 202-33-33 Mail: [email protected]
JSC “Octobank” — Public Offer regarding payment services via the Asterium mobile application.This document is published in its current version and updated by the legal team as changes occur.