Public offer

Public offer SMS-notification services «Kapitalbank» mobile app

PUBLIC OFFER
on joining the Rules of comprehensive banking services for individuals in “Kapital 24” retail business branch of JSCB “Kapitalbank”

Tashkent

In accordance with articles 358, 367 and 370 of the Civil Code of the Republic of Uzbekistan, legislation on electronic document management and other legislative acts of the Republic of Uzbekistan,
pursuant to Decrees of the President of the Republic of Uzbekistan “On additional measures to improve availability of banking services”, No. PP-3620 dd 23.03.2018, and “On measures to further develop and increase stability of banking system of the Republic”, No. PP-3270 dd. 12.09.2017,
in order to create conditions for provision of banking services and innovative banking technologies to enable provision of remote banking services to individuals,
Joint-stock Commercial Bank "Kapitalbank" (hereinafter referred to as the “Bank”), represented by Alexey Pavlovich Glushenko, Deputy Chairman of the Management Board, acting on the basis of Power of Attorney No. 200 dd. 25.08.2021, makes this public offer (hereinafter referred to as the “Public Offer”) to join the Rules of Comprehensive Banking Services for Individuals in "Kapital 24" retail business branch of JSCB “Kapitalbank” (hereinafter referred to as the “Rules”) to any capable individual (resident or non-resident) and having a bank (plastic) card (UzCard and HUMO (issued by commercial banks of the Republic of Uzbekistan), as well as VISA card (issued by JSCB “Kapitalbank”)), hereinafter referred to as the “Client”, who accepted this offer by acceptance on the basis of Article 370 of the Civil Code of the Republic of Uzbekistan to the Public Offer as a whole (without any conditions, exceptions and reservations).

I. TERMS AND DEFINITIONS

1.1. For the purpose of unambiguous interpretation of this Public Offer, the following terms are used in the following meaning:
E – mail address means e-mail address specified by the Client when filling out the Application form in the “Contact information” section. Within the framework of this Public Offer, the Client can have only one e-mail Address at a time;
Bank card means a payment (plastic) card operating in the online mode, issued by the commercial bank of the Republic of Uzbekistan and enabling the Client to conduct operations on a bank account (card account);
Current legislation means current regulatory legal acts of the Republic of Uzbekistan, namely laws, by-laws, regulations and resolutions (orders, letters) of the Central Bank of the Republic of Uzbekistan, ratified international treaties and agreements;
Remote banking services (RBS) means provision of a range of services by the Bank to the Client without participation of an authorized employee of the Bank, using the RBS services. Within the framework of the RBS, the Client can use the Banking Product and / or perform a One-time operation in the manner specified in the Rules.
Comprehensive Banking Services Agreement (CBSA) is an agreement concluded between the Client and the Bank by Client’s joining the to the Rules, which specify the terms and procedure for providing services to the Client within the framework of the RBS. The Bank's Rules, Tariffs, this Public Offer, as well as a duly completed Application Form by the Client, in the aggregate shall constitute the CBSA collectively concluded between the Client and the Bank;
Application form means an application in electronic form for provision of RBS in JSCB "Kapitalbank", which is an integral part of this Public Offer, drawn up in the form established by the Bank;
Mobile phone number means a mobile phone number specified by the Client in the Application Form (in the column “Mobile number (required)”, specified in the “Contact information” section, registered in the Bank's customer database. Under of this Public Offer, the Client can have only one Mobile Phone Number at a time;
Verification code means a special one-time variable code generated by the Bank and sent to the Client in the form of an SMS message to the Client's Mobile Phone Number and / or E-mail Address. All actions of the Client performed using the Verification Code shall not be subject to dispute and are recognized as committed personally by the Client and generate legal consequences for the Client, similar to the use of authentic signatures in accordance with the requirements of Current legislation;
Third parties, unless otherwise stipulated by the current legislation and Rules, means all other persons, except the Bank and the Client.
1.2. The other terms given in the text in this Public Offer shall have the same meaning as in the Rules which are an integral part of this Public Offer.
1.3. In the absence of an unambiguous interpretation of the term in the text of the Public Offer and the Rules, one should be guided by interpretation of the term defined: first of all – by legislation of the Republic of Uzbekistan, secondarily– on the Bank's website, and then – by the established (commonly used) banking practice.

II. SUBJECT OF THE PUBLIC OFFER

2.1. The subject of this Public Offer is the Client's unconditional and complete (without any reservations, exceptions and objections) joining to the current version of the Rules as a Client in accordance with Article 360 of the Civil Code of the Republic of Uzbekistan.
2.1.1. The Bank's Rules and Tariffs are published on the Bank's website on the Internet at www.kapital24.uz.

III. ACCEPTANCE OF THE PUBLIC OFFER

3.1. On the basis of Article 369 of the Civil Code of the Republic of Uzbekistan, publication (placement) of the text of this Public Offer on the Bank's website on the Internet site www.kapital24.uz is a public offer addressed to an indefinite circle of individuals who meet requirements specified in the preamble of this Public Offer, to accept it (join the Rules).
3.2. In accordance with Article 370 of the Civil Code of the Republic of Uzbekistan, the Parties recognize the fact of entering a Verification Code by the Client as an unconditional acceptance of the terms of this Public Offer.
3.3. Having made the Acceptance, the Client is considered to have confirmed that he/she:
3.3.1. has fully read and accepts all terms of this Public Offer, Rules and Tariffs of the Bank in the form in which they are set out, without any conditions, exceptions and reservations;
3.3.2. agrees and undertakes to comply with terms/requirements of this Public Offer, Rules and CBSA. Their contents and possible legal consequences for the Client in connection with the concluded Public Offer are completely clear;
3.3.3. is legally capable and confirms its legal right to enter into contractual relations with the Bank;
3.3.4. provided reliable, valid and complete information in the Application Form;
3.3.5 is fully familiar with:

recommendations on safe use of RBS, rights, obligations and responsibilities of the Parties under CBSA, as well as other conditions of RBS;
legal consequences in connection with joining the Rules;
the Bank's current Tariffs and procedure for making changes and/or additions to the Bank's Rules and Tariffs by the Bank;

3.3.6. has given his/her consent to the transfer of the Mobile Phone Number to the Mobile Operator and its processing for purpose of providing RBS by the Bank.
3.4. Guided by the legislation of the Republic of Uzbekistan on electronic document management, the Parties agree and equate the accepted paper based Public Offer to the contract and confirm that it has the same legal force.
3.5. The Public offer, as well as the documents formed within the framework of the CBSA, does not require sealing and/or signature by the Parties, while maintaining full legal force.
3.6. In case of disagreement with the terms of this Public Offer, we ask the Client not to accept this Public Offer.

IV. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and obligations of the Parties are determined by the Rules and shall be vested in after the Client accepts this Public Offer.
4.2. The Client shall not allow Third Parties to use the Verification Code and means of communication to which the Bank provides information under the RBS.

V. VALIDITY OF THE PUBLIC OFFER, PROCEDURE FOR MAKING CHANGES TO ITS CONDITIONS AND WITHDRAWAL

5.1. This Public Offer shall come into force on the date of its acceptance in the manner specified in p. 2.2. of this Public Offer, and shall be valid until its termination on the grounds provided for by the Rules, as well as the legislation of the Republic of Uzbekistan.
5.2. The Bank shall notify the Client of changes in the terms of this Public Offer at least 5 (five) calendar days before the date of the planned addition and/or change, in compliance with the mandatory procedure for sending a notification in electronic form to the Client's Personal Account in accordance with the procedure stipulated by the Rules.
5.3. The Bank shall have the right at any time to prematurely withdraw this Public Offer for an indefinite period due to technical, organizational, legal or other reasons by sending a notice of withdrawal to the Client by sending an electronic message to the Personal Account indicating the reasons for the withdrawal.

VI. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

6.1. The Parties shall be responsible for non-performance or improper performance of their obligations under this Public Offer in accordance with the current legislation of the Republic of Uzbekistan and the Rules.
6.2. Disputes related to this Public Offer shall be resolved by the Parties through mutual negotiations. If disputes cannot be resolved through negotiations, they shall be resolved in accordance with the procedure stipulated by the Rules.

VII. OTHER CONDITIONS

7.1. Relations between the Bank and the Client which are not provided for in this Public Offer shall be regulated by the current legislation of the Republic of Uzbekistan and the Rules.
7.2. In accordance with the laws of the Republic of Uzbekistan “On Bank Secrecy”, “On Informatization” and “On Personal Data”, the Client hereby freely, and voluntarily and in his/her own interests, agrees to the Bank to provide Third Parties with information constituting bank secrecy and information about personal data, as well as other legally protected secrets which are necessary for the Bank to fulfill its obligations under the RBS and CBSA.
7.3. By accepting this Public Offer, the Client:
7.3.1. provides its consent to receive (to the Mobile Phone Number, E-mail address and Personal Account) advertising, commercial and other information related to using RBS services from the Bank, including information about the Bank’s new services and joint products of the Bank and Third Parties, by sending notifications through RBS channels;
7.3.2. declares its awareness and consent that:

the contact information specified in the Application Form and in any other documents submitted to the Bank can be used by the Bank to inform the Client of any information related to provision of DBO and performance of CBSA. The Client shall not allow Third Parties to use Authentication tools;
will immediately inform the Bank in writing of any significant changes in information specified in the Application Form;
all actions related to entering a Login, Password or Verification code, as well as all actions performed in the Confirmation window, will be carried out personally by the Client;
in accordance with the terms of the Rules, register the Mobile phone Number specified in the Application Form and send all necessary information to it in accordance with the Rules;
for the purpose of concluding and executing a consumer loan and a loan in the form of an overdraft, as well as a microloan or providing a guarantee, etc., the Bank shall have the right to receive and/or transfer all necessary information (credit report/credit history/information, etc.) concerning the Client and/or object of lending (as necessary) and/or a guarantor in the State Register of Credit Information under the Central Bank of the Republic of Uzbekistan and/or to "Credit Bureau of the Republic of Uzbekistan" LLC Credit and Information Analytical Center and other organizations (departments, banks);

to use (receive) his/her personal data from the Data Processing Center of the State Tax Service.

7.4. The Parties have agreed to recognize soft copies of documents, including documents filled in and made by means of the RBS, as documents made in a simple written form.
7.5. If any of the provisions of this Public Offer become illegal and/or invalid in accordance with the current legislation of the Republic of Uzbekistan, such provisions of the Public Offer shall not apply in the relations between the Parties and will be replaced by new provisions which meet the original intentions contained in the Public Offer to the fullest extent. The remaining provisions of the Public Offer remain in full force and effect.
7.6. This Public Offer is made and published in Russian.

VIII. ADDRESS AND BANK DETAILS
JSCB "Kapitalbank"

Legal address: Republic of Uzbekistan, Tashkent, Sayilgoh Street, 7.
Postal address: Republic of Uzbekistan, Tashkent, Sayilgoh Street, 7.
Tel.: +998 71 200 16 16