PUBLIC OFFER
on the Terms of Registration and Use of Bank Cards in Third-Party Payment Services (Tokenizers) and Digital Wallets

This document, in accordance with Articles 367, 369 and 370 of the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan “On Electronic Commerce” and the Law of the Republic of Uzbekistan “On Payments and Payment Systems”, constitutes an official public offer (the “Public Offer”) of Private Joint-Stock Commercial Bank “Orient Finans” (hereinafter referred to as the “Bank”) and establishes the procedure and terms for the registration, tokenization and performance of transactions using Bank Cards through Third-Party Payment Services (Digital Wallets).

1. TERMS AND DEFINITIONS

Bank — Private Joint-Stock Commercial Bank “Orient Finans” (PJSCB “Orient Finans”), operating under a license issued by the Central Bank of the Republic of Uzbekistan.

Client (Cardholder) — an individual, whether a resident or non-resident of the Republic of Uzbekistan, who has entered into a bank account (card account) agreement with the Bank and is the lawful owner/cardholder of a Bank Card.

Card — a bank payment card of a domestic and/or international payment system, issued by the Bank in the national currency (UZS) or a foreign currency, owned by the Bank and provided to the Client for temporary use. The Card may be a debit, credit, overdraft or virtual card.

Token — a unique digital identifier (a cryptographically protected digital copy/representation of Card details) generated by the payment system upon completion by the Client of the required actions. The Token replaces the actual Card details when transactions are performed and is used in encrypted form.

Tokenization — a high-technology process for protecting Card details by replacing them with a Token generated and provided by the relevant payment system services in order to prevent the compromise of Card data.

Payment Service (Tokenizer) — any third-party, including international, mobile applications, software and hardware systems, and contactless/remote payment platforms that enable the Card to be tokenized for subsequent payments.

Digital Wallet — a combination of Device software technologies and services provided by payment systems and/or third parties that enables the storage of Tokens and the performance of cashless payments without disclosing the actual Card details to the payment recipient.

Device — the Client’s technical device (smartphone, smartwatch, tablet or other wearable device) equipped with wireless communication modules (NFC, etc.) and biometric/password protection mechanisms and supporting integration with Payment Services.

One-Time Password (OTP) — a unique one-time password delivered via SMS, Push notification or the Bank’s Mobile Application and used by the Bank to authenticate the Client when registering a Card with a Payment Service.

Mobile Application — the Bank’s official mobile application, “OFB Mobile”.

2. SUBJECT MATTER OF THE OFFER AND ACCEPTANCE PROCEDURE

2.1. The subject matter of this Offer is to establish the terms and rules governing the integration, storage and use of Tokens of Bank Cards in Third-Party Payment Services (Digital Wallets) for making cashless payments, transfers and other available transactions.

2.2. In accordance with Article 370 of the Civil Code of the Republic of Uzbekistan, the Client’s performance of any of the following actions shall constitute full, unconditional and irrevocable acceptance of the terms of this Offer:

2.2.1. initiation by the Client of the process of adding (linking) a Bank Card through the interface of any Payment Service (Digital Wallet);

2.2.2. entry by the Client of a one-time confirmation code (OTP/SMS/Push) sent by the Bank to the Client’s verified telephone number in order to complete the tokenization process;

2.2.3. confirmation of Card linking and activation of the Token through the Bank’s official Mobile Application.

2.3. The Client may link a bank card (credit or debit) in order to make cashless payments using supported Apple mobile devices and may confirm transactions by fingerprint scanning (Touch ID), facial recognition (Face ID) or entry of the Device passcode in accordance with the security rules of the Payment Service.

2.4. The agreement on the terms of this Offer shall be deemed concluded in electronic form from the moment the Client performs any of the actions specified in Clause 2.2, shall have full legal force and shall be equivalent to an agreement executed in writing on paper. These terms shall automatically apply to all current and future Cards of the Client tokenized in Payment Services.

3. TERMS AND CONDITIONS FOR TRANSACTIONS

3.1. The Client grants the Bank unconditional, irrevocable and prior consent (authorization) to automatically debit funds, without any further authorization, from the Client’s bank (card) account in connection with any transactions, including payment for goods, services, commissions, fees and transfers, made using the Token of the relevant Card through Payment Services.

3.2. Any transaction performed using a Token through a Payment Service shall be deemed to have been performed personally by the Client or with the Client’s direct consent. In accordance with the Law of the Republic of Uzbekistan “On Payments and Payment Systems” and the Law of the Republic of Uzbekistan “On Electronic Commerce”, such transactions shall have the legal force of an electronic document, shall constitute a proper expression of the Client’s intent and shall be deemed equivalent to payments authenticated by the Client’s handwritten signature.

4. PERSONAL DATA

4.1. By accepting the terms of this Offer, the Client, in accordance with the Law of the Republic of Uzbekistan “On Personal Data” and the Law of the Republic of Uzbekistan “On Bank Secrecy”, gives his/her explicit consent to the processing, storage and transfer by the Bank to third parties, including international and domestic payment systems and Payment Service operators, of information constituting bank secrecy and the Client’s personal data, solely to the extent necessary for the registration, tokenization, authentication, activation and servicing of the Card and for carrying out Card transactions through the Digital Wallet.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Client shall:

5.1.1. Ensure strict confidentiality and prevent any third party from gaining access to the Client’s Device, Payment Service accounts, as well as any access codes, passwords and biometric data registered on the Device.

5.1.2. Not register fingerprints or digital biometric profiles of third parties in the biometric system of the Client’s Device (Touch ID / Face ID). Any transaction authenticated using biometric data registered on the Client’s Device shall be deemed to have been performed by the Client.

5.1.3. Immediately contact the Bank to block the Card or Token in the event of loss or theft of the Device, compromise of passwords or any suspicion of unauthorized use of the Digital Wallet.

5.2. The Client shall have the right to:

5.2.1. Review the current version of the Public Offer/Agreement at the Bank’s offices, on the Bank’s corporate website, on the Bank’s official social media pages or in the relevant information systems;

5.2.2. Receive advice on Remote Banking Services from the Bank’s Contact Center or at any Bank branch/unit;

5.2.3. Connect to and use additional services offered by the Bank.

5.3. The Bank shall:

5.3.1. Provide the Services properly, to the extent and within the timeframes established by this Agreement and the applicable legislation of the Republic of Uzbekistan;

5.3.2. Publish the text of this Public Offer/Agreement on the Bank’s corporate website and/or make it available at the Bank’s offices.

5.4. The Bank shall have the right to:

5.4.1. Suspend or block the use of a Token where there is suspicion of unauthorized access, a breach of Device security, data compromise, as well as in cases provided for by the legislation of the Republic of Uzbekistan on combating the legalization of proceeds derived from criminal activity, terrorist financing and financing the proliferation of weapons of mass destruction.

5.4.2. For the purpose of safeguarding the Client’s funds and minimizing fraud risks, unilaterally establish, amend, temporarily suspend or cancel daily, monthly or per-transaction limits for contactless and remote transactions, including transactions made without entering a PIN code at POS terminals, without prior notice to the Client.

5.5. The Client shall bear full responsibility for the risk of unauthorized use of the Token resulting from loss of the Device, transfer of the Device to third parties, compromise of the Device operating system or compromise of passwords.

5.6. All payments and transfers made using the Token before the Bank officially records the Client’s notification regarding loss of the Device or compromise of data and subsequently blocks the relevant Card or Token shall be deemed to have been made by the Client. The Bank shall not refund funds in respect of such transactions.

5.7. The Bank shall not be liable for technical failures, service interruptions, transaction delays, suspension of support or complete blocking of services by the owners/operators of Third-Party Payment Services, telecommunications operators, Internet service providers or payment systems where such circumstances are caused by geopolitical factors, technical regulations or software errors of third parties.

6. CURRENCY AND FINANCIAL TERMS

6.1. When transactions are made using tokenized international Cards, the currency in which funds are debited from the account shall be determined in accordance with the rules of the relevant international payment systems. Conversion of foreign currency into the account currency, and vice versa, shall be performed at the exchange rate of the relevant payment system applicable on the transaction processing date.

6.2. Any exchange-rate difference arising during interbank currency conversion as of the final settlement date of the transaction shall be borne in full by the Client. The Bank shall not compensate the Client for exchange-rate losses caused by fluctuations in the foreign exchange market.

7. DISPUTE RESOLUTION AND AMENDMENTS TO THE OFFER

7.1. The Bank shall have the right to unilaterally amend, supplement or revoke the terms of this Offer. A new version of the document shall enter into force 10 days after its publication on the Bank’s official website or in the Bank’s Mobile Application. Continued use of tokenized Cards in Payment Services after the amendments enter into force shall constitute the Client’s full acceptance of the new terms.

7.2. All disputes, disagreements or claims arising out of or in connection with these terms shall be resolved by the Parties through negotiations, subject to a mandatory pre-trial claims procedure. The Bank shall review a written claim within 15 (fifteen) calendar days from the date of its receipt, unless otherwise provided by mandatory provisions of the legislation of the Republic of Uzbekistan.

7.3. If the Parties are unable to reach an agreement through the claims procedure, the dispute shall be submitted to the competent court at the Bank’s location (registered legal address) in accordance with the applicable procedural legislation of the Republic of Uzbekistan. These terms shall be governed by the substantive and procedural law of the Republic of Uzbekistan.

7.4. These terms constitute an integral part of the Public Offer “On the Provision of Remote Banking Services to Individuals through the OFB Mobile Application” and the Rules for the Use of Bank Cards of PJSCB “Orient Finans”.

In matters not governed by this document, the provisions of the “OFB Mobile” Public Offer and the Bank’s tariffs, which are permanently available at www.ofb.uz, shall apply.

8. BANK DETAILS

PJSCB “Orient Finans”

Registered address:
5 Osiyo Street,
Mirzo-Ulugbek District, Tashkent,
Republic of Uzbekistan.

Contact Center: +998 (71) 200-88-99

Official website: www.ofb.uz