Public Offer

Baxtlilar · Edition in force from the date of official publication · Version 1.2 · English

BAXTLILAR · LEGAL DOCUMENTS

English

Version 1.2 · Enters into force on the date of its official publication on the Baxtlilar Platform.

Operator: “Bahtli bo‘laman” LLC. Current edition: baxtlilar.app and Telegram Mini App.

1.1. This Public Offer (hereinafter — the Offer) is an official proposal by “Bahtli bo‘laman” LLC (hereinafter — the Operator) to users of the Baxtlilar platform to conclude, in electronic form, a contract for the provision of paid access to the digital services and (or) separate paid functional capabilities of the Platform on the terms provided for by this Offer, the Terms of Plans and Paid Features, and the terms of the specific purchase communicated to the User before payment is made.

1.2. This Offer governs the relations between the Operator and the User solely as regards the purchase and use of the paid digital services, plans and separate paid functional capabilities of the Baxtlilar Platform. The terms of free use of the Platform, including under the Free plan, are governed by the User Agreement and other applicable documents of the Platform.

1.3. The contract between the Operator and the User is concluded by means of full and unconditional Acceptance of this Offer in the manner provided for by section 4 of this Offer. The performance by the User of the actions defined by this Offer as Acceptance signifies the User’s consent to all the terms of this Offer and to the Terms of Plans and Paid Features applicable to the service being purchased.

1.4. Before Acceptance, the current versions of the Offer, the Terms of Plans and Paid Features and the Refund Policy, and the material parameters of the specific purchase, must be available to the user.

1.5. The Operator does not guarantee to the User the achievement of any specific result from the use of the Platform, including making an acquaintance, the beginning or development of a personal relationship, or the receipt of a certain number of responses, messages, matches or other results of interaction with other users. The Operator’s obligations are limited to the proper provision of the digital access and the functional capabilities of the Platform provided for by the contract.

3.1. In accordance with this Offer, the Operator undertakes to provide the User with access to the paid plan selected by the User and (or) a separate paid digital feature of the Baxtlilar Platform, to the extent, for the period and on the terms defined for the relevant plan or feature, and the User undertakes to pay for such access in the manner and in the amount communicated to the User before payment is made.

3.2. The specific scope of the features provided, the limits and the period are determined by the Purchase Card and the Terms of Plans and Paid Features in force.

3.3. Paid access may include an increased number of Recommendations, the right to send Interest independently, increased limits for Pending outgoing Interest, Active Connections and Saved Profiles, a more detailed explanation of compatibility and other expressly stated features.

3.4. Block, Report, basic safety, Privacy and Consent are not sold as an advantage over another user. The purchase of paid access does not guarantee and does not grant the User an unconditional right to the receipt of Interest or reciprocal Interest, the emergence of Mutual Interest, the establishment of an Active Connection, the beginning or continuation of a Chat, the obtaining of access to the closed photographs, personal data or contact details of another user, the receipt of a reply to a message, a meeting in person, the establishment of a relationship, entering into marriage or the achievement of any other result of interaction with other users.

3.5. Certain products, features and services not included in the standard composition of the relevant paid plan, including Individual, physical gifts, Boost/TOP and other additional products, features or services that may be introduced by the Operator in the future, may be provided for a separate fee and governed by this Offer, the special terms of the relevant service or a separate contract (offer).

4.1. Before payment, the User selects a plan or feature and obtains access to the Purchase Card.

4.2. Acceptance of this Offer in respect of a specific purchase is the performance by the User of actions evidencing full and unconditional acceptance of the terms of this Offer and the terms of the relevant purchase, namely: the User: (a) has read the applicable terms and confirmed them by the active action provided for by the interface, if such confirmation is used; and (b) has successfully made payment through an available payment method.

By making payment, the User confirms that, before making it, the User was given the opportunity to read the applicable terms of the purchase and that the User accepts such terms fully and unconditionally.

4.3. If the payment has not been completed or the payment provider has returned the status of an unsuccessful transaction, the contract for the relevant purchase is not deemed concluded until payment is successfully confirmed.

4.4. The Operator may record the version of the Offer, the date and time of Acceptance, the selected product, the price, the currency, the external payment ID and other minimum information necessary to confirm the transaction.

4.5. To purchase and use a paid plan or a separate paid digital feature, the User must have a valid Baxtlilar account and meet the requirements established by the User Agreement and this Offer.

The prices stated in the “Uzbekistan” column apply to services sold in the territory of the Republic of Uzbekistan and are set in the national currency of the Republic of Uzbekistan — UZS.

The prices stated in the “International” column are intended for the relevant foreign markets and may be applied when services are provided to Users who are non-residents of the Republic of Uzbekistan, in accordance with the applicable legislation and the available payment method.

5.1. The exact price of a specific purchase is determined by the Purchase Card before payment. For promotions, promotional offers, special markets or other currencies, the price may differ if this is clearly shown before Acceptance.

5.2. Standard and PRO are valid for the paid period from the moment of activation, unless otherwise stated in the Purchase Card.

5.3. VIP is valid without a predetermined calendar end date, provided that the account is retained, the rules are complied with and the Baxtlilar service exists. VIP is not a promise of the lifelong existence of the Platform.

5.4. When services are paid for on international markets, the actual currency of the charge, the conversion rate applied, and bank and other fees may be determined by the bank, the payment organisation, the app store operator or another payment provider. The relevant information is provided to the User in the manner provided for by the terms of the payment method used.

5.5 The applicable procedure for the documenting, carrying out and accounting of a specific international transaction is determined in accordance with the legislation of the Republic of Uzbekistan, taking into account the status of the User, the payment method used and other circumstances of the relevant transaction.

5.6. For a VIP plan in effect, up to 10 free Digital Compliments in total per day are provided. The free limit includes all four types: “Warm Sign”, “Compliment”, “Special” and “Premium”. No more than one compliment may be sent to one recipient within 24 hours. Sending is permitted only after Mutual Interest, in an active Chat. The daily limit is renewed at 00:00 Tashkent time (Asia/Tashkent); the unused balance is not carried over. Mass automated sending and circumvention of the restrictions are prohibited. These terms apply to the feature as actually launched and must be shown in the Purchase Card before Acceptance. Sending within the free VIP limit does not require a separate fee for the compliment; it does not create obligations for the recipient and does not override the applicable Refund Policy.

6.1. The User receives only those features and limits that are provided for by the selected plan or the specific purchase. The limits and functional capabilities of one plan are not transferred to another plan, are not added together and do not accumulate after the end of the relevant access period, unless otherwise expressly provided for by the terms of the specific plan or paid feature.

6.2. The existence of a Recommendations limit means an upper bound on new recommendations, and not an obligation of the Operator to show the stated number of profiles. Where there is not a sufficient number of eligible candidates, the actual number may be lower.

6.3. The Pending outgoing Interest limit applies to outgoing Interest that is awaiting a reply. The recipient’s incoming Interest is not included in this limit.

6.4. An unanswered Interest may be closed automatically after 72 hours and release the relevant limit.

6.5. An Active Connection is counted after Mutual Interest. When the established limit is reached, a new Active Connection might not be created until a place is freed.

6.6. A Saved Profile is a private saving of a profile and does not notify the other user.

6.7. The Operator is not obliged to disclose the internal weights of Matching, anti-fraud rules and other information the disclosure of which makes it possible to circumvent the security of the Platform.

7.1. Baxtlilar may provide certain users with a Trial or other promotional access without payment.

7.2. Within the current product model, a 24-hour Standard Trial after publication of the profile may be tested.

7.3. A Trial may be provided only to a part of the users as part of an A/B test and is not a mandatory part of Free, unless the User has been expressly promised otherwise.

7.4. A Trial does not create an obligation to pay and is not automatically converted into a paid plan.

7.5. After the end of the Trial, the user returns to Free, unless the user has made a separate purchase.

7.6. A Mutual Interest or Chat already created is not terminated solely because the Trial has ended; new actions are determined by the current rights of the account.

8.1. Payment for the paid plans and separate paid features of the Platform is made by cashless means through the payment instruments available to the User and the payment providers connected to the Platform. Click, Payme, banking services, app store operators and other payment methods may be available to the User. The specific payment methods are displayed to the User before the payment is made. The Operator does not guarantee the permanent availability of any particular payment method.

8.2. The processing of bank details is carried out by the relevant payment provider. The Operator does not store PIN codes, CVV codes or full bank card numbers where their processing is carried out by an external payment provider.

8.3. The plan or feature is activated after the Operator receives confirmation of successful payment.

8.4. The User must be able to see the status of the purchase, the applicable plan/feature and, for fixed-term access, the end date or the principle by which it is determined.

8.5. Automatic renewal or repeated charging of funds applies only where the relevant consent of the User exists and in the manner provided for by the legislation and the terms of the relevant payment service.

8.6. An electronic receipt, payment slip or other confirmation of payment is provided in the cases and in the manner provided for by the legislation of the Republic of Uzbekistan and the rules of the relevant payment provider.

9.1. If funds have been charged but access has not been activated, the User must contact support@baxtlilar.uz and provide details sufficient to find the transaction: the account, the date, the amount, the payment method and the payment identifier or receipt.

9.2. The User must not give the support service a password, SMS code, PIN, CVV or full bank card number.

9.3. After checking, the Operator may activate access manually, restore the feature, provide the feature again, extend the period or arrange a refund in the cases provided for.

9.4. Short-term technical works, updates, fixes and failures do not automatically mean that the service has not been provided. The materiality of the unavailability is assessed taking into account the duration, the extent and the actual ability to use the paid-for feature.

9.5. If a feature is materially unavailable through the fault of the Operator and reasonable restoration is impossible, the Refund Policy and the mandatory requirements of the legislation apply.

10.1. Refunds are made in the cases and in the manner provided for by this Offer, the Refund Policy, the terms of the specific purchase and the legislation of the Republic of Uzbekistan.

10.2. Possible grounds for considering a refund may be a double or erroneous payment, non-activation of paid-for access, actual non-provision of a paid-for feature, material technical unavailability or another case in which a refund is mandatory by law.

10.3. The absence of mutual interest, of a reply from another user, of suitable profiles, of a Chat, of a meeting in person, of a relationship or of entering into marriage does not mean that the service has not been provided and is not in itself a ground for a refund.

10.4. The deletion of the account by the User, a refusal to continue using the Platform or the non-use of activated paid access for reasons not dependent on the Operator is not a ground for an automatic refund.

10.5. The restriction, suspension or blocking of an account in connection with a breach by the User of the terms of use of the Platform, the Rules of Conduct, safety requirements or the legislation of the Republic of Uzbekistan is not in itself a ground for a refund, unless otherwise expressly provided for by the legislation.

10.6. If the paid-for service has been provided in full or in part, the amount of a possible refund is determined taking into account the scope of the service actually provided and the requirements of the legislation of the Republic of Uzbekistan.

10.7. A decision on a refund is taken after the circumstances of the User’s request and the information on the relevant payment transaction have been checked.

10.8. Under the Operator’s commercial policy, a voluntary refund for properly provided paid access is not provided for where the sole reason for the request is the absence of an acquaintance or of a reply from another user, a change in personal plans or the voluntary cessation of use of the Platform. This condition does not limit the mandatory rights of the consumer in the event of defects in the service, erroneous payment and other circumstances provided for by law.

11.1. The User shall provide accurate information and comply with the User Agreement, the Platform Rules and the Rules of Conduct.

11.2. The User shall use the paid-for access personally and shall not transfer the account to third parties.

11.3. The User shall independently read the Purchase Card before payment and check the selected plan or feature, their cost, validity period, scope of access, restrictions and other material terms.

11.4. The User is not entitled to use paid features for mass mailing, intrusive communication, circumvention of blocking, restrictions, privacy settings or another user’s refusal to communicate, or for other actions that violate the rules of the Platform or the rights of other persons.

11.5. The purchase of a paid plan or feature does not release the User from undergoing the verification procedures provided for by the Platform and from complying with the established restrictions, and does not grant the right to demand from other users a reply, the provision of a photograph, contact details, a meeting in person or the continuation of communication.

11.6. The User is liable for actions performed using the User’s account, unless the User proves that such actions were performed by third parties as a result of circumstances for which the User is not responsible.

12.1. The Operator provides the User with the paid-for access to the extent and on the terms stated when the purchase was made, subject to the provisions of this Offer.

12.2. Before payment, the Operator provides the User with information on the main terms of the relevant plan or paid feature, including the cost and the validity period, if it is applicable.

12.3. The Operator may, regardless of whether the User has a paid plan, apply the safety and moderation measures provided for by the rules of the Platform, including the restriction of separate features, temporary suspension of access or blocking of the account in the event of a breach by the User of the terms of use of the Platform, safety requirements or the legislation of the Republic of Uzbekistan.

12.4. The Operator may, at its discretion, change the names, cost, composition, limits and other terms of plans and paid features in respect of future purchases.

12.5. The changes provided for by clause 12.4 of this Offer do not extend to the period or scope of access already paid for by the User, unless otherwise provided for by this Offer or the terms of the purchases.

13.1. Baxtlilar is a digital platform for acquaintance and communication between users and does not guarantee the achievement of any specific result, including the establishment of a relationship or entering into marriage.

13.2. The Operator does not guarantee to the User a certain number of suitable candidates, the display of a specific user, the receipt of Interest or Mutual Interest, the beginning of a Chat, the opening of a photograph or contact details, a meeting in person, the continuation of communication, relocation, the emergence of a relationship or entering into marriage.

13.3. A paid plan does not affect the will of another user and cannot override that user’s Privacy, Block, Report or decision to end communication.

13.4. The User independently takes decisions on trust, disclosure of contacts, a meeting in person, travel and any further relationship.

13.5. The Operator is not liable for the actions, omissions, statements, intentions and decisions of other users, or for the consequences of interaction between users, except in cases where the Operator’s liability is expressly provided for by the legislation of the Republic of Uzbekistan.

14.1. The processing of personal data in connection with the purchase and use of paid access is carried out in accordance with the Privacy Policy and the relevant consents.

14.2. For the purposes of payment, activation of paid features, refunds, record-keeping and the resolution of disputed situations, the Operator may receive from payment providers information on the transaction, including the amount, currency, date, identifier and status of the payment, as well as other necessary information to the extent provided for by the legislation and the rules of the relevant payment service. The User’s bank details, including the PIN code, CVV code and full bank card number, are not processed or stored by the Operator where the relevant processing is carried out directly by the payment provider.

14.3. Information on the payments made by the User, the cost of the plans purchased and the existence of paid features is used by the Operator solely for the purposes of providing the services, record-keeping, supporting the User, preventing abuse and complying with the requirements of the legislation, and is not displayed to other Users.

15.1. The Operator may unilaterally make amendments and additions to this Offer, including in connection with changes in the legislation of the Republic of Uzbekistan, the procedure and methods of payment, the functionality of the Platform, the composition and terms of provision of the services, security requirements, technical solutions, the services used and other circumstances connected with the Operator’s activities.

15.2. A new edition of the Offer enters into force on the date of its official publication on the Platform, unless a different time is expressly stated in the relevant edition or provided for by the legislation of the Republic of Uzbekistan. Purchases made after the entry into force of a new edition of the Offer are governed by the edition of the Offer in force at the time of Acceptance by the User, unless otherwise expressly provided for by the legislation of the Republic of Uzbekistan or the new edition of the Offer.

15.3. For each purchase, the Operator must be able to establish which version of the Offer and which terms were available to and accepted by the User at the time of Acceptance.

15.4. Material changes to a service already paid for may not arbitrarily worsen the scope of the access purchased in breach of the legislation and the terms of the specific purchase.

16.1. The Operator is not liable for full or partial non-performance or improper performance of obligations if such non-performance or improper performance is caused by circumstances of insuperable force (force majeure), that is, circumstances that are extraordinary and unavoidable under the given conditions, which arose independently of the Operator’s will and objectively prevent the performance of the relevant obligations.

16.2. The Platform may depend on the functioning of third-party services and infrastructure, including Telegram, payment providers, banks, telecommunications operators, internet providers, hosting providers, data centres, cloud services and other information systems of third parties. The Operator does not guarantee the uninterrupted and continuous operation of such third-party services and is not liable for interruptions in the functioning of the Platform caused by their actions, omissions, technical failures, restrictions or cessation of operation, if the relevant circumstances arose through no fault of the Operator and the Operator took the reasonably necessary measures for the proper performance of its obligations.

16.3. The Operator is not liable for the impossibility of using the Platform or separate features of it caused by circumstances on the User’s side, including the absence or inadequate quality of an internet connection, the malfunction or incompatibility of the User’s device, software or operating system, restrictions on the part of the telecommunications operator, insufficient device memory, the absence of necessary updates, incorrect device settings, loss of access to the Telegram account or other circumstances beyond the Operator’s control.

16.4. The mere fact of a technical failure, temporary restriction or unavailability of the Platform is not an unconditional ground for a refund, payment of damages, a penalty or other compensation. The relevant claims are to be considered taking into account the causes, duration and consequences of such failure, the actual scope of the service provided, the terms of the plan or feature purchased and the mandatory requirements of the legislation of the Republic of Uzbekistan.

17.1. On matters of payment, activation of paid features and refunds, the User may contact the support service at: support@baxtlilar.uz.

17.2. A request must be sent stating the user ID/account, the date of the transaction, the amount, the external payment ID and a brief description of the situation.

17.3. Before applying to a court, the Parties shall comply with the pre-trial (claim) procedure for settling the dispute. A User who considers that his or her rights and (or) lawful interests have been violated shall, before applying to a court, send the Operator a written claim at its registered address setting out the substance of the claims and the circumstances on which they are based, and enclosing the available documents and other materials supporting the claims made. The Operator considers the claim and sends a reply to the User within 15 (fifteen) calendar days from the day of its receipt.

17.4. After the mandatory pre-trial (claim) procedure has been complied with, the User may apply for the protection of his or her rights to a court or another authorised body in the manner established by the legislation of the Republic of Uzbekistan.

18.1. This Offer applies together with the User Agreement, the Terms of Plans and Paid Features, the Refund Policy, the Privacy Policy, the User Consents, the Platform Rules and other special terms of a specific feature.

18.2. As regards the subject matter of a specific paid-for purchase, the following have precedence: the mandatory rules of the legislation; the terms of the Purchase Card accepted by the User; this Offer; the Terms of Plans and Paid Features — to the extent that the relevant document governs the matter in more detail and does not contradict the mandatory requirements.

18.3. If a separate feature is governed by special terms, such terms apply to that feature together with this Offer.

19.1. This edition enters into force on the date of its official publication on the Platform and applies to relations arising after that date.