Public Offer for Using the “OSON” Service

This document constitutes an official offer—a public offer (hereinafter referred to as the Agreement) from Joint Stock Company “BRIO GROUP,” addressed, in accordance with Articles 367 and 369 of the Civil Code of the Republic of Uzbekistan, to individuals possessing legal capacity and capability to enter into this Agreement for the use of the “OSON” Service.

Terms and Definitions Used in the Agreement

In this Agreement, subsequent amendments and supplements thereto, as well as correspondence related to this Agreement, the Parties agree to the following clear interpretation of terms and definitions:

Authentication – The process of verifying the identity of an individual, determined by the Service Operator, by validating the authenticity of the provided identifier (PIN code, login, etc.), which serves as unconditional confirmation of the User's rights and obligations.

Service Operator’s Website – The website available on the Internet at www.oson.com, through which access to the Service is provided.

Identification – A special procedure for verifying the identity of the User in the Service by providing the Service Operator with information as required under the Law of the Republic of Uzbekistan “On Counteracting the Legalization of Proceeds from Crime, Financing of Terrorism, and Financing the Proliferation of Weapons of Mass Destruction.”

Login – A unique identifier of the Service User, registered in their name, used during registration in the Service and serving as a personal identifier.

Personal Account – A tool for managing the content of a registered Client in the Service, allowing the User to access information about their account balance, management functions, statistics, identification, and other data necessary for the full use of the Service.

Mobile Application “OSON” – A software product exclusively owned by the Service Operator.

Partner – A legal entity, not being a bank, or an individual entrepreneur accepting payments from the User for goods (services) under an agreement with the Service Operator and issuing the User a document confirming the payment through the Service.

Payment – The fulfillment of a monetary obligation through cash or the transfer of funds using payment instruments.

Cashback – Partial refund of payment funds to the User's bank cards or e-wallets made via the “OSON” mobile application.

User – An individual (possessing the legal capacity to enter into this Agreement) who uses the Service by accepting this Agreement, thereby acquiring rights or obligations under the laws of the Republic of Uzbekistan.

Service Operator “OSON” (hereinafter referred to as the Service Operator) – JSC “BRIO GROUP” (a payment organization licensed by the Central Bank of the Republic of Uzbekistan No. 2 dated March 2, 2024), which owns exclusive rights to the “OSON” Service and ensures its operation, including managing the Service, providing informational and technological interaction between Users and Payment Participants, and enabling the processing, transfer, and storage of payment-related information.

Service “OSON” (hereinafter referred to as the Service) – A set of software and hardware resources, technical means, and organizational-technical measures, including developed software provided for use on various platforms, including mobile applications, portable devices, the website, and other software products.

Reference: The “OSON” Service is a registered trademark (certificate MGU 51435 dated April 19, 2023), issued by the Ministry of Justice of the Republic of Uzbekistan in accordance with the Law “On Trademarks, Service Marks, and Appellations of Origin of Goods.”

1. General Provisions

1.1. The Agreement is concluded between the Service Operator and the User regarding the use of the Service's services.

1.2. This Agreement is:         
1.2.1. Public, with terms that are the same for all Users, and defines the conditions for using the devices, mobile applications, and other software products of the Service.
1.2.2. Binding for all Service Users and available in open access on the official website of the Service Operator at www.oson.com and the “OSON” mobile application.

1.3. Within its permitted activities, the company is entitled to periodically and continuously conduct non-acceptance bonus promotions and programs to attract new clients and encourage User activity in purchasing goods (services). Such promotions and programs shall provide at least 30 days for acceptance and/or preclude early withdrawal of the offer.
During the promotional period, Users of the Service are entitled to receive bonuses (points or other units) based on their activity in purchasing goods (services), partial refunds (cashback), or partial refunds in electronic money (“OSON” sums) by topping up their electronic wallets. The cashback or bonus amount for purchased goods (services) is determined by the company and displayed in the “OSON” application, in accordance with the requirements of ongoing promotions or programs published on the company's informational resources.

2. Subject of the Agreement

2.1. The subject of this Agreement, concluded with the User by accepting this offer, is the provision of services by the “OSON” Service to provide users with software and hardware resources, developed software, and permission to use such software on iOS, Android, and web platforms of the Service. The Service also provides informational, communication, and technological services for:      
2.1.1. Facilitating User payments for goods (services) offered by Partners.          
2.1.2. Enabling Users to transfer funds.       
2.1.3. Allowing Users to perform other operations available within the Service under this Agreement and/or other agreements published on the Service Operator’s website, the “OSON” mobile application, or other software products, in accordance with the legislation of the Republic of Uzbekistan.

2.2. The Service Operator’s services are provided for a fee, which the User agrees to pay in the amount and manner set forth in Section 7 of this Agreement and the Service “OSON” Tariffs (hereinafter referred to as Tariffs), published on the Service Operator’s website.

2.3. Services available from Partners for Service Users are published on the Service Operator’s website.

2.4. The Parties confirm that the Terms of Interaction of the Payment Organization JSC “BRIO GROUP” with payment system operators and payment system participants (hereinafter referred to as the Procedure), published on the official website of the Service Operator, have a higher legal effect than the terms of this Agreement.

2.5. The Service Operator may provide other services not specified in this Agreement, provided that the User accepts the terms of other agreements.

2.6. The Service Operator provides only the services specified in Clauses 2.1. and 2.2. of this Agreement and is not responsible for the execution of debits and credits of funds from the User's bank card in favor of Partners or between bank cards.
Responsibility in such cases lies with the bank issuing the User's bank card, in accordance with the terms and conditions defined in the relevant offer (agreement).

3. Procedure for Concluding the Agreement       
3.1. This Agreement is considered concluded and enters into force upon its full and unconditional acceptance by the User within the Service.

3.2. To register in the Service and accept this Agreement, the User must have a valid agreement for cellular services with a mobile operator (registered under the User's name) that provides the ability to receive and process voice calls and send/receive SMS messages.

3.3. The Service can be used after completing the registration procedure in the OSON Mobile Application and/or the official website of the Service Operator.

3.4. Full and unconditional acceptance of the terms of this Agreement, in accordance with Article 370 of the Civil Code of the Republic of Uzbekistan, is carried out by the User performing the following actions:

3.4.1. Registration of the User in the Service via the OSON Mobile Application, specifically:
a) Installing the OSON Mobile Application;
b) Entering the subscriber number in the registration form (the subscriber number provided by the User during registration will be used as the User's login when using the Service);
c) Authorizing by providing the Operator with the User’s authentication data and entering the SMS-confirmation data into the registration form after receiving it;
d) Expressing agreement (acceptance) with the terms of this Agreement by checking the box next to the text “I have read and accept the terms of the Public Offer.”

3.4.2. Registration of the User in the Service via the official website of the Service Operator, specifically:
a) Entering the electronic address of the official website of the Service Operator: http://www.oson.com into the browser's address bar;
b) Entering the subscriber number in the registration form (the subscriber number provided by the User during registration will be used as the User's login when using the Service);
c) Authorizing by providing the Operator with the User’s authentication data and entering the SMS-confirmation data into the registration form after receiving it;
d) Expressing agreement (acceptance) with the terms of this Agreement by checking the box next to the text “I have read and accept the terms of the Public Offer.”

3.5. Registration as a User in the Service is considered complete upon the correct entry of authentication data received from the Service Operator in the SMS confirmation, as specified in subsections 3.4.1 or 3.4.2 of this Agreement.

3.6. The User must fully familiarize themselves with this Agreement and the Order before using the Service. If the User disagrees with any terms or specific provisions, they may refrain from using the Service.

3.7. The User is entitled to set a PIN code as an additional means of identity verification and/or for performing specific transactions.

4. Terms of the Agreement 
4.1. By registering in the Service and accepting this Agreement and the Order, the User fully and unconditionally accepts all terms without any exceptions.

4.2. Partial acceptance of the terms of this Agreement, the Order, or other rules and conditions of use related to the Service posted on the Service Operator's website is not permitted.

4.3. This Agreement is deemed concluded between the Service Operator and the User based on:
4.3.1. The date of registration in the Service as outlined in clause 3.4 of this Agreement.
4.3.2. The location of the legal address of the Service Operator.

4.4. The User agrees to receive messages from the Service Operator to the mobile device number or other devices specified as the login during registration. The User also consents to the transfer and processing of their personal data as stipulated by the legislation of the Republic of Uzbekistan and this Agreement.

4.5. The Service Operator may amend and supplement this Agreement to increase Service fees after notifying the User in writing and/or electronically.

4.6. The User acknowledges the right of the Service Operator to unilaterally make changes and additions to this Agreement (including increased Service fees for international transactions) by publishing them on the official website of the Service Operator, which become effective upon publication.

4.7. Changes and additions to this Agreement are deemed accepted by the User upon:
4.7.1. For clause 4.5 of this Agreement - expressing agreement (acceptance) with the amendments by checking the box next to the notification text "I have read and accept the terms."
4.7.2. For clause 4.6 of this Agreement - the User's continued use of the Service as unconditional acceptance of the amendments.

4.8. If the User disagrees with the amendments to this Agreement made by the Service Operator, the User may cease using the Service, which will be considered a unilateral termination of this Agreement.

4.9. If any provision of this Agreement is deemed invalid, it does not affect the validity or applicability of the remaining provisions.

4.10. The User is personally responsible for regularly reviewing amendments and additions made by the Service Operator to this Agreement.

4.11. The User agrees that the Service Operator may engage third parties for the execution of this Agreement, granting them the same rights as the Service Operator, including those related to the User's personal data (except for exclusive rights to the Service as outlined in Section 9 of this Agreement).

5. Rights and Obligations of the Parties

5.1. The User has the right to:

5.1.1. Access and use the Service.

5.1.2. Utilize all types of services provided by the Service, including those provided by Partners.

5.1.3. Obtain full information about the Order, functions, and other features of the Service, Fees charged for the provided services, as well as other information that must be provided to the User under the legislation of the Republic of Uzbekistan.

5.1.4. Use the Service in accordance with this Agreement and the legislation of the Republic of Uzbekistan.

5.1.5. Contact the Service Operator for consultation, technical support, and other assistance regarding the operation and rules for using the Service.

5.2. The Service Operator has the right to:

5.2.1. Transfer rights and obligations under this Agreement to third parties without the User’s consent to ensure its execution.

5.2.2. Provide the User with paid and free services, information about which is posted on the official website of the Service Operator.

5.2.3. Block the User’s access to the Service in case of a violation of the provisions of this Agreement by the User.

5.2.4. Unilaterally restrict the User's access to the Service's features for technical, legal, or other reasons to eliminate issues.

5.2.5. Collect, process, transfer, and store statistical information about the use of the Service, as well as conduct surveys, questionnaires, and other activities necessary for analysis and improving the efficiency of services provided by the Service Operator. The Service Operator has other rights in accordance with the legislation of the Republic of Uzbekistan and its internal documents.

5.3. The User is obliged to:

5.3.1. Properly fulfill the terms of this Agreement.

5.3.2. Use the Service exclusively for personal purposes, not related to entrepreneurial activity, and not facilitate such use by third parties.

5.3.3. Avoid using the Service in violation of the legislation of the Republic of Uzbekistan, as well as the rights and legitimate interests of the Service Operator and other individuals or legal entities.

5.3.4. Take all measures to ensure the protection and security of the Service's features and elements, being personally responsible in case third parties gain access to the used Service.

5.3.5. Immediately notify the Service Operator or its representative at +71 207-80-81 in case of loss, theft, or unauthorized access by third parties to the Service for appropriate measures to be taken, including blocking access.

5.3.6. Take all measures to ensure the confidentiality of account information, including their login, password, personal account, personal data, and other information.

5.3.7. Be responsible for disclosing confidential information in any manner, resulting in any damages or harm caused to the Service Operator.

5.4. The Service Operator is obliged to:

5.4.1. Properly fulfill the terms of this Agreement.

5.4.2. Organize a secure communication channel in remote service systems.

5.4.3. Maintain, store, and analyze relevant event logs.

5.4.4. Exchange confidential User data over the Internet during the session in encrypted form.

5.4.5. Ensure a system of measures to reduce and control operational risks and risks associated with ensuring security while providing Service features.

5.4.6. Comply with the requirements established by the legislation of the Republic of Uzbekistan for protecting information processed using the Service.

6. Guarantees and Responsibilities of the Parties

6.1. The Service Operator and the User are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the legislation of the Republic of Uzbekistan.

6.2. The Service Operator is liable to the User only for delays in services caused by the Service, based on the User's instructions, in the form of a penalty of 0.1 percent of the overdue payment amount for each day of delay, but not exceeding 10 percent of the overdue payment amount.

6.3. The Service Operator is not responsible for losses incurred by the User as a result of:

6.3.1. Errors and/or malfunctions in the operation of portable devices, mobile applications, the website, and/or other software products ensuring the Service's functionality, due to reasons beyond the Service Operator’s control.

6.3.2. Temporary unavailability of access to platforms, mobile applications, the website, and/or other software products ensuring the Service's functionality.

6.3.3. Unauthorized actions of third parties caused by the User's fault.

6.3.4. Transfer of funds to incorrect recipients caused by the User’s fault.

6.4. The User guarantees not to take any actions aimed at:

6.4.1. Causing harm or damage to the Service Operator, Partners, or other individuals or legal entities. If the User violates the terms of this Agreement, they agree to compensate the Service Operator for any harm and/or damage caused by such actions, regardless of the nature and size of the harm and/or damage, and bear liability in accordance with the legislation of the Republic of Uzbekistan.

6.4.2. Creating, using, and distributing viruses and other malicious programs that harm the Service. In case of violation, the User is liable in accordance with the legislation of the Republic of Uzbekistan.

6.5. Unless proven otherwise, all actions are considered performed by the User if their portable devices, mobile applications, computer equipment, software, including their profile and personal account after registration in the Service, were used.

6.6. It is strictly prohibited for the User to use the Service for commercial purposes, including setting up payment collection points for goods (works, services) from the public. In case of violation, the User bears personal responsibility in accordance with the legislation of the Republic of Uzbekistan.

6.7. The User acknowledges that any payment for goods (works, services), transfers, and/or fund credits is their free-willed action, for which they bear personal responsibility under the legislation of the Republic of Uzbekistan.

6.8. The Service Operator does not guarantee that the Service and its individual features and/or elements will be error-free and meet the User’s expectations. The presence of errors and/or deficiencies leading to malfunctions or inability to operate the Service and/or its individual features on the User's mobile device or other equipment is not grounds for exchanging, returning, or repairing the User’s mobile device or other equipment.

6.9. The User is informed and agrees that their mobile device or other equipment may not support certain functional features and/or elements of the Service.

6.10. The Service Operator is not responsible for the accuracy of the information posted in the User's profile and/or personal account and does not act as the entity posting such information.

6.11. The User is responsible for all actions performed using their mobile device and/or other equipment, personal account, login, and/or password used in the Service.

6.12. Unless otherwise specified in this Agreement or other agreements, the Service Operator is not a party to transactions involving the sale, provision of works and services, or other transactions between the User and Partners. Therefore, the Service Operator is not responsible for:

6.12.1. The compliance of the transaction with the legislation of the Republic of Uzbekistan, does not influence its terms, and is not liable for its execution, termination, or consequences, including refunds for such transactions.

6.12.2. Obligations of Partners, including the sale of goods, performance of work, and provision of services, if the Service Operator’s obligations are fully and timely fulfilled.

6.13. The User promptly notifies the Service Operator of any security breaches and unauthorized third-party access to their profile and/or personal account. In case of late notification, the User bears personal responsibility for actions, inactions, and/or consequences performed through their profile or personal account.

7. Fees and Payment Procedures

7.1. The Service Operator charges commissions from the User for the provided Service features. Upon registering in the Service, identified foreign nationals and citizens of the Republic of Uzbekistan, both within and outside its territory, the cost of services from local and foreign companies participating in the registration (SMS notifications, etc.) is covered by the Service.

7.2. Commission rates for using the Service features are set by the Service Operator in the national currency "Sum."

7.3. To make payments and settlements in the Service, the User must have a deposit account in one of the banks issuing plastic cards in the Republic of Uzbekistan.

7.4. The Service does not accept advance payments.

7.5. The User bears the expenses for making payments and settlements in the Service.

7.6. The Service Operator provides the User with information about Fees before offering payment services.

7.7. The Service Operator is not entitled to initiate payment without the User's instruction.

7.8. The Service Operator determines Fees for Service commissions according to the appendix.

7.9. The Service Operator guarantees that it has the authority to act in the interest of the Partner, execute fund transfers to them on the User’s instruction, and provide the Partner with payment information.

7.10. The User submits instructions to the Service Operator to make payments from their own funds, specifying the transfer amount in favor of the Partner.

7.11. The execution of a payment or other transaction is considered complete upon receipt of a notification:

a) By the User regarding the successful completion of the payment transfer;

b) By the Partner regarding the crediting of funds.

7.12. If the User's account lacks sufficient funds, payments or other transactions will not be processed, and the User will receive a corresponding notification from the Service Operator.

8. Confidentiality and Security

8.1. The Service Operator and the User must take necessary measures to ensure the protection and security of information from leaks, disclosure, and unauthorized access, exchanged in connection with the use of the Service and/or its individual elements, as well as those available to the User in connection with the Service use.

8.2. The User must independently take necessary measures to ensure the protection and confidentiality of their information and other data, including authentication details and the provided PIN code, from unauthorized access or use of the Service by third parties.

8.3. If confidential information of the Service Operator leaks or is disclosed due to the User's fault and/or unauthorized access occurs, the User must compensate the Service Operator for damages caused by such actions, regardless of the nature and extent of the damage.

8.4. The User acknowledges that the Service Operator is not responsible for any consequences if the User shares their data with third parties, grants them access to their Service account, or fails to promptly change the password provided by the Service Operator.

8.5. The Service Operator must maintain confidentiality regarding User information, not disclose or distribute their personal data obtained in connection with the execution of this Agreement, except in cases where:

a) Such information is publicly available or disclosed with the User's consent;

b) Information must be provided to third parties to the extent necessary for executing the terms of this Agreement;

c) Information must be transferred or disclosed as required by the legislation of the Republic of Uzbekistan.

9. Right to Use the Service Product

 9.1. The exclusive rights to the Service and its individual elements (including text, design elements, graphical images, videos, illustrations, databases, software, program code, music, sounds, and other objects) belong to the Service Operator.

9.2. All rights to use the Service are granted to the User solely under this Agreement. For the purpose of executing this Agreement, the Service Operator provides the User, free of charge, with a non-exclusive right to access the Service. No ownership or proprietary rights to the Service and/or its individual elements are transferred to the User.

9.3. The use of the Service and access to it are permitted only in accordance with the terms of this Agreement, the legislation of the Republic of Uzbekistan, including those concerning intellectual property, contractual obligations, personal data, and internal documents of the Service Operator. Unless otherwise stipulated by this Agreement or directly follows from the requirements of the legislation of the Republic of Uzbekistan, the Service Operator reserves all rights to the Service.

9.4. The User is prohibited from renting, leasing, or performing other actions for the benefit of third parties regarding the Service and/or its individual elements (such as sublicensing, transferring, altering, supplementing, modifying, adapting, re-coding, translating, etc.).

9.5. The User’s rights to use the Service extend to updates, additions, and additional components that may be provided or made available during the use of the Service. The use of intellectual property objects under this Agreement is allowed only for personal, non-commercial purposes by reproducing and applying the functional capabilities of the Service.

 

10. Force Majeure

10.1. Force majeure refers to the occurrence of events beyond control, caused directly or indirectly by circumstances such as decisions of governmental authorities, wars, civil unrest, epidemics, and others, which make it impossible for the Service Operator and the User to fulfill the requirements and conditions of this Agreement.

10.2. The Parties are released from liability for non-fulfillment of mutual obligations if such non-fulfillment was caused by force majeure circumstances that could not have been prevented or foreseen prior to the acceptance of this Agreement.

10.3. The Party affected by force majeure circumstances must notify the other Party no later than ten business days from the occurrence and/or cessation of such circumstances by publishing the relevant information.

10.4. Force majeure circumstances mentioned in the notice must be confirmed by a competent authority in accordance with the legislation of the Republic of Uzbekistan.

10.5. If a Party fails to notify the other Party about the occurrence of force majeure circumstances as stipulated in clauses 10.3 and 10.4 of this Agreement, it loses the right to rely on such circumstances to justify non-fulfillment of its obligations under this Agreement.

11. Claim and Dispute Resolution Procedure

11.1. In the event of disputes or disagreements between the Service Operator and the User related to the fulfillment of the terms of this Agreement, the Parties shall make every effort to resolve them through negotiations.

11.2. In the event of disputes or disagreements between the Service Operator and the User, the provision of services under this Agreement is suspended until they are fully resolved.

11.3. If disputes or disagreements cannot be resolved through negotiations, they shall be considered by the competent court at the location of the Service Operator in accordance with the legislation of the Republic of Uzbekistan.

12. Term and Termination of the Agreement

12.1. This Agreement enters into force upon acceptance by the User of its terms and remains in effect for an indefinite period or until its termination.

12.2. The User has the right to unilaterally terminate this Agreement by deleting their profile and personal account in the Service.

12.3. The Service Operator has the right to unilaterally terminate this Agreement in case of violation by the User of the terms of this Agreement concerning obligations, confidentiality, rights to use the Service, liability, and/or the requirements of the legislation of the Republic of Uzbekistan, with mandatory written and/or electronic notification no later than three days prior to the termination of this Agreement.

12.4. The Service Operator reserves the right to block access to the User's personal account if the User does not use the Service for 60 days. To unblock the personal account, the User must re-authenticate in the Service.

13. Final Provisions

13.1. All notifications and requests from the User, as well as changes and additions to any of their data, shall be sent to the Service Operator in the form of electronic documents through the User's personal account in the Service or in the form of a document on paper.

13.2. For all matters not regulated by this Agreement, the Service Operator and the User shall follow the legislation of the Republic of Uzbekistan.

13.3. This Agreement is governed, interpreted, and applied in accordance with the legislation of the Republic of Uzbekistan.

14. Details of the Service Operator

JSC "BRIO GROUP"
Address: 100058, Tashkent, Yunusabad District,
Bogiboston MFY, Bogishamol Street, House 179
Taxpayer Identification Number (TIN): 304 408 302
Account Number: 20208000600690042002
Operating Branch: OPERA AK "ALOQABANK" Tashkent
Bank Code (MFO): 00401
Economic Activity Code (OKED): 63 110
Phone: +998-71-207-80-81