This User Agreement (hereinafter referred to as the 'Agreement') is an offer from Unitel LLC (hereinafter referred to as the 'Carrier') to the User.
The potential User accepts the Agreement through the first Authorization on the Platform and/or continued use of the Platform and/or any of the services accessible via the Platform (in case of changes to the Agreement).
Upon acceptance of the Agreement, the User shall be deemed to have accepted all terms and conditions of the Agreement unconditionally and without exception.
1. TERMS AND DEFINITIONS
1.1. Except when otherwise specified, capitalized terms used herein will have the following meaning:
Subscriber number means a telephone number assigned to the User by the cellular carrier subject to agreement;
Authorization means the procedure for granting the User access to the Platform;
Personal Data Processing means an action or a set of actions for the collection, systematization, storage, modification, supplementation, use, provision, distribution, transfer, depersonalization, and destruction of personal data;
Partner means the Carrier's partner engaged by the Carrier to provide the service to the User;
Personal Data means information recorded on electronic, paper, and (or) other tangible media that relates to a certain individual or makes it possible to identify him/her;
Platform means a software application accessible to users via mobile devices. The Platform allows users to interact with various content posted on the Platform and access various services provided by the Carrier and Partners;
Personal Data Processing and Protection Policy means a document that defines the purposes, legal grounds, principles, procedure, and conditions for the Processing of Personal Data, as well as measures to protect and ensure the rights of personal data subjects according to the Laws of the Republic of Uzbekistan available at https://beeline.uz/en/politika-obrabotki-i-zashchity-personalnyh-dannyh-unitel;
User means an individual who has accepted this Agreement;
Account means an account created by the User through registration of a Subscriber Number in the platform and Authorization.
2. SUBJECT OF AGREEMENT
2.1. According to this Agreement, the Carrier grants the User the right to use the Platform free of charge within its declared functionality and under this Agreement.
2.2. The Carrier offers Users access to a wide range of digital services and services of the Carrier and Partners, and the opportunity to get news, special offers, and notices from the Carrier.
2.3. Access to the Platform is provided to both subscribers of the Carrier and subscribers of other cellular carriers of the Republic of Uzbekistan.
2.4. Traffic for subscribers of the Carrier's prepaid billing system is not charged when using the Platform.
2.5. The Carrier and the Partners provide the services on the Platform and may charge a fee for them from the Users. The User activates such services independently, at their discretion, after reviewing the service description, terms of service, cost of use, and other essential information. The rights and obligations of Users vis-à-vis Partners and the Carrier regarding such services arise, are performed, changed, and terminated in a manner and under grounds established by the relevant offers.
3. THE PROCEDURE OF ACCESSING THE SERVICES
3.1. The Account is created for the User upon the initial Authorization on the Platform.
3.2. Authorization provides using an SMS code. A unique five-digit SMS code is sent to the specified Subscriber number, which the User must keep confidential and inaccessible to third parties. The code is valid for 120 (one hundred and twenty) seconds. The User can request the code again after 120 (one hundred and twenty) seconds. The User enters the specified SMS code into a special form in the corresponding Platform interface. Upon successful verification of the code, the Authorization is considered completed;
3.3. After initial Authorization, the Use shall be entitled to independently set a permanent password that can be used for subsequent Authorization of the User on the Platform.
4. PERSONAL DATA PROCESSING
4.1. Acceptance hereof and/or registration on the Platform and/or use of its services and features means: (i) the User's full and unconditional consent to the Personal Data Processing and Protection Policy, as well as (ii) the explicit, voluntary, and informed consent to the Processing of their Personal Data for the purposes provided for by the Laws of the Republic of Uzbekistan the Personal Data Processing and Protection Policy, and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The User shall:
5.1.1. read this Agreement and comply therewith;
5.1.2. when using the Platform, comply with the Laws of the Republic of Uzbekistan, as well as the rights and interests of third parties;
5.1.3. avoid actions that could disrupt the normal operation of the Platform, including the use of viruses, Trojan codes, and other malicious software;
5.1.4. independently monitor changes to the terms of this Agreement on the Platform;
5.1.5. ensure confidential storage and prevent compromise of his/her/its data used for Authorization;
5.1.6. immediately inform the Carrier in case of loss or reasonable suspicion of loss of confidentiality (compromise) of their data used for Authorization.
5.2. The User shall be entitled to:
5.2.1. use the Platform in accordance hereof;
5.2.2. contact the Carrier for all questions regarding the conditions and quality of the Platform.
5.3. The Carrier shall:
5.3.1. provide the User with the opportunity to use the Platform subject to this Agreement, as well as the Laws of the Republic of Uzbekistan;
5.3.2. timely inform the User about emergencies that make it difficult or worsen the use of the Platform;
5.3.3. to keep confidential the User's information during Authorization, as well as other information available to the Carrier due to the User's use of the Platform, except for cases provided for by the current Laws of the Republic of Uzbekistan and the Agreement;
5.3.4. take measures to eliminate malfunctions, interruptions, or deterioration of the quality of the Platform.
5.4. The Carrier shall be entitled to:
5.4.1. take any reasonable measures to identify and prevent illegal actions using the Platform;
5.4.2. amend this Agreement unilaterally;
5.4.3. determine the content of the Platform, its structure and appearance, as well as establish or cancel the use of the Platform to access specific services;
5.4.4. if the User breaches this Agreement and/or the Laws of the Republic of Uzbekistan, the Carrier shall be entitled to suspend the his/her/its use of the Platform;
5.4.5. involve any third parties, including the Partners, to exercise the rights and obligations hereunder;
5.4.6. post advertising and/or other information in any section of the Platform;
5.4.7. unilaterally suspend the use the Platform until the reasons for the suspension are eliminated in the following cases:
- installation, commissioning, preventive maintenance, emergency work, maintenance or modification of equipment on the Carrier's network, technical failures, and failure of the equipment of the Carrier or third parties;
- if there are signs that the User has breached the Laws of the Republic of Uzbekistan and/or caused damage to the Carrier or third parties.;
- use of the Platform for commercial purposes (for resale), any breach of the intellectual rights of the Carrier and/or copyright holders;
- when the Carrier receives a lawful order from any state, regulatory, or other competent authority;
5.4.8. receive from the User the information necessary to fulfil this Agreement;
5.4.9. have other rights stipulated by this Agreement and/or the Laws of the Republic of Uzbekistan.
6. LIABILITY AND LIMITATION OF LIABILITY
6.1. The Parties shall be responsible for failure to fulfill or improper fulfillment hereof according to the Laws of the Republic of Uzbekistan and this Agreement.
6.2. The User shall be solely liable to third parties for their actions when using the Platform and services thereon, including if such actions caused a breach of the rights and legitimate interests of third parties, as well as for compliance with the Laws of the Republic of Uzbekistan when using the Platform and services thereon. The Carrier shall not be liable for lost profits, lost income, loss of data, financial and/or other losses, as well as indirect and/or unforeseen damage, unless otherwise provided by the Laws of the Republic of Uzbekistan.
6.3. The User shall be personally responsible for any problems with incompatibility and conflicts between the Platform and the User's mobile device.
6.4. The Platform is accessed AS IS, which means that the Carrier does not guarantee that the Platform will meet the User's goals and expectations or that it will be trouble-free or error-free. The User shall use the Platform at his/her/its own risk. The Carrier shall not compensate for any damage, direct or indirect, caused to the User or third parties from using or being unable to use the Platform.
6.5. The Carrier shall not be liable for actions of third parties who have gained access to the User's account due to their unlawful actions.
6.6. Under no circumstances shall the Operator be liable for any direct or indirect damage caused to the User from using or being unable to use the Platform and incurred as a result of errors, omissions, shutdown, changes in functions, defects, delays that occurred through no fault of the Carrier.
6.7. The Carrier shall be released from liability for partial or complete non-fulfillment of obligations hereunder, if this non-fulfillment resulted from force majeure that arose after the conclusion of the Agreement from emergencies, which the Carrier could not foresee or prevent. Force majeure include, but are not limited to floods, fires, earthquakes, actions or inaction of government authorities, epidemics, and other natural phenomena, war or military actions, etc.
7. INTELLECTUAL PROPERTY
7.1. All intellectual deliverables used and posted on the Platform (including the Platform itself) is the intellectual property of its legal owners and is protected by the intellectual property laws of the Republic of Uzbekistan.
7.2. Any use of intellectual deliverables posted on the Platform (including elements of the visual design of the Platform pages, symbols, texts, graphic images, illustrations, photos, videos, programs, music, etc.) with no consent of the Carrier and/or the appropriate copyright holder is illegal and entails liability in a manner prescribed by the Laws of the Republic of Uzbekistan.
7.3. The User shall not copy, sell, distribute in any other way, or use in any manner for any commercial purposes the Platform and/or any part of the Platform's content with no consent of the Carrier and/or the appropriate copyright holder.
8. VALIDITY AND AMENDMENT OF THE AGREEMENT
8.1. The Agreement is concluded for an indefinite period.
8.2. The Carrier may amend the Agreement without any special notification to the User. The new version of the Agreement shall come into force after it is posted on the Platform, unless otherwise provided by the new version of the Agreement.
8.3. Continued use of the Platform by the User after any amendment of the Agreement constitutes the User's acceptance thereof. If the User does not agree with the Agreement, s/he shall discontinue use of the Platform.
8.4. The Carrier shall be entitled to unilaterally repudiate the Agreement if, after suspending the use of the Platform according to cl. 5.4.7 hereof, the reasons for the suspension have not been eliminated within 30 (thirty) calendar days.
8.5. The User shall be entitled to unilaterally repudiate the Agreement:
8.5.1. by notifying the Carrier in writing to the address specified in Section 11 hereof;
8.5.2. by revoking consent to the processing of their Personal Data according to the Personal Data Processing and Protection Policy.
9. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
9.1. This Agreement is governed by and interpreted according to the Laws of the Republic of Uzbekistan.
9.2. Any dispute arising from this Agreement shall be resolved amicably or through a complaint procedure based on a written request from the User. The period for considering the appeal and the requirements for its content are stipulated by the applicable Laws of the Republic of Uzbekistan.
9.3. If the dispute cannot be settled through a complaint procedure, it shall be considered by the competent court at the location of the defendant subject to the applicable Laws of the Republic of Uzbekistan.
10. FINAL PROVISIONS
10.1. If, for any reason, one or more provisions hereof are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions hereof.
10.2. Unless the User proves otherwise, any actions through their mobile device are considered to have been performed by the relevant User. In case of unauthorized access to their mobile device, the User shall immediately notify the Carrier.
10.3. In any matter not directly provided herein, the Parties shall be governed by the applicable Laws of the Republic of Uzbekistan.
11. ADDRESSES AND DETAILS OF THE CARRIER:
UNITEL LLC
Address: 1, Bukhara str., Mirabad district, 100047,
Tashkent, Republic of Uzbekistan
Tax ID: 201838002