Public Offer of OneVision LLP on the Provision of Payment and Information Technology Services to Individuals Aimed at Ensuring Interaction when Making Payments through the OneVision System
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Terms & Definitions
- Partner Bank — a second-tier Bank responsible for the transfer of funds, carrying out Payment Settlements on the basis of an agreement concluded with the Payment Organization.
- Agreement — an Agreement on the provision of payment and information technology services to individuals aimed at ensuring interaction when making Payments through the OneVision System, concluded between the Payer and the Payment Organization on the terms of the Public Offer.
- Agreement on the Use of a Payment Instrument — an agreement concluded between the Issuer and the Payer, in accordance with which the Issuer provides, and the Payer uses the Payment Instrument.
- The AML/CFT Law and RLA – Law of the Republic of Kazakhstan “On Combating the Legalization (Laundering) of Proceeds from Crime and Financing of Terrorism” No. 191-IV ZRK dated August 28, 2009, including all regulatory legal acts of the Republic of Kazakhstan in the field of AML/CFT.
- Prohibited Goods — types of goods/works/services sold by the Merchant and/or related to the Merchant's activities that violate the requirements established by the legislation of the Republic of Kazakhstan, including:
- goods/works/services related to the sale, including the actual sale by the Merchant of weapons, firearms and explosive substances and objects; narcotic, psychotropic, toxic, caustic and radioactive substances; human organs and tissues; alcoholic and tobacco products without an appropriate license; services for the organization and conduct of gambling without an appropriate license; services of a sexual nature, as well as those that are contrary to generally accepted norms of morality; other goods/works/services prohibited or restricted in circulation according to the legislation of the Republic of Kazakhstan.
- Payment Acceptance Request — an electronic message containing a request to the Merchant about the possibility of accepting Payment, and/or to the Partner Bank about the possibility of making Payment Settlements, generated by the Payment Organization through the System on the basis of the Payer's Order provided.
- Information and Technological Services — services on provision of information and technological interaction between the Settlement Participants, including the provision of services for collecting, processing, and sending information on transactions with payment cards to Settlement Participants.
- Information Exchange — actions of a Payment Organization aimed at informational and technological interaction with Settlement Participants during the exchange of Electronic Messages (documents) performed through the System as part of the provision of Services.
- Receipt — a document of the prescribed form, including in electronic form, confirming the provision of Services to the Payer and the fact of the conclusion of the Contract, including Payment Parameters. The Receipt is issued by the Payment Organization to the Payer via the System's Website after the Services have been rendered to the Payer.
- Payment Organization — OneVision LLP, BIN 210240024671, location address: 050040, Republic of Kazakhstan, Almaty, Bostandyk district, 280 Baizakov st., which is a provider of payment services and provides information technology services aimed at ensuring interaction between Settlement Participants through the System on the terms and conditions set forth in this Agreement.
- International Payment System (IPS) — a system of settlements between banks of different countries using common standards of payment instruments of this system.
- Merchant — a legal entity or an individual entrepreneur engaged in commercial activities involving the sale of goods and/or works and/or services and accepting the Payer's Payment Instrument for payment under civil law transactions.
- Invalid Payment — an operation recognized as invalid in accordance with the IPS Rules or the legislation of the Republic of Kazakhstan.
- Refund Operation — the Issuer's demand to return the disputed transaction amount in case of the Merchant's improper fulfillment of obligations to provide services paid under the agreement concluded between the Payer and the Merchant, or in case the Issuer receives a statement about the illegal debiting of money from the Payer from whose card account the payment was made.
- Payment — the Partner Bank's actions aimed at executing the Order, including actions to receive funds from the Payer provided by the Payer to the Issuer using a Payment Instrument within the framework of the applicable forms of non-cash payments, providing a Request for acceptance of the Payer's Payment and subsequent transfer of funds to the Merchant's settlement account for the purpose of Payment Settlements. The Payment is considered accepted and becomes final and irrevocable from the moment the Confirmation of Payment Acceptance is sent to the Payment Organization. The Payment becomes completed the moment the Partner Bank makes Payment Calculations.
- Payment Parameters — information specified by the Payer on the Payment Page, including the Payment amount, the Merchant's name and payment details, the Payment Instrument with which the Payer wishes to make the Payment, as well as other information that allows Settlement Participants and the Payment Organization to identify the Payment in their accounting systems.
- Payment Page — a specialized page on the System Website or on the Merchant's website protected by special security measures, which allows the Payer to specify Payment Parameters, including selecting the Payment Method, compiling and sending the Order to the Payment Organization and the Order to the Issuer.
- Payment Service — in accordance with subparagraph 9 of paragraph 1 of Article 12 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems", services for processing payments initiated by the Payer in electronic form and transmitting the necessary information to a bank, an organization performing certain types of banking operations, for the purpose of making a payment and/or transferring or accepting money for these payments.
- Payment Instrument — a bank card (Visa International, MasterCard Worldwide and other International payment systems) or other electronic media containing information that allows the Payer, who has the authority to make a payment and/or money transfer, to initiate a payment and/or money transfer, as well as carry out other operations stipulated by the agreement between him and the Issuer of the means of electronic payment.
- Confirmation of Payment Acceptance — an electronic document containing confirmation of the Merchant's acceptance of Payment generated by the Payment Organization through the System on the basis of the Merchant's confirmation of the possibility of accepting Payment and the Partner Bank's confirmation about the Payment. The Merchant sends a confirmation of the possibility to accept the Payment, provided that the Payment is successfully identified in the Merchant's accounting system according to the specified Payment Parameters.
- Payer — an individual who uses the EPI to make payments and transfers at the expense of funds belonging to him and held by the Issuer in accordance with the legislation of the Republic of Kazakhstan and the agreement with the Issuer.
- Public Offer — the Public Offer of OneVision LLP on the provision of payment and information technology services to individuals aimed at ensuring interaction when making Payments through the OneVision System.
- Order — an electronic document containing the Payer's order (instruction) to the Payment Organization to make the Payment using the Payment instrument, drawn up by the Payer on the System Website or the Merchant's website and transferred to the Partner Bank through the System. The procedure for the Order's acceptance and execution by the Issuer is established by the Agreement on the use of the Payment Method and is not the subject of the Agreement concluded on the Offer's terms.
- Payment Settlements — the Partner Bank's actions aimed at making settlements with Issuers, Merchants on Payments made, in accordance with the procedure and on the terms established by the relevant agreement concluded between the Partner Bank and the Payment Organization.
- The System's website — a web site on the Internet https://onevision.kz , which provides the Payer's access to the System.
- Access Certificate — a unique combination of public and private encryption keys used by the Merchant to access the System and perform operations. Data for the Access Certificate is assigned to the Merchant at the time of registration in the System.
- The OneVision system (hereinafter referred to as the System) — a set of software and hardware tools of a Payment Organization that provide information and technological interaction between Settlement Participants, including the provision of services for collecting, processing and sending information to Settlement Participants on transactions with payment cards when making Payments using a Technical Protocol.
- Electronic Payment Instrument (EPI) — a non-cash payment instrument (payment card, electronic wallet or other electronic medium) intended for the Payer to make payments and transfers at the expense of his funds held by the Issuer in accordance with the agreement concluded between the Issuer and the Payer.
- The Parties — the Payment Organization and the Payer when mentioned together.
- Technical Protocol — an API protocol describing the ways in which one computer program can interact with another program.
- Services — payment and information technology services.
- Device — any technical device used by the Payer (computer, mobile phone, etc.) that provides the Payer with access to the Internet.
- Settlement Participants — Partner Bank, Payer, Merchant with joint mention.
- Electronic Document — an Order drawn up and transmitted by the Payer to the Payment Organization in electronic form through the System, and/or a request for authorization; and/or a Request for Payment Acceptance; and/or a Receipt, or other document drawn up and transmitted by the Payment Organization to the Settlement Participants in electronic form through the System. The term is used in cases that do not require special indication of Electronic Document type.
- Issuer — a legal entity, a resident of the Republic of Kazakhstan that is a provider of payment services, including a Bank that records and stores the Payer's money, which can be disposed of using EPI.
Subject of the Agreement. Procedure for Concluding the Agreement
- This Public Offer of OneVision LLP on the provision of payment and information technology services to individuals aimed at ensuring interaction when making Payments through the System (hereinafter referred to as the Offer) is addressed to Individual Payers and is an official public offer of a Payment Organization to conclude an Agreement in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The Agreement is considered concluded and becomes effective from the moment the Payer performs actions provided for in the Offer and means the Payer's unconditional acceptance of all the terms of the Offer without any exceptions or restrictions on the terms of accession.
- The Offer defines the procedure for the Service provision, as well as regulates the relations between the Parties arising in connection with the provision of Services and the Agreement's conclusion.
- The Agreement between the Parties is concluded by the Payer's acceptance of the Offer. The Offer's acceptance is the Payer's commission of actions aimed at making a Payment using a Payment Instrument in accordance with paragraph 4.1. of the Offer. The Payer's commission of actions aimed at making a Payment using a Payment Instrument on the System's Website is considered as a full and unconditional agreement with the Offer's terms. Each fact of the Payer performing actions aimed at making a Payment using a Payment Instrument on the System's Website is considered as a separate action of the Payer to conclude an Agreement on the terms set out in the Offer.
- The Payer's actions on the Agreement's conclusion are not limited in time and can be carried out any day before the Offer's official withdrawal in accordance with section 10 of the Offer.
- The Payment Organization provides the Payer with all the necessary information by posting it on the System's Website, and also considers issues and claims related to the fulfillment of obligations assumed under the Agreement in the manner and on the terms stipulated by the Agreement.
General Provisions
- An Order submitted by the Payer to the Payment Organization is considered as the basis for starting the Service Provision in accordance with paragraph 4.1. of the Offer.
- The Payment Organization provides Services immediately after it receives an Order through information and technological interaction between the Settlement Participants through the System. Information and technological interaction is carried out by exchanging information and electronic messages between Settlement Participants. To ensure provision of information technology services, the Payment Organization has the right to attract partners on the basis of agreements concluded with them.
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The Payment Organization provides Services only if the following requirements are met simultaneously:
- the Payer has a Payment Instrument, the use of which is provided on the Payment Page, and in respect of which the Issuer has provided authorization;
- the Payer's device has the necessary technical Internet access;
- the Payment Organization has technical capabilities to provide access to the System/the Website of the System, including for the purposes of compiling and transmitting Requests for Payment acceptance.
- To make Payments, the Payment Organization attracts a Partner Bank. Payment Settlements are carried out by the Partner Bank in accordance with the legislation of the Republic of Kazakhstan and corporate regulatory documents of the Partner Bank.
- In order to properly provide himself with Services, the Payer instructs the Payment Organization to:
- draw up settlement documents necessary for the provision of Services and Payment Settlements and to transfer them to the Partner Bank, Issuer, Merchant through the Order System on behalf of the Payer;
- transmit data on the results of Payment to the Partner Bank and other partners of the Payment Organization.
Procedures for Rendering Services. Acceptance and Execution of a Payment Acceptance Request
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In order to provide himself with Services aimed at making Payments in favor of the Merchant through the System using a Payment Instrument, as well as for the purpose of concluding an Agreement, forming and transmitting a Payment Acceptance Request to the Payment Organization and an
Order to the Partner Bank, the Payer independently:
- gets acquainted with the procedure and rules for the Service Provision established by the Offer and posted on the Payment Page, as well as with the amount, procedure and conditions for the collection of commissions established by agreements concluded between Payers and Merchants (hereinafter referred to as the Terms of Service);
- subject to agreement with the Terms of Service, the Payer fills in the fields proposed for completion and indicates Payment Parameters, chooses the Payment Instrument and confirms his consent to the Payment;
- confirms his agreement with the Terms of Service and the conclusion of the Agreement by clicking the "Pay" button.
- The Order's transfer to the Payment Organization is carried out through the System by means of Information Exchange between the Payment Organization, the Device and the Payer.
- The Payer initiates the payment and/or money transfer on the Merchant's/Payment Organization's website.
- The Merchant initiates the payment and/or money transfer in the System by transmitting an electronic message in accordance with the Technical Protocol.
- The Merchant's system redirects the Payer to the System.
- The Payment Organization accepts a Payment Acceptance Request for execution, provided that the Merchant's Access Certificate matches the one specified in the Payment Acceptance Request.
- Upon receiving the Payer's Order through the System, the Payment Organization sends a Payment Acceptance Request to the Partner Bank, and the Partner Bank sends an Authorization Request to the Issuer (when making a Payment).
- Subject to authorization by the Issuer, the Partner Bank executes the Payment Acceptance Request within the following time limits: no more than 1 (one) business day from the date of receipt of the Payment Acceptance Request.
- The Payment Organization generates and issues a Receipt to the Payer through the System as confirmation of Payments made by the Merchant/Partner Bank and the Payment Organization's provision of Services (acceptance and execution of the Payment Acceptance Request by the Payment Organization). The Payer is obliged to keep the issued Receipt until the moment of receipt of the Merchant's notification of receipt of the Payment Amount according to the details specified in the Order. If the Receipt has not been generated and issued to the Payer due to a technical failure, the Payer has the right to contact the Payment Organization's Payer Support Service in order to obtain a document confirming the fact of provision of Services (the Order's acceptance and execution by the Payment Organization).
- If there are any technical malfunctions of the System and/or failures in the operation of external data transmission networks used by the Payment Organization, a corresponding warning shall be displayed on the Payment Page until the Payer performs the actions specified in paragraph 4.1. of the Offer. If the Payer performs the actions specified in paragraph 4.1. of the Offer despite the said warning, the Payer agrees that the provision of Services by the Payment Organization may be delayed and/or the Payment Organization will refuse to provide Services. When a Payment Organization provides a Service with a delay, the Payment Organization is not responsible for the timing of receipt of Payment Acceptance Requests by the Payment Organization.
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Procedure for protective actions against unauthorized payments:
- Payment Acceptance Requests that have not been verified for compliance with the Access Certificate are rejected;
- Payment Acceptance Requests that do not comply with the rules of the Ministry of Internal Affairs and the Partner Bank are rejected.
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In order to provide himself with Services aimed at making Payments in favor of the Merchant through the System using a Payment Instrument, as well as for the purpose of concluding an Agreement, forming and transmitting a Payment Acceptance Request to the Payment Organization and an
Order to the Partner Bank, the Payer independently:
Features of the Refund Operation
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The return of funds to the Payer under the Refund Operation is carried out by the Payment Organization with the involvement of the Partner Bank in the manner specified in the application, subject to the following requirements:
- the Payment Organization must receive a relevant application on the implementation of the Refund Operation from the Payer;
- the Payment Organization must have the technical ability to send an Electronic Document to the Partner Bank through the System, which must contain a request for the Issuer's ability to make a refund to the Payer under the Refund Operation in the manner specified in the application;
- the Issuer must issue an Electronic Document containing confirmation of the possibility of making a refund to the Payer under the Refund Operation in the manner specified in the application;
- there should be no restrictions imposed on the transaction and/or the Payer in accordance with the terms of the AML/CFT Law and corporate documents of the Payment Organization.
- At the same time, the Merchant shall independently determine the procedure and methods for returning funds to the Payer under the Refund Operation. Clarification of disputes about the reason for the non-return of funds under the Refund Operation in the manner specified in paragraph 5.1 of the Offer shall be carried out between the Merchant, the Payer and the Issuer making the refund of funds under the Refund Operation without the participation of the Payment Organization and the Partner Bank.
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The return of funds to the Payer under the Refund Operation is carried out by the Payment Organization with the involvement of the Partner Bank in the manner specified in the application, subject to the following requirements:
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Features of the Information Exchange of Electronic Documents
- Information exchange between the Settlement Participants is carried out automatically in real time.
- The time and date of the Information Exchange of Electronic Documents, including the time and date of sending, receiving and processing Electronic Documents, are noted by the Payment Organization in the journals of Electronic Documents.
- During the Information Exchange, the Payment Organization provides an Electronic Document. An Electronic Document contains a unique identifier that confirms the conduct of operations in the System and has the legal force of a document drawn up on paper, generates similar rights and obligations, and can serve as evidence in court. All copies of Electronic Documents are originals and can be produced (printed) on paper. The storage period of Electronic Documents is at least 5 (five) years from the date of transaction.
- Settlement Participants undertake to monitor the data of Electronic Documents received as part of the Information Exchange and promptly inform each other about the detected errors.
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Records in the Payment Organization's Electronic Documents archive are considered as a confirmation of:
- the formation and transfer of Electronic Documents directly by the Party that has signed such an Electronic Document with an Access Certificate;
- signing of the Electronic Documents by the Access Certificate of the Party that has sent such an Electronic Document.
- Information exchange between the Settlement Participants is terminated in case of the Agreement's termination, blocking of the Payer's access to the System, and/or at the end of the Payer's time on the Internet.
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Rights and Obligations of the Parties
- The Payment Organization is obliged to:
- Ensure the round-the-clock operation of the System and the System's Website in order to properly provide Services and fulfill its other obligations stipulated by the Agreement;
- Provide real-time Services to the Payer in accordance with the procedure and on the terms established by the Agreement, including taking into account compliance with the requirements of the AML/CFT Law, the AML/CFT RLA, the CTD of the Payment Organization;
- Refuse to provide Services to the Payer, including not to accept Orders in the absence of technical capability, as well as in cases provided for by the requirements of the AML/CFT Law, the AML/CFT RLA, the CTD of the Payment Organization;
- Involve the Partner Bank on the basis of the concluded agreement for the Payment Settlements;
- Ensure the confidentiality of information that has become known by the Payment Organization during performance of its obligations under the Agreement;
- Use the mobile phone number and/or e-mail address and/or other details provided by the Payer (if available) to transmit messages containing information about the results of Payment Acceptance by the Merchant/Partner Bank to the Payer, as well as other information, including other services provided by the Payment Organization;
- Notify the Payer of a change in the Offer in accordance with subparagraph 7.2.3. of the Offer;
- Upload an Offer to the System's Website, to which the Payer must have access immediately before the moment of performing actions specified in paragraph 4.1. Offer.
- When rendering a Payment Service in a foreign currency, the Payment Organization undertakes to provide the Payer with the information about the amount of foreign currency accepted and the exchange rate used in the System. The exchange rate is applied on the date of payment and/or money transfer and Service Provision in the currency in which the payment and/or money transfer is made in relation to tenge, which is published on the official Internet resource of the National Bank of the Republic of Kazakhstan.
- The Payment Organization has the right to:
- Change the list of Partner Banks involved in Payment Settlements at its sole discretion;
- Unilaterally establish and change (increase, decrease) restrictions on making Payments through the System, including the Payment amount, determine and change the list of Merchants available for making Payments through the System, the list (format) of Electronic Documents, both with and without prior notification of the Payer;
- Make changes and additions to the Offer. The Payment Organization notifies the Payer about the change in the Offer by posting the text of the changes/new version of the Offer on the System Website. Any changes to the Offer become mandatory for the Parties from the date of their posting on the System's Website by the Payment Organization;
- Grant to third parties the right to fulfill obligations under the Agreement on the basis of agreements concluded with them, while remaining responsible to the Payer for their actions (inaction) and for fulfilling the obligations assumed under the Agreement;
- Suspend the System's use in order to make Payments in favor of individual Merchants using certain Payment Instruments in the event of uncontrolled risks for Settlement Participants and the Payment Organization, as well as in other cases provided for by the legislation of the Republic of Kazakhstan and the Agreement;
- Suspend the performance of obligations under the Agreement if there are reasonable assumptions about possible facts of fraud or other illegal activities of the Payer, including those related to the risks of making an Invalid Payment, until the dispute is clarified/settled. Such suspension is aimed at protecting the rights and interests of Settlement Participants and the Payment Organization, is not a violation of the Agreement and cannot serve as a basis for the application of property sanctions and other negative consequences for the Payment Organization and Settlement Participants.
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Refuse to provide services and conduct transactions, and terminate business relations with the Payer unilaterally in cases and on the grounds provided for by international/intergovernmental agreements, foreign legislation, the legislation of the Republic of Kazakhstan,
corporate regulatory documents of the Payment Organization, including in case of the Payers violation of the Public Offer and/or the legislation of the Republic of Kazakhstan in part and/or in general, as well as on the grounds provided for by the legislation on combating the
legalization (laundering) of proceeds from crime and the financing of terrorism, corporate regulatory documents of the Payment Organization, including in the case of:
- impossibility of the Payment Organization's implementation of measures for proper verification of the Payer;
- the Payer's implementation of doubtful, unusual, suspicious transactions;
- if the Payer is included in the national list of persons associated with the financing of terrorism and extremism;
- occurrence of suspicions that the business relationship is being used by the Payer for the purpose of legalizing (laundering) proceeds from crime or financing terrorism in the process of studying the Payer and/or his operations (including an attempt to commit such an operation, an operation in the process of being performed or an already completed operation);
- changes in the norms of the legislation of the Republic of Kazakhstan affecting the the Payment Organization's proper execution of the requirements of the legislation of the Republic of Kazakhstan, Public Offer, international treaties ratified by the Republic of Kazakhstan;
- the existence of a threat of the Payment Organization's violation of the requirements of the legislation of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan, or the application of sanctions, supervisory response measures by the National Bank of the Republic of Kazakhstan to the Payment Organization, or the threat of their application;
- the Payer's refusal to provide the Payment Organization with documents and/or information, their late provision, and/or the provision of invalid/unreliable documents/information, or if the document contains signs of forgery, as well as presentation of documents in the form/type that do not comply with the requirements of the legislation of the Republic of Kazakhstan and/or corporate regulatory documents of the Payment Organization;
- other reasons, as a result of which the Payment Organization has reasons to believe that the transaction is contrary to/violates the requirements established by the legislation of the Republic of Kazakhstan and/or the Public
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The Payer is obliged to:
- Promptly and fully familiarize himself with and comply with the Service Terms, the terms of the Public Offer. The Payer does not have the right to refer to the absence of his signature in the Public Offer as proof that the Public Offer was not received by him, as well as that the Payer did not familiarize himself with the conditions reflected in the Public Offer;
- Assume the risks associated with making a Payment that may subsequently be recognized as an Invalid Payment. In case the Payment is recognized as an Invalid payment, the Payer will settle the disputes with the Merchant and/or the Issuer independently, without the participation of the Payment Organization;
- Independently monitor the sufficiency of funds on the Payment Instruments when transferring Orders;
- Be responsible for the correctness of specified Payment Parameters in the Payment Acceptance Request;
- Independently monitor changes made by the Payment Organization to the Offer in accordance with subparagraph 7.2.3. of the Offer;
- The Payer confirms that the transactions carried out by him are not related to the execution of a currency agreement, under which it is required to obtain an account number in second-tier banks, they are not related to the financing of terrorist or extremist activities and other complicity with terrorism or extremism;
- The Payer undertakes to provide, or ensure provision of documentation and information necessary for the Payment Organization to comply with the requirements of the current legislation of the Republic of Kazakhstan at the first request of the Payment Organization within the time limits established by the Payment Organization;
- The Payer agrees to provide information about the operations carried out by him to the law enforcement and/or authorized bodies of the Republic of Kazakhstan.
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The Payer has the right to:
- Conclude an Agreement with the Payment Organization in accordance with the procedure established in paragraph 2.3. of the Offer, confirming by this action that he is not restricted in his legal capability, is not under tutorship, guardianship or wardship, can independently exercise and defend his rights and perform his duties, does not suffer from any diseases that prevent him from understanding the substance of the concluded Agreement and the circumstances of its conclusion.
- Terminate the Agreement in case of the Payment Organization's improper fulfillment of its obligations. In this case, the Payer is obliged to attach copies of documents confirming violations and damage caused to the notice of the Agreement's termination.
- Perform any actions stipulated by the Agreement and not prohibited by the legislation of the Republic of Kazakhstan.
- The Payment Organization is obliged to:
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Responsibilities of the Parties
- The Parties are responsible for non-fulfillment or improper fulfillment of obligations under the Agreement in accordance with the legislation of the Republic of Kazakhstan.
- The Payer is personally responsible for:
- accuracy of the specified Payment Parameters, including the accuracy of information about the Merchant in whose favor the Payment is made, and other details, depending on what information is to be provided by the Payer (on the type of Payment Instrument used, the type of Merchant and etc.). If false information is provided, the Payment Organization shall not be responsible for non-fulfillment of Payment, or non-provision or improper provision of Services, including for the Payer's non-fulfillment or improper fulfillment of its obligations to the Merchant in whose favor the Payment is being made, as well as for any losses incurred by the Payer in connection with non-fulfillment or improper Payment;
- providing information about the details of the Payment Instrument (if any) to third parties, for third parties' access to the Payment Instrument, for providing information about actions on the Payment Page to third parties;
- in the cases provided for in paragraphs 7.3.6. – 7.3.8. of the Public Offer.
- The Payer independently bears the risks of any losses or other negative consequences that have arisen as a result of performing actions aimed at concluding the Agreement and making Payment through the System using a Payment Instrument, or due to the fact that the Payer has not read and/or has not read the Terms of Service established by the Offer, and/or changes and additions made to the Offer in a timely manner. The Payment Organization is not responsible for any losses incurred by the Payer due to the fact that the Payer has not read and/or has not read the Terms of Service in a timely manner.
- The Payment Organization is responsible for the safety of information during Payments. Information about Payments is provided by the Payment Organization in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
- The Payment Organization is not responsible for non-fulfillment and/or improper fulfillment of obligations under the Agreement, if such non-fulfillment is caused by:
- make it impossible for the Payment Organization to fulfill its obligations under the Agreement;
- reasons beyond the control of the Payment Organization, including the Payment Organization is not responsible for the actions of third parties, including the Payer, Issuer, Partner Bank, Merchant, and other Settlement Participants;
- the occurrence of force majeure circumstances;
- in other cases provided for by the legislation of the Republic of Kazakhstan;
- in the cases provided for in paragraph 7.2.7. of the Public Offer
- The Payment Organization is not responsible for:
- direct or indirect damage caused to the Payer as a result of using the System's Website;
- for interruptions in the operation of the System and/or the System's Website, making Payments, including for the Issuer's non-fulfillment or refusal to execute an Order, in case of software failures, communications or equipment breakdowns that do not belong to the Payment Organization;
- if third parties gain access to the use of the Payer's Device through no fault of the Payment Organization, in connection with which Electronic Documents will be compiled and transmitted through the System, which will subsequently lead to material damage to the Payer;
- for complete or partial interruptions in the operation of the System and/or the System's Website related to the replacement of equipment and/or software, or for other work caused by the need to maintain the operability and upgrade the System software;
- for Payment delay, if such delay is caused by the Issuer's and/or the Partner Bank's non-fulfillment or improper fulfillment of its obligations to make Payment Settlements to the Payer;
- disputes and disagreements that have arisen between the Payer and the Issuer, the Payer and the Merchant in all cases when such disputes and disagreements do not relate to the subject of the Agreement.
- In case of unjustified refusal to provide a Payment Service, the Payment Organization undertakes to pay the Payer a fine of 0.1% (zero point one percent) of the payment amount, in case of a positive decision is made on the claim in accordance with section 9 of the Offer.
- The Payer agrees that the Payment Organization is not responsible for accidents, interruptions in the maintenance of power grids and other failures related to power supply systems and/or communication lines or networks that are provided, supplied or serviced by third parties and due to the malfunction of which Information Exchange becomes impossible.
- The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement, if such failure is the result of force majeure circumstances that arising after the conclusion of the Agreement as a result of extraordinary events that the Party (-ies) could neither foresee nor prevent by reasonable measures (Force Majeure). Such emergency circumstances include, but are not limited to: natural disasters, accidents, floods, earthquakes, epidemics, fires, mass riots, strikes, revolutions, military actions, entry into force of legislative acts, government resolutions and orders of state bodies directly or indirectly prohibiting the activities specified in the Agreement, circumstances related to refusal/failure of the System, as well as any other circumstances beyond the reasonable control of the Parties preventing the fulfillment of obligations.
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Dispute Settlement Procedure
- In the event of disputes arising under the Agreement, the Parties will take all measures to resolve them on a mutually acceptable basis through negotiations.
- Unless otherwise provided by the Offer, the Payment Organization will accept the Payer's claims in writing using the details specified in Section 12 of the Offer.
- The Payer's claim must contain the following information:
- date and time of occurrence of circumstances in respect of which the claim is filed;
- conditions for the occurrence of such circumstances;
- the content of the Payer's requirements;
- the Payer's details for sending a reasoned response to the stated claim;
- mobile phone number/e-mail address indicated in the claim.
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All claims sent to the Payment Organization must be accompanied by duly executed copies of documents confirming the facts specified in the claim, as well as the following documents:
- a notarized copy of the Payer's identity document;
- a document confirming payment (Receipt);
- additionally, the Payment Organization may request a notarized copy of the contract for the provision of cellular communication services concluded with the mobile operator and granting the Payer the right to use the subscriber number indicated by the Payer during registration in the System, etc.
- The Payment Organization will consider the Payer's claim within 30 (thirty) calendar days from the date of its receipt by the Payment Organization, after which it will send a reasoned response in writing to the Payer's details specified in the claim.
- If the Parties fail to reach an agreement, disputes, disagreements or claims arising from the Agreement or in connection with it will be considered by the judicial authorities in accordance with the legislation of the Republic of Kazakhstan.
- In the event of disagreements and disputable situations between the Parties, including in the case of them going to court and presenting evidence:
- an extract from the Electronic Documents archive printed by the Payment Organization on paper on the relevant dates will be considered as confirmation of the fact of the Parties' compilation and sending of Electronic Documents to each other through the System (making an Information Exchange), as well as the acceptance and execution of the Electronic Document by the Payment Organization;
- an extract from the Access Certificates register printed by the Payment Organization on paper on the relevant dates will be considered as confirmation of the Access Certificates of the Parties on the relevant date.
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Term of the Agreement
- The Agreement is considered concluded from the date of the Offer's acceptance by the Payer in accordance with paragraph 2.3. of the Offer and is valid until the Payment Organization fulfills its obligations to provide Services provided for in the Agreement.
- Termination of the Agreement does not terminate the Parties' obligations that have arisen before the Agreement's termination.
- The Offer is valid until its official withdrawal by the Payment Organization. The Offer may be withdrawn by the Payment Organization at any time. The Payment Organization must notify the Payer of the Offer's withdrawal by posting information about its withdrawal on the System's Website in accordance with the procedure established by subparagraph 7.2.3. of the Offer.
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Miscellaneous
- In everything that is not directly provided for by the Offer, the Parties are guided by the legislation of the Republic of Kazakhstan, regulatory documents of the National Bank of the Republic of Kazakhstan and business practices.
- When the Payer applies to provide information about the Payment made through the System, as well as in other cases, the Payment Organization conducts additional identification of the Payer using the following data:
- mobile phone number and/or email address specified in the request;
- payment and/or Receipt number;
- login used to enter the Merchant's personal account on the Merchant's website (if available);
- other data at the discretion of the Payment Organization.
- By concluding the Agreement on the Offer's terms, the Payer, acting of his own will and in his own interest, gives his consent to the processing of his personal data by the Payment Organization, as well as by the Payment Organization's partners and Partner Banks, namely, to the performance of the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer, cross-border transfer), depersonalization, blocking and destruction of any information related to the Payer's personal data, for the purpose of concluding the Agreement with a Payment Organization, executing the concluded Agreement, as well as for the purpose of fulfilling the requirements of the legislation of the Republic of Kazakhstan in terms of countering the legalization (laundering) of proceeds from crime and the financing of terrorism. These actions can be performed using automation tools. The Payer also gives his consent to the transfer of his personal data by the Payment Organization to third parties in the presence of contracts duly concluded between the Payment Organization and such third parties in order for the Payment Organization to carry out actions provided for in this paragraph of the Offer. When processing the Payer's personal data, the Payment Organization undertakes to fully comply with the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On Personal Data and their Protection" (subject to amendments and additions), as well as regulatory documents issued in its execution.
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Name, Address and Bank Details of the Payment Organization
Designation OneVision LLP Legal Address 050040, Republic of Kazakhstan, Almaty, Bostandyk district, 280 Baizakov str. Actual Address 050040, Republic of Kazakhstan, Almaty, Bostandyk district, 280 Baizakov str. CCЕA 6.3.1.2. BIN 210240024671 IIC KZ23914002203KZ00F7C Bank Name SB Sberbank JSC BIC SABRKZKA Director General Alaguzov B.R.