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PUBLIC OFFER TO CONCLUDE AN AGREEMENT TO JOIN THE RULES FOR THE USE OF A SIMPLE ELECTRONIC SIGNATURE IN THE DIGITAL PLATFORM «OGOGO»
Effective June 01, 2024
Hereby «OGOGO» LLC, hereinafter referred to as «Licensor», and all Financial and Credit Organizations, Leasing Companies and other entities that are participants of the Digital Platform «OGOGO», jointly referred to as «Participants of the Digital Platform «OGOGO»», guided by Article 396 and Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, address to any individual, who is a citizen of the Kyrgyz Republic and hereinafter referred to as the «Client», an open-ended offer (public offer) to conclude with the Participants of the Digital Platform «OGOGO» a contract of adherence to the Rules for the use of a simple electronic signature in the Digital Platform «OGOGO», the provisions of which are specified below (hereinafter referred to as the Rules), in accordance with Article 387 of the Civil Code of the Kyrgyz Republic.
Full and unconditional acceptance of the Client's acceptance of this offer (the offer) made by the Client by marking a mark of familiarization with this offer (the Rules) in the mobile application «OGOGO», or other mobile application of the Digital Platform «OGOGO», intended for Clients (hereinafter - the mobile application) and the Client's confirmation of the OTP in the mobile application shall be deemed to be the conclusion of an agreement of adherence to the Rules on the part of the Client with the Participants of the Digital Platform «OGOGO». The Client's acceptance of this proposal (offer) implies his familiarization and full unconditional acceptance of all the terms and conditions of these Rules.
The adhesion agreement to the Rules is intended to regulate the relations between the Participants, and the Client on the use of a simple electronic signature for signing certain documents specified in the Rules. Conclusion of the adhesion agreement to the Rules does not entail the obligation of the Participants to conclude other agreements with the Client.
This Offer is valid until it is canceled, or a new offer is published in the mobile application or on the website https://ogogo.kg.
RULES ON THE USE OF A SIMPLE ELECTRONIC SIGNATURE AS A CUSTOMER ON THE DIGITAL PLATFORM «OGOGO».
1. TERMS AND DEFINITIONS
1.1. OTP (One Time Password) is a one-time sequence of 4 (four) digits sent by SMS message to the Client's phone number generated by the Aggregator. OTP validity period is 5 (five) minutes from the moment of sending.
1.2. SMS - (Short Message Service) is a technology for receiving and transmitting short text messages using a cell phone.
1.3. Client's phone number - a cell phone number specified by the Client in the Application for Financing in the Digital Platform «OGOGO» and to which the OTP aggregator sends OTP and SMS messages.
1.4. Participants of the Digital Platform «OGOGO» are Trading Organizations, Financial and Credit Organizations, Leasing Companies and other legal entities using the Digital Platform «OGOGO» legally.
1.5. Application - the Client's electronic request for financing filled in according to the established form and sent to the Licensee using the Digital Platform «OGOGO».
1.6. Documents are all contracts and their annexes, agreements, forms, applications, statements, acceptances, questionnaires, certificates, consents, invoices for payment, acts, orders, privacy policies, user agreements, decisions, protocols, information sheets and other documents required for registration in the Digital Platform «OGOGO» prior to the formation of an application by the Client, which are created electronically in the Digital Platform «OGOGO» and signed with the Client's simple electronic signature.
1.7. Electronic signature - in accordance with the Law of the Kyrgyz Republic «On Electronic Signature» information in electronic form, which is attached to other information in electronic form and (or) logically linked to it and which is used to identify the person on whose behalf the information is signed.
1.8. Simple electronic signature - the Client's electronic signature in accordance with the Law of the Kyrgyz Republic «On Electronic Signature», the signature key of which coincides with the electronic signature itself (OTP). OTP acts as a simple electronic signature.
1.9. Digital Platform «OGOGO» is the «OGOGO» software, including all its components, modules, microservices, computer applications, applications for cell phones (hereinafter - mobile application), including «OGOGO BUSINESS» mobile application, «OGOGO», , web domain https://ogogo.kg and its web subdomains, algorithms, «OGOGO» trademark and other constituent parts, which is the intellectual property of the Licensor and is a digital platform for online trading.kg and its web subdomains, algorithms, trademark «OGOGO» and other constituent parts, which is the intellectual property of the Licensor, and represents a digital platform for online commerce, in which interaction between Customers and participants of the Digital Platform «OGOGO» is carried out. The Digital Platform «OGOGO» is located in the Licensor's data center and is intended for online trading, including the purchase of goods by Customers for their own funds from Trading Organizations, as well as for the purchase of goods of Trading Organizations within the framework of financing obtained from financial and credit institutions, leasing companies and other participants of the Digital Platform «OGOGO».
1.10. Financing - a loan of conventional banking, or financing according to Islamic banking principles, issued by the Licensee to the Customer within the framework of the Digital Platform «OGOGO».
1.11. Financing Agreement - a loan agreement of traditional banking or an agreement on Islamic principles of financing and banking, on the basis of which the Licensee has issued financing to the Customer within the framework of the Digital Platform «OGOGO».
1.12. OTP Aggregator – «Nikita Online» LLC or another legal entity with which the Licensor has contractual relations, which provides OTP generation service and sends SMS messages to the Client's phone number provided by the Client in the Digital Platform «OGOGO».
1.13. Customer - a natural person, who is a citizen of the Kyrgyz Republic, who through the Digital Platform «OGOGO» sent an order to the Trading Organization for the purchase of goods at his own expense, or sent an application for financing for the purchase of goods to financial credit organizations, leasing companies and other participants of the Digital Platform «OGOGO».
1.14. Goods – movable property or services sold by a Trade Organization within the framework of the OGOGO Digital Platform.
1.15. Trade organization - a legal entity or individual entrepreneur who sells its goods within the framework of the OGOGO Digital Platform.
1.16. The Licensee is a financial and credit organization or a leasing company that reviews the Client’s application for financing and makes a decision to issue financing to the Client within the framework of the OGOGO Digital Platform, which it uses in accordance with the License Agreement (limited right, platform rental).
1.17. Licensor - «OGOGO» LLC, which is the right holder of the Digital Platform «OGOGO».
2. GENERAL PROVISIONS
2.1. These Rules for the use of a simple electronic signature by Clients in the Digital Platform «OGOGO» (hereinafter - the Rules) are developed to regulate the relations between the Participants of the Digital Platform «OGOGO» and the Client on the use of a simple electronic signature when signing the necessary documents in the Digital Platform «OGOGO» when registering in the Digital Platform «OGOGO» prior to the formation of the Client's application for financing.
2.2. The OTP provided for in these Regulations shall be used as the Customer's simple electronic signature.
2.3. The Client uses a simple electronic signature to confirm actions and sign all documents within the Digital Platform «OGOGO».
2.4. The use of a simple electronic signature in the Digital Platform «OGOGO» is equal to the Client's handwritten signature and has the same legal force as a manual signature, according to the Law of the Kyrgyz Republic «On Electronic Signature». According to the same law, all documents signed with a simple electronic signature shall be considered equal to documents on paper with the Client's handwritten signature. The use of a simple electronic signature by the Client shall entail the same legal consequences as the use of a handwritten signature in accordance with the laws of the Kyrgyz Republic.
2.5. Personal data (name, telephone number, place of residence, etc.) entered or specified by the Client in the Digital Platform «OGOGO» or in other documents within the Digital Platform «OGOGO», as well as an identity document provided by the Client via the Digital Platform «OGOGO», shall be considered information unambiguously identifying the Client who signed these documents with a simple electronic signature.
3. PROCEDURE FOR THE USE OF A SIMPLE ELECTRONIC SIGNATURE
3.1. The aggregator generates the OTP and sends the OTP by SMS to the Client's phone number.
3.2. The Licensor does not have access to the OTP generated by the OTP Aggregator until it is entered by the Client into the Digital Platform «OGOGO».
3.3. To confirm the actions of signing all necessary documents in the Digital Platform «OGOGO» with a simple electronic signature, the Client shall enter the OTP received during the validity period of the OTP in the appropriate field in the Digital Platform «OGOGO» and click on the signing button («Sign» or other button intended for signing).
3.4. The Client is given no more than 3 (three) attempts to enter a correct OTP.
3.5. Confirmation of the Client's actions by marking the document as having read and agreed to it and using a valid OTP shall be deemed to be the Client's agreement to all terms and conditions contained in all documents offered in the Digital Platform «OGOGO».
3.6. If the Customer successfully enters the OTP, the action is considered confirmed and the corresponding document is considered signed by the Customer using a simple electronic signature.
3.7. If a document signed by the Client using a simple electronic signature requires its signature also by a Digital Platform «OGOGO» Participant, it shall be signed in the Digital Platform «OGOGO» with an enhanced electronic signature of a Digital Platform «OGOGO» Participant issued by a certification center accredited in accordance with the Law of the Kyrgyz Republic «On electronic signature», in accordance with the mechanisms adopted and stipulated in the Digital Platform «OGOGO».
3.8. All relations related to the use of a simple electronic signature and not regulated by these rules are regulated in accordance with the Law of the Kyrgyz Republic «On Electronic Signature» and the terms and conditions offered in the Digital Platform «OGOGO».
4. INFORMATION STORAGE
4.1. If the conditions listed in this Rule are met, the Licensor shall attach the received OTP (simple electronic signature) to the signed documents and store it unchanged until they are transferred to the relevant Member of the Digital Platform «OGOGO». After that, the storage of information by the Licensor in the Digital Platform «OGOGO» may be terminated at its discretion.
4.2. After signing the documents with a simple electronic signature, the Customer has the right to download them for storage from his personal account in the Digital Platform «OGOGO».
4.3. OTP Aggregator provides storage of records (logs) about sending OTP to the Customer's phone number with indication of the phone number, date and exact time of sending.
4.4. OTP Aggregator provides storage of records (logs) about the result of checking of the entered correct OTP by OTP Aggregator with indication of the date and exact time of checking.
5. GUARANTEES, RIGHTS AND OBLIGATIONS, LIABILITY OF THE PARTIES
5.1. By signing this Policy, Customer represents and warrants that:
5.1.1. he agrees that the OTP is considered his/her simple electronic signature, which can be used to sign all necessary documents within the Digital Platform «OGOGO»;
5.1.2. The Customer has indicated in Digital Platform «OGOGO» a telephone number, the owner (subscriber) of which is the Customer himself;
5.1.3. the Client's phone number specified in the Digital Platform «OGOGO», as well as the Client's cell phone itself, is not accessible to third parties; he agrees and assumes in full the risks associated with the use of unprotected communication channels when exchanging information via SMS messages and the Internet, associated with unauthorized access of third parties to the OTP.
5.2. The Client is obliged to respect the confidentiality of the OTP and not to disclose it to third parties.
5.3. The members of the Digital Platform «OGOGO» and the Licensor are not liable:
5.3.1. in case the Client provides false personal data, a phone number, the owner (subscriber) of which he/she is not, as well as in case of access of third parties to the Client's phone number and/or OTP;
5.3.2. for failures in the operation of mobile communication, information and telecommunication network of the Internet, electric communication networks, arising for any reason and resulting in untimely receipt or non-receipt by the Client of SMS-messages with OTP, as well as untimely entry or non-entry by the Client of OTP in the Digital Platform «OGOGO»;
5.3.3. for possible losses caused to the Customer in case of third parties' access to the Customer's phone number and/or the Customer's cell phone and/or OTP.
6. CUSTOMER DETAILS
CLIENT
< First name > < Name > < Patronymic >
The document is signed with a simple electronic signature by the Client
Residence address: < address >
Passport No. < Passport Series > < Passport Number >, issued by < Who issued the passport > dated < Passport Issue Date > of the year.