Public Offer
This public offer (hereinafter, the "Offer") is a proposal from the Joint-Stock Company "NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES" (hereinafter, "ATMOS") to any individual to enter into an agreement for the use of the ATMOS Service (hereinafter, the "Agreement").
The Offer contains all the essential terms of the Agreement, constitutes a proposal expressing ATMOS's intent to enter into the Agreement on the terms specified herein with anyone who accepts it, and is recognized as a public offer in accordance with Paragraph 2 of Article 369 of the Civil Code of the Republic of Uzbekistan.
Before using the ATMOS Service, you must review this Offer. If you do not agree with the terms of the Offer in whole or in part, you must refrain from using the ATMOS Services.
If you agree to the terms of this Offer, the Agreement shall be deemed concluded from the moment you accept the Offer, in accordance with paragraph 1 of Article 365 of the Civil Code of the Republic of Uzbekistan.
1. TERMS AND DEFINITIONS
1.1. The ATMOS Service (hereinafter, the "Service") is a software product owned by JSC "NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES." The Service carries out the collection, accounting, processing, and transmission of information about User Orders to the Bank; facilitates informational and technological interaction between settlement participants during the execution of Payments; provides Users with the ability to manage bank cards; and allows for the performance of other actions stipulated by the ATMOS Service's functionality. The software product operates through various interfaces (hereinafter, the "Interface"):
1.1.1. The PulPul mobile and web application;
1.1.2. Websites of service providers with whom ATMOS or the Bank has a contractual relationship for the use of the Service;
1.1.3. Other interfaces that may be available as part of the ATMOS Service's functionality.
1.1.4. The Service allows users to register and manage a User Account.
1.2. Bank — a bank in the Republic of Uzbekistan that transfers the User's funds to the Recipient's bank account based on the User's Order transmitted to the Bank via the Services.
1.3. Issuing Bank — a credit institution that has issued a Bank Card.
1.4. Bank Card — a UZCARD or HUMO bank card operating online, issued by an Issuing Bank that is a member of the UZCARD or HUMO payment system and which enables the User to conduct transactions on a bank account.
1.5. Cardholder — the individual in whose name the Issuing Bank has issued the Card.
1.6. Agreement on the use of ATMOS services — an agreement between the User and the Bank, concluded by the User's acceptance of this Offer.
1.7. Card Number — a unique sequence of numbers printed or embossed on the face of the Bank Card.
1.8. Payment — actions taken by the User to transfer funds from the Bank Card to the Recipient's bank account. Payments are made in the national currency of the Republic of Uzbekistan (soum) and are initiated by the User. Funds are transferred to the Recipient's bank account by the Bank in accordance with payment system rules. The amount debited from the Bank Card includes the funds to be credited to the Recipient's bank account and may also include the Bank's commission fee.
1.9. Recipient — an individual, legal entity, sole proprietor, budget authority, or other organization to which the User makes a Payment.
1.10. User — an individual who has entered into this Agreement and instructs the Bank to transfer funds to the Recipient using the Card Details.
1.11. User Account – a record in the Service's accounting system that serves as a means of tracking User actions for making Payments and is necessary to identify the User when making Payments.
1.12. User Order (Order) — an instruction from the User, transmitted to the Bank through the Service using the Card Details, to transfer funds to the Recipient.
1.13. Card Details — the data indicated on the Card, namely: the name of the payment system, the card number, its expiration date, the last name, first name, and patronymic of the Cardholder, the name of the issuing Bank, and other information that allows for the identification of the Cardholder.
1.14. Parties — a joint reference to ATMOS and the User.
1.15. Settlement Participants — the User, the Recipient, and the Bank.
1.16. Payment Details — the data entered by the User into the User's Card Details Entry Form.
1.17. User's Card Details Entry Form — a screen form for entering the User's Card Details, which is part of the ATMOS Service.
2. SUBJECT OF THE AGREEMENT
2.1. ATMOS provides the User with the opportunity to use the Service electronically.
2.2. Registration and use of the Service is free of charge for Users. The Service may include paid functionality, the terms of use for which are defined by separate contracts or addenda to the Agreement.
2.3. When making Payments through the Service, an additional fee may be charged to the User for using paid functionality, which is used at the User's request and with their consent.
3. GENERAL PROVISIONS
3.1. Acceptance of the Offer confirms that the User has read the text of the Offer and serves as unequivocal evidence of the unconditional acceptance of the terms of the Agreement in their entirety, without any exemptions or limitations.
3.1.1. The Offer is accepted upon the User's registration and/or authorization on the Service.
3.1.2. User registration on the Service is performed through the Service's interfaces by creating a User Account.
3.1.3. User authorization on the Service is performed through the Service's interfaces by entering the User Account authorization credentials and/or the User's card details into the Service interface (including the card details entry form).
3.2. The transfer of funds to the Recipient's bank account, as per the User's Order, is carried out by the Bank. ATMOS is not responsible for the payment operations conducted by the User through the Service.
3.3. This Agreement, together with the information posted in the Service interface and/or on the Recipient's website, or on the website of another organization using the Service, constitutes the Offer and contains all essential terms of the Agreement. This depends on whether the User accesses the Service directly, or accesses the Recipient's website or the website of another organization that has integrated the Service, with subsequent redirection to the Service.
3.4. The Agreement is concluded on the terms set forth in this Agreement, in the Service interface, and/or on the Recipient's website, or on the website of another organization that has integrated the Service. This depends on whether the Client accesses the Service directly, or accesses the Recipient's website or the website of another organization that has integrated the Service, with subsequent redirection to the Service.
3.5. ATMOS guarantees to the User that it will take all necessary measures to ensure the confidentiality of the User's personal data in accordance with the requirements of the current legislation of the Republic of Uzbekistan. The User's consent to the processing of their personal data (including transfer to third parties) is valid for the term of the Agreement and for 5 (five) years after its expiration. The consent to the processing of personal data may be revoked by the User at any time in accordance with the terms of the Agreement.
4. USE OF THE SERVICE
4.1. When the User makes a Payment, including on the Recipient's website or on the website of another organization using the Service, the User will be prompted to complete a form to enter their card details. The User consents to ATMOS storing their Payment Credentials and other registration data provided by the User. ATMOS will store the specified data (such as password, email address, and/or mobile phone number, and Payment Credentials). The benefits of saving this data, including Payment Credentials, are that the User can significantly simplify the checkout process for future purchases on the same website, or on any other website that uses the Service. This may be especially convenient when making a purchase on a mobile device or when the User does not have their bank card on hand.
4.2. The User agrees that ATMOS will use cookies and other technologies operating within the Service to link the User's web browser with their User Data in the Service and to subsequently recognize them when they access services on the websites of Recipients connected to the Service.
4.3. The User consents to receiving messages from ATMOS (containing ATMOS promotional materials as well as information required to make Payments) sent to the User's mobile number, which was entered into the User interface or obtained by ATMOS from banks or payment systems during authorization for a Payment.
5. SERVICE FUNCTIONS
5.1. The Service facilitates the collection, recording, processing, transmission, and storage of information, including the User's Payment Data, but it does not alter any terms of the User's interaction with the Recipient. ATMOS is not liable for the User's actions or Payments made through the Service. Furthermore, ATMOS is not responsible for the quality or other characteristics of the goods (works, services) provided by Recipients, which the User pays for using the Service.
6. AMENDING THE DATA PROVIDED BY THE USER
6.1. The User has the right to delete their Account and Payment Credentials, terminate the storage of information by the Service, withdraw consent to the processing of personal data, or change settings by sending an email to the address specified in the "ATMOS DETAILS AND CONTACT INFORMATION" section of the Agreement.
7. REPRESENTATIONS AND WARRANTIES
7.1. By using the Service, the User confirms and warrants that they have legal capacity and do not intend to use the Service for any fraudulent or other unlawful purposes.
8. LIMITATION OF LIABILITY
8.1. The entire information flow of the Service, including all content, software, functionality, materials, and information made available, provided in connection with a request, or accessible through the Service, is provided "as is," without any subtractions or additions.
8.2. ATMOS makes no representations or warranties with respect to the services or the content, materials, information, and functionality accessible through the Service, or with respect to any security breaches associated with the transmission of confidential information through the Service, in cases where the Service is used in ways not stipulated by this Agreement.
8.3. ATMOS shall not be liable to the User or any third party under any circumstances for any damages and losses, including but not limited to, loss of profit, reputational harm, or any other losses that may be incurred in connection with the User's purchase of goods (works, services) from the Recipient through the Service, for any goods (works, services, information, content) paid for via the Service, or losses incurred by the User as a result of the User's failure to read and/or timely read the terms of this Offer, as well as the rules of the Service's paid functionality upon their activation.
8.4. The User is responsible for and assumes the risk of any actions taken by third parties on the User's behalf from the mobile phone number to which the Service is connected, as well as through applications and programs installed on their mobile device or by using their login credentials to access the Service.
8.5. Each Party acknowledges that the other Party enters into this Agreement recognizing the limitations of liability set forth herein, and that these limitations are an essential basis of the bargain between the parties. Neither Party shall be liable for failure to perform or for delay in performing its obligations caused by any conditions beyond such Party's reasonable control, including, but not limited to, government action or acts of terrorism, earthquakes, fires, floods, or other natural disasters, labor conditions, power failures, and internet disruptions.
9. PAID SERVICE FUNCTIONALITY
9.1. For providing the User with services to use the paid functionality of the Service, as specified in clause 2.3 of the Agreement, the User shall pay ATMOS a fee, the amount of which is displayed in the relevant interfaces of the Service.
9.2. Payment for the paid functionality of the Service may be made by the User by direct debiting of funds from the Card on the terms and in the amounts displayed to the User in the relevant interfaces of the Service. In this case, the activation of the paid functionality by the User in the relevant Service Interface shall serve as confirmation for the direct debiting of funds from the Card.
9.3. If the User disagrees with the fee amount, the User has the right to refuse the services specified in clause 2.3 of the Agreement at any time before clicking the "Pay" or "Transfer" button, activating the direct debit, or otherwise confirming consent to use the paid functionality of the Service.
10. GOVERNING LAW
10.1. This Agreement shall be governed by the laws of the Republic of Uzbekistan. In the event of any complaints, claims, disagreements, or disputes arising in connection with the performance of the Agreement, the Parties undertake to resolve such complaints, claims, disagreements, or disputes through a pre-trial procedure. If a disagreement or dispute cannot be resolved through the pre-trial procedure, either Party shall have the right to refer the dispute to a court for consideration.
11. NOTIFICATIONS
11.1. Informational letters and other messages may be sent to the User by mail, email, by publication on the websites atmos.uz and pulpul.uz, in the PulPul mobile application, or by other acceptable means, including sending SMS messages to the User's subscriber numbers. ATMOS also has the right to provide notifications about changes to the Agreement or other information by displaying links to such notifications on the atmos.uz and pulpul.uz websites. Inquiries to ATMOS may be sent by the User to the address specified in the "ATMOS DETAILS AND CONTACT INFORMATION" section of the Agreement.
12. AMENDMENT OF THE TERMS OF SERVICE
12.1. ATMOS has the right to unilaterally amend the Agreement by posting a new version of the Offer on the websites pulpul.uz and atmos.uz. The new version of the Offer shall take effect from the moment it is posted on the website. The new version of the Offer shall apply to Payments made after its posting on the website. If the User does not agree with any amendment, they must cease using the Service.
12.2. The User has the right to terminate the Agreement at any time by deleting their Account and Payment Details from the Service. Termination of this Agreement does not imply the termination of Agreements for the use of the Service's Paid Features if such services were previously activated by the User.
13. ASSIGNMENT OF RIGHTS
13.1. ATMOS has the right to assign its rights and obligations under the Agreement to third parties without the User's consent.
14. CONSENT TO THE PROCESSING OF PERSONAL DATA
14.1. By entering into this Agreement, the User grants ATMOS consent to the processing of their personal data (including, but not limited to, Payment Account Details, mobile phone number, full name, and registration data), which includes the collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), depersonalization, blocking, deletion, and destruction of personal data, performed with or without the use of automated means, for the purpose of fulfilling this Agreement. The User hereby also consents to the transfer of any personal data they have provided under this Agreement to third parties for the purpose of fulfilling this Agreement.
14.2. The User provides this consent for the following purposes: to identify the User; to provide services to Users through ATMOS Company Services; to verify the solvency and reliability of the personal data subject as a current or potential client of ATMOS or an ATMOS Partner with whom ATMOS has a relevant agreement; to ensure the proper fulfillment of the terms of the Agreement to which the User is a party; to promptly inform the User about the services provided by ATMOS; to include the User in the database of Partners' potential clients, including for the purpose of offering the User Partner services by phone, mail, SMS, or email; to enable the User to receive services from Partners related to obtaining prompt access to credit, banking, insurance, and other Partner products, including receiving goods on an installment plan, loans, credit cards, opening accounts, and obtaining qualified consulting assistance, as well as for the purposes specified in the Security Policy.
14.3. The Security Policy is published on the website atmos.uz.
14.4. For the purposes of this Consent, "personal data" shall mean any information directly or indirectly relating to the User as a personal data subject, including, but not limited to: last name, first name, patronymic; year, month, date, and place of birth; residential address; mailing address; number and series of an identity document; taxpayer identification number; information about education and profession; personal identification number of a natural person; insurance contributions; tax arrears; amount of accumulated pension contributions; information about the ownership of real estate and motor vehicles; information about employment; bank card details, as well as any movement of funds on the bank card; information automatically transmitted from the User's device, including cookies; home, work, and mobile phone numbers; email address; photographs; scanned copies of passport data; data on the User's sources of income and property; scoring data; information on the User's credit obligations, including past obligations; data from publicly available sources; any personal data made public by the personal data subject via the Internet; information contained in publicly available sources of personal data (including, but not limited to, photograph, marital status, date of birth, hometown, family connections, home address, phone number, information about education, etc.), as well as any other information necessary for the specified purposes.
14.5. The User's consent is hereby granted for the performance of any lawful actions with respect to the User's personal data that are necessary or desirable for achieving the aforementioned purposes, including, without limitation: the collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer to third parties), depersonalization, blocking, and destruction of personal data; the processing of personal data for statistical accounting and scientific analysis; and the performance of any other actions with the Client's personal data in accordance with applicable law.
14.6. Personal data shall be processed using the following main methods (but not limited to): collection, storage, combination, transfer, and processing via various means of communication (the "Internet" network), or any other processing of the User's personal data in accordance with the aforementioned purposes and the current legislation of the Republic of Uzbekistan.
14.7. The User hereby consents and authorizes (including authorizing third parties) the consolidation of personal data into a personal data information system and the processing of personal data with or without the use of automated means, as well as by other software, and also agrees to the processing of their personal data for the promotion of goods, works, and services on the market, and for notification about ongoing promotions and available discounts.
14.8. The User hereby acknowledges and confirms that if it becomes necessary to provide personal data to third parties to achieve the aforementioned purposes, or when engaging third parties to provide services for the said purposes, ATMOS shall have the right to disclose to such third parties, their employees, and other persons authorized by them, the necessary scope of information about the User (including the User's personal data) to perform the aforementioned actions, and to provide such persons with the relevant documents containing such information.
14.9. The User hereby consents and authorizes ATMOS to transfer their personal data to third parties for processing; any such third parties shall have the right to process personal data using the methods specified in this Consent:
to "Credit Information and Analytical Center" Credit Bureau LLC;
to "Unified Nationwide Processing Center" LLC;
to the National Interbank Processing Center;
to PROFTAXIT LLC;
to GENESIS INNOVATION LLC;
to mobile network operators;
to credit institutions, including banks of the Republic of Uzbekistan;
to third parties for the purpose of providing payment services to Clients, and for scoring and analyzing the Client's solvency;
to any other third parties in accordance with the stated purposes of processing the Client's personal data;
to other third parties in accordance with the legislation of the Republic of Uzbekistan.
14.10. In doing so, ATMOS guarantees the security of the personal data transferred. The User is hereby notified that ATMOS has the right to transfer their personal data to third parties for the purposes specified above only on the condition that said third parties comply with the requirements of the legislation of the Republic of Uzbekistan on ensuring the confidentiality and security of personal data during its processing.
14.11. This consent to the processing of personal data is given for an indefinite period.
14.12. The User hereby acknowledges and confirms that the User is solely and fully responsible for the personal data they have provided, including its completeness, accuracy, unambiguity, and direct relevance to the User.
14.13. The User hereby acknowledges and confirms that they possess the full legal capacity to grant this consent and grants their consent exclusively in relation to their own personal data.
14.14. The User hereby acknowledges and confirms that they have been acquainted with their rights and obligations in accordance with the Law of the Republic of Uzbekistan No. ZRU-547 of July 2, 2019, "On Personal Data," including the procedure for withdrawing consent to the processing of personal data.
14.15. For the purposes of this consent, "personal data" shall mean any information directly or indirectly relating to me as a personal data subject, including, but not limited to: information specified in the ATMOS interfaces, as well as other information necessary for the aforementioned purposes.
14.15. For the purposes of this consent, personal data refers to any information directly or indirectly related to me as a personal data subject, including: information specified in ATMOS interfaces, as well as other information necessary for the aforementioned purposes.
15. ATMOS Details and Contact Information
- Legal Name: JSC "NATIONAL INNOVATIVE PAYMENT TECHNOLOGIES"
- Registered Address: 39b Istiqbol Street, To'ytepa, Yashnobod District, Tashkent, 100047, Republic of Uzbekistan
- Mailing Address: 39b Istiqbol Street, To'ytepa, Yashnobod District, Tashkent, 100047, Republic of Uzbekistan
- TIN 305097381
- NCEA (OKED) code 58290
- Bank Code (MFO) 01071
- VAT Payer Registration Code 326080094260
- Settlement Account 20208000200808682001 at PCJSCB "Orient Finans"
- +998 71 231 19 00
- info@atmos.uz