Public offer
(about the use of mobile application of JSCB "TBC BANK")
Tashkent city
This document is an official offer (Public Offer) of JSCB “TBC Bank”, hereinafter referred
to as the "Bank", addressed to any legally competent individual having a bank card
(issued by commercial banks of the Republic of Uzbekistan), hereinafter referred to as
the "Customer", to conclude a service agreement in accordance with Article 367, part 2.
Article 369 and Article 370 of the Civil Code of the Republic of Uzbekistan on use of
mobile application of the JSC TBC Bank (hereinafter referred to as the "Agreement").
Performance by the Customer of actions, stipulated by this Offer, means his/her
unconditional consent to the following conditions (acceptance of the Offer). Once the
Offer has been accepted the Agreement is considered to be concluded. In all other
respects not specified herein, the Parties shall be governed by the applicable legislation
of the Republic of Uzbekistan, legislation on electronic document circulation and business
practice.
1. TERMS AND DEFINITIONS
Mobile application of "TBC BANK", JSCB is a specialized software created on the
basis of mobile technologies, designed to perform banking operations, obtain information
about the status of accounts and other information, as well as to perform other actions
provided by the functionality of the mobile application of "TBC BANK", JSCB in online
mode.
Customer means a legally competent individual, a bank card holder.
Bank card means bank payment card, designed for operations, operated in online mode,
issued by the Bank of the Republic of Uzbekistan and registered in the mobile application
of JSC TBC Bank.
Personal data is information relating to a particular individual or enabling their
identification, provided by the Customer for use of the mobile application of "TBC BANK",
JSCB.
Personal data processing means implementation of one or a set of actions for
collection, systematization, storage, modification, addition, use, provision, distribution,
transfer, depersonalization and destruction of personal data.
Third parties are all persons other than the Bank and the Customer, unless otherwise
stipulated by the applicable law.
2. ACCEPTANCE PROCEDURE
2.1. This Offer shall be accepted by registering the Customer in the mobile application of
"TBC BANK", JSCB (hereinafter referred to as the Application). The application is
available on iOS, Android as well as at www.tbcbank.uz.
2.2. By entering into this Agreement, the Customer gives to the Bank, in accordance with
the requirements of the legislation on personal data, his or her consent to the processing
of his or her personal data (including, but not limited to payment account data, cell phone
number, bank card numbers, full name, registration data, as well as any other personal
data necessary for the use of the services available in the Application), including
collection, recording, systematization, accumulation, storage, refinement (updating,
modification), extraction, use, transfer (distribution, provision, access), depersonalization,
blocking, deletion, destruction of personal data, performed with or without the use of
automation means, for the purpose of execution hereof. The Customer hereby also gives
his/her consent to transfer any personal data provided by him/her to the Bank hereunder
to third parties for the purpose of execution hereof.
2.2.1. Data stored on a mobile device and used by a mobile application as part of the
implementation of certain functions, including information transmitted via (HealthKit,
СareKit, contacts, phone, etc.) and providing access, other data automatically transmitted
to the Bank when using the mobile application, or transmitted after consent at the
operating system level.
2.3. The Bank guarantees to the Customer to take all necessary measures to ensure
confidentiality of the Customer's personal data in accordance with the requirements of
applicable legislation of the Republic of Uzbekistan. The Customer's consent to
processing (including transfer to third parties) of his/her personal data has no expiry
date, and consent to processing of personal data can be revoked by the Customer at
any time, in accordance with clause 7.3. hereof.
2.4. Accepting this Public Offer, the Customer:
2.4.1. declares his/her awareness and consent that he/she:
- will immediately inform the Bank in writing on any material changes specified in the
Request;
- all actions related to the entry of the Login, Password or Verification Code, as well as
all actions performed through the confirmation window, will be performed by the
Customer personally;
- in order to conclude and execute a consumer loan, as well as a micro loan, etc. The
Bank has the right to receive and/or transfer all necessary information (credit
report/credit history/information, etc.) concerning the Customer and/or the borrowing (if
necessary) and/or the guarantor in the State Register of Credit Information under the
Central Bank of the Republic of Uzbekistan, and/or in the Credit Bureau of the Republic
of Uzbekistan LLC Credit Information Analysis Center and other organizations and
banks;
- to use my personal data from the Inland Revenue Authorities Data Processing Center.
2.5. Before starting to use the Application it is important to read the text of this Offer in
full. In case of disagreement with the Offer terms in whole or any part of it, we suggest
you do not use the Application.
3. SUBJECT OF THE AGREEMENT
3.1. The Application provides the Customers of plastic cards issued by commercial
banks of the Republic of Uzbekistan with the opportunity to use the Application, which
allows them to make payments for goods, services and works online, manage their
bank cards, accept/transfer funds via bank card online, receive and use Bank (credit)
products, as well as perform other actions, provided by the functionality of the
Application.
3.2. The Application may contain services of the Bank's credit products, which may be
provided to the Customers. Activation of such services shall be performed by the
Customer himself/herself, upon request, after familiarization with the General Terms
and Conditions for the provision of banking products and services of "TBC BANK",
JSCB (hereinafter referred to as GTC) posted on the website www.tbcbank.uz, which
contains the description of services, conditions of their provision, cost of use and other
information.
3.3. Processing of personal data provided by the Customer to the Bank is performed in
order to:
3.3.1 Ensure a proper performance of the Bank's obligations agreed within the
framework of the contracts/agreements concluded with the Customer, as well as
agreements concluded with the Bank's Partners, including for the purposes of
identification/simplified identification of the Customer, providing the Customer with
opportunities to use all available banking services of the Bank;
3.3.2 Communications. Carrying out communication with the Customer, including
sending notices, requests and information related to the use of the Bank's banking
services, as well as processing requests and applications from the Customer, including
the subsequent transfer of such requests and applications for execution to
counterparties\partners of the Bank;
3.3.3 Improvement of the quality of the Bank's banking services, convenience of their
use, development of new Bank's banking services, offer of personalized Bank's services
to the Customer;
3.3.4. Carrying out of statistical and other researches, based on impersonal data;
Conducting marketing campaigns, surveys, requests for/from Customers, including to
distribute offers about the use of new banking products. Preventing conditions that
facilitate actions that contradict to the requirements of legislation or agreements by
using the Application.
4. OBLIGATIONS OF THE PARTIES
4.1. The Bank shall:
- ensure proper operation of the Application, except for the cases when failures in the
Application are caused by third parties/technical and service maintenance;
- take legal, organizational and technical measures to protect personal data to ensure
the integrity and safety of personal data and prevent illegal processing of personal data;
- timely notify the Customer about news of the Bank, the Bank's Partners acting as
suppliers of goods and services/works payments for which are available to the
Customer in the Application, as well as about changes and updates introduced in the
Application.
4.2. The Customer shall:
- comply with the requirements of this Offer;
- independently ensure information security of the device, by means of which access to
the Application is made;
- after conclusion of this Agreement, the Customer shall be personally responsible for
integrity of authentication data, transfer of such data to third parties and for services to
be rendered by the Bank using such data;
- using the Application, confirm and guarantee that he/she is legally competent, and
does not intend to use the Application for any fraudulent or other illegal purposes;
- the Customer’s data provided to the Bank are true, accurate, reliable, actual and
correspond to the will of the Customer. At the same time, the Customer realizes the
consequences caused by the transmission of incorrect, false and incomplete
information to the Bank;
- he/she signs this document for his/her needs, does not act in interests of third parties,
and has no connection with fictitious banks and persons;
- he/she may not transfer its rights and obligations hereunder to third parties without
preliminary written consent of the Bank. Any attempt of such transfer will be considered
null and void, and all actions performed using the Application will be considered to have
been made voluntarily by the Customer.
4.3. The Bank has the right to unilaterally make changes to this Offer, informing the
Customer about it by publishing the mentioned changes on the website
www.tbcbank.uz, by means of information messages, in the Application interface or by
means of SMS-notification.
5. RESPONSIBILITIES OF THE PARTIES
5.1. Parties shall be responsible for non-fulfillment or improper fulfillment of conditions
hereof in accordance with the legislation of the Republic of Uzbekistan.
5.2. The Customer shall be responsible for any losses or other negative consequences
arising from his/her failure to perform or improper performance of liabilities hereunder.
5.3. The Customer shall be fully responsible for the integrity of his/her personal data
when entering it into a device that uses non secure connections, or is under the threat
of malicious programs and applications.
5.4. The Bank shall not be responsible for improper fulfillment of the terms and
conditions of the Agreement, if such non-fulfillment was caused by the Customer's
failure to fulfil the terms and conditions hereof.
5.5. The Bank shall not be responsible for any losses incurred by the Customer due to
the fact that the Customer has not familiarized himself/herself with conditions of this
Offer and (or) has not familiarized himself/herself with conditions of credit products upon
their activation in the Application.
5.6. The Bank shall not be responsible for improper fulfillment of the terms and
conditions hereof if such failure is caused by reasons beyond the Bank's control. The
scope of the Bank's control shall be limited only by the service capability of the
Application itself and shall not include responsibility for failures caused by third parties,
or due to prohibitions and restrictions imposed by state or judicial authorities.
5.7. All information flow of the Application, including all content, software, functionality,
materials and information available in connection with the request, provided in
connection with or accessible through the Application, is provided "as is", i.e. without
any exceptions or additions.
5.8. The Bank shall not provide any representations or warranties in respect of services
or content, materials, information and functionality available through the Application, or
in respect of any security violations related to disclosure of confidential information
through the Application in cases of using the Application in ways not stipulated herein.
5.9. The Bank shall not be liable to the Customer or any third party under any
circumstances for any losses and damages, including, but not limited to, losses for loss
of profit, injury to reputation or any other losses that may be incurred in connection with
the Customer's purchase of goods (works and services) from the Seller through the
Application, as well as for any goods (works, services, information and content)
purchased, received or paid for through the Application.
5.10. Each Party acknowledges that the other Party enters into this Agreement by
recognizing the limitations of liability set forth herein and that these limitations are a
necessary basis for the agreements between the Parties, and neither Party shall be
liable for any default or delay caused by any conditions beyond the reasonable control
of such Party, including, but not limited to, circumstances such as government activities
or terrorist acts, earthquakes, fires, floods or other natural disasters, labour conditions,
power failures and Internet connection disruptions.
6. INTELLECTUAL PROPERTY
6.1. The Application, its contents, structure and design shall be fully protected by the
copyright of the Bank. The Bank's exclusive rights shall also apply to any Intellectual
Property created and registered by the Bank, including its trademarks.
6.2. Copyrights and other intellectual property rights of the Bank shall apply to this
Application and all its content (including products and services).
6.3. Any unauthorized use, processing or publication (including social networks) of any
information/content in this Application, including logo, icon, graphics, image, patent,
service/trade mark, design, visual media created by the Bank and other intellectual
property (registered or unregistered) is prohibited without prior written consent of the
Bank.
6.4. A reference to the Intellectual Property in the Application does not imply granting
the user a license to use it. Downloading (using) or copying of any information from the
Application by the Customer for commercial purposes is considered an infringement of
the legislation of the Republic of Uzbekistan.
6.5. None of the provisions of this Offer gives you the right or license to use the
intellectual property of the Bank specified in this section.
7. TERMINATION OF AGREEMENT
7.1. The Customer shall be entitled to withdraw from the Agreement at any time by
deleting the account in the Application.
7.2. The Agreement is considered terminated immediately after deleting the Account.
Termination of this Agreement shall not imply the termination of the Agreements on
credit products within the framework of the Application, if such services have been
activated.
7.3. The Customer has the right to revoke his/her consent to the processing of personal
data by sending an e-mail to the address specified in the Section 10 hereof.
8. PROCEDURE FOR THE EXAMINATION OF DISAGREEMENTS
8.1. Any dispute arising from this Agreement shall be settled amicably or using the
complaint procedure based on the Customer's claim. The period for consideration of the
claim and requirements to its content shall be determined by the applicable legislation of
the Republic of Uzbekistan.
8.2. In case if the dispute is not settled using the complaint procedure, it shall be
considered in a subordinate court at the place of registration of the Bank in accordance
with the applicable legislation of the Republic of Uzbekistan.
8.3. The claim settlement with the Customer and technical support services of the
Customer are arranged only by receiving requests, their processing and sending
answers to received requests.
The Customer's requests are accepted by e-mail or by phone specified in the Section
10 hereof.
9. MISCELLANEOUS PROVISIONS
9.1. The relations between the Bank and the Customer, not stipulated by this Public
Offer, shall be regulated by the applicable legislation of the Republic of Uzbekistan.
9.2. In accordance with the laws of the Republic of Uzbekistan "On bank secrecy", "On
informatization" and "On personal data", the Customer hereby freely and by his/her own
will and in his/her interests gives consent to the Bank to provide to the Third Party the
information constituting bank secrecy and information on personal data, as well as other
secrets protected by law, which are necessary for the Bank to fulfill its obligations.
9.3. The Parties agreed to recognize documents in electronic form, including documents
to be filled in and drawn up by means of the Application, as the documents drafted in
simple written form.
9.4. In case if any of the provisions of this Public Offer become illegal and/or invalid in
accordance with the applicable legislation of the Republic of Uzbekistan, such
provisions of the Public Offer shall not be applied in relations between the Parties and
shall be replaced by new provisions that correspond to the original intentions contained
in the Public Offer to the maximum extent possible.
The remaining provisions of the Public Offer shall remain in full force and effect.
9.5. By accepting this Offer, the Customer confirms his/her unconditional consent to all
conditions of the Agreement and agrees to perform it.
9.6. The JSCB “TBC Bank” product source code may contain the following free (open
source) software licenses:
10. BANK DETAILS
Address: 100015 Tashkent, Mirabad District,
Fidokor, 10B
Bank code: 01180
OKED:64190
INN: 207 318 613
Tel.: 78 777-27-27
Technical support phone: _____________________
e-mail: contact@tbcbank.uz
Consent to personal data processing
Hereby I give my consent to JSCB TBC Bank (hereinafter referred to as the “Bank”),
registered at the address: 10B, Fidokor Street, Tashkent, 100015, Republic of
Uzbekistan, Tax Payer ID: 207318613, including its affiliates and other organizations
authorized by the Bank on the territory of the Republic of Uzbekistan and abroad for
automated processing of my personal data, as well as without automation tools, exactly
for collection, recording, systematization, accumulation, storage, clarification (update,
change, addition), extraction, use, transfer to the third parties, including to the territory of
foreign states, both providing and not providing adequate protection of the rights of
personal data owners, distribution, posting on publicly available Internet resources
pages of the Bank’s websites, depersonalization and destruction of my personal data,
including, but not limited to, such as:
full name;
biometric data;
date of birth;
residential address;
passport details;
contact number;
E-mail address;
information about education and acquired qualification;
taxpayer identification number;
personal identification number of the individual;
insurance payments;
tax debt;
amount of funded pension contributions;
data on ownership of real estate and transport vehicles;
information about work activity;
bank card data and any monetary transactions by using bank cards;
data stored on a mobile device and used by the mobile application as a part of the
implementing certain functions, systems, and services, including information
transmitted through cookies and provision of access.
For:
ensuring compliance with the legislation of the Republic of Uzbekistan and internal
regulations;
taking measures to conclude and execute agreements where I am indicated as a
Party, including to control and predict the current and future execution of
obligations under agreements;
checking my financial and property status, my relationships with the third parties,
obtaining a credit report about me;
request any information regarding me from any source in any volume and at any
time in accordance with the legislation of the Republic of Uzbekistan;
ensuring statistical and/or marketing research, campaigns, surveys, inquiries
and/or information about new products/services by the Bank and/or its affiliates;
communicating with me, including sending notifications, requests and information
on use of products/services, as well as processing my requests and applications,
including further transfer of such requests and applications for execution to the
counterparties;
preventing actions in the Bank’s mobile application and contradicting requirements
of the law or agreement.
This consent is given for an unlimited term.
I understand my rights specified by Article 22 of Law No. LRU-547 of the Republic of
Uzbekistan dated July 2, 2019 “On Personal Data”, exactly, about my right to receive
information on personal data processing, as well: 1) confirmation of personal data
processing; 2) reasons and purposes for personal data processing; 3) applied methods
of personal data processing; 4) name and location of the operator, information about the
persons (except for the operator’s employees) who have access to personal data or to
whom personal data may be disclosed on the basis of an agreement with the operator or
law; 5) the composition of the processed personal data related to the relevant owner of
personal data, source of their receipt, only if a different procedure for such data
submission is not specified by law; 6) terms for personal data processing, including
periods of their storage; 7) procedure to exercise the rights specified in the Law “On
Personal Data” of the Republic of Uzbekistan by the owner of personal data; 8)
information about completed or intended cross-border data transfers.
I understand that I can recall this Consent to personal data processing based on an
application submitted to the Bank in any form.