PUBLIC OFFER (USER AGREEMENT)
FOR THE USE OF THE USTABOR PLATFORM
- GENERAL PROVISIONS
1.1. This Public Agreement (hereinafter referred to as the “Offer”) constitutes a public offer of OXUS CAPITAL GROUP Limited Liability Company (hereinafter referred to as the “Operator”), addressed to an indefinite number of persons, and establishes the terms and conditions for the use of the Ustabor digital platform available on the Internet at https://www.ustabor.uz (hereinafter referred to as the “Platform”), as well as the rights, obligations, and liabilities of the Operator and the Users.
1.2. This Offer is an adhesion agreement. Any person who accepts the Offer in accordance with the procedure established herein confirms that, prior to such acceptance, they have fully reviewed the terms of the Offer, understand its content, accept it without any reservations, exceptions, or amendments, and undertake to comply with it throughout the entire period of using the Platform.
1.3. The Platform is an information technology platform intended for the placement by Users of information about the works and/or services they provide, for searching for Operators of works and services, exchanging messages between Users, and using other functionalities available on the Platform.
- TERMS AND DEFINITIONS
For the purposes of this Offer, the following terms shall have the meanings set forth below, unless otherwise expressly follows from the content of the relevant provision:
2.1. Platform — the Ustabor information technology platform available on the Internet at https://www.ustabor.uz, including its website, mobile version, software modules, software, databases, interfaces, services, functionalities, and other digital components intended for use by Users in accordance with this Offer.
2.2. User — any individual, sole proprietor, or legal entity using the Platform, regardless of whether they have completed the registration procedure.
2.3. Customer — a User who uses the Platform to search for Service Operators, review posted information, send messages, submit requests, or otherwise interact with Service Operators through the Platform’s functionality.
2.4. Service Operator (Usta) — a User who has completed registration on the Platform and posts information about the works performed and/or services provided by them for the purpose of receiving orders from Customers.
2.5. Account — a set of data created as a result of a User’s registration on the Platform, enabling the identification of the User and providing access to the Personal Account and the Platform’s functionalities.
2.6. Personal Account — an individual section of the Platform to which the User is granted access after registration and authorization and through which the User utilizes the functionalities of the Platform available to them.
2.7. Registration — the procedure established by the Operator for creating an Account by completing a registration form, confirming a mobile phone number, and performing other actions provided for by the Platform interface.
2.8. Advertisement — information about works performed and/or services provided, posted on the Platform by a Service Operator in the form established by the Operator and intended for review by an indefinite number of Users.
2.9. Moderation — the review of an Advertisement, User Content, or other materials posted by a User on the Platform for compliance with the requirements of this Offer, the legislation of the Republic of Uzbekistan, and the internal rules of the Platform.
2.10. Content — any text materials, images, photographs, graphic elements, video recordings, audio recordings, documents, information, reviews, messages, comments, and other items posted on the Platform by Users or the Operator.
2.11. Paid Services — additional functionalities of the Platform provided by the Operator for a separate fee, the list, cost, terms of provision, and procedure for use of which are determined by the Operator and published on the Platform.
2.12. Personal Data — information recorded on electronic, paper, and/or other tangible media relating to an identified individual or enabling their identification in accordance with the legislation of the Republic of Uzbekistan and the Platform’s Privacy Policy.
3. SUBJECT OF THE OFFER3.1. Under this Offer, the Operator grants Users the right to use the Platform’s functionalities under a simple (non-exclusive), revocable, non-transferable, and royalty-free license, unless otherwise expressly provided by this Offer or by the terms governing specific Paid Services.
3.2. The Platform enables Users to:
- a) search for Service Operators by category, location, rating, and other parameters provided by the Platform’s functionality;
- b) post information about works performed and/or services provided;
- c) view Advertisements and information posted by other Users;
- d) exchange messages through the Platform’s built-in functionality;
- e) communicate with Service Operators by telephone using the contact information published on the Platform;
- f) use other functionalities provided by the Platform.
3.3. The Operator ensures the operation of the Platform and provides Users with the technical ability to interact through its functionality; however, the Operator is not a party to any legal relationships arising between Users in connection with the performance of works, provision of services, conclusion of transactions, or achievement of any other agreements.
3.4. All negotiations, agreements, conclusion, amendment, performance, and termination of contracts between Users are carried out independently by the Users and solely at their own responsibility.
3.5. The Operator does not act as an employer, customer, contractor, service Operator, agent, commission agent, attorney-in-fact, or representative of any User unless otherwise expressly provided by a separate written agreement between the Operator and the relevant User.
3.6. The Operator does not verify the professional qualifications, special knowledge, experience, permits, licenses, certificates, or other documents of Service Operators unless such verification is expressly required by the legislation of the Republic of Uzbekistan or the Operator’s internal procedures.
3.7. The Operator does not guarantee:
- a) the conclusion of an agreement between Users;
- b) that a Service Operator will receive orders;
- c) that a Customer will obtain the desired result;
- d) that the quality of works performed and/or services provided will meet the expectations of Users;
- e) the accuracy of information posted by Users, except for information that has been expressly verified by the Operator and appropriately marked on the Platform.
3.8. Users independently assess the accuracy of the information posted on the Platform, make their own decisions regarding interaction with each other, the conclusion of agreements, and the performance of assumed obligations, and independently bear all risks associated therewith.
4. PROCEDURE FOR CONCLUDING THE AGREEMENT (ACCEPTANCE OF THE OFFER)4.1. This Offer constitutes a public offer in accordance with the legislation of the Republic of Uzbekistan and shall enter into force from the moment it is published on the Platform, unless a different effective date is specified by the Operator.
4.2. Acceptance of this Offer shall mean the User’s full and unconditional acceptance of the terms of this Offer through actions indicating the User’s intention to use the Platform.
4.3. Depending on the category of the User, Acceptance of the Offer shall be effected as follows:
4.3.1. for a User who uses the Platform without registration — from the moment the User begins using the Platform’s functionalities available without creating an Account;
4.3.2. for a User undergoing Registration — from the moment Registration is completed and consent to this Offer is confirmed by selecting the appropriate checkbox or performing another action provided by the Platform interface.
4.4. By accepting this Offer, the User confirms and warrants that:
- a) the User has fully reviewed the terms of this Offer;
- b) the User understands the content and legal consequences of accepting this Offer;
- c) the User accepts the terms of this Offer voluntarily, fully, and without any reservations, exceptions, or amendments;
- d) the User possesses the legal capacity and legal competence necessary to enter into this Agreement or acts through a legal representative or duly authorized person in cases provided for by the legislation of the Republic of Uzbekistan;
- e) the User undertakes to comply with the terms of this Offer throughout the entire period of using the Platform.
4.5. The Operator may amend the terms of this Offer at any time in accordance with the procedure set forth in the “Amendment of the Offer” section. Continued use of the Platform after a new version of the Offer enters into force shall be deemed the User’s acceptance of such amendments.
4.6. If the User does not agree with the terms of this Offer or with any amendments made thereto by the Operator, the User must discontinue use of the Platform. Continued use of the Platform after the obligation to review the terms of this Offer or its revised version has arisen shall constitute the User’s acceptance of the relevant terms.
5. REGISTRATION AND USE OF AN ACCOUNT5.1. Registration on the Platform is mandatory for Users who intend to post Advertisements, use functionalities available exclusively to registered Users, or use Paid Services. The use of Platform functionalities that do not require the creation of an Account is permitted without Registration unless otherwise provided by this Offer or the Platform’s functionality.
5.2. To complete Registration, the User must provide accurate, current, and complete information requested by the Platform’s registration form and must promptly update such information in the event of any changes.
5.3. The Operator independently determines the list of information required for Registration and may modify such information depending on the Platform’s functionalities, the requirements of the legislation of the Republic of Uzbekistan, and the Operator’s internal procedures.
5.4. During Registration, the User must provide only their own accurate information. Registration on behalf of another person, the use of false information, or the creation of an Account without proper authority is prohibited.
5.5. Each User may have only one Account unless otherwise expressly provided by the Operator. The creation of multiple Accounts by the same User for the purpose of circumventing restrictions, artificially promoting Advertisements, misleading other Users, or obtaining unjustified advantages is prohibited.
5.6. The User is solely responsible for maintaining the confidentiality of the credentials used to access the Account and shall be responsible for all actions performed through their Account unless the User proves that such actions resulted from unlawful actions of third parties or a malfunction of the Platform.
5.7. The User must immediately notify the Operator of any unauthorized access to their Account or of any grounds to believe that access credentials have become known to third parties.
5.8. The Operator may refuse Registration or suspend or terminate access to an Account in cases provided for by this Offer, the legislation of the Republic of Uzbekistan, or where there are sufficient grounds to believe that the User’s actions violate the rights and legitimate interests of the Operator, other Users, or third parties.
5.9. Registration of a User and the creation of an Account do not constitute confirmation of the User’s professional qualifications, experience, licenses, permits, certificates, or other specialized knowledge and do not in themselves constitute confirmation of the accuracy of information posted by the User on the Platform.
6. USE OF THE PLATFORM6.1. The User undertakes to use the Platform in good faith, reasonably, solely for the purposes provided for by this Offer, and in compliance with the legislation of the Republic of Uzbekistan, as well as the rights and legitimate interests of the Operator, other Users, and third parties.
6.2. When using the Platform, the User must comply with the requirements of the legislation of the Republic of Uzbekistan, standards of morality and business ethics, and refrain from any actions that may cause harm to the Operator, other Users, or third parties.
6.3. When using the Platform, the User is prohibited from:
6.3.1. using the Platform in any manner that violates the legislation of the Republic of Uzbekistan or this Offer;
6.3.2. taking actions aimed at disrupting the normal operation of the Platform, including attempts to gain unauthorized access to software, databases, accounts of other Users, or other information resources of the Operator;
6.3.3. using software tools, automated scripts, bots, parsers, mass data collection programs, or other technologies capable of creating an excessive load on the Platform or carrying out automated interaction with it without the Operator’s prior written consent;
6.3.4. taking actions aimed at circumventing technical, functional, or other restrictions established by the Operator;
6.3.5. interfering with the operation of the Platform, modifying its source code, attempting to decompile, disassemble, modify, or otherwise gain access to the Platform’s source code, except where expressly permitted by the legislation of the Republic of Uzbekistan;
6.3.6. using the Platform to distribute malicious software, computer viruses, malicious code, spam, or other information capable of disrupting the operation of the Platform or causing harm to other Users;
6.3.7. impersonating another person, using another person’s Account, or otherwise misleading Users regarding their identity.
6.4. The Operator may independently determine the composition, content, scope, and procedure for providing the Platform’s functionalities and may modify, supplement, restrict, or discontinue certain functions for the purposes of Platform development, enhancing information security, ensuring compliance with the legislation of the Republic of Uzbekistan, or for other reasonable grounds. Such changes shall not constitute a breach of this Offer provided that they do not deprive Users of the ability to use the Platform for its primary purpose.
6.5. Contact information posted by Users on the Platform is provided solely for the purpose of interaction related to the performance of works and/or provision of services. The use of such information for advertising mailings, mass messaging, unsolicited offers, collection of personal data, creation of databases, or any other purposes unrelated to the intended use of the Platform is prohibited.
6.6. All decisions regarding the initiation, continuation, or termination of interactions between Users are made independently by the Users. Users independently determine the terms of performance of works, provision of services, pricing, deadlines, payment procedures, and other conditions of cooperation unless otherwise expressly provided by the functionalities of the Platform.
6.7. The User shall refrain from any actions that may negatively affect the business reputation of the Platform, violate the rights of other Users, create threats to information security, or hinder the use of the Platform by other persons.
6.8. The User is prohibited from using the Platform’s messaging functionality to distribute materials whose content violates the legislation of the Republic of Uzbekistan, this Offer, or the rights and legitimate interests of other Users and third parties, as well as for sending unsolicited messages (spam), malicious software, fraudulent offers, or any other information capable of causing harm to Users or the Platform.
- POSTING OF ADVERTISEMENTS AND MODERATION
7.1. Only Service Operators registered in accordance with the requirements of this Offer shall be entitled to post Advertisements on the Platform.
7.2. When posting a Advertisement, the Service Operator shall provide accurate, up-to-date, and non-misleading information regarding the works performed and/or services rendered. The Service Operator shall be solely responsible for the completeness, accuracy, and relevance of the information posted.
7.3. A Advertisement must comply with the legislation of the Republic of Uzbekistan, this Offer, as well as the technical requirements and posting rules published on the Platform.
7.4. The Service Operator represents and warrants that:
- a) it possesses all rights necessary to publish the information being posted;
- b) the use of texts, photographs, images, trademarks, logos, video materials, and other materials does not infringe the rights of third parties;
- c) the information being posted does not contain any content the dissemination of which is prohibited under the legislation of the Republic of Uzbekistan.
7.5. The following Advertisements shall not be permitted:
- a) Advertisements containing false or misleading information;
- b) Advertisements advertising activities, goods, works, or services the circulation, provision, or performance of which is prohibited or restricted under the legislation of the Republic of Uzbekistan;
- c) Advertisements infringing the rights of third parties, including intellectual property rights and rights to means of individualization;
- d) Advertisements containing information intended to incite hatred, discrimination, violence, extremism, or any other information the dissemination of which is prohibited by law;
- e) Advertisements containing malicious links, software code, or other elements capable of disrupting the operation of the Platform or causing harm to Users;
- f) Advertisements containing obscene language, insults, or other information contrary to public morality and standards of business ethics.
7.6. A Service Operator may modify or remove its Advertisement at any time through the Platform’s functionality, unless otherwise restricted by moderation procedures or technical features of the Platform.
7.7. All Advertisements shall be subject to moderation in the manner and scope determined by the Operator. Moderation is carried out solely for the purpose of verifying compliance of a Advertisement with this Offer, the legislation of the Republic of Uzbekistan, and the internal rules of the Platform, and shall not constitute confirmation of the accuracy of the posted information, the quality of the works performed and/or services rendered, or the professional qualifications of the Service Operator.
7.8. Following moderation, the Operator shall have the right to:
- a) publish the Advertisement;
- b) reject the publication of the Advertisement, specifying the reasons for such rejection;
- c) request the Service Operator to remedy the identified violations and resubmit the Advertisement for moderation.
7.9. Notification of the moderation results shall be provided to the Service Operator through the Personal Account and, where technically feasible, through other means provided by the Platform’s functionality.
7.10. The Operator shall have the right to remove a Advertisement from publication or restrict access to it after publication if circumstances indicating a violation of this Offer, the legislation of the Republic of Uzbekistan, or the rights and legitimate interests of third parties are identified. Where technically feasible, the Operator shall notify the Service Operator of the reasons for such decision through the Personal Account or by any other communication channel specified by the User.
7.11. After remedying the identified violations, the Service Operator may resubmit the Advertisement for moderation unless the violations are of such nature that they preclude the placement of the Advertisement on the Platform.
8. PAID SERVICES AND PAYMENT TERMS8.1. The Operator may provide Users with additional Platform functionalities on a paid basis (hereinafter referred to as the “Paid Services”). The list of Paid Services, the terms of their provision, fees, validity periods, and conditions of use shall be determined by the Operator and published on the Platform.
8.2. The use of Paid Services shall be entirely at the User’s discretion and shall not constitute a mandatory condition for using the core functionalities of the Platform unless otherwise expressly provided by the functionality of the relevant Paid Service.
8.3. The fees for Paid Services shall be determined by the Operator and displayed on the Platform at the time the User places the relevant order. The fees for Paid Services shall include all applicable taxes and mandatory charges unless otherwise expressly indicated on the Platform.
8.4. Payment for Paid Services shall be made using the payment methods available on the Platform at the time of payment. The Operator may engage third parties to facilitate the acceptance and processing of payments.
8.5. A Paid Service shall be deemed ordered upon successful completion of payment unless otherwise provided in the terms of the relevant Paid Service. The Operator shall commence provision of the Paid Service upon receipt of confirmation of successful payment unless otherwise specified in the terms of the relevant Paid Service.
8.6. The Operator may modify the list of Paid Services, their fees, content, duration, and conditions of provision at any time. Such changes shall apply only to Paid Services ordered after the effective date of the relevant changes unless otherwise expressly provided in the terms of a specific Paid Service.
8.7. If the provision of a Paid Service becomes impossible due to circumstances attributable to the User, the amounts paid shall not be refundable unless otherwise required by the legislation of the Republic of Uzbekistan or by the terms of the relevant Paid Service. If the impossibility of providing a Paid Service arises due to the fault of the Operator, the Operator shall either provide the relevant service at a later date or refund the payment in accordance with the legislation of the Republic of Uzbekistan.
8.8. Refunds shall be made using a method determined by the Operator, taking into account the payment method used, the requirements of the legislation of the Republic of Uzbekistan, and the rules of the relevant payment system.
8.9. The Operator shall not be liable for the inability to pay for Paid Services or for delays in payment processing caused by circumstances beyond the Operator’s reasonable control, including failures of banks, payment institutions, telecommunications operators, payment infrastructure Operators, or other third parties.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES9.1. The Operator shall have the right to:
9.1.1. Determine the composition, content, architecture, design, interface, functionalities, and procedures for using the Platform, and to modify, supplement, restrict, or discontinue certain functions in accordance with this Offer.
9.1.2. Moderate Advertisements and other Content posted by Users and make decisions regarding their publication, rejection, suspension, restriction of access, or removal in cases provided for by this Offer.
9.1.3. Request additional information or documents from a User where necessary to verify the accuracy of information, ensure compliance with the legislation of the Republic of Uzbekistan, prevent fraud, or protect the rights and legitimate interests of the Operator, other Users, or third parties.
9.1.4. Suspend or restrict a User’s access to certain functionalities of the Platform in the cases and manner provided for by this Offer.
9.1.5. Modify the list, fees, and conditions of provision of Paid Services in accordance with this Offer.
9.1.6. Send Users notifications related to the use of the Platform, performance of this Offer, changes to the Platform’s functionalities, as well as informational messages necessary for the operation of the Platform.
9.1.7. Use anonymized statistical data relating to the operation of the Platform for analytical, research, and other lawful purposes, provided that such use does not allow the identification of a specific User.
9.1.8. Exercise other rights provided by the legislation of the Republic of Uzbekistan and this Offer.
9.2. The Operator undertakes to:9.2.1. Ensure the operation of the Platform within the limits of its technical capabilities.
9.2.2. Provide Users with access to the functionalities of the Platform in accordance with this Offer.
9.2. The Operator undertakes to:9.2.3. Process Users’ personal data in accordance with the legislation of the Republic of Uzbekistan and the Platform’s Privacy Policy.
9.2.4. Review Users’ inquiries and requests in the manner and within the timeframes established by this Offer or the Operator’s internal rules.
9.2.5. Use reasonable efforts to ensure the stable and secure operation of the Platform.
9.2.6. Fulfill other obligations provided for by the legislation of the Republic of Uzbekistan and this Offer.
9.3. The User shall have the right to:9.3.1. Use the functionalities of the Platform in accordance with this Offer.
9.3.2. Access information posted on the Platform within the scope of the available functionality.
9.3.3. Contact the Operator regarding the use of the Platform, report technical errors, violations of this Offer, or other circumstances preventing the use of the Platform.
9.3.4. Modify and remove Advertisements belonging to the User in the cases provided for by this Offer.
9.3.5. Use Paid Services in accordance with the terms of this Offer.
9.3.6. Request protection of their personal data in the cases and manner provided for by the legislation of the Republic of Uzbekistan.
9.3.7. Exercise other rights provided for by the legislation of the Republic of Uzbekistan and this Offer.
9.4. The User undertakes to:9.4.1. Comply with the requirements of this Offer, the legislation of the Republic of Uzbekistan, and other mandatory rules governing the use of the Platform.
9.4.2. Provide accurate, complete, and up-to-date information when using the Platform.
9.4.3. Promptly update information contained in the User Account and Advertisements whenever such information changes.
9.4.4. Refrain from infringing the rights and legitimate interests of the Operator, other Users, and third parties.
9.4.5. Independently ensure the security and confidentiality of credentials used to access the User Account and not disclose or transfer them to third parties.
9.4.6. Promptly notify the Operator of any unauthorized access to the User Account or any circumstances giving reason to believe that account credentials have become known to third parties.
9.4.7. Independently assess the accuracy and reliability of information posted by other Users and make decisions regarding interaction with them at their own risk and responsibility.
9.4.8. Independently comply with the legislation of the Republic of Uzbekistan when performing works, providing services, entering into agreements with other Users, and fulfilling obligations arising therefrom.
9.4.9. Not use the Platform for unlawful activities, fraudulent conduct, infringement of third-party rights, or any other actions capable of causing harm to the Operator, other Users, or third parties.
9.4.10. Fulfill other obligations provided for by the legislation of the Republic of Uzbekistan and this Offer.
10. INTELLECTUAL PROPERTY AND USER CONTENT10.1. All exclusive rights to the Platform, including its software, source code, databases, design, interface, trade name, commercial designation, trademarks, logos, graphic elements, textual materials, audiovisual materials, visual design elements, as well as other intellectual property objects and means of individualization, shall belong to the Operator or other respective rights holders and shall be protected in accordance with the legislation of the Republic of Uzbekistan and applicable international treaties.
10.2. The use of the intellectual property objects specified in Clause 10.1 of this Offer shall be permitted solely within the scope of the Platform’s functionalities and shall not result in the transfer or grant to the User of any exclusive rights to such objects.
10.3. Without the Operator’s prior written consent, the User shall not reproduce, copy, distribute, publish, adapt, translate, decompile, modify, use for commercial purposes, or otherwise exploit, in whole or in part, any intellectual property belonging to the Operator, except where expressly permitted by the legislation of the Republic of Uzbekistan or this Offer.
10.4. By posting Content on the Platform, the User represents and warrants that:
- a) the User possesses all rights necessary to post such Content or has obtained all required permissions for its use;
- b) the posting of the Content does not infringe the rights and legitimate interests of third parties, including intellectual property rights, moral rights, image rights, trademark rights, and other proprietary rights;
- c) the Content complies with the legislation of the Republic of Uzbekistan and this Offer.
10.5. By posting Content on the Platform, the User grants the Operator a worldwide, royalty-free, non-exclusive license to use such Content solely for the purposes of operating, administering, moderating, storing, displaying, processing, distributing within the Platform, creating backup copies, and promoting the Platform and its services. Such license shall remain valid for the period during which the Content is available on the Platform and for any additional period objectively necessary to comply with legal requirements, archival retention obligations, backup procedures, and the protection of the Operator’s legitimate interests.
10.6. The User shall retain all exclusive rights to the Content owned by the User. The grant of the license under Clause 10.5 of this Offer shall not constitute an assignment of exclusive rights or otherwise restrict the User’s right to use such Content at the User’s own discretion.
10.7. The Operator shall not acquire ownership of User Content and shall have no obligation to verify its originality, authorship, or the User’s authority to use such Content, except where such obligation is expressly required by the legislation of the Republic of Uzbekistan.
10.8. Upon receipt of a complaint from a rights holder or where the Operator has reasonable grounds to believe that posted Content violates the legislation of the Republic of Uzbekistan or the rights of third parties, the Operator may, without obtaining the User’s prior consent, restrict access to or remove such Content in accordance with the procedures established by this Offer.
10.9. The User shall bear sole responsibility for any infringement of third-party rights arising from the posting of Content on the Platform and undertakes to resolve any related claims independently and at the User’s own expense. If claims, complaints, legal actions, penalties, or losses are incurred by the Operator as a result of the User’s infringement of third-party rights, the User shall indemnify the Operator for all documented losses resulting from such infringement in accordance with the legislation of the Republic of Uzbekistan.
11. PERSONAL DATA AND CONFIDENTIALITY11.1. The Operator shall process Users’ personal data in accordance with the legislation of the Republic of Uzbekistan, this Offer, and the Privacy Policy published on the Platform.
11.2. By accepting this Offer, the User confirms that they have read the Privacy Policy, understand the procedures for processing their personal data, and consent to such processing where such consent is required under the legislation of the Republic of Uzbekistan.
11.3. The Operator shall process Users’ personal data only to the extent necessary for:
- a) registration and identification of Users;
- b) providing access to the Platform’s functionalities;
- c) performance of this Offer;
- d) handling Users’ inquiries and requests;
- e) ensuring the information security of the Platform;
- f) fulfilling obligations imposed by the legislation of the Republic of Uzbekistan;
- g) achieving other lawful purposes specified in the Privacy Policy.
11.4. The Operator shall implement the necessary legal, organizational, and technical measures to protect Users’ personal data against unauthorized access, destruction, alteration, blocking, copying, dissemination, and other unlawful actions in accordance with the requirements of the legislation of the Republic of Uzbekistan.
11.5. The User undertakes to provide only accurate personal data, promptly update such data in the event of any changes, and refrain from providing personal data of third parties without a valid legal basis.
11.6. Where the User posts personal data of third parties on the Platform, the User shall bear sole responsibility for having the necessary legal grounds for such processing and disclosure and for complying with the requirements of the legislation of the Republic of Uzbekistan.
11.7. The Operator may engage third parties to ensure the operation of the Platform, data storage, payment processing, technical support, delivery of notifications, and the performance of other functions necessary for the execution of this Offer, provided that the requirements of the legislation of the Republic of Uzbekistan concerning personal data are observed.
11.8. The Operator shall maintain the confidentiality of Users’ personal data, except where:
- a) the relevant information has become publicly available through the actions of the User;
- b) disclosure is required to comply with the legislation of the Republic of Uzbekistan;
- c) information is provided upon the request of authorized governmental authorities acting within their legal powers;
- d) disclosure is necessary for the performance of this Offer or for the protection of the Operator’s rights and legitimate interests.
11.9. The User’s rights as a data subject, the procedure for exercising such rights, personal data retention periods, categories of processed data, information regarding cross-border data transfers (where applicable), and the use of cookies and other technologies shall be governed by the Privacy Policy.
12. SUSPENSION OF ACCESS, ACCOUNT BLOCKING, AND ACCOUNT DELETION12.1. The Service Operator shall have the right to temporarily restrict a User’s access to certain Platform functionalities, suspend an Account, or delete an Account in the cases and according to the procedure provided for by this Offer and the legislation of the Republic of Uzbekistan.
12.2. Grounds for applying the measures specified in Clause 12.1 of this Offer include, but are not limited to:
12.2.1. violation by the User of the requirements of this Offer;
12.2.2. posting information that contradicts the legislation of the Republic of Uzbekistan;
12.2.3. posting false or misleading information or otherwise misleading other Users;
12.2.4. use of the Platform for unlawful purposes or for fraudulent activities;
12.2.5. violation of the rights and legitimate interests of the Service Operator, other Users, or third parties;
12.2.6. creation of multiple Accounts in violation of this Offer;
12.2.7. attempts to circumvent the technical restrictions of the Platform;
12.2.8. use of automated tools, bots, data-scraping software, or other technologies that interfere with the normal operation of the Platform;
12.2.9. receipt of a mandatory order from a governmental authority or a court decision that has entered into legal force;
12.2.10. other cases provided for by the legislation of the Republic of Uzbekistan or this Offer.
12.3. When determining the appropriate enforcement measure, the Service Operator shall take into account the nature of the violation, its consequences, recurrence, the degree of risk of harm to the Platform, other Users, or third parties, as well as the possibility of remedying the violation.
12.4. Unless doing so would prevent the achievement of the purpose of the measure or would contradict the legislation of the Republic of Uzbekistan, the Service Operator shall notify the User of the restriction of access, suspension, or deletion of the Account, stating the reasons for such decision, through the Personal Account, email, SMS message, or any other communication method provided by the User.
12.5. If the nature of the violation allows it to be remedied, the Service Operator may grant the User a reasonable period to correct the violation before applying the measures specified in Clause 12.1 of this Offer. After remedying the violation, the User may request a review of the previously adopted decision and provide supporting documents or information.
12.6. The Service Operator shall have the right, without prior notice and without granting a period for remedying the violation, to restrict access to the Platform, suspend, or delete an Account where:
- a) further use of the Platform poses a threat to its security;
- b) the User’s actions show signs of unlawful activity;
- c) maintaining access may cause harm to the Service Operator, other Users, or third parties;
- d) immediate restriction of access is required by the legislation of the Republic of Uzbekistan or by a binding act of a competent governmental authority.
12.7. Deletion of an Account shall result in termination of the User’s access to the Platform functionalities associated with that Account, unless otherwise provided by the legislation of the Republic of Uzbekistan or this Offer. Deletion of an Account shall not terminate obligations of the User that arose prior to such deletion and shall not release the User from liability for violations committed before deletion.
12.8. Following deletion of an Account, the Service Operator may retain information and documents related to the User’s use of the Platform for the periods established by the legislation of the Republic of Uzbekistan or as necessary to protect its rights and legitimate interests, resolve disputes, fulfill obligations to governmental authorities, and comply with information security requirements.
12.9. The User shall have the right to submit a request to the Service Operator for reconsideration of a decision to suspend access to or block an Account in accordance with the procedure established by this Offer. Such requests shall be reviewed within the timeframes and according to the procedure set forth in the section “Procedure for Handling Requests and Claims.”
13. LIABILITY OF THE PARTIES13.1. Each Party shall be liable for failure to perform or improper performance of its obligations under this Offer in accordance with the legislation of the Republic of Uzbekistan and the terms of this Offer.
13.2. The User shall be solely responsible for:
13.2.1. the accuracy, completeness, and relevance of information posted on the Platform;
13.2.2. the content of Advertisements, messages, reviews, and other Content;
13.2.3. compliance with the legislation of the Republic of Uzbekistan when using the Platform;
13.2.4. fulfillment of obligations undertaken towards other Users;
13.2.5. the quality, safety, and timeliness of works performed or services provided;
13.2.6. respecting the rights of third parties when posting Content;
13.2.7. any consequences resulting from the provision of inaccurate information.
13.3. The Service Operator shall be responsible solely for the proper provision of the Platform’s functionalities within the scope of obligations established by this Offer and the legislation of the Republic of Uzbekistan.
13.4. The Service Operator is not a party to any arrangements between Users and does not participate in the conclusion, performance, amendment, or termination of agreements entered into between them. The Service Operator does not perform works (services), sell goods posted on the Platform, or assume any obligations arising between Users.
13.5. The Service Operator shall not be liable for:
- a) the accuracy of information posted by Users;
- b) the quality, safety, timeliness, cost, or results of works and/or services provided by Users;
- c) the performance or non-performance of obligations by Users towards one another;
- d) the actions or omissions of Users;
- e) a User’s choice of contractor, service Operator, or business counterparty;
- f) losses arising from interactions between Users outside the Platform;
- g) decisions made by Users based on information posted on the Platform.
13.6. The Service Operator does not guarantee:
- a) the conclusion of any transaction between Users;
- b) that a User will receive orders or clients;
- c) the achievement of any economic or commercial result through the use of the Platform;
- d) uninterrupted availability of individual Platform functions.
13.7. The Service Operator shall take reasonable measures to ensure the stable and secure operation of the Platform; however, it does not guarantee the absence of technical errors, interruptions, temporary unavailability of certain functions, or other circumstances arising from the operation of telecommunications networks, software, or the actions of third parties.
13.8. A User who violates this Offer or the legislation of the Republic of Uzbekistan shall compensate the other Party for documented damages caused by such violation in accordance with the legislation of the Republic of Uzbekistan. If claims, complaints, lawsuits, penalties, or other liability measures are brought against the Service Operator as a result of the User’s violation of the legislation of the Republic of Uzbekistan, this Offer, or the rights of third parties, such User shall indemnify the Service Operator for documented losses incurred in connection with the consideration of such claims and the protection of its rights.
14. FORCE MAJEURE14.1. The Parties shall be released from liability for full or partial non-performance or improper performance of their obligations under this Offer if such non-performance results from force majeure circumstances arising after the conclusion of this Agreement, which the Parties could not reasonably foresee, prevent, or overcome.
14.2. Force majeure circumstances shall include extraordinary and unavoidable events occurring under the given conditions, including but not limited to:
- a) natural disasters (earthquakes, floods, hurricanes, wildfires, and other natural catastrophes);
- b) wars, armed conflicts, terrorist acts, sabotage, mass riots, and civil disturbances;
- c) epidemics, pandemics, quarantine measures, and other extraordinary sanitary and epidemiological circumstances;
- d) adoption by governmental authorities of regulatory or individual acts that make performance of obligations under this Offer impossible in whole or in part;
- e) failures of energy, telecommunications, or other infrastructure facilities resulting in the inability of the Platform to operate;
- f) large-scale cyberattacks, failures of data centers, hosting Operators, telecommunications operators, or other technological services, provided such circumstances are beyond the reasonable control of the Service Operator;
- g) other extraordinary circumstances that qualify as force majeure under the legislation of the Republic of Uzbekistan.
14.3. The following shall not be considered force majeure circumstances:
- a) lack of funds or financial resources of a Party;
- b) breach of obligations by a Party’s contractors or counterparties, except where such breach is directly caused by force majeure circumstances;
- c) changes in market conditions or changes in the cost of goods, works, or services;
- d) other circumstances that could have been prevented or overcome by the Party through the exercise of reasonable care and diligence.
14.4. A Party affected by force majeure circumstances shall notify the other Party of their occurrence and the anticipated impact on the performance of obligations within a reasonable period after such notification becomes objectively possible. Upon cessation of the force majeure circumstances, the affected Party shall notify the other Party thereof without undue delay.
14.5. In the event of force majeure circumstances, the time for performance of obligations shall be extended for the duration of such circumstances and the period necessary to eliminate their consequences, unless otherwise follows from the nature of the obligation.
14.6. If force majeure circumstances continue for more than sixty (60) consecutive calendar days and prevent further performance of this Offer, either Party may terminate further performance of this Offer by providing notice to the other Party. Such termination shall not constitute a breach of this Offer and shall not give rise to any obligation to compensate losses arising solely as a result of the force majeure circumstances.
15. DISPUTE RESOLUTION15.1. Any disputes, disagreements, or claims arising between the Service Operator and the User in connection with the conclusion, performance, amendment, termination, or interpretation of this Offer shall, as far as possible, be resolved through negotiations and mutual consultations.
15.2. Prior to initiating court proceedings, the interested Party may submit a written claim to the other Party setting out the substance of the claim and the circumstances on which it is based. Where a mandatory pre-trial claim procedure is required by the legislation of the Republic of Uzbekistan, the Parties shall comply with such procedure.
15.3. A claim may be submitted:
- a) through the Platform’s functionality, where such functionality is available;
- b) to the email address provided by the respective Party;
- c) by postal mail;
- d) by any other method that reliably confirms the sending and receipt of the communication.
15.4. The Party receiving the claim shall review it within a reasonable period, but no later than fifteen (15) business days from the date of receipt, unless a different period is established by the legislation of the Republic of Uzbekistan. Following review of the claim, a reasoned response shall be provided, either fully or partially satisfying the claim or rejecting it with an explanation of the reasons.
15.5. If the dispute cannot be resolved through negotiations or the claim procedure, the interested Party shall have the right to seek protection of its rights in court in accordance with the legislation of the Republic of Uzbekistan.
15.6. The relations between the Service Operator and the User shall be governed by the laws of the Republic of Uzbekistan. Any matters not regulated by this Offer shall be governed by the legislation of the Republic of Uzbekistan.
15.7. Disputes shall be resolved by a court having jurisdiction in accordance with the legislation of the Republic of Uzbekistan.
16. USER REQUESTS AND INQUIRIES16.1. The User shall have the right to contact the Service Operator regarding matters related to the use of the Platform, including registration, use of the Platform’s functionalities, posting of Advertisements, operation of Paid Services, restoration of access to an Account, as well as any other matters related to the performance of this Offer.
16.2. Requests and inquiries may be submitted through the Platform’s functionality (where available), to the Service Operator’s email address, or by other communication methods specified on the Platform.
16.3. A request or inquiry must contain sufficient information for its consideration, including, where applicable:
- a) information enabling identification of the User;
- b) a description of the situation that has arisen;
- c) information supporting the circumstances relied upon by the User;
- d) where available, documents, photographs, screenshots, or other materials relevant to the review of the request.
16.4. The Service Operator shall review User requests within a reasonable period, but no later than fifteen (15) business days from the date of receipt, unless a different period is established by the legislation of the Republic of Uzbekistan or unless an additional investigation is required. If additional information or documents are necessary for reviewing the request, the Service Operator may request them from the User. In such case, the review period shall commence from the date the requested information is received.
16.5. The Service Operator may decline to consider a request on its merits if:
- a) the request does not contain the information necessary for its review;
- b) the request contains obscene language, threats, insults, or other expressions that violate standards of business conduct and generally accepted ethics;
- c) the request does not relate to the use of the Platform;
- d) a reasoned response has already been provided to the same request and no new circumstances have been presented.
Leaving a request without substantive consideration shall not prevent the User from submitting it again after the relevant deficiencies have been corrected.
16.6. The Service Operator may communicate with the User to clarify the circumstances described in the request and may request additional information and documents necessary for an objective review.
16.7. A response to a request shall be sent using the same communication method by which the request was received or by another method that reliably delivers the response to the User, unless the Parties agree otherwise.
16.8. Providing a response to a User request shall not constitute an acknowledgment by the Service Operator of any violation of this Offer, an obligation to compensate losses, or the assumption of any other obligations, unless expressly stated in such response.
16.9. User requests shall be reviewed solely for the purposes of ensuring the operation of the Platform, performing this Offer, protecting the rights and legitimate interests of the Parties, and improving the quality of the services provided.
17. AMENDMENTS TO THE OFFER17.1. The Service Operator may amend and/or supplement this Offer at any time for the purposes of improving the operation of the Platform, modifying its functionalities, ensuring compliance with the legislation of the Republic of Uzbekistan, or for other reasons related to the Service Operator’s activities.
17.2. A new version of the Offer shall be published on the Platform together with the date on which it becomes effective, unless otherwise required by the legislation of the Republic of Uzbekistan.
17.3. Unless otherwise provided in the new version of the Offer, amendments shall become effective from the date of their publication on the Platform.
17.4. Continued use of the Platform after the effective date of a new version of the Offer shall constitute the User’s acceptance of such amendments. If the User does not agree with the new version of the Offer, the User must discontinue use of the Platform and, if an Account exists, may request its deletion in accordance with the procedure established by this Offer.
17.5. Amendments to the Offer shall not have retroactive effect unless otherwise provided by the legislation of the Republic of Uzbekistan. The rights and obligations of the Parties arising before a new version of the Offer becomes effective shall be governed by the version of the Offer in force at the time the relevant legal relationship arose, unless otherwise required by law.
17.6. The Service Operator may inform Users of material amendments to this Offer through the Platform’s functionality, email, push notifications, or other available communication methods. The absence of a separate notification shall not affect the validity of such amendments, provided that the new version of the Offer has been duly published on the Platform.
18. FINAL PROVISIONS18.1. In all matters not governed by this Offer, the Parties shall be guided by the legislation of the Republic of Uzbekistan.
18.2. If any provision of this Offer is held to be invalid, unlawful, or unenforceable in whole or in part, such invalidity, unlawfulness, or unenforceability shall not affect the validity and enforceability of the remaining provisions of this Offer, which shall remain in full force and effect.
18.3. The failure of the Service Operator to exercise, or any delay in exercising, any right provided for under this Offer shall not constitute a waiver of such right and shall not prevent the Service Operator from exercising it at a later time.
18.4. Electronic messages, notices, and other legally significant communications sent through the Platform’s functionality, to the email address, telephone number, or other contact details specified by the User in the Account shall be deemed received by the User at the moment of dispatch, unless a different moment of receipt is established by the legislation of the Republic of Uzbekistan.
18.5. The User shall be solely responsible for maintaining accurate and up-to-date contact information and shall bear the risk of any adverse consequences resulting from failure to update such information in a timely manner or from providing inaccurate information.
18.6. This Offer shall enter into force on the date of its publication on the Platform and shall remain in effect indefinitely until revoked or replaced by a new version by the Service Operator.
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