Public Offer

This document constitutes the official public proposal (hereinafter — the "Offer") of "GFC ENERGY" Limited Liability Company (TIN 310731422), hereinafter referred to as the "Provider", to conclude a service agreement for access to the "Flexa" online recruitment service (hereinafter — the "Agreement") with any legal entity or individual entrepreneur that has expressed its intention to use the Service, hereinafter referred to as the "Customer".

In accordance with Article 369 of the Civil Code of the Republic of Uzbekistan, this Offer, which contains all the essential terms of the Agreement and expresses the Provider's intention to consider itself bound by the Agreement with anyone who responds, is recognised as a public offer.

The performance by the Customer of the actions set out in Section 3 of this Offer (acceptance) constitutes the full and unconditional acceptance by the Customer of all terms of the Offer, without any exceptions and/or limitations, and is deemed equivalent to the conclusion of the Agreement on the terms set out below.

Please read the terms of this Offer carefully. If you do not agree with any of its terms, you are not entitled to use the Service.

1. General Provisions

1.1. This Offer has been developed in accordance with the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Electronic Commerce" (No. ZRU-792 of 29.09.2022) and other regulatory legal acts of the Republic of Uzbekistan.

1.2. The Offer defines the terms and procedure for the Provider's rendering of paid services granting access to the "Flexa" Service, as well as the mutual rights and obligations of the Parties.

1.3. The current version of the Offer is permanently posted on the Internet on the Service's website at app.flexa.jobs and is available for review by any person prior to acceptance.

1.4. By accepting this Offer, the Customer confirms that it possesses the requisite legal capacity and capacity to act, and that the person performing the acceptance on behalf of the Customer is duly authorised to conclude the Agreement.

2. Definitions of Terms

The following terms and definitions are used in this Offer:

2.1. Service (Flexa) — the software and hardware complex (online platform) for recruitment, posting of vacancies and interaction between employers and job seekers, available at app.flexa.jobs, as well as the related mobile and web applications.

2.2. Provider — "GFC ENERGY" LLC (TIN 310731422), being the rightholder of the Service and rendering services under this Offer.

2.3. Customer — a legal entity or individual entrepreneur that has accepted the Offer and uses the Service for the purpose of recruiting personnel for its own needs.

2.4. Parties — the Provider and the Customer collectively.

2.5. Subscription — the right granted to the Customer on a paid basis to access the functional capabilities of the Service within the limits of the selected Tariff during the paid period.

2.6. Tariff — the set of service terms (scope of functional capabilities, access period, cost) posted on the Service's website and selected by the Customer.

2.7. Personal Account — the Customer's secure personal section within the Service, access to which is carried out using credentials (login and password), intended for managing the Subscription and using the functions of the Service.

2.8. Acceptance — the full and unconditional acceptance by the Customer of the terms of this Offer by performing the actions specified in Section 3 of the Offer.

2.9. Vacancy — an announcement posted by the Customer in the Service regarding the availability of a job position and the requirements for a candidate.

2.10. Job Seeker (Candidate) — a natural person who has posted information about themselves in the Service for the purpose of employment or who has responded to the Customer's Vacancy.

2.11. Personal Data — information recorded on an electronic, paper and/or other tangible medium that relates to a specified or identifiable natural person (including a Job Seeker), within the meaning established by the Law of the Republic of Uzbekistan "On Personal Data" (No. ZRU-547 of 02.07.2019).

2.12. Personal Data Database — the set of systematised Personal Data contained in the Service.

3. Procedure for Concluding the Agreement (Acceptance)

3.1. The Agreement is deemed concluded from the moment the Customer accepts this Offer in accordance with the procedure set out in Articles 369–370 of the Civil Code of the Republic of Uzbekistan.

3.2. Acceptance of the Offer is recognised as the performance by the Customer of any of the following actions: (a) completing registration in the Service and creating a Personal Account; and/or (b) paying for the selected Tariff (Subscription).

3.3. From the moment of acceptance, the Customer is deemed to have read and agreed to all terms of the Offer, as well as to the current Tariffs, the Refund Policy and the Privacy Policy posted on the Service's website.

3.4. The Agreement concluded by acceptance of this Offer does not require signing on paper and has full legal force.

4. Subject of the Offer

4.1. The Provider undertakes to grant the Customer, on the terms of the Subscription, access to the functional capabilities of the Service, and the Customer undertakes to pay for such access in the manner and on the terms of this Offer.

4.2. Depending on the selected Tariff, the services include, in particular: (a) posting and managing Vacancies; (b) access to the database of Job Seekers (Candidates) and search tools; (c) tools for organising the hiring process (reviewing responses, conducting correspondence, and other functions of the Service).

4.3. The specific scope of functional capabilities available to the Customer is determined by the selected Tariff.

4.4. The services are rendered remotely via the Internet. The Service is provided on an "as is" basis within the limits of its current functionality.

5. Tariffs, Cost and Payment Procedure

5.1. The cost of the services is determined by the current Tariffs posted on the Service's website at the time of payment. All settlements under the Agreement are made in the national currency of the Republic of Uzbekistan — soum (UZS).

5.2. Payment is made by non-cash means using a bank payment card through the Payme payment system. No other payment services are currently used in the Service; if any are added, corresponding amendments will be made to this Offer.

5.3. The service is deemed paid from the moment the funds are received. Access to the paid Tariff is granted after confirmation of payment.

5.4. Change of Tariffs. The Provider is entitled to change the Tariffs unilaterally. Information about a change of Tariffs is posted on the Service's website before the changes take effect. A change of Tariffs does not apply to a period of the Subscription already paid for.

5.5. Upon automatic renewal of the Subscription (Section 6), renewal is carried out at the Tariff in effect on the renewal date. If the Customer does not agree with the new Tariff, it is entitled to disable automatic renewal before the date of the next charge in accordance with Section 6 of the Offer.

5.6. The Provider's obligations to calculate and pay taxes, as well as to issue settlement and other documents, are fulfilled in accordance with the legislation of the Republic of Uzbekistan.

6. Subscription renewal

6.1. The Subscription may be arranged: (a) with automatic renewal (recurring payments), where this feature is technically available in the Service; or (b) by a one-time payment for each Subscription period. The applicable payment arrangement is shown to the Customer when arranging the Subscription. The periodicity is monthly or annual, according to the selected Tariff.

6.2. When arranging a Subscription with automatic renewal, the Customer consents to the storage (tokenisation) of its bank payment card data by the payment system operator and to the automatic charging of the cost of the next Subscription period without additional confirmation from the Customer.

6.3. Under automatic renewal, the charge is made on the date the current paid period ends, at the Tariff effective on the renewal date.

6.4. The Customer is entitled at any time to refuse automatic renewal (to cancel the Subscription) via the Personal Account. Cancellation takes effect with respect to subsequent periods; the previously paid Subscription period is retained until its expiry.

6.5. Cancellation of automatic renewal does not entail an automatic refund of funds for the already paid (current) period, unless otherwise provided by Section 7 of the Offer and the Refund Policy.

6.6. Under one-time payment (without automatic renewal), access to paid features ceases at the end of the paid period unless the Customer pays for the next period. The Service notifies the Customer in advance of the upcoming end of the paid period.

7. Refund of Funds

7.1. Refunds of funds are carried out in accordance with the Refund Policy posted on the Service's website, taking into account the requirements of the Law of the Republic of Uzbekistan "On Electronic Commerce" (No. ZRU-792 of 29.09.2022), including Article 27 thereof, which governs the specifics of returning paid funds to a buyer in electronic commerce, as well as the applicable provisions of the Law of the Republic of Uzbekistan "On the Protection of Consumer Rights" (No. 221-I of 26.04.1996).

7.2. Since the Service is a digital service with access granted at the moment of payment, funds for the period of the Subscription actually provided (used) are not refunded, except in cases expressly provided for by the Refund Policy and/or the legislation of the Republic of Uzbekistan.

7.3. A refund is made by the same method by which the payment was made, within the time limits established by the rules of the payment system and the legislation of the Republic of Uzbekistan.

7.4. To have a refund considered, the Customer shall send a corresponding request to the Provider's contact details specified in Section 17 of the Offer.

8. Rights and Obligations of the Parties

8.1. The Provider undertakes to: (a) grant the Customer access to the Service to the extent of the paid Tariff; (b) ensure the operation of the Service and take reasonable measures for its uninterrupted operation; (c) provide the Customer with informational and technical support within the limits envisaged by the Service.

8.2. The Provider is entitled to: (a) change the functionality, composition and Tariffs of the Service in the manner provided for by the Offer; (b) carry out scheduled and preventive maintenance, temporarily suspending access to the Service, notifying the Customer where possible; (c) restrict or suspend the Customer's access to the Service in the event of its breach of the terms of the Offer, including clause 8.4 and Section 10; (d) engage third parties to perform obligations under the Agreement.

8.3. The Customer undertakes to: (a) pay for the services in a timely manner and in full; (b) provide accurate information upon registration and keep it up to date; (c) use the Service solely for recruiting personnel for its own needs and in accordance with its purpose; (d) ensure the safekeeping and confidentiality of its credentials (login and password) and not transfer access to the Personal Account to third parties; the Customer is liable for all actions performed using its credentials; (e) comply with the requirements of the legislation of the Republic of Uzbekistan, including personal data legislation, when using the Service.

8.4. The Customer is prohibited from: (a) providing third parties with access to the Personal Account and/or the functional capabilities of the Service; (b) carrying out automated collection, copying, downloading, scraping or bulk extraction of data from the Service, including the database of Job Seekers; (c) reproducing, distributing, reselling or otherwise commercially using the database of Job Seekers (Candidates) and other data of the Service outside the scope of recruiting personnel for its own needs; (d) using the Service to send spam, post inaccurate Vacancies, or for other purposes contrary to the legislation and the purpose of the Service.

8.5. The Customer is entitled to: (a) use the functional capabilities of the Service to the extent of the paid Tariff; (b) receive informational and technical support; (c) manage the Subscription via the Personal Account.

9. Intellectual Property

9.1. The "Flexa" Service, including its software, source code, user interface, design, graphic elements, texts, databases (including the database of Job Seekers) and other protected results of intellectual activity, is the object of the Provider's exclusive rights and is protected in accordance with the Law of the Republic of Uzbekistan "On Copyright and Related Rights" (No. ZRU-42 of 20.07.2006) and the Civil Code of the Republic of Uzbekistan.

9.2. The software (computer programs) of the Service is protected as an object of copyright (Article 6 of Law No. ZRU-42); the databases of the Service are protected as compilation works (Article 7 of Law No. ZRU-42) and are subject to legal protection regardless of the protection of the materials comprising them.

9.3. Acceptance of the Offer does not entail the transfer to the Customer of any exclusive rights to the Service. The Customer is granted only a limited, non-transferable right to use the Service for its functional purpose within the term of the Subscription.

9.4. The Customer is prohibited from: copying, modifying, decompiling, disassembling, or reverse-engineering the software of the Service; extracting, copying or reusing (in whole or in a substantial part) the databases of the Service; carrying out automated data collection (scraping); as well as performing other actions that infringe the exclusive rights of the Provider.

9.5. The trademark, company name, logo and other means of individualisation of "Flexa" belong to the Provider; their use without the Provider's written consent is not permitted.

10. Personal Data

10.1. The processing of Personal Data within the Service is carried out in accordance with the Law of the Republic of Uzbekistan "On Personal Data" (No. ZRU-547 of 02.07.2019) and the Provider's Privacy Policy.

10.2. The processing of Personal Data is carried out on lawful grounds and in accordance with the principles and conditions established by Article 18 of Law No. ZRU-547, including where the consent of the personal data subject is present, the procedure for giving and withdrawing which is defined by Article 21 of the said Law.

10.3. When obtaining access through the Service to the Personal Data of Job Seekers, the Customer acts as an independent subject of relations in the field of personal data and undertakes to: (a) process the Personal Data of Job Seekers solely for the purpose of recruitment and making hiring decisions; (b) not disclose, transfer to third parties, publish or resell the Personal Data of Job Seekers; (c) ensure confidentiality and take organisational and technical measures to protect the Personal Data against unlawful access, alteration, distribution and destruction; (d) not process the Personal Data for longer than necessary for the purposes of recruitment and cease processing upon the occurrence of the grounds established by the Law; (e) comply with other obligations imposed on it by the legislation of the Republic of Uzbekistan on personal data.

10.4. The Customer bears sole responsibility for the lawfulness of its processing of the Personal Data of Job Seekers obtained through the Service, including for the existence of proper legal grounds for such processing.

10.5. The Parties take into account the localisation requirement established by Article 27-1 of Law No. ZRU-547, according to which the processing of Personal Data of citizens of the Republic of Uzbekistan using information technologies is carried out while ensuring their collection, systematisation and storage in personal data databases on technical means physically located within the territory of the Republic of Uzbekistan and registered in the State Register of Personal Data Databases in the manner established by law.

10.6. When independently processing Personal Data obtained through the Service, the Customer shall comply with the requirements established by law for the storage and localisation of such data.

11. Confidentiality

11.1. The Parties undertake not to disclose to third parties and not to use for purposes unrelated to the performance of the Agreement the confidential information that has become known to them in connection with the performance of the Agreement.

11.2. Confidential information includes, in particular: credentials for accessing the Service, data of Job Seekers, commercial terms of cooperation, as well as other information that is not publicly available.

11.3. Disclosure of information in the cases expressly provided for by the legislation of the Republic of Uzbekistan, or at the request of authorised state bodies, does not constitute a breach of confidentiality.

11.4. Confidentiality obligations remain in force throughout the term of the Agreement and for three (3) years after its termination.

12. Liability of the Parties

12.1. For non-performance or improper performance of obligations under the Agreement, the Parties bear liability in accordance with the legislation of the Republic of Uzbekistan and the terms of this Offer.

12.2. The Service is an information platform for recruitment. The Provider is not an employer, a recruitment agency, or a party to the employment relations between the Customer and Job Seekers.

12.3. The Provider is not liable for: the Customer's decisions to hire or to refuse to hire; the actions, the accuracy of the information, and the qualifications of Job Seekers and other third parties; the results of the Customer's interaction with Job Seekers; as well as the Customer's lost profit.

12.4. The Provider does not guarantee that the use of the Service will result in the hiring of a suitable candidate and is not liable for the Customer's achievement of its expected result.

12.5. The Provider is not liable for interruptions in the operation of the Service caused by circumstances beyond its reasonable control, including failures in the operation of communication networks, equipment, payment systems and other third parties.

12.6. The Customer bears sole responsibility before third parties (including before Job Seekers and authorised bodies) for its breach of the requirements of the legislation, including personal data legislation, and of the terms of this Offer, and undertakes to compensate the Provider for documented losses incurred as a result of such breach.

12.7. The aggregate liability of the Provider under the Agreement is in any event limited to the amount actually paid by the Customer for the Subscription period during which the relevant circumstance arose.

13. Force Majeure

13.1. The Parties are released from liability for full or partial non-performance of obligations under the Agreement if such non-performance was the result of force majeure circumstances — extraordinary and unpreventable circumstances under the given conditions — in accordance with Article 333 of the Civil Code of the Republic of Uzbekistan.

13.2. Such circumstances include, in particular: natural disasters, military actions, epidemics, acts of state authorities, large-scale failures in the operation of communication networks and power supply, and other similar circumstances.

13.3. In accordance with the legislation, force majeure circumstances do not include, in particular, breach of obligations by counterparties, the absence on the market of the necessary goods, and the absence of the necessary funds with a Party.

13.4. The Party for which it has become impossible to perform its obligations shall notify the other Party within a reasonable time of the occurrence and cessation of such circumstances. For the duration of force majeure, the time limit for performance of obligations is postponed in proportion to the duration of such circumstances.

14. Term, Amendment and Termination of the Agreement

14.1. The Agreement enters into force from the moment of acceptance of the Offer and is valid for the term of the paid Subscription, and, upon automatic renewal, until the moment the Subscription is cancelled in accordance with Section 6 of the Offer.

14.2. The Provider is entitled to make amendments to this Offer unilaterally. The new version of the Offer enters into force from the moment of its posting on the Service's website, unless a different date is specified in the version itself.

14.3. The Customer's continued use of the Service after the amendments enter into force constitutes the Customer's agreement with the new version of the Offer. If the Customer does not agree with the amendments, it is entitled to cease using the Service and to terminate the Agreement.

14.4. The Customer is entitled to terminate the Agreement at any time by ceasing to use the Service and cancelling the Subscription. Termination does not release the Customer from the obligation to pay for the services actually rendered.

14.5. The Provider is entitled to terminate the Agreement unilaterally and/or block the Customer's access to the Service in the event of a material breach by the Customer of the terms of the Offer, including clause 8.4, Section 9 and Section 10.

15. Governing Law and Dispute Resolution

15.1. The substantive law of the Republic of Uzbekistan applies to the relations of the Parties under this Offer.

15.2. The Parties shall endeavour to settle all disputes and disagreements arising out of or in connection with the Agreement through negotiations. Compliance with the claim (pre-trial) procedure is mandatory; the time limit for responding to a claim is fifteen (15) business days from the moment of its receipt.

15.3. If agreement is not reached, the dispute shall be subject to consideration by the inter-district (city) economic court at the location of the Provider — the Economic Court of the City of Tashkent — in accordance with the Economic Procedure Code of the Republic of Uzbekistan.

16. Miscellaneous

16.1. The Agreement concluded by acceptance of the Offer is recognised as equivalent to an agreement concluded in written form.

16.2. Legally significant communications are sent by the Parties to the details specified in Section 17 of the Offer and to the contact details specified by the Customer upon registration. Communications sent to the specified email addresses are recognised as proper notification.

16.3. The Customer is not entitled to transfer its rights and obligations under the Agreement to third parties without the Provider's written consent.

16.4. The recognition of an individual provision of the Offer as invalid or unenforceable does not entail the invalidity of the Offer as a whole; such provision shall be replaced with a valid one that most closely corresponds to the original intent of the Parties.

16.5. In all matters not regulated by this Offer, the Parties are governed by the legislation of the Republic of Uzbekistan.

17. Provider's Details

"GFC ENERGY" LLC

TIN: 310731422

Address: Afrosiab Str. 35/1/4, Tashkent 100029, Uzbekistan

Phone: +998 71 252 52 87

Email: hello@flexa.jobs

Service: app.flexa.jobs