The public offer of “Maroqand” JSC is an official document of payment system operator under “UPay” trademark (hereinafter - UPay Payment Service) and an offer to legally capable individuals, holders of UZCARD, HUMOCARD, UNIONPAY, VISA, MASTERCARD and MIR bank cards (hereinafter - the User) on the basis of Art. 367 and part 2 of article 369 of the Civil Code of the Republic of Uzbekistan to conclude an agreement for the provision of services for use of "UPay" Universal Electronic Payment Service (hereinafter - the Agreement).

The performance of actions specified in this Offer is an irrevocable and unconditional confirmation of the consent (acceptance) of an individual to conclude an Agreement on the provision of services on the terms, in the manner and scope set forth herein (hereinafter - the Agreement).

The current legislation of the Republic of Uzbekistan regulates everything that is not provided for by the Agreement.

"Maroqand" JSC holds a license of the Central Bank of the Republic of Uzbekistan No. 6 dated April 23, 2020 for the right to operate as a "Payment organization" and to operate and provide services for data transmission networks AA No. 0006561, issued by the Ministry for the Development of Information Technologies and Communications of the Republic of Uzbekistan dated August 9, 2018.

1. TERMS AND DEFINITIONS
"UPay" universal electronic payment service is a payment service that allows the User to make electronic payments for goods and services online, manage their own bank cards, transfer funds via a bank card, as well as perform other actions not prohibited by applicable law and provided for by service technologies.

User is a capable individual, holder of UZCARD / HUMO / UNIONPAY / VISA / MASTERCARD / MIR bank card, who has connected on the basis of an agreement through an acceptance to the UPay service.

Bank card is an instrument of non-cash payments, which is an electronic means of payment intended for the cardholder to perform transactions with funds in his bank card account.

Personal data is information that makes it possible to identify an individual provided by the User to use the Service.

Processing of personal data is actions to collect, organize, store, modify, supplement, use, provide, distribute, transfer, depersonalize and destroy personal data.

UCoins is a discount in the form of a return of part of the purchase price to the User's account in the personal account and in the mobile application.

2. ACCEPTANCE PROCEDURE
2.1. The acceptance of this Offer is carried out by registering the User in UPay Payment Service. The payment service is available on the official website at www.upay.uz and on iOS, Android mobile platforms, Web interface and USSD requests for short number * 850 #.

2.2. By entering into this Agreement, the User, in accordance with the requirements of the Law of the Republic of Uzbekistan "On Personal Data" (ZRU-547 02.07.2019), provides the UPay Payment Service with an unlimited consent to the processing of his personal data (including: payment credentials, mobile phone number, bank card numbers, full name, registration data, as well as any other personal data necessary to use the services available in the UPay Payment service), including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data performed with the use of automation tools or without the use of such means, in order to execute this Agreement. The User hereby also consents to the transfer of any personal data provided by him to "UPay" Payment service under this Agreement to third parties for the purpose of executing this Agreement.

2.3. "UPay" Payment service guarantees the User to take all necessary measures to ensure the confidentiality of the User's personal data in accordance with the requirements of the current legislation of the Republic of Uzbekistan and the Privacy Policy of personal data. The User's consent to the processing (including transfer to third parties) of his personal data is unlimited, while the consent to the processing of personal data can be withdrawn by the User at any time, in accordance with clause 6.3 of this Agreement.

2.4. The User accepts that UPay will use the cookies technology and other technologies developed by UPay to connect the User's web browser with the User's Credentials in the UPay Service and subsequent recognition in case of further access to the services on the websites of Service Providers or Users of UPay payment service connected to UPay service.

2.5. Before using UPay Service, it is necessary to fully familiarize yourself with the text of this Offer. In case of disagreement with the terms of the Offer as a whole or any part of it, the User should refrain from using UPay Service.

3. SCOPE OF AGREEMENT
3.1. Under this agreement, "UPay" Payment service provides the Users of bank cards with the opportunity to use UPay Payment service, to make payments for goods and services or works of Service Providers online, manage their bank cards, accept or send money transfers via a bank card online, as well as perform other actions provided for by the functionality of "UPay" payment service.

3.2. Use of UPay Service for Users is free.

3.3. UPay payment service may contain services that can be provided to Users on a paid basis. The activation of such services is carried out by the User independently, if desired, after reading the public offer. At the same time, when the User is given the opportunity to make a Payment for the Services of the Service Providers, for which the corresponding remuneration is provided, such remuneration is withheld in excess of the amount payable for the Payment in favor of the Service Provider in the amounts specified in the corresponding Interface of "UPay" Payment Service.

3.4. Confirmation of the Payment for the Services of the Service Provider, for which the appropriate remuneration is provided, through any of the interfaces available within the Service, is the complete and unconditional acceptance by the User of the terms of this Agreement, in accordance with Art. 370 of the Civil Code of the Republic of Uzbekistan.

3.5. In cases where the Service Provider provides for the possibility of refunding the Payment for its Services in the event of their improper provision or in other cases provided for by the Service Provider, the amount of money debited as remuneration is non-refundable in accordance with clause 3.3.

3.6. Processing of personal data provided by the User of UPay Payment service is carried out in order to properly fulfill the obligations of UPay Payment service accepted under the concluded agreements or contracts with the User, as well as agreements concluded with UPay Payment Service Partners, including:

• in order to identify or simplify the identification of the User, to provide the User with the opportunity to use all available services;
• communications;
• communication with the User, including sending notifications, requests and information regarding the use and provision of services of UPay Payment service, as well as processing requests and applications from the User, including with the subsequent transmission of such requests and applications for execution to counterparties / partners of UPay Payment service;
• improving the quality of UPay Payment services, ease of use, development of new UPay Payment services;
• carrying out statistical and other studies based on anonymized data;
• conducting marketing campaigns for Users, including for the purpose of distributing offers to participate in planned promotions initiated by UPay Payment Service together with Partners or counterparties and to receive prizes / rewards provided for by the promotion;
• distribution of advertising and informational materials through telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communication, or through direct contacts;
• targeting advertising materials and other information brought to the attention of Clients;
• prevention of conditions conducive to the performance of actions using UPay Payment Service that contradict the requirements of legislation or agreements.

4. OBLIGATIONS OF THE PARTIES
4.1. UPay Payment Service is obliged to:

4.1.1. Ensure the uninterrupted operation of UPay Payment Service, except for cases of failures in the work of third parties;

4.1.2. Take legal, organizational and technical measures to protect personal data, ensuring the integrity and safety of personal data, respecting the confidentiality of personal data, preventing illegal processing of personal data;

4.1.3. Provide information support to Users through its Call Center (71 2000085) and in other ways available to "UPay" Payment service;

4.1.4. Ensure the confidentiality of the User's personal data, as well as information constituting bank secrets in accordance with the legislation of the Republic of Uzbekistan;

4.1.5. Publish messages in the corresponding Interfaces of "UPay" Payment service: on changes to this Agreement or other significant events and news, including information about new Suppliers connected to "UPay" Payment service, as well as about changes introduced to "UPay" Payment service.

4.1.6. Participate in resolving disputes arising between the User and the Supplier and / or other Parties.

4.2. "UPay" Payment service has the right to:

4.2.1. Refuse the User to perform an operation within UPay Payment service, if such action or inaction entails a violation of the legislation of the Republic of Uzbekistan or this Agreement by UPay Payment service.

4.2.2. If the User of UPay Payment service violates the terms of this Agreement or the requirements of the current legislation, or in case of suspicion that the User of UPay Payment service is in any way involved in fraudulent transactions or money laundering operations and the financing of terrorism, as well as in other cases provided for by law, UPay Payment service has the right to unilaterally temporarily block the use of UPay Payment service until the circumstances are clarified or to terminate the Agreement at any time by sending a notice to any known UPay Payment service at the User's address or to the corresponding Interface of "UPay" Payment service.

4.2. The User:

• undertakes to comply with the requirements of this Offer;
• undertakes to independently ensure the information security of the device through which access to UPay Payment service is carried out;
• shall follow the messages for the Users of UPay Payment service, published in the corresponding interfaces of UPay Payment service. Follow the requirements contained in these messages;
• using the UPay Payment service, warrants and guarantees that he is capable, and also that he does not intend to use UPay Payment service for any fraudulent and other illegal purposes; 
• is not entitled to transfer his rights and obligations under the Agreement to third parties without prior written consent of UPay Payment Service. Any attempt at such transmission will be void;
• immediately notify of facts or suspicions regarding illegal use by third parties of the Details for access to "UPay" Payment service, including in the event of loss (loss, theft or other way of loss) of access to the mobile phone number to which "UPay" Payment service is connected.

4.3. "UPay" Payment service has the right to unilaterally make changes to this Offer, informing the User about it by publishing these changes on the website www.upay.uz, in information messages, in the interface of "UPay" Payment service or by SMS notification.

5. RESPONSIBILITY OF THE PARTIES
5.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the legislation of the Republic of Uzbekistan.

5.2. The user of UPay Payment service is solely responsible for all operations carried out by him in UPay Payment service, for the correctness of the information specified in the order for making Payments or Transfers through the appropriate UPay Payment Service Interface and does not have the right to submit to "UPay" Payment service any claims in connection with the improper performance by "UPay" Payment Service of its obligations under the Agreement, in case of indicating erroneous data in the order for making Payments or Transfers. In case of incorrect indication of the relevant information, the funds debited from the initiator of the Payment or Transfer are not refundable.

5.3. The user is fully responsible for the safety of his personal data when entering them on a device using unsecured connections, or endangered by malware and applications.

5.4. "UPay" Payment service is not responsible for improper fulfillment of the terms of the Agreement, if such failure was the result of non-fulfillment of the terms of the Agreement by the User.

5.5. "UPay" Payment service is not responsible for the quality of the Services provided to the User by the Service Providers, as well as for the obligations of the Service Providers to the Users arising in the process and in connection with the provision of the Services to the Users purchased by the User from such Service Providers.

5.6. "UPay" Payment service is not responsible for any losses incurred by the User, due to the fact that the User did not familiarize himself and (or) untimely familiarized himself with the terms of this Offer, as well as with the offers of paid services when they were activated in "UPay" Payment service.

5.7. "UPay" Payment service is not responsible for improper fulfillment of the terms of the Agreement, if such failure is caused by reasons beyond the control of "UPay" Payment service. The scope of control of UPay Payment service is limited only by the operability of UPay Payment service itself and does not include liability for failures caused by the fault of third parties, or as a result of prohibitions and restrictions imposed by state or judicial authorities;

5.8. The User does not have the right to submit to UPay Payment service a request for the return of Payments / Transfers made using UPay Payment service in the event of a loss of access to the mobile phone number to which UPay Payment service is connected until UPay Payment service receives the application from the User about its loss;

5.9. The User independently bears the risks and responsibility for any actions of third parties committed on behalf of the User from his mobile phone number to which UPay Payment service is connected, as well as using the applications and programs installed on his mobile device or using his Details for access to UPay Payment service;

5.10. In case of loss, theft or in other cases when the User does not have access to the mobile (subscriber) phone number to which UPay Payment service is connected - the User independently bears all risks and responsibility for any actions of third parties related to the use of UPay Payment service by third parties;

5.11. The entire information flow of UPay Payment service, including all content, software, functionality, materials and information available in the access, provided in connection with the request or available through UPay Payment service, is provided "as is", that is, in unchanged form, without any exceptions and additions.

5.12. UPay Payment service does not provide any assurances or guarantees in relation to services or content, materials, information and functionality available in the access of UPay Payment service or in relation to any breaches of protection related to the transfer of confidential information through UPay Payment service in cases of using UPay Payment service in ways not provided for in this Agreement.

5.13. "UPay" Payment service is not liable to the User or any third party under any circumstances for any losses and damages, including, but not limited to, loss of profits, damage to reputation or any other losses that may be incurred in connection with the purchase by the User of goods (works, services) from the Seller through UPay Payment service, as well as for any goods (works, services, information, content) purchased, received or paid for through UPay Payment service.

5.14. Each Party acknowledges that the other Party enters into this Agreement, recognizing the limitations of liability established in this Agreement, and that these limitations are the necessary basis for agreements between the parties, while neither Party shall be liable for failure to fulfill obligations or delay caused by any conditions beyond the reasonable control of such a party, including, but not limited to, such circumstances as government activities or terrorist acts, earthquakes, fires, floods or other natural disasters, situations related to working conditions, power outages and Internet disruptions.

6. TERMINATION OF THE AGREEMENT
6.1. The User has the right to refuse to execute the Agreement at any time by deleting the account in “UPay” Payment service.

6.2. The agreement is considered terminated immediately after the account is deleted. Termination of this Agreement does not mean termination of the Agreements for paid services within UPay Payment service, if such services have been activated.

6.3. The user has the right to withdraw consent to the processing of personal data by sending an email to hi@maroqand.uz.

7. DISPUTE SETTLEMENT PROCEDURE
7.1. Any dispute arising from this Agreement shall be resolved amicably, or in a complaint procedure based on a written request from the User. The term for consideration of the appeal and the requirements for its content are determined by the current legislation of the Republic of Uzbekistan.

7.2. In the event that the dispute that has arisen is not settled in a complaint procedure, it is subject to consideration in a subordinate court at the location of the defendant in the manner prescribed by the current legislation of the Republic of Uzbekistan.

7.3. Сomplaint management with Users and technical support services are provided to Users solely by receiving requests, processing them and sending responses to received requests. Users' requests are accepted by e-mail or by phone specified in section 9 of the Agreement.

8. MISCELLANEOUS
8.1. In everything that is not directly provided for by the Agreement, the parties are guided by the current legislation of the Republic of Uzbekistan and good business practices.

8.2. By accepting this Offer, the User confirms his unconditional acceptance of all the terms of the Agreement and undertakes to fulfill it.

9. DETAILS OF «MAROQAND» JSC
Address: ind. 100164, Tashkent,
Yunusabad district, Small ring road, 18A.
Tel.: +99895 309 85 00
hi@maroqand.uz | support@upay.uz
www.upay.uz