User Agreement

1. TERMS AND DEFINITIONS

2. General Provisions

2.1. This Agreement sets forth the terms and conditions for Users' use of FOM Resources, as well as the terms and conditions for the use of all personal information that FOM may obtain about the User through the use of FOM Resources.

2.2. In accordance with Article 367 of the Civil Code of the Republic of Uzbekistan, this Agreement is an official public offer of FOM, granting the User the right to use FOM Resources ONLY FOR SEARCHING FOR MEDICINES AND RELATED PRODUCTS, permitted for sale in the territory of the Republic of Uzbekistan and sold by Partners AND IT IS NOT ADVERTISING medicines and related products, information about which is posted on FOM Resources.

2.3. FOM warrants that it is the owner of all exclusive rights to FOM Resources.

2.4. The User's registration on the FOM Resource means the User's unconditional consent to all the terms of this Agreement (Acceptance of the Agreement). In case of disagreement with these conditions, the User does not register on FOM Resources.

2.5 The User's consent to the provision of personal data to FOM and their processing is valid indefinitely, or until the withdrawal of this Agreement by FOM. By accepting this Agreement and completing the Registration procedure, as well as by subsequently accessing FOM Resources, the User confirms that acting of his/her own free will and in his/her own interests, he/she gives consent to the use of his personal data by FOM and any automated and non-automated processing thereof with or without the use of any Internet services.

2.6. By accepting this Agreement, the User confirms and accepts that:

2.7. Clicking the “Accept” button is a confirmation that the User has read and accepted the terms of this Agreement in full when using the Website and the Application.

2.8. Clicking the “START” button is a confirmation that the User has read and accepted the terms of this Agreement in full when using the Telegram bot.

2.9. By agreeing to the terms of this Agreement, the User confirms his mental and legal capacity and assumes full responsibility for the accuracy, completeness and reliability of his personal data, as well as for actions and/or decisions made in the process of using FOM Resources.

2.10. FOM assumes improvement and modification of FOM Resources, implementation, removal and/or addition, modification of some functions and capabilities, in connection with which this Agreement may be changed and/or supplemented by FOM unilaterally. Continued use of FOM Resources after changes and/or additions to this Agreement confirms the User's consent to such changes and/or additions. The effective date of the changes is the date of publication of the new version of the Agreement on one of FOM Resources. In case of disagreement of the User with any of the amended provisions of the Agreement, the User has no right to use FOM Resources.

2.11. By accepting the terms of this Agreement, the User confirms his consent to receive information about the functioning of FOM Resources and its Services, including consent to receive advertising, informational and other messages to the email address or phone number, as well as to receive relevant information in FOM Resource itself.

2.12. The current version of the Agreement is posted on the FOM website at: https://arzonapteka.uz/agreement for familiarization on a mandatory basis before the User accepts the terms of the Agreement (Offer).

3. A List of Personal Data and Other Information About the User

3.1. When using FOM Resources User provides the following personal data ('Data') including but not limited to:

3.1.1. Accurate personal information that User provides about himself/herself upon Registration and/or during the use of FOM Resources including:

3.1.2. Account details: login, password, password recovery information (hints), and other information for security and authentication purposes when accessing FOM Resources.

3.1.3. Data that are automatically transmitted to the Site’s services during their use by the software installed on the User’s device including the IP address and information about the User’s browser (or any other program with which the User accesses the Services).

3.2. User is responsible for the authenticity, accuracy, and sufficiency of the information provided.

4. Purposes of Using Personal Data

4.1. FOM will use the User’s personal information for the following purposes:

4.1.1. Identification of User;

4.1.2. Providing the User with personalized services for the use of FOM Resources;

4.1.3. Communicating with the User when necessary including sending notices, requests, and information related to the use of FOM Resources, the provision of services, as well as processing requests and applications from the User;

4.1.4. For other purposes set forth in this Agreement.

4.2. FOM may receive the User’s data directly or in the course of the User’s interaction with the FOM Resources or in the course of receiving the FOM Services. Also in accordance with the laws of the Republic of Uzbekistan, FOM may receive data and information about the User from public and commercial Internet resources of third parties including but not limited to:

4.2.1. Publicly available resources such as open government databases;

4.2.2. Communication services including email services and social networks in cases where the User consents to FOM’s access to his accounts on such services;

4.2.3. Statistical bases of third parties.

4.3. In accordance with this Agreement the User gives his consent to the processing of the User’s personal data by FOM. During the processing of personal data by FOM any of the following actions may be performed: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access); depersonalization; blocking; deletion; destruction.

4.4. The User agrees to provide the information specified by him to the authorized state bodies in accordance with the current legislation of the Republic of Uzbekistan.

4.5. The User’s personal data are stored and processed by FOM in the manner described in this Agreement for the duration of FOM’s activities.

4.6. The transfer of the User’s personal data by FOM is legitimate in the case of a reorganization of FOM and the transfer of rights to the successor. In this case, the successor has all obligations to comply with the terms of this Agreement in relation to the personal information received by it.

4.7. User’s personal data may be processed in order to comply with the terms of the Agreement to collect and analyze materials regarding the FOM Resources’ use, to verify, research, and analyze data that allow maintaining and improving the functionality of the FOM Resources.

4.8. The User gives consent to the possible transfer of his personal data to third parties to fulfill the purposes of personal data processing.

4.9. Personal data is processed until this Agreement is terminated.

4.10. Consent is given among other things for informational (advertising) notices.

4.11. Consent may be withdrawn by the User by sending a written request to FOM or its representative at the address specified in this Agreement.

5. How to Use FOM Resources

5.1. FOM resources allow the User to search for medications and related products authorized for sale and sold by FOM Partners.

5.2. The FOM resources are a reference information system only. The FOM Services do not include the provision of mediation or other types of services other than those regulated by this Agreement.

5.3. Through the FOM Resources the User may be provided other value-added services under the terms and at the prices specified on the relevant pages of the FOM website describing the services offered.

5.4. Information obtained through FOM Resources does not constitute a recommendation for the use of medications and/or other related pharmaceutical products, a recommendation for diagnosis or treatment.

5.5. Information on FOM Resources is formed on the basis of information provided by FOM Partners about the medicines and related products sold by Partners and IS NOT advertisement. At the same time, FOM Partners are independent organizations and bear full responsibility for the accuracy of the posted information and for the quality of the medicinal products, information about which is posted on FOM Resources, as well as for the sale of

5.6. FOM Resources may contain interactive hints and other instructional materials that explain to the User the procedure for using FOM Resources, including the payment procedure (if applicable).

6. Rights and Obligations of the FOM

6.1. The FOM shall have the right:

6.1.1. To suspend the provision of access to FOM Resources for the time necessary to carry out scheduled preventive and recovery work on the equipment with notification to the User;

6.1.2. By calling and sending SMS messages to contact the User to check the quality of the FOM Resources and to send critical information to the User;

6.1.3. To request electronic copies of documents to confirm the User’s identity;

6.1.4. To block the User’s access to FOM Resources if the User is found to be in breach of the obligations set forth in this Agreement;

6.1.5. To transfer rights and obligations under this Agreement to third parties in order to fulfill this Agreement without additional consent of the User;

6.1.6. To unilaterally terminate this Agreement at any time for organizational or technical reasons to block for the User the possibility of further use of FOM Resources;

6.1.7. At its own discretion to determine whether the User has violated the terms of this Agreement and to take such action as it deems appropriate.

6.2. The FOM undertakes:

6.2.1. To make all reasonable efforts to ensure the stable operation of the FOM Resources, its gradual improvement, correction of errors in the operation of the FOM Resources; however, the FOM Resources are provided to the User on an “as is” basis. This means that FOM does not guarantee that FOM Resources are error-free;

6.2.3. To provide advice to the User on the use of FOM Resources. At the same time, written consultations are provided only at the official request of the User by phone number: +998 (71) 207 08 08 or by nickname in Telegram - @fomgroup. Specialist advice can be provided on issues related to the operation of FOM Resources. Advice on matters unrelated to the work of FOM Resources shall not be provided.

7. User Rights, Obligations, and Warranties

7.1. The User has the right to:

7.1.1. Use the FOM Resources in accordance with this Agreement and the applicable international and Uzbek laws by lawful means within the limits of their technical functionality;

7.1.2. Use FOM Resources solely for personal non-commercial use in accordance with the terms of this Agreement;

7.1.3. Contact FOM to clarify the situation and take the necessary actions in case of technical problems with FOM Resources, in case User receives messages that are unauthorized advertisements or contain materials prohibited by this Agreement or by law including threats or files suspected of being infected or if User finds facts giving grounds to believe that its access to FOM Resources has been misused by someone unauthorized;

7.1.4. Seek advice about the use of FOM Resources;

7.1.5. Demand security of his personal data as far as it depends on FOM in accordance with the applicable international law and the legislation of the Republic of Uzbekistan;

7.1.6. If your personal data changes, you have the right to make the corresponding changes yourself via FOM Resources.

7.2. The User shall:

7.2.1. Not violate FOM’s exclusive intellectual property rights when using the FOM Resources;

7.2.2. When registering on FOM Resources, enter the requested data accurately and truthfully, checking carefully that the data you enter is correct;

7.2.3. Not use FOM Resources in violation of the rights and legitimate interests of FOM, other rights holders, third parties, this Agreement, and the laws of the Republic of Uzbekistan;

7.2.4. Take appropriate measures to ensure the safety of his Device and be personally responsible in case of access to his Device by third parties;

7.2.5. Never and under no circumstances use FOM Resources for activities prohibited or restricted by the laws of the Republic of Uzbekistan;

7.2.6. Not damage the FOM Resources, the software shell, or the hardware and software;

7.2.7. The User may not perform any unauthorized actions with the FOM Resources, including distribution of the FOM Resources via various Internet resources and portals, hacking the functionality of the FOM Resources, use of parts of the FOM Resources.

8. Cookie and Similar Technologies

8.1. The content of cookies can only be retrieved or read by the server that creates the cookie. It is acceptable that the data may consist of a line including but not limited to identifiers, site names, numbers, and symbols that uniquely identify FOM Resources but may also contain other data.

8.2. FOM has the right to use cookies and similar technologies to improve the experience under the terms of this Agreement. In addition, FOM uses cookies to enable the User to log in, store, and track preferences, perform interest-based advertising, analyze FOM Resources, prevent fraud, and perform other legitimate tasks. Cookies allow FOM Resources to remember individual settings such as language or other preferences.

8.3. Depending on the context or product, FOM may use cookies and similar technologies to authenticate and verify the User, in particular:

The above list is not exhaustive, but it is intended to show the main purposes for which FOM typically installs and uses cookie files.

9. Cookie Management Procedure

9.1. The User can block or delete cookies. For more information about how to delete cookies from FOM Resources, the User may contact the FOM operator.

9.2. If necessary, FOM obtains the User’s consent before placing optional cookies that are not intended to facilitate communication or are strictly necessary for the provision of the Services. FOM shares these optional cookies. The User may consent to certain categories of optional cookies. The User can also change the selection by changing the settings available in FOM Resources.

9.3. Some of the FOM Resources functions depend on Cookie files. If you choose to block the cookie, you will not be able to log in or use some of the features and settings that depend on the cookie. If the User decides to delete cookies, all settings and preferences controlled by cookies will be deleted and must be re-created.

10. Data Disclosure

10.1. FOM transmits data to any third party as described in this Agreement when the services are provided by a third party authorized by FOM. FOM may share Data with FOM Partners as necessary and as it thinks fit.

10.2. To comply with applicable laws in a particular jurisdiction or in response to applicable legal procedures, FOM may also disclose Data to law enforcement or other government agencies. If FOM is involved in, among other things, a restructuring, merger, acquisition, bankruptcy, or liquidation, the Data may be lawfully disclosed in connection with these processes. FOM may also disclose Data when appropriate, such as to comply with this Agreement or when FOM believes that disclosure is necessary or appropriate to prevent physical harm or financial loss or when it is related to an investigation of suspected or actual illegal activity.

10.3. FOM may transmit Data with the User’s consent or to complete any transaction or provide any product that the User has requested or authorized through FOM Resources. FOM may also share Data with any other party, Partners, suppliers working on behalf of FOM when required by law or in legal proceedings to protect the User, to protect life, to secure the Services and FOM Resources, and to protect FOM and User rights.

11. Data Storage

11.1. FOM will retain the Data no longer than is necessary for the purposes specified in this Agreement unless otherwise required or permitted by applicable law in a particular jurisdiction. The retention period for Data may vary depending on the scenario and the Services. FOM retains Data for as long as is necessary to perform the transactions requested by the User or for other legitimate purposes such as complying with FOM’s legal obligations and dispute resolution, monitoring and improving performance, the quality of Services, records, securing systems, handling possible queries, complaints, and problems. As these needs may vary for different types of Data, the context of interaction with the User or use of the Services, the actual retention times may vary significantly.

11.2. FOM will maintain the registration of Data for as long as the User’s account is required to provide the Services. The User can unregister an account. After the User cancels the account registration, FOM will stop providing the Services via the account and will delete the corresponding Data unless otherwise required by special legal requirements.

12. Settlement Procedure and Satisfaction of Claims

12.1. All disputes and claims shall be governed by the provisions of this Agreement and if not settled in the manner prescribed by applicable law.

12.2. Any questions, comments, or other correspondence from the User should be directed to FOM by sending an email to the FOM email address. FOM is not responsible for and does not guarantee a response to inquiries, questions, suggestions, or other information sent to it in any other way.

12.3. Claims arising in connection with this Agreement shall be addressed to FOM by sending an e-mail to the FOM e-mail address. FOM agrees to review this complaint within 10 (ten) business days if necessary by sending a letter stating its position to the e-mail address specified in the complaint. FOM will not consider any complaints from Users who cannot be identified on the basis of the data provided to them during registration (including anonymous complaints). If the User does not agree with the reasons given by FOM in its response to a complaint, the complaint settlement procedure is repeated by sending a substantiated response from the User by post, namely by registered mail with notification.

12.4. The User and FOM agree that if it is impossible to resolve disputes arising in connection with this Agreement through negotiations, such disputes shall be resolved by the parties in the manner prescribed by the legislation of the Republic of Uzbekistan at the location of FOM.

13. Responsibility of the Parties

13.1. The User is responsible for the use of FOM Resources, including those not expressly specified in this Agreement.

13.2. The User acknowledges and agrees that the IP address of the User’s device is recorded by the technical means of the FOM and in the case of illegal actions including actions that violate the intellectual rights of third parties, the owner of the device determined by the technical means of the FOM by IP address ownership is held responsible for the said illegal actions.

13.4. Limitation of liability: FOM is not responsible for:

13.4.1. The uninterrupted operation of the FOM Resources and its compatibility with the software and technical means of the User and others;

13.4.2. The accuracy of any information posted on the FOM Resources regarding the Partners and/or their products, prices, conditions, deliveries, etc., causing any losses that have arisen or may arise in connection with or in connection with the use of the FOM Resources; failure to perform or improper performance of its obligations due to failures in telecommunications and power networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of FOM’s software and/or hardware complex.

13.4.3. For the sale by FOM Partners of

13.4.4. Errors made by the User when entering data.

13.5. Liability of Parties in other cases not covered hereby shall be defined in accordance with the applicable legislation of the Republic of Uzbekistan.

14. Validity of Agreement

14.1. This Agreement is entered into between the Parties for an indefinite term.

15. Final Provisions

15.1. The conditions of this Agreement are changed unilaterally by FOM and will come into force on the date of publishing whereby the User agrees that the conditions of this Agreement in respect of the User’ consent to the submission of personal data to FOM and the processing thereof will be valid indefinitely.

15.2. Any document, notice, or communication in writing in the form of a paper document sent by one Party to the other Party shall be valid only if sent to the address set forth in this Agreement. The notice may be delivered in person or sent by registered mail and will be deemed received:

15.2.1. If delivered in person - on the date of delivery;

15.2.2. When sent by registered mail - on the date specified in the receipt confirming delivery of the relevant mail by the telecommunications organization.

15.3. The User confirms that he has read all the provisions of the Agreement, understands and accepts them.