PUBLIC OFFER
This Offer Agreement is an official public written offer (proposal) by JSC “BRIO GROUP” (hereinafter referred to as the “Organizer”), addressed to all interested parties (hereinafter referred to as “Clients”), collectively referred to as the Parties, to conclude an Agreement under the terms defined in this document for participation in the coalition loyalty program “BONUS” (hereinafter referred to as the “Program”). The text of this Offer Agreement constitutes a public offer in accordance with Article 369 of the Civil Code of the Republic of Uzbekistan and Article 367 of the Civil Code of the Republic of Uzbekistan.
The subject of this Offer Agreement is the opportunity for Clients to receive incentives provided by the Organizer of the Program (hereinafter referred to as the “Organizer”). The Organizer offers Clients incentives for making purchases, acquiring goods, works, and services of Partners at their trade and service enterprises through the OSON payment system.
1. PROCEDURE FOR CONCLUDING THE AGREEMENT (Acceptance of the Offer)
1.1. Since this Offer Agreement is a public offer (proposal) by the Organizer to conclude an agreement and is published on the official website of the Program on the Internet at oson.com, the Offer Agreement is deemed concluded at the moment the Client accepts the Organizer's offer.
1.2. The Organizer and the Client agree that the acceptance of the offer (acceptance of the proposal to conclude this Offer Agreement) is evidenced by the physical person (applicant) performing one of the following actions:
1.2.1. The first use of the OSON system at the moment of making a purchase at a trade and service enterprise of any Program Partner.
1.2.2. Activation of a virtual Card by one of the following methods: activation via the Program’s website by performing the sequential actions described on the Program’s website in the corresponding section; by contacting the call center (Client service center) of the Program; or by any other method specified on the Program’s website and/or in the Program’s reference and informational materials.
1.3. By accepting, the Client confirms that they: are fully informed and agree with the terms of this Offer Agreement; are fully acquainted with the conditions for earning and accumulating Bonuses and other incentives for purchases, received works, and services through the OSON payment system.
1.4. From the moment the physical person performs the actions specified in clause 1.2, the physical person becomes a Participant of the Program – a Client. Confirmation of the actions performed (acceptance of the Offer Agreement) is the reflection of the corresponding transactions on the Client's Virtual Card in the System (OSON).
1.5. The Organizer reserves the right to refuse participation in the Program to a physical person in the event of the absence of technical or other capabilities for participation at the time of application.
2. TERMS AND DEFINITIONS
Activation of the Virtual Card – Performing sequential actions described on the Website in the relevant section. A Virtual Card is considered activated when the following conditions are met: registration and execution of payments through the OSON payment system; the personal data of the individual indicated on the Website as mandatory fields for activating the Virtual Card; attachment of the current phone number of the individual activating the Virtual Card to the Card. Only one Virtual Card can be activated per phone number.
Promotions – Marketing activities carried out by the Organizer to foster and enhance Client loyalty.
Virtual Card Balance/Virtual Card Balance Remainder – The total result of all bonus operations on the Virtual Card from the moment of first use of the OSON payment system services up to the present time.
Bonus Operation – Operations involving the accrual, deduction, including non-consensual deduction, of Bonuses from the Virtual Card, resulting in changes to the Virtual Card Balance.
Non-Consensual Deduction of Bonuses – The operation of deducting Bonuses previously credited to the Client’s Virtual Card at the Organizer’s initiative, without the ability to exchange Bonuses for Partner Discounts or to receive other rewards within the framework of the Program.
Bonus Accrual – Operations that increase the number of Bonuses on the Virtual Card.
Bonus Deduction – Operations that decrease the number of Bonuses on the Virtual Card, including Non-Consensual Deduction of Bonuses.
Bonuses – Virtual conditional units credited to the Client’s Virtual Card for the purchase of goods (services, works) made through the OSON payment system. Bonuses are conditional accounting units used within the Loyalty Program. Bonuses are accumulated by the Client-Participant when making payments for goods and services through the system. One (1) Bonus equals one (1) Uzbekistani Sum. Bonuses are used for accounting purposes and are not a payment method; they cannot be redeemed for monetary equivalents.
Offer Agreement – An agreement concluded between the Organizer and an individual in accordance with Article 369 of the Civil Code of the Republic of Uzbekistan and Article 367 of the Civil Code of the Republic of Uzbekistan, published on the official Program Website at www.oson.com. The Offer Agreement is deemed concluded at the moment the Participant – an individual (Client) – accepts the Organizer’s offer. The Offer Agreement establishes the rules for participation in the Program for individuals – Clients of the Program.
Program Virtual Card (Virtual Card) – A virtual card registered in the Organizer’s System. The Card is designed to identify the Client in the System and provide them with Bonuses from the Organizers when paying for goods (services, works) through the OSON payment system.
Personal Account – An information section hosted on the Program Website that provides Client access to the System to view information about their Virtual Card (transaction history, Virtual Card Balance, personalized offers, Client questionnaire data, etc.).
Virtual Card Maintenance – The performance of operations using the Virtual Card (Card activation, authorization, Client identification, accrual and deduction of Bonuses, blocking of the Virtual Card, etc.) as provided for by the Program.
Loyalty Program “BONUS” (Program) – A consumer loyalty program based on the system of accumulating and using Bonuses and providing Clients with rewards (including, but not limited to, discounts, Bonus accruals, cashbacks, etc.) from Program Organizers. Rewards are provided to Clients by Organizers for making purchases at the trade and service enterprises of the specified Partners using the OSON payment system. According to Article 369 of the Tax Code of the Republic of Uzbekistan, income not included in the aggregate income is recognized as income in cash or in kind received as a result of the taxpayer's participation in programs aimed at increasing customer activity in purchasing goods and services and providing for the accrual or receipt of bonuses (points, other units characterizing customer activity in purchasing goods (services) under the terms established in the respective program based on the terms of a public offer, which does not provide for an acceptance period of less than thirty days and/or provides for the possibility of early withdrawal of the offer.
Program Website – An informational resource of the Program located on the Internet at www.oson.com. The Website is intended for the placement of reference, informational, and promotional materials of the Program and for providing the Client with access to information about their Virtual Card through their Personal Account.
OSON Payment System – A set of software and hardware tools ensuring interaction between the Program Participants. This is a specialized banking software complex developed and owned by JSC “BRIO GROUP” (OSON), intended for providing internet acquiring services, specifically organizing the acceptance and processing of payment information carried out using the Client’s bank card for goods, services, works, and digital/electronic content.
Trade and Service Enterprise/Trading Facility – Geographically separate subdivisions (stores, retail outlets, service locations, etc.) of Partners that sell goods (works, services).
Program Participants – The Participants of the Program include: the Program Organizer and individuals (Clients).
Partners – Legal entities and individual entrepreneurs participating in the OSON payment system. A complete and up-to-date list of Program Partners is published on the Program Website by the Organizer.
Organizer – Joint Stock Company “BRIO GROUP” (JSC “BRIO GROUP,” legal address: 100058, Tashkent, Yunusabad district, Bogiboston MFY, Bogishamol street, building 179), ensures interaction between Participants, coordinates, develops, and maintains the Program, determines the Program Rules and participation conditions, organizes the informational and technical support of the Program Participants. The Organizer holds exclusive rights to manage and develop the Program.
Clients – Individuals aged 18 years or older who have voluntarily agreed to join the Program by accepting the Offer Agreement. The Client grants the Organizer the right to store, process, and use their personal data provided by filling out the corresponding forms on the official Program Website or through Call Center operators. Clients are informed that when they call the Call Center, phone conversations with the operator are recorded. A Client can only be an individual who pays for goods (works, services) through the OSON payment system.
Program Call Center (Call Center) – The Program’s telephone service center for Clients, providing informational support on issues such as Virtual Card activation, Virtual Card blocking, Virtual Card Balance, Virtual Card maintenance terms, ongoing Promotions, registration of inquiries about technical issues, and other questions regarding Client participation in the Program. The Call Center phone number is listed on the Program Website. Phone conversations with the Call Center operator are recorded during calls.
3. TERMS OF PARTICIPATION IN THE PROGRAM
3.1. Participation in the Program for Clients is free of charge.
3.2. Any legally competent individual becomes a Participant of the Program as a Client upon accepting the Offer Agreement.
3.3. The Offer Agreement (hereinafter referred to as the Agreement) is concluded by an individual joining this Agreement through acceptance of the public offer published on the Program Website, in accordance with Articles 369 and 367 of the Civil Code of the Republic of Uzbekistan. Acceptance of the offer (agreement to enter into the Agreement) is confirmed by the individual (applicant) performing one of the following actions:
3.3.1. The first use of the OSON payment system at the time of making a purchase at a trade and service enterprise of any of the Program Partners.
3.3.2. Activation of the Virtual Card through one of the following methods: via the Program Website by performing sequential actions described on the relevant section of the Program Website.
3.4. An individual becomes a Participant of the Program – a Client. Confirmation of the actions specified above (acceptance of the Offer Agreement) is reflected in the transaction log of the System.
3.5. The Organizer reserves the right to refuse an individual (applicant) participation in the Program in cases of technical or other limitations at the time of application or failure to meet all necessary requirements for activation in the system as provided for by the activation terms.
3.6. By performing actions aimed at joining the Program, as well as actions related to accruing, deducting Bonuses, and/or receiving other rewards under the Program, the individual/Client confirms that they have reviewed, agreed to, and undertake to comply with the terms of this Agreement.
3.7. Under the Program, Clients accumulate Bonuses, use them for rewards as provided for by the terms of the Program, as well as by the terms of Promotions published by the Organizer on the Program Website.
3.8. Clients may utilize the Bonuses accumulated on their Card only if the conditions specified in Clause 6.8 of this Agreement are met, and in cases where the Virtual Card is activated, valid, and technically functional. If the Client is blocked, the Client is not entitled to use the Bonuses stored on the Virtual Card for the entire duration of the blocking period.
3.9. The terms of participation in the Program, the procedure for servicing Virtual Cards, and other conditions for Clients are published by the Organizer on the Program Website.
4. PROGRAM CARD AND ITS SERVICING
4.1. The Virtual Card is used by the Client to receive special service conditions from the Organizers.
4.2. The amount of Bonuses credited may depend on the status of the Virtual Card. The rules for Bonus accrual are published by the Organizer on the Website. The specifics of the rules for providing and accruing Bonuses should be clarified with the Organizer providing them.
4.3. At the Client’s request, several additional Cards may be linked to their Virtual Card. The linking of additional Cards is carried out based on a Client request. A request for Card consolidation is submitted by the Client on the Program Website, with mandatory consent confirmation for Card consolidation from each of the Clients whose Cards are being consolidated.
4.4. The Organizer has the right to block the Virtual Card in the following cases:
4.4.1. Violation by the Client of the terms of this Agreement.
4.4.2. Receipt by the Organizer of complaints from other Clients, Partners, and/or third parties regarding the Client’s violation of this Agreement and other Program participation terms.
4.4.3. Detection of activities prohibited by the legislation of the Republic of Uzbekistan.
4.4.4. The presence of suspicions and/or information indicating fraudulent activities involving the use of the Virtual Card.
5. TERMS FOR RECEIVING DISCOUNTS AND BONUS ACCRUALS
5.1. To receive and/or accrue Bonuses, it is necessary to register purchases for goods, completed works, and provided services through the OSON payment system.
5.2. The Organizer is not responsible for any delays in Bonus accruals caused by the Client’s incorrect registration of purchases through the OSON payment system.
5.3. The provision and accrual of Bonuses to Program Clients for purchased goods (services, works) through the OSON payment system are carried out in accordance with the conditions set by the Organizers.
5.4. The rules for Bonus accruals when purchasing goods (services, works) from different Partners may vary. These differences may include: the types of Client actions eligible for Bonus accruals, the accrual scale, the presence of various thresholds—quantitative and/or qualitative indicators of Client actions upon achieving which Bonuses can be accrued, restrictions on Bonus accruals, and the terms of promotions conducted by the Organizers.
6. TERMS FOR BONUS DEDUCTIONS
6.1. Bonuses cannot be received in cash or via non-cash funds.
6.2. The Organizer reserves the right to block Bonus deduction transactions from the Client's Virtual Card at any time if the Client violates the terms of this Agreement or in cases where fraudulent activities are suspected or identified in transactions involving the Client's Virtual Card.
6.3. The terms for Bonus deductions are published by the Organizer on the Program Website.
6.4. In cases of erroneous Bonus accruals, including those due to technical failures in software operations, communication channels, or other technical malfunctions, the erroneously accrued Bonuses will be deducted without the Client’s consent (Non-acceptance Bonus Deduction).
6.5. In cases of fraudulent actions or dishonest acts or omissions by Clients and/or third parties, all Bonuses stored on such Virtual Cards will be deducted without consent (Non-acceptance Bonus Deduction).
6.6. If more than three (3) months have passed since the last transaction on a Virtual Card, all Bonuses stored on the Virtual Card will be deducted without consent (Non-acceptance Bonus Deduction).
6.7. In the event of Program termination initiated by any party, including a third party, or due to changes in the applicable legislation of the Republic of Uzbekistan, all Bonuses stored on all cards registered in the Program will be deducted without consent (Non-acceptance Bonus Deduction).
6.8. The right to demand special service conditions and Bonus provision from the Organizer can only be exercised by the Client after the Client’s questionnaire data has been entered into the System and the Virtual Card has been activated.
7. PROCEDURE FOR RESOLVING CLIENT CLAIMS
7.1. If the Client submits a claim to the Organizer related to Bonus accruals on the Virtual Card or any other claim related to the use of the Virtual Card, the Organizer undertakes to make every effort to promptly determine the causes of such claims. If the reasons for the claims are errors in the System caused by the Organizer or technical failures on the System side, the Organizer is obligated to independently and at their own expense eliminate the causes and resolve the Client's claims within no more than thirty (30) calendar days from the date of receiving the claim. The Organizer is committed to making every effort to resolve such claims promptly.
7.2. The Organizer's liability to the Client for breach of the Agreement terms in the event of any claim related to Bonus accruals on the Client's Virtual Card is limited to crediting the appropriate number of Bonuses to the Client's Virtual Card.
8. OBLIGATIONS OF THE PARTIES
8.1. The Organizer is obliged to:
8.1.1. Not disclose information about Clients and payment amounts, except in cases where the legislation of the Republic of Uzbekistan requires the provision of such information to an authorized government body or when such information is public or disclosed based on the Client’s consent.
8.1.2. Activate the Virtual Card, provided that the requirements of this Agreement are met.
8.1.3. Ensure the placement of information about Partners on the Website. Publish on the Website the terms for accruing Bonuses and other rewards for Clients.
8.1.4. Provide technical support for Virtual Cards: perform activation, blocking, and unblocking of Virtual Cards upon the Client's request; provide information on transactions using the Client's Virtual Card upon the Client's request.
8.2. The Client is obliged to:
8.2.1. Comply with the terms of this Agreement and other Program conditions published by the Organizer on the Program Website.
8.2.2. Not use the Virtual Card for illegal purposes, infringe upon the rights of third parties, or purchase goods (works, services) for entrepreneurial activities prohibited for sale under the legislation of the Republic of Uzbekistan.
8.2.3. Familiarize themselves with the terms for purchasing goods (services, works) through the OSON payment system and the Program’s conditions and promotion terms before purchasing goods (works, services) from Partners using the Virtual Card.
8.2.4. Independently monitor changes and amendments to this Agreement, Rules, and conditions for servicing Virtual Cards by the Organizers, as published on the Website. Any actions taken by the Client related to the use of the Virtual Card (Bonus accruals, rewards, participation in promotions, etc.) after the changes take effect confirm the Client’s acceptance of the changes (new version).
8.2.5. Fulfill other obligations related to the Client's participation in the Program.
9. CLIENT RIGHTS
As part of the Program, the Client has the right to:
9.1. Receive discounts, prizes, benefits, special offers, and other rewards from the Organizers as stipulated.
9.2. Obtain information about the Program and its terms in one of the following ways: on the Program Website or by contacting the call center. The method of providing such information is determined by the Organizer.
9.3. Use the Bonuses accrued on their Virtual Card at their discretion within the framework of the opportunities provided by the Program.
9.4. Terminate their participation in the Program and cancel this Agreement as outlined in clause 10.3.1 of this Agreement.
10. PROCEDURE FOR AMENDING AND TERMINATING THE AGREEMENT
10.1. Amendments and additions to this Agreement, as well as changes to the Rules for using the Virtual Card, are made by the Organizer unilaterally by posting the changes on the Program Website. For significant amendments and additions, the Organizer notifies Clients about them on the Program Website or through another method stipulated in this Agreement, no less than one (1) day before the changes (new version) take effect.
10.2. This Agreement is valid for the entire duration of the Program’s implementation.
10.3. Procedure for terminating the Agreement:
10.3.1. The Client has the right to terminate their participation in the Program and cancel this Agreement unilaterally in the event of disagreement with the terms of the Agreement, the Rules, or changes made to them. In case of voluntary termination of participation in the Program by the Client, the Bonuses accrued on their Card expire (subject to Non-acceptance Deduction). Voluntary termination of the Agreement and withdrawal from the Program by the Client is considered valid upon the Organizer's receipt of a written notice of termination from the Client delivered to the Organizer’s office or its representative. The addresses of the Organizer and its Representatives are listed on the Program Website.
10.3.2. The Organizer reserves the right to suspend or terminate the implementation of the Program at any time by notifying Clients 30 (Thirty) calendar days in advance through the Program Website. During the period when the Program is suspended and from the date of its termination (if the Program is terminated), the Organizer does not accrue or deduct Bonuses and suspends/ceases its obligations under the Agreement. In the event of Program termination and non-use of Bonuses by Clients within 30 (Thirty) calendar days from the date the termination notice is posted on the Website, all Bonuses stored on the Clients’ Virtual Cards are fully annulled. In this case, the Organizer does not make any payments or compensations to Clients.
10.3.3. The Agreement may be terminated in other cases provided for by the current legislation of the Republic of Uzbekistan.
11. LIABILITY OF THE PARTIES
11.1. In cases of non-performance or improper performance of their obligations under the Agreement, the Parties shall bear liability in accordance with the legislation of the Republic of Uzbekistan, taking into account the provisions of this Agreement.
11.2. The Organizer shall not be liable for any indirect/secondary losses or lost profits of the Client or third parties resulting from participation in the Program.
11.3. The Organizer shall not be responsible for malfunctions, errors, or failures in the software and hardware complex that ensures the functioning of the System, as well as for the temporary lack of access by the Client to software and/or hardware means arising due to reasons beyond the Organizer’s control, or for the Client's losses associated with these issues.
11.4. The Organizer shall not be liable for losses incurred by the Client as a result of:
- The presence of "viruses" and other malicious programs in the equipment and software used by the Client to access the System;
- Incorrectly filled-in details in documents used in the System, including the incorrect entry of the Client’s personal data;
- Unauthorized actions of third parties made possible through the fault of the Client, including the loss of the Card or its transfer to third parties.
11.5. The Organizer's liability to the Client for breach of the terms of this Agreement in the event of any claim related to the accrual of Bonuses to the Client's Virtual Card is limited to the proper accrual of the required number of Bonuses to the Client's Card.
11.6. The Organizer shall not be responsible for the quality, order, and terms of goods (services, works) provided by Partners. All claims regarding the quality of sold goods, rendered services, or performed works should be addressed directly to the Partners in accordance with the applicable legislation of the Republic of Uzbekistan, particularly the Law "On Consumer Protection."
12. DISPUTE RESOLUTION
12.1. All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved with mandatory adherence to the pre-trial claims procedure.
12.2. A claim against the Organizer shall be submitted in writing and considered within 30 (Thirty) calendar days from the date of its receipt. If no agreement is reached between the Parties and it is impossible to resolve the dispute through negotiation, the dispute shall be resolved in a court at the Organizer's location in accordance with the applicable legislation of the Republic of Uzbekistan.
13. MISCELLANEOUS PROVISIONS
13.1. The use of the name “BONUS,” as well as other logos, brands, and products described and published on the Program Website and other Program documents, is prohibited without the written consent of the Organizer.
13.2. The Organizer has the right to establish the Program Rules, System operation conditions, and Client participation conditions in the Program. The Organizer may unilaterally amend the existing Rules and Agreement.
13.3. For the implementation of the Program, the Organizer has the right to involve third parties on a remunerated or non-remunerated basis.
13.4. By entering into this Agreement, the Program Participant—Client, under applicable legislation, grants the Organizer the right to store and process the Client's personal data to implement the Program and to advertise the goods (works, services) of the Partners and/or the Organizer.
13.5. By entering into this Agreement, the Participant—Client consents to receiving promotional, commercial, and other information from the Organizer related to the implementation of the Program and the participation of Partners in the Program (including their marketing activities).
13.6. The Program Participants agree to recognize electronic documents generated through the System (requests, orders, applications, account records, Client’s personal data, etc.), including documents completed and generated on the Program Website or via SMS messages, as documents prepared in simple written form.
13.7. The Program Participant—Client confirms that all terms of this Agreement are clear to them and that they accept them unconditionally and in full.
ORGANIZER DETAILS
JSC “BRIO GROUP”
Address: 100058,
Tashkent, Yunusabad District,
Bogiboston MFI, Bogishamol Street, 179
TIN: 304 408 302
Phone: +998-71-207-80-81
Tashkent
"20" February 2024