Terms of Use

Public offer

on the provision of payment services via the Mobile application "Octo-mobile"

Tashkent city 

This document is an official offer (public offer) to individuals, including Clients (hereinafter referred to as Users), to conclude an agreement on the provision of payment services (hereinafter referred to as the Agreement) online via the Bank's Mobile Application.

This offer is addressed to all individuals intending to receive the Services, regardless of whether they are Clients of the Bank 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 Bank's Mobile Application are provided 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 means his unconditional consent to the terms and conditions below (acceptance of the Offer). From the moment of acceptance of the Offer, the Agreement is considered concluded. This action means the acceptance by the User of all the terms of this Offer and unconditional fulfillment of the obligations provided for by it without any exceptions or restrictions.

In everything that is not expressly provided for by the Agreement, parties are guided by the current legislation of the Republic of Uzbekistan and business customs.

1. TERMS

Authorization is the procedure of requesting and receiving by the Bank a response to such request in the form of permission or prohibition to carry out the transaction.

Offer Acceptance is the User's performance of the actions specified in this Offer aimed at receiving the Service and confirming their consent to conclude the Agreement by entering the details of the recipient's bank card in the Mobile Application fields or by clicking the "Transfer", "Pay", "Confirm" buttons in the Bank's Mobile Application.

Bank is Joint-Stock Company “Octobank”, operating on the basis of the Banking License issued by the Central Bank of the Republic of Uzbekistan and being, by virtue of the Law of the Republic of Uzbekistan "On Payments and Payment Systems", a payment service provider.

Third-Party Bank is a commercial bank registered in the Republic of Uzbekistan (RUz) that has issued the Card.

Cardholder is an individual in whose name the Card is issued.

Offer (Agreement) – this agreement concluded between the Bank and the User by Acceptance of the offer.

Card – a personalized payment instrument UZCARD, HUMO, VISA, MASTERCARD issued by the Bank or a Third-Party Bank, certifying the presence of an account of the cardholder in the relevant bank and giving right to make a payment without paying in cash online.

User (Client) – an individual who is the Cardholder and/or the owner of a deposit account opened with the Bank and who has concluded this Agreement with the Bank on the terms of this Offer.

Commission – the Bank's remuneration charged for the provision of Services under the Agreement, stipulated by the Bank's Tariffs.

Personal Account – a section available to the Client in the Bank's Mobile Application. Login to the Personal Account is protected by a login and password known only to the Client. To gain access to the Personal Account during the initial login, you must follow the "Registration" link and register. As registration data, the Client specifies the number of his mobile phone and his Card with the SMS notification function enabled.

Payment System (PS) – payment system UZCARD, HUMO, VISA, MASTERCARD.

Mobile application / application «Octomobile» – specialized software, which is a set of Bank software installed on a Mobile device and allowing the Client to send an order to the Bank to receive Bank Services. The mobile application can be installed from the Internet resources of the mobile phone operating environment manufacturers (AppStore (manufacturer – Apple), Google Play (manufacturer – Google)).

Mobile device – a mobile phone and/or tablet computer, and/or portable player and/or other device that supports the installation of the Bank software. The mobile device must have an iOS operating system, or Android version not lower than 4.1.

Authentication data – unique User data used to access and perform transactions via the Mobile Application and/or the Bank's Website.

Transaction – any transaction performed by the User using the Deposit Account, Card and/or its details in the Mobile Application to pay for goods (works, services) in the TSP, to transfer funds, including 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.

Bank's Website – www.octobank.uz

Parties – the Bank and the User when jointly mentioned.

Card Account – a bank account opened with the Issuing Bank to perform transactions using the Card and/or its details.

Deposit Account – a bank account opened with the Bank to perform transactions with funds recorded in the account.

Bank Tariffs (Tariffs) – commission fees of the Bank for servicing individuals, approved by the Bank and posted on the Bank’s Website.

TSP – a trade and service enterprise that sells goods (works, services), payment for which is made by the User from the Card Account, via the Mobile Application.

Service – a payment service provided by the Bank at the User’s request for the purpose of conducting a Transaction using the Card or deposit accounts via the Mobile Application, including the following types of transactions:

1) in relation to Cards issued by the Bank:

·         Transactions to pay for goods (works, services) in TSP;

·         Transactions to transfer funds to Cards opened with the Bank;

·         Transactions to transfer funds to Cards opened with Third-Party Banks.

·         Payment using the details of the recipients’ accounts.

2) in relation to Cards issued by a Third-Party Bank:

·         Transactions to pay for goods (works, services) in TSP;

·         Transactions to transfer funds to Cards opened with the Bank;

·         Operations to transfer funds to Cards opened in Third-Party Banks.

·         Payment using the details of the recipients’ accounts.

3) in relation to accounts opened with the Bank

·         Replenishment of deposits with funds from an international plastic card issued by the Bank

·         Replenishment of deposits with funds from Cards issued by the Bank and/or Third Party Banks of the Republic of Uzbekistan

·         Write-off of funds from deposits to international plastic cards issued by the Bank

·         Write-off of funds from deposits to Cards issued by the Bank and/or Third Party Banks of the Republic of Uzbekistan

·         Closing of deposits

·         Transfer from an account - transfer of funds in national currency from a demand deposit to a Card issued by the Bank, from a demand deposit to an individual's demand deposit

·         Payment using the details of the recipients' accounts.

·         History - List of transfers made by the user

·         Viewing the user's existing deposits

The specific list of services/operations available in the Mobile Application is established by the Bank and can be changed by it 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 the provision of the Service by the Bank to the User on a reimbursable basis.

2.3. The Bank provides the User with the Service in accordance with the terms of this Agreement, requirements of current legislation, Rules of payment systems, provided that the Bank has the technical capability to carry out each specific Operation using the Card and the Client's accounts.

2.4. Under the Agreement, the Bank does not provide the Service:

·         in the case of using Cards of payment systems other than payment systems with which the Bank does not have contractual relations;

in the case of using International Cards, PS not specified in this Agreement.

·         in the case of using a Card issued by the Bank and / or its details, issued to the current account of a legal entity and individual entrepreneur;

·         in the absence of positive Authorization;

·         if there are prohibitions on performing Operations established by the current legislation of the Republic of Uzbekistan, the PS Rules, seizure of funds;

·         in other cases established by the Agreement.

2.5. The User shall pay a commission to the Bank for the Service rendered by the Bank in the manner prescribed by the Agreement. The amount of the commission shall be set by the Bank's Tariffs published on the Bank's Website and/or in the Mobile Application, and shall be calculated from the amount of funds used to carry out transactions. The commission amount shall be included in the total amount of the authorization request carried out on the User's Card and/or account, and shall be withheld without additional instructions (acceptance) from the User from the User's Card and/or account in excess of the Transaction Amount on the date of the Transaction. The commission charged as a percentage is not subject to VAT. Fixed Commissions are subject to VAT.

2.6. Transactions carried out under the Agreement may have restrictions on the amount in accordance with the current legislation of the Republic of Uzbekistan - limits. Amounts of the Transaction Amount (limits) shall be set by the Bank's Tariffs and published on the Bank's Website and/or provided in the Mobile Application.

2.7. The operations provided for by the Agreement are carried out by the Bank in the currency UZS - the national currency of the Soum, and in the currency USD - the US Dollar. If the currency of the Bank Card Account differs from the currency of the deposit account, the Client hereby authorizes the Bank to convert funds at the time of the transaction at the Bank's rate on the date of the transaction. The Bank's rate is indicated on the Bank's Website. Conversion of funds on the Card of a Third-Party Bank is not allowed.

2.8. The Client hereby authorizes the Bank to process any information classified as personal data related to the User, received both from the User and from third parties, both with the use of automation tools and without the use of such tools, to perform the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), use, blocking, depersonalization, destruction, as well as the right to transfer to third parties the User's personal data, including, but not limited to: last name, first name, patronymic, data and details of the identity document(s), date and place of birth, as well as contact information (e-mail 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 do not have an amount sufficient to carry out the Operation and pay the Bank's commission (if any) in accordance with paragraph 2.5 of the Agreement at the time of Authorization, the Bank shall not accept the User's order to carry out the Operation for processing, about which the User shall receive a message in the Mobile Application.

3. PROCEDURE FOR PROVIDING THE SERVICE

3.1. User shall conclude the Agreement by Accepting the Offer and draw up an order to carry out the Operation in the Mobile Application via the Internet.

3.2. Before the Client confirms the operation in the Personal Account, User is asked to familiarize themselves with this text of the Offer and agree to its terms. If the User does not agree with the terms and conditions set out in the Offer, the User’s Operation will not be carried out.

3.3. Based on the information entered by the User in the Payment window, the Bank checks the correctness of the completed data and displays it in the Payment window. The User checks all the entered parameters, including the terms of the Operation (amount of the Bank's commission (if any)). If they are correct and the User agrees to the terms of the Operation, he/she clicks the payment initiation button.

3.4. After the User confirms the correctness of the entered Operation details and their verification on the Bank's side, the Bank, in accordance with the terms of the Agreement, accepts and processes the User's order to conduct the Operation.

3.5. After accepting the User's order in accordance with paragraph 3.4 of the Agreement, the Bank carries out the Authorization procedure. In case of successful Authorization, Operation Amount and the amount of the commission for the Bank's Service are blocked by the Bank on the Account and/or Card and reduces the balance (limit) of the Account and/or Card by the Operation Amount, taking into account the Bank's commission.

4. MOBILE APPLICATION FEATURES

4.1. The Mobile Application allows the User to read the text of the Agreement.

4.2. The Mobile Application allows the User to access the Services and the goods (works, services) of the TSP through the showcase.

5. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

5.1. The Bank has right to:

5.1.1. Refuse to provide the Service under the Agreement in executing the User's order on the grounds stipulated by the current legislation of the Republic of Uzbekistan, in particular, the Law of the Republic of Uzbekistan dated 26.08.2004 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 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 Agreement, 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, on the Bank's Website and in the Mobile Application.

5.1.4. Determine the functionality available in Mobile Applications, determine the list of TSPs whose services (goods, works) can be paid for via the Mobile Application.

5.1.5. Not execute the User's instructions received by the Bank via the Mobile Application until the circumstances are clarified, in the event of:

·         improper fulfillment by the Client of obligations under the Agreement;

·         detection or suspicion by the Bank of the illegality of the Transactions carried out using the Card and/or Client Accounts;

·         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 case of detection of errors, absence or incomplete indication of necessary details, inconsistency/contradiction of the Operation with the legislation of the Republic of Uzbekistan or the terms of the Agreement at the stage of execution of the User's order, not to execute the Client's order received by the Bank via the Mobile Application.

5.2. The Bank undertakes to:

5.2.1. Provide the Service in the amount and in the manner established by the Agreement.

5.2.2. Keep banking secrecy on Operations using the Card and/or its details and information about the Client.

5.3. The User has right to:

5.3.1. Send instructions via the Mobile Application to the Issuing Bank to write off funds from the Accounts and/or from the Card to pay for goods (works/services), to transfer funds from the Account and/or from the Card to accounts opened with the Bank and stipulated by the Agreement.

5.3.3. Refuse to carry out any Operations via the Mobile Application until the correctness of the entered details is confirmed and the button initiating the Operation is pressed in the Payment window.

5.3.4. Terminate the Agreement at any time at its own discretion by disposing of the Mobile Application from the Mobile Device.

5.4. The User undertakes to:

5.4.1. Read the text of the Agreement before receiving the Services.

5.4.2. Not transfer the Card data, other account data, Passwords, Logins, SMS confirmations, Mobile device, which are necessary for access to the Personal Account, to third parties, and ensure their safety.

5.4.3. Regularly familiarize themselves with the official information related to servicing the Client under the Agreement (changes to the text of the Agreement, Bank Tariffs, the procedure for providing the Service).

5.4.5. Not carry out Operations that contain, in accordance with the legislation of the Republic of Uzbekistan, signs of questionable Operations related to the legalization of criminal proceeds and the financing of terrorism or Operations that violate the current legislation of the Republic of Uzbekistan.

5.4.6. Not carry out settlements related to the implementation of entrepreneurial 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) Bank 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. If the User's failure to use antivirus software, the use of unlicensed (illegally acquired) antivirus software or the User's untimely update thereof result in third parties gaining unauthorized access to the Authentication Data, the Bank shall not be liable for 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 payment by money transfer, the payment is also considered authorized if the order is accepted in compliance with the established procedure for protective actions against unauthorized payments.

6.2. The User or Cardholder, upon discovering the fact of loss of the Card or unauthorized use of the Card, notifies the bank that issued the Card. In case of failure to notify the Bank of the loss of the Card or unauthorized use of the Card, all risks are borne by the User / Cardholder.

6.3. The User shall be liable for losses from unauthorized payments if they were made 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.

6.4. In case of unauthorized use of the Card, the Card User has right to contact the Card issuer with an application for reimbursement of the amounts of money lost as a result of the unauthorized use of the bank card. The Card User's application shall be considered by the Card issuer within the timeframes stipulated by law. Based on the results of the consideration of the Card User's application, the bank card issuer shall decide on reimbursement or refusal to reimburse the amounts of money lost as a result of the unauthorized use of the bank card.

6.5. In case of a decision to refuse reimbursement of the amounts of money lost as a result of the unauthorized use of the Card, the bank issuing the Card shall notify the User of the decision taken, indicating the reasons for the refusal. The grounds for refusal to reimburse amounts of money lost as a result of unauthorized use of a bank card are:

- failure by the User to comply with the security measures for using the Card stipulated by the agreement;

- establishment of the fact of the User's participation in committing crimes using his Card.

7. LIABILITY 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 Card and/or Account using the Mobile Application, performed 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 details of the Card and/or Account, 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 bad faith fulfillment by the User of the conditions for storing and using the Card, the details of the Account.

7.4. The Bank shall not be liable for failures in the operation of the Internet, communication networks, other technical failures (disconnection/damage to 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 Bank's control and resulted in the User's untimely receipt or non-receipt of notifications from the Bank and statements on Transactions made using the Card and/or Account via 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 issuance of the order by unauthorized persons.

7.6. The Bank shall not be liable if the User, when making Transactions using the Card and/or Account using The mobile application contains incorrect details (name of the payment recipient, Transaction Amount, as well as other parameters required to carry out the Transaction).

7.7. The Bank shall not be liable in the event of the User's failure to fulfill in good faith the conditions for the storage and use of the Mobile Device and/or SIM card (the SIM card is the Client's identification module used in mobile communications; the SIM card contains information about the Client's identification telephone number registered with the mobile operator).

7.8. The Bank shall provide services under the Agreement only if there is a technical possibility of providing them at any given time, and shall be released from property liability in the event of technical failures (disconnection/damage to power supply and communications networks, software failures and routine (technical) work of the Bank's processing center and database, technical failures of payment systems and the Bank's technological partners), which resulted in the Bank's failure to fulfill the terms of the Agreement.

7.9. The User shall be responsible for all Operations 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 have been 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.

8. VALIDITY PERIOD 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 shall be valid until the Bank and the Client fulfill their obligations under the Agreement, namely, provision of the Service by the Bank in full and payment by the Client of the cost of the Service rendered.

8.3. The Agreement shall be deemed terminated from the moment of disposal of the Mobile Application 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 understood that the following are not recognized as an unjustified refusal to execute an order:

·         The Bank's refusal to execute the order when the User attempts to perform an Operation in favor of a TSP with which the Bank or its partner has no contractual relationship or the contract is terminated at the time of the Transaction.;

·         The Bank's refusal to execute an order in the cases provided for in 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 made if there is guilt, in the manner established by the civil legislation of the Republic of Uzbekistan.

The amount of payments in the form of a penalty is determined by the court in accordance with the norms of the current legislation.

9.3. The Agreement will be governed by and interpreted in accordance with the legislation of the Republic of Uzbekistan. All disputes, disagreements or claims arising from or in connection with the Agreement shall be settled by the Parties through negotiations. The period for consideration of the claim and sending of a written response is 15 banking days.

9.4. In the absence of agreement, the dispute between the Parties shall be considered in the manner prescribed by the current legislation of the Republic of Uzbekistan.

9.5. The Parties recognize the telecommunications, processing and storage systems of information used by them under the Agreement as sufficient to ensure reliable and efficient operation during the reception, transmission, processing and storage of information, and the information protection system that ensures access control and encryption as 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 Transactions via the Mobile Application. Electronic documents (electronic journals, electronic protocols, etc.) are provided by the Bank as supporting documents when considering disputes, including in court.

JSC “Octobank”

Tashkent city, Furkat Street, house 2

account: 29802000700000980110

MFO: 00980 TIN: 203644820

OKED: 64190

Tel.: 71 202-33-33

Mail: [email protected]