Public Offer of the Asterium App

This document is an official offer (public offer) from “Octobank” Joint Stock Company (hereinafter referred to as the Bank) to individuals to enter into an agreement for the provision of payment acceptance services through the Application (hereinafter referred to as the Agreement).

Performance by any individual of the actions provided for in this Offer means their full and unconditional agreement with the terms and conditions set forth below (acceptance of the Offer). Upon acceptance of the Offer, the Agreement between the parties is deemed concluded.

TERMS AND DEFINITIONS

1.User – an individual who makes payment to the Agent for the purpose of fulfilling monetary obligations to the Supplier, including advance payment for the Supplier’s services.

2. Supplier – a legal entity that has an information resource that allows accepting Payments technically and legally for goods/works/services or digital/electronic content sold by it or its counterparty/partner (hereinafter referred to as Services). For the purposes of this Agreement, the term Supplier also includes non-resident providers of payment service providing services for accepting Payments in favor of Suppliers.

3.Agent – Joint Stock Company «ASTERIUM».», a legal entity engaged in the activity of accepting orders for Payments from individuals and transferring them to the Bank for processing on the basis of an Agency Agreement.

4. Web interface – an interface of interactive services for making payments of individuals using the Bank's PC.

5. Check - a document, electronic message confirming payment, issued (sent) to the User after the Payment has been made.

6. Application - the mobile application "Asterium", that allows making Payments, using the Bank's PC.

7.Payment – ​​ funds paid by the User to the Supplier for Services, using the BANK’s PC.

ACCEPTANCE PROCEDURE

Acceptance of this Offer is accomplished by the User making payment in the Application to the Supplier specified by the User.

If the User does not agree with the terms and conditions given below, they should refuse to make payment to the Supplier.

SUBJECT OF THE AGREEMENT

Making payment in the Application to the Supplier means Acceptance of this public Offer. Payment is the User's full and unconditional acceptance of the terms of this Agreement in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan.

The User is informed that in order to avoid abusive acts, as well as the legalization of proceeds from criminal activity and the financing of terrorism, when paying in favor of suppliers through the Application, a limitation has been introduced on the payment amount - no more than 100,000,000,000 (one hundred billion) soum, and no more than 100 (one hundred) transactions per day.

In order to comply with the requirements of AML/CFT legislation, the following restrictions have been established on Payments: 

• Minimum one-time Payment: 500 (five hundred) soums;
• Maximum one-time Payment: 100,000,000,000 (one hundred billion) soums;
• Maximum number of Payments per User: no more than 100 (one hundred) transactions per day for a total amount of no more than 200,000,000,000 (two hundred billion) soums. 

COST OF SERVICES AND PAYMENT PROCEDURE

4.1 No commission is charged from Users when accepting payments from Users made in favor of Suppliers.

4.2 When making payments for Services from non-resident Suppliers, the Bank itself sets the exchange rate.

OBLIGATIONS OF THE PARTIES

The BANK undertakes to: ensure the confidentiality of the personal data of Users, information about which became known to the BANK in the course of providing the Payment acceptance service;

The User undertakes to:

• comply with the requirements of this Agreement;
• when making payment to be sure in the accuracy of the data transferred (communicated) to the AGENT (entered into the Application) prior to the Payment;
• if the User provides the Payment data erroneously and the Payment is successfully processed, the Payment will not be cancelled. In this case, the User is obligated to pay a sufficient amount of funds to cover the amount of the Payment processed in favor of the Supplier.
• not to use the Service for illegal financial transactions, transactions aimed at laundering proceeds of crime or financing terrorism, or other actions prohibited by law.

3. The BANK has the right to amend this Offer unilaterally. The BANK will notify Users of such amendments by publishing them on the BANK's website at   https://octobank.uz.

4. The BANK has the right to refuse rendering the service of accepting Payments to the User unilaterally and without explanation, including if the parameters of the transaction do not comply with the restrictions on the amounts and number of payments established by the BANK and/or applicable legislation, in the event of detection of payments from Users that contain signs of unusual transactions or carry reputational and/or financial risks for the BANK, as well as if the BANK has suspicions that the transaction is carried out in violation of the requirements of the legislation of the Republic of Uzbekistan.

5.The BANK and the AGENT shall not be liable to the User for Payments executed erroneously if the Payment details specified in the receipt correspond to the details specified by the User in the Asterium Mobile Application prior to making the payment.

RESPONSIBILITY OF THE PARTIES

• The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the law.
• The User shall be solely responsible for the accuracy of the oral/written information specified in the Payment instruction through the Application. The BANK and the Agent shall not be liable for erroneous payments made based on erroneous information provided by the User. If the erroneous information is provided and payment is successful, the funds paid by the User are non-refundable.
• The User shall be liable for any losses or other negative consequences arising from non-fulfillment or improper fulfillment of obligations under this Agreement.
• The BANK shall not be liable for improper fulfillment of the terms of the Agreement if such non-fulfillment resulted from the  non-fulfillment of the terms of the Agreement by the User.
• The BANK shall not be liable for any losses incurred by the User due to the fact that the User has not read the terms and/or has not read the terms of this Offer in a timely manner.
• The BANK shall not be liable to the User for delays and interruptions in the operation of technical platforms, transport networks and communication networks that occur through no fault of the BANK.
• The BANK shall not be liable for any improper fulfillment of the terms of the Agreement if such failure is caused by reasons beyond the BANK's control. The BANK's control is solely limited to the operability of the BANK's hardware and software system and does not include liability for failures caused by third parties or in connection with the imposition of prohibitions or restrictions by state or judicial authorities.
• The Parties shall be released from liability for non-fulfillment or improper fulfillment of their obligations under the Agreement if such failure is the result of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures (force majeure).

TERMINATION OF THE AGREEMENT

The User has the right to refuse to execute the Agreement at any time by refusing to use the payment acceptance service before the moment the order is transferred to the Agent.

PROCEDURE FOR RESOLVING DISPUTES

Any dispute arising from this Agreement shall be resolved amicably upon the user's written request. The timeframe for reviewing the request and the requirements for its content shall be determined by the current legislation of the Republic of Uzbekistan.

If the dispute is not resolved amicably, it shall be heard by a competent court at the defendant's location in accordance with the procedure established by the current legislation of the Republic of Uzbekistan.

OTHER TERMS AND  CONDITIONS

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 practices.

By accepting this Offer, the User confirms their unconditional agreement with all terms of the Agreement and undertakes to comply with it.

The Agreement shall enter into force upon acceptance of the Offer by the individual and shall remain in effect until the Parties have fulfilled their obligations under the Agreement in full.

DETAILS:

Joint Stock Company «ASTERIUM».