Offer on the use of the “CLICK” E-Money System
This Offer contains the terms and conditions of the Service Agreement, namely of making payments using the CLICK E-Money System (hereinafter referred to as the Service Agreement and/or the Agreement). Performance of actions specified in this Offer is a confirmation of your consent to conclude the Service Agreement on the terms and conditions, in the manner and to the extent set forth in this Offer.
Taking into account that the Issuer authorized CLICK LLC to conclude contracts with electronic money holders within the CLICK E-Money System on behalf and by order of the Issuer, the text of the Offer stated below is an official offer of CLICK LLC to conclude the Service Agreement in compliance with art. 367 and part 2 art. 369 of the Civil Code of the Republic of Uzbekistan addressed to you. The Service Agreement shall be deemed concluded and shall become effective at the moment of the individuals actions provided for in this Offer and signifying acceptance, i.e. unconditional acceptance by the individual of all terms and conditions of this Offer without any exceptions or limitations.
The current version of the Offer is published on the WEB-site at the e-mail address: https://click.uz/en/offerwallet
1. Terms and Definitions
Authentication is the process of confirming the identity of an EMS participant;
Authentication data - login and password assigned to the user when registering in EMS;
Authorization - the Operators permission for the owner of electronic money to conduct operations using electronic money in EMS;
E-Money System Agent (the Agent) means a legal entity engaged in the acquisition of electronic money from the Issuer and holders - individuals for its subsequent sale to individuals on the basis of an agreement concluded with the Issuer;
Blocking of e-wallet - a complete or temporary ban on the use of electronic money stored in the e-wallet of the owner of electronic money;
Issuance of E-Money means an operation involving issuance of electronic money by the Issuer to individuals and agents of the electronic money issuer by exchanging it for an amount of money equal in face value;
Identification (including simplified identification of the Client) is a set of measures on establishment (fixing) and confirmation of reliability of information about clients with the use of identification data, provided by the User, including in the electronic form, in accordance with the requirements of legislation of the Republic of Uzbekistan, internal procedures of the Operator and the present Offer;
Identification information is information about the user, including but not limited to: Users full name, personal ID number, number and date of the identity document, number of the E-Wallet owned by the user, subscriber phone number, e-mail address;
Unidentified Client means the status of the Client, who has not undergone the identification procedure in the EMS, and in relation to whom there are restrictions on the types of transactions with E-Money in the EMS, as well as limits on the amounts defined in the EMS, this Offer within the legislation of the Republic of Uzbekistan.
Identified Client means the status of the Client, who has undergone the identification procedure in EMS for a fee paid to the EMS Operator, and who has the ability to perform certain types of transactions with electronic money in EMS within the limits on the amounts set forth in EMS, this Offer within the legislation of the Republic of Uzbekistan.
The use of electronic money - the transfer of electronic money in the E-Money System by their owner - a natural person to another participant of the E-Money System for the purpose of payment for civil law transactions;
Client - individuals - fully capable citizens of the Republic of Uzbekistan who are registered in the EMS as e-money holders and have an identity document;
CLICK E-Money System Operator (hereinafter referred to as the Operator) is the Payment Organization CLICK LLC:
Legal address: 11, Bratislava str., Tashkent city
Actual Address: 35 a, Salar biyi str., Mirzo Ulugbek district, city of Tashkent.
ASIA ALLIANCE BANK JSCB
Settlement account: 2020 8000 3049 4271 3001
Bank code: 01057
VAT code 326040022941
Tel: (+998 71) 231-08-80
License of the Central Bank of the Republic of Uzbekistan No. 1 dated 28.03.2020), which provides the functioning of the electronic money system, including the collection, processing and transmission of information generated by transactions using electronic money;
Electronic money (E-Money) - unconditional and irrevocable monetary obligations of the issuer of electronic money, stored in electronic form and accepted as a means of payment in the electronic money system;
The E-Money System CLICK (hereinafter referred to as EMS or System) is a set of software and hardware tools, documentation and organizational and technical measures ensuring the implementation of payments and other operations with electronic money through the interaction of the operator of e-money system with the issuer of e-money and (or) the owners of e-money;
The CLICK Evolution application is a mobile application available to the User through the application store under the terms of full compliance with this Agreement, developed for mobile devices running on Android or Apple iOS operating systems;
Redemption of electronic money - operation on exchange of electronic money presented by the owner of electronic money or subject to redemption without their presentation by the owner in the cases stipulated by the laws of the Republic of Uzbekistan, for equal on their face value amount of money;
Personal (identification) data - data, including biometric data, related to a Client certain or defined on basis thereof, recorded on electronic, paper and (or) other tangible media, as well as changes and additions occurring in the future, including but not limited to:
- Clients full name;
- details of the Clients identity document (ID-card or biometric passport of a citizen of Uzbekistan);
- the number of the Electronic Wallet belonging to the Client;
- the subscriber phone number;
- image of the Clients face (photo/video recording);
- and other data necessary to achieve the purposes of collection and processing of personal data, specified in the Policy on protection and processing of personal data published on the EMS Operators website, and in this Agreement;
Security procedure is a complex of organizational measures and software and hardware means of information protection designed to certify the rights of the owner of electronic money to use electronic money and detect errors and/or changes in the content of electronically transmitted and received messages (hereinafter - the Electronic message) when using electronic money;
Provider means individual entrepreneurs or legal entities, who are participants of EMS, engaged in entrepreneurial activities and accepting electronic money from other EMS participants - individuals as payment for services provided and/or goods supplied;
Instruction - the Clients instruction to the EMS operator to make a payment, which is expressed in the form of payment documents or in the form of the Clients consent when using the Application;
EMS Participant means an individual or legal entity, which, in accordance with the agreement concluded with the EMS Operator, has the right or obligation to issue, transfer, accept, use, purchase, sell or redeem electronic money within the EMS;
Digital Identification is a service that identifies the Client remotely, without the need for physical presence in the Operators office;
Digital authentication is the process of verifying a clients identity by automatically (without human factors) comparing a photo or video obtained in real time from a previously identified Client with the original identification data;
Electronic Money Issuer (hereinafter - the Issuer) - Agrobank JSCB, which issues and redeems electronic money in the electronic money system CLICK.
Electronic Wallet (E-Wallet) within the CLICK EMS is an account of the EMS User, which provides:
(a) storage of information about the funds deposited on the balance of the electronic wallet;
(b) the EMS Users access to the account;
(c) the possibility of using the EMS by the User of the Service in order to make Payments / Transfers.
2. General Provisions
2.1. EMS makes payments using electronic money inside EMS in accordance with the Law of the Republic of Uzbekistan dated 1 November 2019 On payments and payment systems, Rules of issue, use and redemption of electronic money (registered by the Ministry of Justice of the Republic of Uzbekistan under No. 3231 on 29.04.2020), the Law of the Republic of Uzbekistan dated 26 August 2004 On Countermeasures to Combat Legalization (Laundering) of Illegally Obtained Proceeds, Financing of Terrorism and Financing Proliferation of Weapons of Mass Destruction and other legislative acts of the Republic of Uzbekistan.
2.2. With the help of EMS it is possible to make payments in favor of commercial organizations providing goods and services within the EMS, as well as to make transfers of Electronic Money between Clients (individuals) within the limits and with the restrictions provided by this Offer, the Rules of the CLICK EMS and the norms of the current legislation of the Republic of Uzbekistan.
3. Subject of the Agreement
3.1. The subject of the Agreement concluded by the Client by accepting this Offer, including Acceptance through conclusive actions provided for in this Offer, is the provision by the Operator to the Client of services to use the EMS in order for the Client to purchase the Goods/Services offered by the Providers represented in the EMS, as well as the Clients transfers of electronic money from his e-wallet to the e-wallets of other Clients, crediting money to the Clients bank account when repaying electronic money, as well as the Clients purchase of electronic money from the Agents represented in the EMS, and their sales to the Agents represented in the EMS.
3.2. The Operator accepts information about the crediting of electronic money to the Clients e-wallet in order to use it further in EMS and makes a record of all operations of the Client using electronic money.
3.3. The Parties agree that the Operator is not a Party to the transactions made by the Client, including transactions made with the Providers represented in the EMS, payment of which is made using electronic money, at which point:
- the Operator does not and cannot control the legality of transactions made by the Client, is not responsible for the consequences of conclusion, execution or termination of such transactions;
- the Operator shall not be liable to the Client for the obligations of Providers and other Clients and EMS participants;
- the Operator shall not consider the Clients claims regarding the improper performance by other participants of their obligations, including obligations to transfer goods, perform work and provide services.
3.4. The Operator guarantees that it has the authority to act in the interests of other participants, carrying out the transfer of Electronic Money in their favor by order of the Client, as well as transferring information about the received payments using electronic money to the participants.
3.5. In order for the Operator to duly provide services under the Agreement, the Client undertakes to register in the EMS in the manner prescribed by Chapter 4 of this Offer before the Operator starts to perform its obligations under clause 2.1. of this Offer.
3.6. The Operators services are chargeable. The Client undertakes to pay for the Operators service in the amount and manner set forth in Chapter 5 of this Offer.
3.7. The Client hereby gives his consent to receive advertising and informational messages from the Operator when using the Operators services.
3.8. In order to receive the Operators services, the Client must deposit (replenish) the balance of his e-wallet. Electronic wallet can be replenished by purchasing electronic money from the Issuers agents/EMS Operator, the list of which is specified in the EMS.
4. Client registration in EMS, types of e-wallets, the order of replenishment of e-wallets. Procedure for closing (blocking) and restoring of the wallet
4.1. In order to obtain access rights to the EMS for the purposes of the use of Electronic Money in the EMS, the Client undertakes, prior to commencing such use, to register in the EMS. The procedure of registration in EMS is published on the EMS Operators website at https://click.uz/en/wallet.
4.1.2. As a result of the actions specified in paragraph 4.1, the individual acquires the status of non-identified Service User (Light), and becomes a member of the EMS.
4.2. The procedure for upgrading the Service User to Premium status.
4.2.1. In order to upgrade the Light status to Premium status, an individual must register an e-wallet and obtain the status of the Service Light User in accordance with clause 4.1 of this Agreement, after which the Service User must undergo identification in his personal presence at the EMS Operators actual location, or digital identification, according to the requirements established by the Central Bank of the RUz and the procedure of passing of the digital identification.
4.3. The following limitations on the types and amounts of electronic money transactions performed by Clients apply in the EMS:
Transactions available to Clients depending on the type of e-wallet:
|№||Type of e-wallet||Requirements for registration/identification/documents provided||Available operations||Restrictions on the amount of payments / transactions|
Unidentified e-wallet/wallet of unidentified individual
|When registering in the E-Money System, the Client goes through the registration procedure, indicates the cell phone number, the registration procedure is completed by confirmation by SMS sent to the phone number indicated at registration. No documents are required.||Replenishment of the Wallet;
Payments to Service Providers;
Repayment of electronic money;
|The maximum amount of one transaction, shall not exceed an amount equal to the basic calculated value
The maximum amount of electronic money stored on one electronic device shall not exceed the amount equal to five times the basic calculated value.
Identified e-wallet / wallet of the identified individual
|Passing the identification procedure, with the personal participation/presence of the Client and/or using the means of digital identification.
Client shall provide biometric passport or ID-card
|Replenishment of the Wallet;
Payments to Service Providers;
Repayment of electronic money;
|The maximum amount of one transaction, shall not exceed an amount equal to the hundredfold basic calculated value
The maximum amount of electronic money stored on one electronic device shall not exceed the amount equal to 500.000.000 (five hundred million) UZ Soum
4.4. The order of balance replenishment of an electronic wallet.
4.4.1. The e-wallet balance can be replenished as follows:
- a) By transferring funds from the e-wallet balance of another EMS Client;
- b) By replenishing funds from the Card through the System on behalf of and on the instructions of the cardholder;
- c) By replenishing money in joint actions through the System;
- d) By other means not prohibited by the legislation of the Republic of Uzbekistan.
The availability of e-wallet balance replenishment by one or another method specified above is determined directly by the Operator.
4.4.2. The Clients e-wallet balance is replenished by crediting of the appropriate amount of money to the Operators account and reflection of information about these funds in the account on the balance of the Clients e-wallet.
4.5. In the case of changes in the data specified by the Client in the registration of E-wallet, the Client must, within three days from the date of change of data to undergo re-identification.
4.6. As soon as the Client performs all of the above actions for registration in EMS and the Client acquires Electronic Money (clause 3.8), the Client shall have the right to use EMS in full, in the manner and on the terms contained in the EMS rules.
4.7. The procedure for closing (blocking) and restoring the e-wallet.
4.7.1. An e-wallet may be closed (blocked) in the following cases:
- a) At the initiative of the User through the appropriate section of the Service interface in case of refusal to receive the Operator's services within the Service;
- b) At the initiative of the User by contacting the Operator's Call Center in case of loss of access to the subscriber number to which the e-wallet was connected;
- c) At the initiative of the Operator in accordance with clause 7.1.10;
- d) Automatically if the User has not used the Service (has not performed any operations related to balance replenishment, Payments or Transfers and/or repayment (refund) of funds) for more than 3 (three) years, without the possibility of recovery;
- e) At the initiative of the User through the appropriate section of the Service interface (reset CLICK-PIN) in case the User forgot the CLICK-PIN.
4.7.2. In case of closure of the e-wallet on the initiative of the User himself in accordance with clause 4.7.1(a), due to refusal to receive the Service, the amount of the remaining monetary obligations recorded on the balance of the User's e-wallet at the time of closure must be reset to zero. In the case of a balance of monetary obligations, it is frozen for a period of no more than three years.
4.7.3. In case of closure of the e-wallet on the initiative of the User himself in accordance with clause 4.7.1(b) by contacting the Operator's Call Center due to loss of access to the subscriber number, the User must contact the Call Center to restore the e-wallet.
The amount of the remaining monetary obligations recorded on the balance of the User's e-wallet at the time of blocking will be frozen until the e-wallet is restored, but no more than three years from the moment of blocking.
4.7.4. In the event that the Operator blocks the e-wallet of the Service User on its own initiative in accordance with clause 4.7.1(c), the Operator independently restores the e-wallet in accordance with clause 7.1.10 after finding out the reasons for its blocking.
4.7.5. In case of automatic blocking (closing) In accordance with clause 4.7.1(d), due to its non-use for more than 3 (three) years, the e-wallet cannot be restored, and the amount of the remaining monetary obligations recorded on the balance of the User's e-wallet at the time of such automatic blocking is recognized as the Operator's income and is not subject to refund.
4.7.6. In case of closure of the e-wallet on the initiative of the User himself in accordance with clause 4.7.1(e) when the User forgot his CLICK-PIN, in order to restore the e-wallet, the User:
- from his subscriber number, he enters the corresponding section of any of the CLICK Interfaces ("Activate wallet" or another section similar in meaning);
- enters the date of birth entered when registering the e-wallet.
4.7.7. In the event that the User has lost the SIM card linked to the e-wallet and is unable to restore it, the following refund procedure applies:
22.214.171.124. The User applies to the Operator's Office with a written application to transfer funds from an e-wallet to which access has been lost to a new e-wallet, subject to the restrictions set out in clause 4.3. If the User requests a transfer from an e-wallet to a personal plastic card in a written application, in this case, the transfer of funds will also be carried out taking into account the established tariffs in accordance with clause 5.1.
5. Cost of Operators services and procedure for making payments in EMS using Electronic Money
5.1. The Operators services in the EMS are chargeable. The fee payable to the EMS Operator for services related to Payments/Transfers (if any) is published on the EMS Operators website at https://click.uz/en/tarifs.
5.2. The cost of EMS services may be set as a percentage of the amount of each Payment made by the Client in favor of the Providers represented in EMS, and as a fixed amount of Electronic Money withdrawn by the Operator from the Clients Electronic Wallet at the time of the payment. The interest rates determining the cost of the Operators services with respect to making Payments in favor of each particular Provider shall be determined by the Operator at its own discretion.
The cost of the Operators services is charged in Electronic Money.
5.2.1. The amended tariffs shall become effective for the Client from the date of publication of such changes in the form of news on the EMS Website at the following address: https://click.uz/en/tarifs or in the CLICK Evolution mobile app. The changes made shall be deemed to be accepted by the Client on the first use of the EMS by the Client after such changes have been made.
5.2.2. The Operator shall withhold the accrued fee when making any payment/transfer of the Client made by the latter through the Operators Systems. When making any of the payments, the Client indicates the payment details and the amount of payment, after entering the details of the payment the Operator calculates the cost of the service and displays this information in the interface of the mobile application. Only in case the Client confirms the payment details and agrees with the cost of Operators services - for which the Client puts a tick mark to agree with the cost of payment and confirms the payment details entered by the Client - for which he presses the Pay button. After pressing the Pay button, information about the payment and respectively the amount of electronic money comes from the Clients e-wallet to the recipient of electronic money.
5.3. The Operator does not regulate or control the eligibility of the Clients transaction with the Provider, its conditions, as well as the fact and consequences of the conclusion, execution and termination of the transaction, including the return of payment under such transaction. Also, the Operator shall not consider the Clients claims regarding the non-performance (improper performance) by the Providers of their obligations under the transaction, including the obligations to transfer the Goods/provide services to the Client.
6. Rights and Liabilities of the Client
6.1. Client is entitled:
6.1.1. to use the EMS in full, making payments by performing appropriate operations in the EMS in the sequence determined by the EMS;
6.1.2. to get access to all EMS services in accordance with his Status and other restrictions established by the Operator, EMS Rules and the legislation of the Republic of Uzbekistan;
6.1.3. to use the EMS to initiate the purchase of Electronic Money, depositing Electronic Money to the E-wallet Account by any of the permitted and available methods given in the EMS, making payments for civil law transactions, to carry out other operations provided for by the EMS Rules and the Agreement;
6.1.4. to purchase/present for redemption of electronic money by any of the available methods provided in EMS;
6.1.5. to use additional services provided by EMS in the manner and on terms approved by the Operator;
6.1.6. to receive information about the balance of electronic money, as well as transactions made on the account of his e-wallet, other information relevant for the use of EMS;
6.1.7. to receive information about any changes in the status of his Electronic Wallet for a period of up to five (5) years upon request to the Operator, provided that the Client is identified;
6.1.8. to send complaints to the Operator about the actions of other Participants and failures in the EMS;
6.1.9. to get technical and information support from the EMS Operator;
6.1.10. The Client may use the EMS using his/her Authentication Data at his/her own discretion. Use of the EMS is restricted by Clients obligation not to reproduce, duplicate, copy, sell, assign or use for any commercial purposes any elements of the EMS Site, and not to provide access to the EMS to any third parties for such third parties use of the EMS for the purposes specified in this clause.
The right to use the EMS after Client registration is exclusive and non-transferable.
If the Client transfers his Authentication Data to a third party, the Client shall be fully responsible for the actions performed by such third party with the use of the EMS and the Clients Personal cash account, as well as for damages caused by such third party to the Operator and other participants of the EMS;
6.1.11. at any time to refuse to use the EMS, with the consequences provided by clause 9.9. of this Offer.
6.2. The Client shall be obliged:
6.2.1. to keep its Authentication Data inaccessible to third parties;
6.2.2. in case of loss of the Authentication Data, to immediately notify the Operator by calling the Operators Call Center at +998 (71) 231-08-80.
Upon receipt of information about the loss of the Authentication data, the Clients e-wallet will be blocked, payments will not be made until the unblocking of the e-wallet. To unblock an E-wallet, follow the procedure below.
If the Client fails to notify and/or untimely notifies the Operator of the loss of the Authentication Data, the Operator shall not be liable for the damage caused to the Clients Electronic Account via EMS using the Clients Authentication Data until the proper notification has been received by the Operator.
In addition, the Client will be required to compensate the Operator for damages caused to the EMS and/or the Operator using the Clients Authentication Data.
The Client is notified and confirms its consent to the fact that all operations in the EMS are performed only if the Client enters correct Authentication data. In this case, the Operator is not responsible for the Clients making the corresponding Payments;
6.2.3. to study and comply with the terms of this Offer. Performance by the Client of actions not stipulated by the Offer cannot be the basis for the Operators obligations to provide the Services. In case of disagreement / non-acceptance of the terms of this Offer, the Client shall not have the right to use the E-wallet EMS. To monitor EMS Operators messages published in the relevant interfaces of the Service. To follow the requirements contained in these messages;
6.2.4. in case of any malfunctioning of the Electronic Wallet, as well as in case of the possibility of unauthorized use of services provided in EMS after performing of a certain sequence of actions, to inform the Operators support service by calling the Call Center by phone +998 (71) 231-08-80 or by sending a message describing the problem to the following e-mail address: firstname.lastname@example.org. In no case shall the Client use these failures or sequences and report their existence to third parties.
6.2.5. to use EMS in a way that does not violate and does not affect the rights and legitimate interests of other Clients, EMS participants and third parties, and does not violate the legislation of the Republic of Uzbekistan;
6.2.6. to comply with the provisions of the EMS Rules, the Offer accepted by the Client upon registration in the EMS and other regulatory documents governing the rights and obligations of EMS participants;
6.2.7. to provide accurate data when registering in EMS and going through the Identification procedure;
6.2.8. to be responsible for the content of e-money transactions and reliability of the reflected data for its execution;
6.2.9. not to disclose confidential information received from the Operator, the Issuer for the purposes of using EMS, including not to allow third parties to use his Electronic Wallet and authentication data;
6.2.10. to take proper care of the operability and information security of the EMS access device belonging to him;
6.2.11. not to attempt to make changes to the EMS software;
6.2.12. to recognize electronic documents drawn up using EMS as legally significant and equivalent to the documents drawn up on paper in accordance with the legislation of the Republic of Uzbekistan;
6.2.13. to promptly notify the Issuer and the Operator of any changes to their identification data when using EMS;
6.2.14. to make timely changes in his Authentication data, in case of termination of the agreement with the Mobile Operator for the use of the number entered during registration in the EMS;
6.2.15. After completing registration in EMS, to change the password provided by the Operator;
6.2.16. to immediately notify the Operator and the Issuer of the discovery of an operation conducted without his consent, of unauthorized access to his personal data, of the loss of Authentication Data.
6.3. The Client understands and accepts the possible risks when replenishing the Electronic Wallet with Electronic Money of a particular Issuer.
6.4. The Client shall be solely responsible for the accuracy of the information specified in the Payment / Transfer Instruction and shall not have the right to make any claims against the EMS Operator in connection with improper performance by the EMS Operator of its obligations under the Agreement, if erroneous data is specified in the Payment / Transfer Instruction. If the relevant information is incorrect, the funds debited from the initiator of the Payment/Transfer shall not be subject to refund.
7. Rights and Liabilities of the Operator
7.1. The Operator shall have the right to:
7.1.1. expand the list of services/goods paid for using EMS;
7.1.2. modify the software and prohibit access to the EMS by posting a notice to that effect in the EMS during the period of modification;
7.1.3. suspend EMS operation for repair and maintenance work;
7.1.4. refuse to conduct operations with electronic money in the case of one of the following events:
- attempts by the Client to carry out an operation with electronic money in an amount exceeding the limit set by the Operator and/or the law;
- attempts to transfer e-money in an amount that exceeds the balance of e-money in the participants e-wallet;
- technical failure, as a result of which it is impossible to perform the requested transaction or to contact any of the parties to the transaction;
- the Operator suspects unauthorized access to the EMS;
- inability to communicate with the Issuer when sending the Electronic money for Redemption;
- attempts by the Provider to repay the amount of Electronic Money that exceeds the balance of the Electronic Money in the Providers e-wallet;
- in other cases where the transaction may cause losses to the Operator and/or other EMS participants.
7.1.5. demand that EMS participants eliminate violations committed while working in the EMS, using the Operators powers provided by the Rules and agreements signed with EMS participants, including the right to block e-wallets;
7.1.6. receive, record, save, protect identification information of the Participants;
7.1.7. provide information about Participant Status to other EMS Participants;
7.1.8. collect, store and process personal data entered by participants during operations, transfer this data to other EMS participants participating in this operation in cases where such transfer is necessary to perform the concluded contract;
7.1.9. independently determine the operating conditions of the EMS, including:
- development of standard contracts for the provision of EMS services, provisions to be performed by EMS Participants;
- approval of the tariff policy, rates and types of commissions and remuneration in the EMS, changes in the current rates of commissions and remuneration;
- changes and additions to the composition of EMS Participants;
- Changes in the EMS Rules.
7.1.10. In case of violation by the User of the Service of the terms of this Offer and /or the requirements of the current legislation and /or in case of suspicion that the User of the Service is in any way involved in fraudulent transactions and / or operations for the legalization of income derived from criminal activity and terrorist financing, as well as in other cases provided by law, The Operator has the right to unilaterally temporarily block the Service and the use of the User's e-wallet until the circumstances are clarified or terminate the Contract at any time by sending a corresponding notification to any address of the Service User known to the Operator and/or to the corresponding Service Interface.
7.2. The Operator shall be obliged:
7.2.1. to define the EMS Rules, organize control and supervision over compliance with the EMS Rules by EMS Participants;
7.2.2. to ensure uninterrupted operation of the EMS around the clock;
7.2.3. to engage Agents, Providers, Issuers;
7.2.4. to establish requirements for EMS participants;
7.2.5. to organize the risk management system, evaluate risks and take measures to mitigate them;
7.2.6. to ensure the round-the-clock reception of requests from EMS Participants;
7.2.7. to guarantee observance of commercial and other secrets protected by law;
7.2.8. to ensure the protection of information in carrying out transactions using Electronic Money in accordance with the concluded agreements and requirements established by the legislation of the Republic of Uzbekistan;
7.2.9. in case of suspension of EMS operation as part of scheduled preventive maintenance, to notify EMS Participants of the time and duration of the works at least three (3) hours in advance;
7.2.10. to comply with the legislation of the Republic of Uzbekistan;
7.2.11. At the request of EMS Participants, to provide a report on all transactions made from their Electronic Wallet for a period of up to 5 (five) years;
7.2.12. to store information about the status of the E-Wallets of the EMS Participants during the term of the agreement, to store information about any transactions made from the E-Wallets of the Participants and other information for 5 (five) years after the relevant operations;
7.2.13. to send notifications to EMS Participants about all transactions and actions performed in electronic wallets registered for this Participant.
8. Privacy and security
8.1. The Parties undertake to take all necessary measures to secure and protect the information and documents exchanged in the EMS or that are available to the Parties by using the EMS.
8.2. The Client undertakes to independently take all necessary measures to maintain confidentiality, prevent unauthorized use and protect its Authentication Data from unauthorized access by third parties. The Client undertakes not to disclose his Authentication Data to third parties.
8.3. The Operator undertakes to maintain confidentiality with respect to the Clients personal data, as well as other information about the Client that has become known to the Operator in connection with the Clients use of the EMS, except in cases where:
- such information is publicly available;
- information is disclosed at the Clients request or with the Clients permission;
- information shall be provided to the Clients counterparties to the extent necessary to fulfill the terms and conditions of the Offer;
- information is required to be disclosed on grounds required by law, or for suspicious transactions, or when requested to do so by a court or authorized government agency.
8.4. The Parties shall undertake obligations:
- not to carry out through EMS illegal financial transactions, illegal trade, money laundering and any other operations in violation of the laws of the Republic of Uzbekistan;
- to prevent attempts of illegal trade, illegal financial transactions, transactions aimed at legalization (laundering) of proceeds of crime.
8.5. The Operator reserves the right to refuse the Client to make Payments using EMS by sending the Client a notice of refusal of the Operator to make a payment through the channel specified by the Client. This notice contains an indication of the reasons for refusal, including in case of reasonable doubts about the legality of the Clients actions. At the same time, the Operator is entitled to demand from the Client:
- submission of additional information about the Clients activities (including documentary information on paper), in case of refusal to provide such information or failure to provide it within 15 (fifteen) days from the date of suspension of service of the Clients Electronic Account, such Electronic Account shall be blocked by the Operator;
- presentation of the documents with the data identifying the Client;
- provision of a copy of the contract with the cellular operator for the provision of services for the use of the Subscriber number registered in EMS.
8.6. The Client may not use EMS to conduct operations aimed at systematic profit making or concealment of income. The Client is aware of the criminal and administrative liability for doing business without registration or with a violation of registration rules, with a violation of licensing requirements and conditions.
8.7. If the Client violates the obligations stipulated in Chapters 5 and 6 of this Offer, the Operator has the right to block the Clients access to the EMS for the term of the Clients elimination of the violation.
9. License Terms of EMS Use
9.1. The owner of the EMS is the Operator. The provisions of this section of the Offer are the terms of the Operators license agreement with the Client on the use of the CLICK EMS (hereinafter referred to as the Program). Client means a person who uses the Program for the purposes stipulated by the Operator, including those not related to EMS.
9.2. The Operator grants to the Client the rights to use the EMS listed in this section free of charge and non-exclusively, subject to the Clients compliance with the obligations listed above.
9.3. With regard to the license terms of using the CLICK EMS - the Offer shall not mean the transfer of any rights to the Client, except for those explicitly listed in this Offer or owned by the Client in accordance with the legislation of the Republic of Uzbekistan. Other rights of the Operator in the Program are protected by the laws of the Republic of Uzbekistan and international copyright agreements, as well as other laws and treaties governing relations that may arise in relation to the Program.
The Client agrees not to use any trademarks owned by the Operator in connection with the Program, as well as not to use, copy, modify, merge or transfer copies of the Program on terms other than those of this Offer.
9.5. As for the license terms of using the CLICK EMS - the Offer comes into force from the moment the Client accepts its terms, i.e., starts working in the EMS.
9.6. With regard to the license terms and conditions of using the CLICK EMS - the Offer is terminated:
- at the Clients initiative after termination of the use of EMS;
- at the initiative of the Operator in case the Client violates the terms and conditions of the Offer.
9.7. The program is provided to the Client as is without any guarantees. The Operator shall not be liable for damages or losses of the Client or third parties related to the use of the Program contrary to the terms of the Offer or the description of the Program provided by the Operator, including but not limited to the negative consequences for the Clients software, the Clients hardware and Internet connections.
9.8. The Client may not use the Program to create derivative works from it or use such derivative works without the consent of the Operator.
9.9. If the Client intends to terminate the Contract on his/her own initiative, or if the Client receives a notice from the Operator about the termination of this Agreement, the Client is obliged to stop using the Program within one day.
9.10. It is forbidden to reveal the technology and decompile the EMS. This prohibition is intended to ensure the safety of Clients.
10. Personal data
10.1. By accepting the terms of this Offer, the Client consents to the collection and processing of his personal data by the Operator, namely to the following actions, including, but not limited to: collection, accumulation, storage, clarification (updating, change), use, distribution (including transfer to third parties), depersonalization, blocking, destruction.
10.2. Personal data is collected for the purpose of concluding contracts with the Operator and the Issuer, execution of contracts concluded, as well as to meet the requirements of regulatory legal acts to combat money laundering and terrorist financing.
10.3. This consent to the collection and processing of personal data applies to any use of personal data by the Operator, including the processing of Clients calls received through the Call Center.
10.4. The Operator protects the received personal data of the Client in the following ways:
1) prevention of unauthorized access to the Clients personal data;
2) timely detection of unauthorized access to the Clients personal data, if such unauthorized access could not be prevented;
3) minimization of adverse effects of unauthorized access to the Clients personal data.
10.5. The Operator undertakes to constantly monitor the confidentiality of the Clients personal information. The Operator undertakes not to use or disclose within or outside the Operator the Clients identifying information for purposes not related to execution or issuance of documents, making demands or settlements with the Client. Disclosure of information is allowed only in cases of which the Client was informed in advance at the time of receipt of such information from him, or with the consent of the Client.
10.6. By accepting this offer the Client confirms that he has read the Policy on Personal Data Protection and Processing published on the website of the EMS Operator at https://click.uz/en/policypersonal
11. Liabilities of the Parties
11.1. The Operator shall be liable to the Client within the amount not exceeding the amount of the balance of Electronic Money in the Clients e-wallet.
11.2. The Operator is not responsible for temporary inoperability of the EMS, malfunctions and errors in the operation of hardware or software.
11.3. In case of illegal actions of third parties aimed at interfering with the EMS, not related to the use of the Clients Authentication Data, the Operator shall be liable for the Clients damages up to the amount in the Clients e-wallet at the time of the start of illegal actions.
11.4. The Operator shall not be liable for damages and losses of the Client resulting from the Client providing false information, as well as the loss/transfer of the Clients Authentication Data.
11.5. The parties to the Agreement shall be released from liability for failure to perform their mutual obligations if their failure to perform was a result of force majeure circumstances that occurred after the Agreement came into force, or the occurrence of extraordinary events that could not be prevented or foreseen before the conclusion of the Agreement. The Party that is subject to force majeure circumstances shall notify the other Party not later than 10 days after the occurrence of such circumstances.
11.6. The Client shall not have the right to submit a claim to the Operator for refund of Payments/Transfers made using the System in case of loss of access to the cell phone number to which the e-wallet is connected until the Operator receives the Users application for its loss.
11.7. In case of loss, theft or in other cases, when the Client has no access to the number of mobile (subscriber) phone, which is connected to the e-wallet - the Client shall bear all risks and liability for any actions of third parties associated with the use of the Service by third parties.
12. Disputes Resolution
12.1. All disputes arising in the course of performance by the parties of the terms of this Offer will first of all be considered by the parties through negotiations in order to work out ways of settling the arisen disputes.
12.2. Matters on which the parties fail to reach an agreement shall be referred to a court in accordance with the procedure established by the laws of the Republic of Uzbekistan.
12.3. In all matters not stipulated by the terms of this Offer, the Parties shall be governed by the applicable laws of the Republic of Uzbekistan.
13. Other Provisions
13.1. The Operator is not responsible for interruptions in the provision of the Services in case of failures in software and hardware complexes, external data transmission networks. The Operator is not responsible for complete or partial interruptions in the provision of the Services associated with the replacement of equipment, software or other work caused by the need to maintain performance and upgrade the software and/or hardware.
13.2. The Operator shall be entitled to unilaterally make changes to the Agreement by publishing the changes in the mass media or on the EMS Website. Amendments shall become effective upon publication, unless a different effective date is additionally specified when the amendments are published.
13.3. The Operator has the right to terminate the Agreement in case the Client violates its terms and conditions or on other grounds stipulated by the current legislation of the Republic of Uzbekistan.
13.4. The Client warrants that all the terms of the Agreement are clear to him and the Client accepts the terms without reservation and in full.
13.5. Client warrants that he will not use EMS for any purposes other than those specified in the Offer and on the EMS Site.
13.6. For all actions of the Client performed when using EMS and the Operators website, the time of their performance is set by the time of the Republic of Uzbekistan.
13.7. Inaction of the Operator in case of breach of the Offer by the Client does not deprive the Operator of the right to protect his interests later, and also does not mean the Operators waiver of his rights in case of similar breaches by the Client in the future.
13.8. The Agreement shall be deemed to have been concluded under the terms and conditions of this Offer from the moment the Client takes action to register in the EMS by any of the methods provided for in this Offer.
13.9. The Agreement concluded by the Client by accepting the terms and conditions of this Offer through conclusive actions stipulated by this Offer may be terminated by the Client by sending a written notice to the Operator. The Agreement shall be deemed terminated after 10 (ten) banking days following the Operators receipt of the said notice.
13.10. If necessary, when identifying clients, other documents may also be requested in accordance with the requirements of legislative acts on combating the legalization of proceeds of crime and the financing of terrorism and the financing of proliferation of weapons of mass destruction.