Public Offer on the Use of the “OSON” Service (Identification)
This document is an official offer – a public offer (hereinafter referred to as the Agreement) of the Joint-Stock Company “BRIO GROUP,” addressed to an individual with the right and capacity to enter into this Agreement for the use of the “OSON” Service, in accordance with Articles 367 and 369 of the Civil Code of the Republic of Uzbekistan.
Terms and Definitions Used in the Agreement
In this Agreement, subsequent amendments and supplements thereto, and correspondence under this Agreement, the Parties agree on the following unambiguous interpretation of terms and definitions:
Authentication – The process of verifying the authenticity of an individual, as determined by the Service Operator, through the validation 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 located on the Internet at www.oson.com, through which access to the Service is provided.
Identification – A special procedure for verifying the User's identity in the Service by providing the information required by the Law of the Republic of Uzbekistan "On Combating Legalization of Proceeds from Crime, Terrorism Financing, and Financing of Weapons of Mass Destruction Proliferation."
Login – A unique identifier of the Service User, registered in their name, used during registration in the Service, and serving as their personal identifier.
Personal Account – A tool for managing the content of a registered Client within the Service, enabling the User to access information about the account balance, management functions, statistics, identification, and other data necessary for the full use of the Service.
“OSON” Mobile Application – A software product exclusively owned by the Service Operator.
Partner – A legal entity that is not a bank or an individual entrepreneur accepting payments from the User for goods (works, services) based on an agreement with the Service Operator and issuing the User a document confirming their payment through the Service.
Payment – The fulfillment of a monetary obligation using cash or transferring funds through payment instruments.
User – An individual (with the legal capacity to enter into this Agreement) using the Service by accepting this Agreement, who, under the terms of this Agreement, acquires the right or obligation to make settlements in accordance with the legislation of the Republic of Uzbekistan.
“OSON” Service Operator (hereinafter referred to as the Service Operator) – Joint-Stock Company “BRIO GROUP” (a payment organization licensed by the Central Bank of the Republic of Uzbekistan No. 2 dated March 2, 2024), which holds exclusive rights to the “OSON” Service and ensures its management, as well as information and technological interaction between Users and Payment Participants. The Operator ensures the Service’s operation through the collection, processing, transmission, and storage of information regarding payments and other operations.
“OSON” Service (hereinafter referred to as the Service) – A set of software and technical tools, organizational and technical measures, used on portable device platforms, mobile applications, websites, and other software products. The Service provides electronic solutions enabling Users to make payments and perform other operations in accordance with the legislation of the Republic of Uzbekistan.
Reference: The “OSON” Service is a registered trademark and service mark, MGU 51435, dated April 19, 2023, issued by the Ministry of Justice of the Republic of Uzbekistan in accordance with the Law of the Republic of Uzbekistan "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 for 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 define the conditions for the use of devices, mobile applications, and other software products of the Service.
1.2.2. Mandatory for all Service Users and published in open access on the official website of the Service Operator at www.oson.com and in the "OSON" mobile application.
2. Subject of the Agreement
2.1. The subject of this Agreement, entered into by the User through the acceptance of this offer, is the provision of services by the Service Operator to the User for the use of the Service (including any subsequent modifications, additional features, and usage parameters), including ensuring information and communication and technological interaction (including collection, processing, transmission, and storage of information) between the User and other Payment Participants for the following purposes:
2.1.1. To enable the User to make payments for goods (works, services) offered by Partners.
2.1.2. To enable the User to perform money transfers.
2.1.3. To allow the User to perform other operations available in the Service under the terms of this Agreement and/or other agreements posted on the Service Operator's website, the "OSON" mobile application, and other software products, in accordance with the legislation of the Republic of Uzbekistan.
2.2. The services provided by the Service Operator are paid services, for which the User agrees to pay the Service Operator in the amount and manner established in Section 7 of this Agreement, as well as in accordance with the “OSON” Service Commission Tariffs (hereinafter referred to as Tariffs), published on the Service Operator's website.
2.3. The services offered by the Partners and available to the Users are listed on the Service Operator's website.
2.4. The Parties confirm that the terms of the “Procedure for Interaction of the Payment Organization JSC ‘BRIO GROUP’ with Payment System Operators and Participants of Payment Systems” (hereinafter referred to as the Procedure), published on the official website of the Service Operator, hold superior legal authority over the terms of this Agreement.
2.5. The Service Operator may provide additional services not specified in this Agreement if 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 debiting or crediting the respective funds from the User's bank card to Partners or from one bank card to another.
Responsibility for such transactions lies with the bank that issued the User's bank card, in accordance with the terms and procedures specified in the relevant offer (agreement).
3. Procedure for Concluding the Agreement
3.1. This Agreement is considered concluded and takes effect upon its full and unconditional acceptance by the User in the Service.
3.2. To register in the Service and accept this Agreement, the User must have a valid contract for mobile communication services with a mobile communication operator (registered in the User's name). This contract must allow the User to receive and process voice calls as well as to send and receive SMS messages using their subscriber number.
3.3. The use of the Service is possible after completing the registration procedure in the "OSON" Mobile Application and/or on the official website of the Service Operator.
3.4. The 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 evidenced by the User performing the following actions:
3.4.1. Registration by the User in the Service via the "OSON" Mobile Application, specifically:
a) Installing the "OSON" Mobile Application;
b) Entering the subscriber number into the registration form (the subscriber number provided by the User during registration will be used as the User’s name (“login”) when using the Service);
c) Authorizing by providing the User’s authentication data to the Service Operator, as well as entering the data received via SMS confirmation into the registration form;
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 by the User in the Service via the official website of the Service Operator, specifically:
a) Entering the URL of the official website of the Service Operator in the address bar of the Internet browser: http://www.oson.com;
b) Entering the subscriber number into the registration form (the subscriber number provided by the User during registration will be used as the User’s name (“login”) when using the Service);
c) Authorizing by providing the User’s authentication data to the Service Operator, as well as entering the data received via SMS confirmation into the registration form;
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 after the User correctly enters the authentication data received from the Service Operator via SMS confirmation, in accordance with subparagraphs 3.4.1 or 3.4.2 of this Agreement.
3.6. Before using the Service, the User must familiarize themselves with this Agreement and its terms in full. If the User disagrees with its terms and/or specific provisions, they may refrain from using the Service.
3.7. The User is provided the option to set a PIN code as an additional means of identity confirmation and/or for performing specific operations.
4. Terms of the Agreement
4.1. By registering in the Service, the User fully accepts this Agreement and the Terms without any exceptions or omissions.
4.2. Partial acceptance of the terms of this Agreement, the Terms, or any other rules and conditions of use related to the Service, published 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, in accordance with the procedure outlined in clause 3.4 of this Agreement.
4.3.2. The location of the Service Operator’s registered legal address.
4.4. The User agrees to receive messages from the Service Operator at the mobile phone number or other device specified as the login during User registration and consents to the transfer and processing of their personal data in accordance with the laws of the Republic of Uzbekistan and this Agreement.
4.5. The Service Operator may amend or supplement this Agreement, including increasing Service fees, following written and/or electronic notification to the User.
4.6. The User acknowledges the Service Operator's right to unilaterally amend or supplement this Agreement (including increasing the Service fees for international payments) by publishing the changes on the Service Operator’s official website. These changes take effect after being published.
4.7. Amendments and additions to this Agreement are considered effective once the User performs the following actions:
4.7.1. For clause 4.5 of this Agreement – expressing agreement (acceptance) with the changes and additions to this Agreement 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 – continuing to use the Service, which constitutes unconditional acceptance of the changes and additions made to this Agreement.
4.8. If the User disagrees with the changes and additions made by the Service Operator to this Agreement, the User may discontinue using the Service. This will be regarded as a unilateral termination of this Agreement by the User.
4.9. If any provision of this Agreement is deemed invalid, it does not affect the validity or enforceability of the remaining provisions of this Agreement.
4.10. The User is personally responsible for regularly reviewing changes and additions made by the Service Operator to this Agreement.
4.11. The User agrees that, to fulfill this Agreement, the Service Operator has the right to involve third parties, who will have the same rights as the Service Operator, including with regard to the User's personal data (except for the exclusive rights to the Service specified 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 the use of the Service.
5.1.2. Use all types of services provided by the Service, including those offered by Partners.
5.1.3. Receive complete information about the Terms, functions, and other features of the Service, the Fees charged for the services provided, as well as other information that, in accordance with the legislation of the Republic of Uzbekistan, must be made available to the User.
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 of using the Service.
5.2. The Service Operator has the right to:
5.2.1. Transfer the rights and obligations under this Agreement to third parties without the User's consent to ensure its fulfillment.
5.2.2. Provide both paid and free services to the User, with information about such services posted on the official website of the Service Operator.
5.2.3. Block the User's access to the Service in case of the User's violation of the provisions of this Agreement.
5.2.4. Unilaterally restrict the User's access to the Service's features due to technical, legal, or other reasons until such issues are resolved.
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 also 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 activities and in compliance with this Agreement, ensuring that such use is not facilitated for third parties.
5.3.3. Refrain from 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 necessary measures to ensure the protection and security of the Service's features and elements, bearing personal responsibility if third parties gain access to the Service being used.
5.3.5. Immediately inform the Service Operator or its representative at the number +998 71 207-80-81 in case of loss, theft, or third-party acquisition of access to the Service, so that appropriate measures, including blocking, can be taken.
5.3.6. Take all necessary measures to ensure the confidentiality (secrecy) of information about their account, including their login, password, personal cabinet, personal data, and other information.
5.3.7. Bear responsibility for any disclosure of confidential information by any means, as well as for any losses and damages caused to the Service Operator as a result.
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 the ability to manage, store, and analyze relevant event log records.
5.4.4. Exchange confidential User data over the Internet during communication sessions in encrypted form.
5.4.5. Implement a system of measures to reduce and control operational risks and risks associated with ensuring security when providing Service services.
5.4.6. Fulfill the requirements established by the legislation of the Republic of Uzbekistan regarding the protection of information processed using the Service.
6. Warranties and Liabilities of the Parties
6.1. The Service Operator and the User shall be held 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 shall be liable to the User solely for delays in the provision of services caused by the Service's fault based on the User's instructions, in accordance with the terms of this Agreement, 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 shall not be liable for losses incurred by the User as a result of:
6.3.1. Errors and/or failures in the operation of portable devices, mobile applications, the website, and/or other software products ensuring the operation of the Service, caused by reasons beyond the control of the Service Operator.
6.3.2. Temporary unavailability of access by the User to platforms of portable devices, mobile applications, the website, and/or other software products ensuring the operation of the Service.
6.3.3. Unauthorized actions by third parties due to the fault of the User.
6.3.4. Credit of funds to incorrect recipients due to the fault of the User.
6.4. The User warrants that they will not engage in any actions aimed at:
6.4.1. Causing harm or damage to the Service Operator, Partners, or other individuals and legal entities. In case of breach of this Agreement, the User agrees to compensate the Service Operator for harm and/or damage caused by such actions, regardless of the nature and amount of such harm and/or damage, and shall be held liable in accordance with the legislation of the Republic of Uzbekistan.
6.4.2. Creating, using, and distributing viruses or other malicious programs that cause harm and/or damage to the Service. In case of breach of this Agreement, the User shall be held liable in accordance with the legislation of the Republic of Uzbekistan.
6.5. Unless proven otherwise by the User, any actions shall be deemed performed by the User if carried out using their portable devices, mobile applications, computer equipment, and other software products or technologies, including their profile and personal account after registering as a User of the Service.
6.6. The User is strictly prohibited from using the Service for commercial purposes, including establishing payment acceptance points for goods (works, services) from the public. In case of breach of this Agreement, the User shall bear personal liability in accordance with the legislation of the Republic of Uzbekistan.
6.7. The User acknowledges that any payment for goods (works, services), transfers, or crediting of funds made by them is their own free will, for which they bear personal liability in accordance with the legislation of the Republic of Uzbekistan.
6.8. The Service Operator does not guarantee that the Service and its specific features and/or elements will be free from errors and will function in accordance with the User's expectations. The presence of errors and/or deficiencies, including those leading to malfunctions or unavailability of the Service and/or its specific features and/or elements on the User's mobile device or other equipment, shall not be grounds for exchange, return, or repair of 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 features and/or elements of the Service.
6.10. The Service Operator is not responsible for the accuracy of information posted in the User's profile and/or personal account and is not the entity placing 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 for the sale of goods, provision of services, or other agreements between the User and Partners. Accordingly, the Service Operator is not liable for:
6.12.1. Compliance of the transaction with the legislation of the Republic of Uzbekistan, does not influence its terms, and is not responsible for its conclusion, execution, or termination, including issues related to refunds for such transactions.
6.12.2. Obligations of the Partner to the User, including the sale of goods, performance of works, and provision of services, if the Service Operator's obligations have been fully and timely fulfilled.
6.13. The User shall immediately notify the Service Operator of any breaches of security or unauthorized access by third parties to their profile and/or personal account. If the Service Operator is not notified in a timely manner, the User shall bear personal responsibility for actions, inactions, and/or consequences carried out through their profile or personal account.
7. Fees and Payment Procedure
7.1. The Service Operator charges fees to the User for the services provided by the Service.
7.2. The fee amounts for using the Service are set by the Service Operator in the national currency, "sum."
7.3. To make payments and transactions through the Service, the User must hold a deposit account with one of the banks issuing plastic cards within the Republic of Uzbekistan.
7.4. The Service does not engage in advance payment acceptance activities.
7.5. The costs associated with making payments and transactions through the Service are borne by the User.
7.6. Before providing payment services, the Service Operator informs the User about the applicable fees.
7.7. The Service Operator is not authorized to initiate a payment without the User's instruction.
7.8. The Service Operator determines the fees for the Service in accordance with the fee schedule attached.
7.9. The Service Operator guarantees it has the authority to act in the interest of the Partner, process funds transfers to them based on the User's instructions, and transmit payment information to the Partner.
7.10. The User sends an instruction to the Service Operator to make a payment using their own funds, specifying the transfer amount, in favor of the Partner.
7.11. A payment or other transaction is considered complete upon receiving a notification in electronic or paper form:
a) By the User confirming the successful completion of the payment transfer;
b) By the Partner confirming the receipt of funds.
7.12. If there are insufficient funds in the User’s account, payments or other transactions will not be processed, and the User will receive a 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 against leakage, disclosure, and unauthorized access. This applies to the exchange of information related to the use of the Service and/or its individual elements, as well as information accessible to the User through the Service.
8.2. The User must independently take necessary measures to ensure the protection and confidentiality of their information and other details, including authentication data and the provided PIN code, from unauthorized access or use of the Service by third parties.
8.3. In the event of information leakage and/or disclosure of confidential information belonging to the Service Operator and/or unauthorized access caused by the User, the User must compensate the Service Operator for any harm and/or damage caused, regardless of the nature and amount of such harm and/or damage.
8.4. The User acknowledges that the Service Operator is not liable for any consequences resulting from the User providing their data to third parties, granting them access to their account in the Service, or other actions, including delays in changing the password provided by the Service Operator.
8.5. The Service Operator is obliged to maintain the confidentiality of the User’s information, not disclose or distribute their personal data obtained in connection with fulfilling this Agreement, except in the following cases:
a) The information is publicly available or disclosed at the request or with the consent of the User;
b) The information is provided to third parties to the extent necessary for the execution of this Agreement;
c) The information is required to be transmitted or disclosed in accordance with 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 components (including text, design elements, graphic 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 based on this Agreement. For the purposes of this Agreement, the Service Operator provides the User with a non-exclusive right to access the Service free of charge. No ownership or proprietary rights to the Service and/or its individual components are transferred to the User.
9.3. The use of and access to the Service are permitted only in accordance with the terms of this Agreement, the laws of the Republic of Uzbekistan, including intellectual property regulations, contractual obligations, personal data protection, as well as the internal documents of the Service Operator. Unless otherwise provided in this Agreement or required by the laws of the Republic of Uzbekistan, the Service Operator reserves all rights to the Service.
9.4. The User is prohibited from leasing, sublicensing, transferring, modifying, adapting, recoding, translating, or otherwise redistributing the Service and/or its individual components for the benefit of third parties.
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 within the framework of this Agreement is permitted solely for personal non-commercial purposes through reproduction and application of the functional capabilities of the Service.
10. Force Majeure
10.1. Force majeure refers to circumstances beyond control, directly or indirectly caused by events such as decisions of government authorities and organizations, wars, civil unrest, epidemics, and others, making 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-performance of mutual obligations if such non-performance was caused by force majeure circumstances that could not have been foreseen or prevented 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. The force majeure circumstances specified in the notice must be confirmed by a competent authority in accordance with the legislation of the Republic of Uzbekistan.
10.5. If the Party citing force majeure circumstances fails to notify the other Party as outlined in clauses 10.3. and 10.4. of this Agreement, that Party forfeits the right to refer to such circumstances as grounds for non-performance of obligations under this Agreement.
11. Dispute Resolution and Claims
11.1. In the event of disputes or disagreements between the Service Operator and the User concerning the fulfillment of the terms of this Agreement, the Parties shall make every effort to resolve them through negotiations.
11.2. If disputes or disagreements arise between the Service Operator and the User, the provision of services under this Agreement will be 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 becomes effective upon acceptance (approval) by the User of its terms and remains in force 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 the event of the User’s violation of the obligations, confidentiality requirements, rights to use the Service, liability provisions of this Agreement, and/or the requirements of the legislation of the Republic of Uzbekistan, with mandatory written and/or electronic notice no later than three days before the termination of this Agreement.
12.4. The Service Operator reserves the right to block access to the User’s personal account if the Service is not used by the User for 60 consecutive days. To unblock the personal account, the User must re-authenticate in the Service.
13. Final Provisions
13.1. All notifications and communications 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 via the User's personal account in the Service or in the form of paper documents.
13.2. For all matters not covered by this Agreement, the Service Operator and the User shall be guided by the legislation of the Republic of Uzbekistan.
13.3. This Agreement is governed by, interpreted, and applied in accordance with the legislation of the Republic of Uzbekistan.
14. Service Operator Details
Joint Stock Company "BRIO GROUP"
Address: 100058, Tashkent, Yunusabad District,
Bogiboston MFY, Bogishamol Street, Building 179
TIN: 304 408 302
Phone: +998-71-207-80-81
Tashkent
1 March 2024