USER AGREEMENT for granting the right to use the Uzcard Pay software

USER AGREEMENT

for granting the right to use the Uzcard Pay software

1. GENERAL PROVISIONS

1.1. This User Agreement («the Agreement») for the Uzcard Pay software («the Application») distributed as a mobile application via Google Play is an offer by the «Common Republican Processing Centre» JSC («the Right Holder») to the Internet user («the User») to use the Software and regulates the relationships between the Right Holder and its Users.

1.2. The owner and right holder of the Software is «Common Republican Processing Centre» JSC registered at: 78 Abdulla Kodiriy str., Shaikhantokhur district, Tashkent, 100011. The exclusive right to the Software belongs to the Right Holder.

1.3. The Right Holder reserves the right to change, add or remove clauses of this Agreement at any time without notifying the User.

1.4. The use (installation, copying and use in any other way) of the Software by the User means acceptance by the User of the terms of this Agreement and all changes and additions made and/or made to this Agreement in full, without any reservations and exceptions. The User also guarantees unconditional compliance with all the terms and conditions of this Agreement. If the User does not agree with any of the terms and conditions of this Agreement, the User shall not be entitled to use the Software.

1.5. The use of the Software by the User for personal non-commercial purposes shall be free of charge. The use of the Software on terms, in ways and for purposes not provided for by this Agreement, as well as by legal entities shall be permitted only based on a contract concluded separately with the Right Holder.

1.6. This Agreement shall apply to all future updates and new versions of the Software. By installing an update or a new version of the Software, the User agrees and accepts the terms of the Agreement for the corresponding updates and new versions of the Software, unless such updates or new versions of the Software are accompanied by another agreement. The User undertakes to check this Agreement for changes and/or additions to it. The current version of the Agreement is published on the website uzcard.uz. Any changes to the Agreement come into force from the date of their publication, unless otherwise specified in the relevant publication.

2. DEFINITIONS AND TERMS

2.1. The terms and definitions listed below have the following meaning for the purposes of this Agreement:

2.1.1. Uzcard Pay shall mean a mobile application hosted for download on the Google Play platform that exchanges confidential bank card data for a special depersonalized equivalent (token).

2.1.2. The Right Holder shall mean «Common Republican Processing Centre» JSC

2.1.3. User shall mean an individual who has accepted the terms and conditions of this Agreement and uses the Software.

2.1.4. Software Content shall mean protected results of intellectual activity, graphic, textual, photographic, derivative, composite and other information, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, selection, coordination, appearance, general style and location of this Content, included in the Service and other intellectual property objects all together and/or separately.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is granting the right by the Right Holder to the User, free of charge, on the terms of a simple (non-exclusive) license, to use the Software in the whole world in the following ways:

3.1.1. Use the Software for its intended functional purpose by installing it on an unlimited number of User’s mobile devices.

3.1.2. Reproduce and distribute the Software for personal non-commercial purposes.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Right Holder has the right to:

4.1.1. Change the rules for using the Software, as well as change the Software Content and/or its functionality.

4.1.2. Disclose information about the User if the applicable laws of the Republic of Uzbekistan require or permit such disclosure.

4.1.3. Terminate and/or block access to the Software without prior notice to the User if the User has breached this Agreement or the terms of use of the Software contained in other documents, as well as in the event of termination of the Software or due to a technical malfunction or problem.

4.2. The User has the right to:

4.2.1. Use all the services available in the Software.

4.2.2. Ask any questions related to the Software services by e-mail: info@uzcard.uz

4.2.3. Use the Software exclusively for the purposes and in the manner provided for by this Agreement and not prohibited by the laws of the Republic of Uzbekistan.

4.3. The User undertakes to:

4.3.1. Provide the necessary information at the request of the Right Holder.

4.3.2. Observe any property and non-property rights of authors and other Right Holders when using the Software.

4.3.3. Do not take actions that may be considered as disrupting the normal operation of the Software.

4.3.4. Do not use the Software for distribution and avoid any actions as a result of which the confidentiality of information protected by the laws of the Republic of Uzbekistan and the Right Holder may be violated.

4.3.5. Comply with the legal requirements of the Right Holder and the applicable laws of the Republic of Uzbekistan

4.3.6. Do not use the services for the purpose of:

4.3.6.1. Violations of rights of minors and (or) causing them harm in any form.

4.3.6.2. Presenting oneself as another person or a representative of an organization and/or community without sufficient rights, including for employees of this service.

4.3.6.3. Misleading about the properties and characteristics of any service of the Service.

4.3.6.4. Incorrect comparison of the Service, as well as the forming a negative attitude towards persons who (do not) use certain services, or condemnation of such persons.

4.3.6.5. Downloading content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains false information and (or) insults against specific individuals, organizations, authorities.

4.3.6.7. Inducements to commit illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions in force in the Republic of Uzbekistan.

4.3.7. Ensure the accuracy of the provided information.

4.3.8. Ensure the safety of personal data from access by third parties.

5. RESTRICTIONS

5.1. The Software Content is protected by copyright, trademark laws, as well as other intellectual property rights and unfair competition laws.

5.2. It shall not be permitted to change, modify, decrypt and perform any other actions with the object code of the Software, including for the purpose of obtaining information about the implementation of algorithms used in the Software.

5.3. It shall not be permitted to create derivative works based on the Software or using it.

5.4. Reproduction, distribution and other use of the Software for commercial purposes shall not be permitted.

5.5. It shall not be permitted to distribute the Software in a form other than the one in which it was received by the User.

5.6. It shall not be permitted to change the information about the Right Holder of the Software.

5.7. It shall not be permitted to bypass the protection of the Software in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the Software.

5.8. Unauthorized access to the Software functions, any other systems or networks related to the Software, as well as to any services offered by the Software shall not be permitted.

5.9. It shall not be permitted to violate the security or authentication system of the Software or in any network related to the Software.

5.10. It shall not be permitted to perform reverse search, tracking or attempts to track any information about any other User of the Software.

5.11. It shall not be permitted to use the Software and its Content for any purposes prohibited by the laws of the Republic of Uzbekistan, as well as incitement to any illegal activity or other activity that violates the rights of the Right Holder or other persons.

6. RESPONSIBILITY 

6.1. The Software shall be provided on an «as is» basis. The Right Holder does not provide any guarantees related to the error-free and uninterrupted operation of the Software or its individual components and (or) functions, the compliance of the Software with the User’s expectations, as well as other guarantees not expressly specified in the License Agreement.

6.2. The Right Holder is not liable to the User for any direct or indirect consequences of the use or inability to use the Software and (or) losses or damage caused to the User or any third parties as a result of any use or inability to use the Software, including due to possible errors or failures in the Software.

6.3. The User is hereby notified and agrees that when using the Software, information about the User’s operating system type, version and Software identifier, statistics of using the Software functions, as well as technical and other information shall be automatically anonymously transmitted to the Right Holder.

6.4. By installing, copying and using the Software in any way, the User expresses its consent to the processing of the User’s personal data in accordance with the Right Holder’s Personal Data Processing Policy.

6.5. The Right Holder shall not be responsible for:

6.5.1. Delays or failures in performing an operation caused by force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.

6.5.2. Actions of transfer systems, banks, payment systems and for delays related to their operation.

6.5.3. Proper functioning of the Software if the User does not have the necessary technical means for its use, and also does not bear any obligations to provide Users with such means.

6.5.4. termination of access to the Software, in case the User breaches any provision of this Agreement or other document containing the terms of use of the Software.

7. DISPUTE RESOLUTION 

7.1. In the event of any disagreements or disputes between the Parties to this Agreement, a claim must be submitted before applying to the court (a written proposal for a voluntary settlement on an extrajudicial basis).

7.2. The period for consideration of the claim and informing thereof shall not exceed 30 (thirty) calendar days after receiving such claim.

7.3. If the disputes are not resolved through negotiations, the disputes shall be brought to the appropriate competent court at the venue of the Right Holder (the place of execution of this Agreement) in accordance with the procedure established by the applicable laws of the Republic of Uzbekistan.

8. ADDITIONAL CONDITIONS 

8.1. This Agreement comes into force for the User after installation and acceptance of the terms of this Agreement in the Software and shall be valid indefinitely.

8.2. If any of the provisions of this Agreement is declared invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.

8.3. Unless the User proves otherwise, any actions performed using its mobile device shall be considered to have been committed by the corresponding User. In case of unauthorized access to its mobile device, the User shall immediately inform the Right Holder thereof in accordance with the established procedure.