Refund Policy

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 Policy determines the procedure for submitting and considering Users’ requests (claims) for a refund, as well as the procedure for making a refund, where there are grounds provided for by this Policy, the Public Offer or the legislation of the Republic of Uzbekistan, for the paid plans and individual paid digital features of Baxtlilar.

1.2. The Policy applies together with the Public Offer for the provision of Baxtlilar paid services, the Terms of Plans and Paid Features, the User Agreement, the terms of the specific purchase and, as regards the execution of the payment transaction, also the applicable rules of the payment provider, and the mandatory requirements of the legislation of the Republic of Uzbekistan.

1.3. This Policy does not limit consumer rights that cannot be excluded or reduced by contract. If the legislation grants the user a broader right to a refund, a price reduction, repeated provision of the service or another remedy, the legislation applies.

1.4. Free is a free-of-charge plan and does not give rise to an independent claim for a refund.

1.5. Individual and other services that are arranged under a separate contract or order may have special refund rules. In that case this Policy applies to the extent not governed by the special terms and not contrary to the legislation.

2.1. A refund is considered taking into account the nature of the plan or feature purchased, the fact and time of activation of access, the scope of the functionality actually provided and used, the existence and duration of a technical problem, the circumstances in which the payment was made, the terms of the specific purchase and the requirements of the legislation of the Republic of Uzbekistan.

2.2. Baxtlilar does not regard the absence of a result of acquaintance in itself as a defect in, or non-provision of, the digital service: the Platform does not guarantee the receipt of Interest, Mutual Interest, the creation of a Chat, a meeting, the emergence of a relationship or entering into marriage.

2.3. At the same time, the Operator is not entitled to charge a fee for a service that has not actually been rendered or to exclude mandatory consumer remedies in the event of defects in or non-provision of the service.

2.4. In a disputed situation, precedence is given not to the formal name of the ground but to the actual circumstances of the payment and of the provision of the service.

2.5. Each request is considered individually on the basis of the information and documents available to the Operator and provided by the User. Following the consideration, a decision is taken to make a full or partial refund, to apply another settlement method provided for, or to refuse a refund where there are no relevant grounds.

2.6. The absence of a voluntary refund after proper provision of the service does not release the Operator from refunding amounts received in excess/in error, from a refund where the service has not been rendered, and from other obligations that cannot be cancelled by a user agreement.

3.1. Double payment for one and the same purchase, if the fact of an erroneous repeated debit is confirmed by the data of the Operator and/or the payment provider and the repeated payment was not an independent purchase by the User.

3.2. A debit of funds for a purchase that the User did not actually make, if it is established that such debit occurred as a result of a confirmed technical error of the Platform or of the payment integration used.

3.3. A successfully paid plan or feature was not activated, and the Operator was unable to activate or otherwise provide the relevant paid access within the period established by the terms of the purchase and the legislation after receiving the User’s request.

3.4. The paid feature was not provided, in full or to a substantial extent, for reasons within the Operator’s area of responsibility.

3.5. Substantial technical unavailability of the paid feature deprived the User of the possibility of using it for its intended purpose, if the relevant defect was not remedied within the established period or there are other grounds for a refund provided for by the legislation.

3.6. The feature actually provided differs substantially from the terms of the specific purchase that the user saw and accepted before payment.

3.7. A refund, a price reduction, termination of the contract or another financial remedy is expressly provided for by the legislation of the Republic of Uzbekistan.

3.8. The Operator does not grant voluntary (discretionary) refunds for paid access that has been properly provided where there is no ground provided for by law or contract. At the same time, the User’s mandatory rights to a refund, a price reduction, repeated provision of the service, termination of the contract and other remedies are preserved in full.

4.1. Another user did not send or did not accept an Interest.

4.2. Mutual Interest did not arise.

4.3. The User did not find a suitable candidate or received fewer recommendations than expected, if the actual number of recommendations is due to the absence of a sufficient number of eligible candidates and the terms of the relevant plan or purchase did not provide for a guaranteed minimum number of recommendations.

4.4. A Chat was not started owing to the absence of Mutual Interest, or the user voluntarily did not use an available feature.

4.5. The User did not meet another user, the relationship did not continue or a marriage was not entered into.

4.6. Another user used Block, Report, Photo Privacy, refused to disclose a contact or ceased communication.

4.7. The User’s voluntary decision to stop using the Platform after the activation and provision of paid access is not in itself a ground for a full or partial refund for a period or functionality already provided. The existence of a right to a refund is determined taking into account the terms of the specific purchase, the scope of the service actually provided and the mandatory requirements of the legislation of the Republic of Uzbekistan.

4.8. Deletion of the account by the User after activation of paid access does not automatically terminate the obligations in respect of the part of the service already performed and does not in itself give rise to a right to a refund. This provision does not limit the User’s rights that are expressly granted to the User by the legislation of the Republic of Uzbekistan.

4.9. The restriction of individual features, temporary suspension of access or blocking of the account in connection with a breach by the User of the terms of use of the Platform are not in themselves a ground for an automatic refund. The question of whether there are grounds for a full or partial refund is considered taking into account the nature of the breach, the grounds for applying the relevant measure, the scope of the service actually provided, the terms of the Public Offer and the mandatory requirements of the legislation of the Republic of Uzbekistan.

5.1. For Standard and PRO, the date of activation, the paid period, the actual availability of the features, the existence of a substantial technical defect and the scope of access already provided are assessed.

5.2. If a fixed-term plan was not activated after successful payment and it is impossible to restore access within a reasonable period, the user is entitled to demand the solution provided for by law, including a refund.

5.3. If part of the paid period was actually provided and the remaining part is substantially unavailable through the fault of the Operator, a proportionate partial refund, an extension or another remedy permitted by law may be considered.

5.4. VIP is provided without a calendar end date set in advance, but is not a “lifetime guarantee”. A refund for VIP is assessed on the basis of the terms of the specific purchase, the access actually provided, the reason for the impossibility of further provision and the legislation.

5.5. A change to the name of the interface, to design elements or to another non-essential detail is not in itself a ground for a refund if the purchased functionality is in substance preserved.

5.6. If the Operator substantially reduces the already purchased scope of a paid feature within the paid period and does not provide an equivalent solution, the user retains the rights provided for by law.

6.1. A free Trial, including the test 24-hour Standard Trial, is not subject to a monetary refund, since the user does not pay for it separately.

6.2. The end of the Trial and the return to Free are not a debit or a paid purchase.

6.3. Bonus access under Referral likewise does not create a monetary claim for the amount of the bonus if the user did not make a separate payment for that bonus.

6.4. If a paid purchase was made after a Trial or promotional access, the ordinary rules of this Policy apply to it.

7.1. A refund for a Digital Compliment or another one-off digital feature may be considered if a double debit occurred, the feature was not delivered/activated owing to a technical error, or another ground provided for by law arose.

7.2. If the Digital Compliment was technically delivered in accordance with the terms of the purchase, the recipient’s refusal to reply, to accept an Interest or to continue communication does not in itself mean non-provision of the feature.

7.3. If an individual feature has its own special terms, they apply together with this Policy.

8.1. The request is sent to support@baxtlilar.uz or through the support form provided in the Platform, if it is available.

8.2. For a quick check, it is recommended to state: the user ID or account; the date of payment; the amount and currency; the plan/feature selected; the payment method; the external ID of the transaction or the receipt; the reason for the refund; a brief description of the problem; supporting materials, if any.

8.3. The User must not pass on a password, SMS code, PIN, CVV or the full number of a bank card.

8.4. The Operator is entitled to request additional information and documents necessary to identify the User and the payment transaction, to verify the circumstances stated, to determine whether there are grounds for a refund and to prevent fraud or abuse. Until information sufficient for carrying out the check has been provided, consideration of the request may be suspended.

8.5. If the payment belongs to another payer or the transaction is disputed as unauthorised, the Operator may also refer the user to the bank or payment provider, if the matter cannot be resolved without their involvement.

8.6. The sending of a refund request does not in itself mean acknowledgement by the Operator that grounds for a refund exist. The decision is taken after the circumstances of the request have been verified in accordance with this Policy, the Public Offer and the legislation of the Republic of Uzbekistan.

9.1. The Operator, as a rule, sends an initial reply to the request within 3 business days from the moment of receipt of information sufficient to identify the User, the relevant payment transaction and the subject matter of the request, unless a different period is established by the legislation of the Republic of Uzbekistan.

9.2. The internal target period for taking a decision is up to 10 business days after receipt of the necessary data. If the legislation establishes a shorter period for a specific claim, the period established by law applies.

9.3. If consideration of the request requires obtaining information from the payment provider, checking technical logs, additional identification of the transaction or clarification of other material circumstances, the consideration period may be extended by the period objectively necessary for such a check, if this is permitted by the legislation of the Republic of Uzbekistan. The User is notified of the need for an additional check by an available means.

9.4. The decision is recorded at least with an indication of the status: approved, partially approved, alternative remedy proposed or rejected, as well as a brief ground.

9.5. A refusal must be reasoned and may not be based solely on an internal rule if such rule contradicts mandatory consumer rights.

10.1. If a refund is approved, the funds are, as a rule, returned by the same payment method by which the relevant transaction was made, unless another method is provided for by the legislation of the Republic of Uzbekistan or the rules of the relevant payment provider, is technically necessary or has been separately agreed with the User.

10.2. After a decision on a refund has been taken, the Operator initiates it within the period established by the legislation of the Republic of Uzbekistan and, in the absence of a specially established period, without undue delay, taking into account the technical procedures of the relevant payment provider.

10.3. The time of actual crediting of the funds after the refund has been initiated may depend on Click, Payme, the servicing bank, the payment system or another payment provider and is not under the direct control of the Operator after the Operator has duly sent the refund instruction.

10.4. The Operator provides the User with an available confirmation that the refund has been initiated or with information on its status, if the relevant information is generated and available to the Operator in the payment system used.

10.5. If making the refund by the original method is technically impossible, the refund may be made by another permissible method after receipt of the necessary details and, where necessary, confirmation of the identity or authority of the recipient, in compliance with the requirements of the legislation and of accounting and tax records.

11.1. Depending on the situation, before a refund or instead of it the Operator may offer: manual activation; restoration of access; repeated provision of a one-off feature; an extension of the period; a proportionate price reduction; a partial refund; another equivalent method of remedying the defect.

11.2. An alternative method is not imposed on the user instead of a mandatory refund or another right if the user is entitled by law to choose the remedy.

11.3. The provision of bonus days or an internal bonus is permitted as a voluntary additional solution, but does not replace a monetary refund without the user’s consent where a refund is due to the user.

12.1. A partial refund may be applied in cases where this is permitted by the legislation and the terms of the relevant purchase, if part of the paid service was actually provided properly and, in respect of the remaining part, there are grounds for a refund or a proportionate reduction of the cost.

12.2. The method of calculating a partial refund must be objective and linked to the scope of the service actually provided and not provided, the duration of the relevant period or the cost of an individual feature, and not to the User’s subjective assessment of the result of the acquaintance.

12.3. If a fair calculation of a partial refund is impossible or the law requires a full refund, a more appropriate remedy provided for by law is applied.

13.1. If the User has initiated a dispute, a chargeback or another procedure for disputing a payment through a bank, payment organisation or payment provider, the Operator is entitled to transfer to the relevant participant in the payment procedure the information and documents necessary for considering the dispute and confirming the fact, content and scope of the service provided, within the limits permitted by the legislation of the Republic of Uzbekistan and the Privacy Policy.

13.2. For the period of consideration of a dispute or chargeback initiated by the User, the Operator is entitled to suspend consideration of the refund claim lodged with the Operator itself in respect of the same payment transaction, or the execution of a refund not previously completed, if this is necessary to prevent double reimbursement and does not contradict the mandatory requirements of the legislation.

Simultaneous receipt by the User of a refund from the Operator and of reimbursement of the same amount or the relevant part of it through a bank, payment system or payment provider is not permitted. In the event of double reimbursement, the User shall return the amount received in excess in accordance with the procedure provided for by the legislation of the Republic of Uzbekistan.

13.3. The Operator is entitled to check for signs of fraudulent refunds, but such checks must not be used to deny a bona fide user mandatory rights.

14.1. If the User does not agree with the decision taken, the User is entitled to apply again to support@baxtlilar.uz, indicating new circumstances, information or documents that were not the subject of the initial consideration, or material circumstances that, in the User’s opinion, were not taken into account.

14.2. A repeated request is considered by the Operator taking into account the new information and circumstances submitted. Where organisationally possible and taking into account the nature of the dispute, such a request may be referred for consideration to another authorised employee. A repeated request that does not contain new material circumstances or documents may be considered taking into account the decision previously taken.

14.3. The User is entitled to apply to an authorised state body or a court in accordance with the procedure provided for by the legislation of the Republic of Uzbekistan.

14.4. Contacting the support service and reconsideration of the request do not limit the User’s right to use other remedies provided for by the legislation of the Republic of Uzbekistan.

15.1. Data received in connection with a refund request are processed for the purposes of identifying the User and the payment transaction, considering and fulfilling the claim, verifying the circumstances of the payment, preventing fraud and abuse, maintaining accounting and tax records, resolving disputes, bringing and defending claims, as well as fulfilling the Operator’s obligations provided for by the legislation of the Republic of Uzbekistan.

15.2. The Operator requests only the information and documents necessary to identify the User and the relevant payment transaction, to verify the grounds for a refund and to prevent fraud. If the necessary circumstances can be reliably established on the basis of the user ID, the external transaction identifier and other available information, the Operator, where possible, does not request additional banking or identification documents.

15.3. Information on refunds is not used as a Matching factor and is not displayed to other users.

15.4. Information and documents relating to payments and refunds are retained for the periods necessary for the relevant processing purposes and established by the accounting, tax and other applicable legislation of the Republic of Uzbekistan and also, where there is a dispute, claim or inspection, for the period necessary for their resolution or fulfilment, if such retention is permitted by the legislation.

16.1. The Operator is entitled to update this Policy in the event of changes in the legislation, the payment model, the providers used, the functionality of the Platform, the product logic and other circumstances affecting the refund procedure.

16.2. A new edition of the Policy applies from the date of its entry into force and does not change the terms of a purchase already made by the User to the extent that such a change worsens the rights acquired by the User or contradicts the mandatory requirements of the legislation of the Republic of Uzbekistan.

16.3. The Operator ensures that it is possible to determine the edition of the Public Offer and of the Terms of Plans and Paid Features, as well as the material terms of the specific purchase, that were in force and brought to the User’s attention at the time it was made.

17.1. This Policy applies together with the Public Offer for the provision of Baxtlilar paid services, the Terms of Plans and Paid Features, the User Agreement, the Privacy Policy and the terms of the specific purchase brought to the User’s attention before it was made.

17.2. In the event of a discrepancy between this Policy and the terms of the specific purchase, the terms directly governing the relevant purchase and the refund apply, subject to compliance with the mandatory requirements of the legislation of the Republic of Uzbekistan.

17.3. No provision of this Policy or of other Baxtlilar documents may be interpreted as limiting the User’s rights that, in accordance with the legislation of the Republic of Uzbekistan, cannot be limited by agreement of the parties.