Public offer for the provision of services to ensure access to intra-system settlements using WebMoney title signs of type Y (WMY) through the WebMoney Transfer hardware and software package
This public offer (hereinafter referred to as the “Offer”) contains the conditions for concluding an agreement with Brio Group LLC (hereinafter referred to as the “WMY Guarantor Administrator” or the “Guarantor”) for providing access to Intra-system settlements using WebMoney (WM) title signs of type Y (WMY) by means of the WebMoney Transfer hardware and software complex (hereinafter referred to as the “Agreement”).
The execution of the actions specified in this Offer is a confirmation of the consent of the User (an individual) to conclude the Agreement on the conditions, in the manner and amount set forth in this Offer.
- System — the "WebMoney Transfer" service, an automatic software and hardware complex under network settlement technologies, a system for accounting for obligations, rights of claim under obligations and information transfer.
- WMY — is a title sign, the UZS value of which confirms the Client’s property rights in settlements in the WebMoney Transfer system, 1 WMY = 1 soum;
- Client — any legally capable individual who has an account with the WebMoney Transfer System, who has agreed, in order of acceptance, with the terms of this Agreement;
- WMY Account, Account, WMY Wallet means the essential details of accounting (Y type wallet), which certify the amount of rights of the Client's claims to the Guarantor registered by the Guarantor.
1. Subject matter of the Contract
1.1. In accordance with this agreement, the Guarantor shall provide the Client with the information and technological services by providing the Client with access to Intra-system settlements using WebMoney title signs of type Y (WMY) through the WebMoney Transfer hardware and software complex (hereinafter referred to as “Intra-system Settlements”).
1.2. The Client shall comply with all the rules established for the conduct of Intra-system Settlements and operations with WMY, as well as pay the Guarantor a commission and other fee (if any) in the manner and under the conditions provided for in this agreement and the tariffs to it.
1.3. The funds received by the Guarantor from the Client under this agreement, except for the amount of commission and other fee (if any) are not payment for the services of the Guarantor and shall be used to ensure settlements of the Client.
2. Order of Acceptance
2.1. The text of this Agreement is a public offer of Brio Group LLC to addressed Users to conclude an Agreement in accordance with article 367 and part 2 of article 369 of the Civil Code of the Republic of Uzbekistan. The Agreement shall be considered concluded and become effective from the moment the individual performs the actions provided for in this Offer and signifying the unconditional acceptance by the Client of all the conditions of this Offer without any exceptions or limitations.
2.2. The acceptance of this Offer shall be carried out by the Client independently registering a WMY Account (WMY Wallet) in the System.
2.3. The acceptance shall be considered to be received by the Guarantor at the time of self-registration of the WMY Account by the Client in the System, which shall be carried out via the WEB website or the System’s mobile application by creating a new WMY wallet.
3. Procedure for the provision of Services
3.1. The Guarantor shall provide the Client with the services under this Agreement, taking into account the requirements of the current legislation of the Republic of Uzbekistan, as well as the requirements of the System, while fulfilling the following conditions:
- The Guarantor has the technical ability to provide the services to the Client;
- Successful completion of the authorization procedure by the Client (if requested by the System);
- The absence of direct prohibitions on conducting operations stipulated by the requirements of the System and this Agreement.
3.2. The client represents and warrants that:
3.2.1. all information provided by the Client to the Guarantor is genuine, complete and accurate, and the Client will update such information during the term of this Agreement;
3.2.2. the Client has registered his account in his name;
3.2.3. the Client will use the Account only for personal purposes and not in favor of third parties;
3.2.4. when using the Account, the Client will comply with the requirements of the law.
3.3. A WMY Account shall be replenished by the Client by crediting corresponding amounts of money in the national currency of the Republic of Uzbekistan (UZS) to the Guarantor’s account. At the same time, the transfer of funds to the Guarantor’s account shall be carried out using the services available to the Client at the time of crediting (mobile application, web site, etc.).
3.4. The refund (payment) by the Guarantor to the Client of funds according to the claims filed shall be carried out in the national currency of the Republic of Uzbekistan (UZS) from the Guarantor’s bank account to the Client’s plastic card or to the Client’s bank deposit account.
3.5. With the exception of the provisions expressly stated in the Agreement, the Client shall be solely responsible for compiling and maintaining records of all of its Operations and other data related to the use of the System and Account by the Client. After termination or expiration of the Agreement, the Guarantor shall not be obliged to maintain the Account, keep copies or provide the Client with access to it or to the data stored in it.
3.6. The Client shall be solely responsible for provision, at his own expense, of all the equipment, software, systems or telecommunications necessary to access, receive and use the System.
4. Procedure for the implementation of Intra-system Settlements
4.1. After self-registration of the Account in the System, the Client may:
4.1.1. replenish the WMY Account by depositing an appropriate amount of funds in the national currency of the Republic of Uzbekistan (UZS) to the Guarantor’s account;
4.2.2. purchase goods and services through the Account;
4.2.3. make or receive WMY transfers in favor of or from other Clients;
4.2.4. present the rights of claim to the Guarantor and receive from the Guarantor funds in the national currency (UZS) equivalent to the corresponding amount of the Client’s WMY Account.
4.3. The Client’s Account shall have certain limits on operations. Upon reaching the limits for operations, the System or the Guarantor shall have the right to conduct an additional verification before the Client can continue to use the System. The Client agrees to provide any information that is required to conduct such verification and any additional examination of the Client in accordance with the requirements of the law. To protect against fraud, the System or the Guarantor may from time to time notify the Client of one or more limits on operations that the Client must not exceed.
4.4. The client can view the details of his transaction data and other information about himself and the Client’s use of the System by logging into his account. The client agrees that the Guarantor is not obliged to send him data on transactions by mail or in electronic form.
4.5. The Guarantor shall reserve the right to adjust the balance of the Client’s account if it considers that there has been an administrative error, an error in billing or accounting.
4.6. After the Client has initiated the WMY transfer and subject to WMY sufficient balance for this transfer, the WMY account amount will be reduced by the transfer amount.
4.7. When the Client initiates a transfer to the Client's account and if there is enough WMY to cover this transfer, the amount of WMY of the Client's account will be increased by the amount of the transfer.
4.8. The Client shall find out which taxes, if any, are applied to purchases made by the Client and WMY received through the System; in addition, the Client shall collect, state and pay the correct amount of tax to the appropriate tax authority. The Guarantor shall not be responsible for ascertaining whether the Customer’s purchases and WMY are subject to value added tax, sales tax or other taxes, and the Guarantor shall not be responsible for collecting, stating and paying such taxes.
5.1. As remuneration for the provision of the services under this Agreement, the Client shall pay a Commission to the Guarantor:
- at a rate of 0.8% of the amount of rights of claims transferred from the Customer's Account to third-party accounts, but not more than the amount equivalent to 400,000 WMY from one transaction;
- at a rate of 4% of the amount of rights of claims presented by the Client to the Guarantor, for which the Guarantor has made a refund (payment) to the Client of funds, but not less than the amount equivalent to 2,000 WMY from one transaction.
5.2. The Guarantor shall specify the above and other commissions payable in the Tariffs posted on the webmoney.uz website and available for familiarization by the Client at any time.
5.3. The commission shall not include any VAT amounts and in case the VAT is applied in the future, the Client shall be responsible for its payment.
5.4. The Guarantor’s remuneration (commission) shall be charged by him in an indisputable order in accordance with the Tariffs in effect on the date of the transaction from the Client’s funds held by the Guarantor while simultaneously reducing the amount of rights of claims of the Client.
6. Rights and obligations of the Parties
6.1. Responsibilities of the Client:
6.1.1. When entering into this Agreement, to indicate his original data and details allowing to unambiguously identify him.
6.2.2. Notify the Guarantor in advance and terminate this agreement in the event of a change in the country of his permanent residence, if the country is in the list of countries where Webmoney Transfer services are not available.
6.2.3. The Client shall not be entitled to transfer to third parties the rights of claim against the Guarantor arising in connection with the conclusion of the Agreement.
6.2. The Client shall have the right to:
6.2.1. Dispose of the rights of claims owned with regard to the Guarantor at his discretion, including transferring it to third parties.
6.3. Responsibilities of the Guarantor:
6.3.1. Ensuring that the rights of claim of the Client are taken into account in accordance with the terms of the Agreement.
6.3.2. At the request of the Client, return (pay out) the funds for the amount of the rights of claims of the Client, certified at the time of such payment by the Client’s Account.
6.3.3. Immediately notify the Client of the need to change the conditions for accounting for the rights of claims under the Agreement. Changes to the Agreement shall be considered accepted by the Client after 5 (five) calendar days from the date of their publication on the System website.
6.4. The Guarantor shall have the right to:
6.4.1. Unilaterally refuse to execute this agreement in the case of an inaccurate indication by the Customer of his details, allowing him to be identified unambiguously, as well as in case the Customer violates this Agreement, codes, policies, rules and other documents of the System.
6.4.2. Attract third parties to fulfill obligations under the agreement.
6.4.3. Unilaterally change the amount of the commissions charged by him, placing information about their change in the Tariffs on webmoney.uz.
7. Additional Terms
7.1. Relationships of the Parties within the framework of the execution of the Agreement shall be governed by the current legislation of the Republic of Uzbekistan, the rules of the System, this Agreement, as well as amendments and changes to it.
7.2. By concluding the Agreement under the terms of this Offer, the Client agrees to the processing of his personal data, namely to perform, including the following actions: collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, destruction, in order to conclude agreements with the Guarantor, to fulfill the concluded agreements. The specified actions can be performed with use of automation equipment.