PUBLIC OFFER
to provide services for participation in the Diversity Visa immigration program
This public offer for the provision of services to participate in the immigration program" Diversity Visa "declared on behalf of LLC" FORTUNA EXPRESS SERVIS", posted on the Internet on the website www.dvstart.uz and in the office of LLC "FORTUNA EXPRESS SERVIS" at the address: Samarkand, Mirzo Ulugbek street, 62, and sent to an unlimited number of persons.
BASIC CONCEPTS AND DEFINITIONS
The Diversity Visa immigration program (lottery) is an annual lottery program "visa for foreigners of different nationalities", developed in accordance with the legislation of the United States, which allows to obtain the status of a permanent resident of the United States to the individuals participating in the lottery.
"Diversity Visa" – a visa that is issued to an individual-the winner of the immigration program" Diversity Visa", providing permanent resident status.
"Participant" - an individual who accepted this offer, in order to participate in the immigration program "Diversity Visa".
FORTUNA EXPRESS SERVIS, LLC is a legal entity (INN 301344393, postal address: Samarkand, 62, Mirzo Ulugbek street) providing a range of services to Participants who have expressed a desire to participate in the Diversity Visa immigration program in accordance with this public offer.
The instructions to the Immigration program "Diversity Visa" – the official instructions issued by the competent authority of the United States, containing all the necessary criteria for individuals wishing to voluntarily participate in the Immigration program "Diversity Visa".
Parties - means jointly LLC "FORTUNA EXPRESS SERVIS" and an individual who has accepted or has the intention to accept the terms of this offer.
www.dvlottery.state.gov - the official government website of the United States of America, through which the lottery is held on the Immigration program "Diversity Visa".
EDS - is an electronic digital signature.
1. SUBJECT OF THE OFFER
1.1. This public offer (hereinafter - the offer) in accordance with articles 367 and 369 of the Civil Code of the Republic of Uzbekistan regulates the relations related to the provision, OOO "FORTUNA EKSPRESS SERVIS" (hereinafter – the Consultant) service to interested individuals (hereinafter - Participants) to participate in the Immigration program "Diversity Visa".
1.2. Under the terms of this offer, the Consultant undertakes to provide a range of consulting services to Participants who accept this offer, and expressed a desire to participate In the immigration program "Diversity Visa", conducted through the official government website of the United States of America, which plays a lottery for a visa "Diversity Visa" (www.dvlottery.state.gov), and to inform such Participants about the results of the lottery.
1.3. Services provided by the Consultant in the collection, registration and submission of information about the Participants on the official government website of the United States (www.dvlottery.state.gov) are free for all Participants who have accepted this offer in order to initiate their participation in the Diversity Visa Immigration program (hereinafter – the DV program). Additional services provided by the Consultant by the Participant shall be specified in the individual offer concluded by the parties in accordance with the terms of this offer and being an integral part thereof. Public offer and individual offer, after their acceptance by the Participant, constitute a single transaction.
1.4. The participant, who has accepted this public offer, gives the Consultant his full and unconditional consent to the use of personal data (including personal data of relatives of such person, who are entitled to participate in the DV Program together with the Participant in accordance with the instructions to the Diversity Visa Immigration program) exclusively for the initiation of participation in the DV Program. The provision of personal data is made by the Participant who accepted this public offer, only on a voluntary basis. The consultant will not take any action to convince and/or compel the Participants to provide such personal data, as the provision of such data is a prerequisite for the voluntary participation of The participant in the DV program. In the event that after the acceptance of this public offer, the Participant does not provide the Consultant with the necessary personal data about himself or her relatives within the prescribed period, this public offer will be automatically canceled, and the Consultant will not be liable to such Participant for failure to fulfill its obligations under this public offer.
1.5. After giving the Party all the information necessary for the Consultant to provide services under the public offer, the Consultant, making the verification of the completeness of the information, makes it flow through the official government website USA www.dvlottery.state.gov. The fact that the Consultants providing information about the Participant through the official government website www.dvlottery.state.gov to verify the direction of the Consultant of the notification that the Participant was in the lottery for the diversity visa Program. Such notification shall be sent to the address of the Participant by registered mail with the notification of delivery or to the e-mail address (e-mail) of the Participant.
1.6. After submitting all the necessary information about the Participant, the Consultant monitors the results of the lottery program DV. If the results of the lottery participant will be declared the winner, the Consultant shall notify the Participant within 15 (fifteen) days from the date when the Consultant became aware of the recognition of The participant as the winner of the lottery program DV.
1.7. Upon receipt by the Member of the relevant notice in accordance with paragraph 1.6. this public offer, the Participant must fulfill the obligations under the individual offer, in order to complete the provision of services by the Consultant under this public offer.
1.8. The consultant confirms that the activities carried out by the Consultant in accordance with the terms of this offer are carried out in accordance with the requirements of the current legislation of the Republic of Uzbekistan and there are no prohibitions and restrictions on the implementation of such activities.
1.9. The conclusion (acceptance) of this public offer may be carried out by any capable person who has reached the age of 18. The acceptance of this public offer by the Participant is at the same time his / her voluntary application for the consultant to initiate His / her participation in the DV program. Acceptance can be made by the Participant, both in writing and in electronic form, in the manner provided for by this public offer. The public offer accepted by a Participant under 18 years of age is invalid and services on it will not be provided to such persons without sending any notifications to such Participants.
2. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Consultant rights:
2.1.1. To receive from the Participants necessary and comprehensive information (including personal data) necessary for the participation of individuals in the DV Program.
2.1.2. Provide, enter into databases, mail (including e-mail) or transmit in any way the information provided by an individual solely for the purpose of the participant's participation in the DV Program.
2.1.3. Independently determine the procedure for providing services to the Participants who accept the terms of this public offer.
2.1.4. The consultant has the right to ask the Participant who provided the necessary information for participation in the DV Program, specifying information if it is necessary for the proper provision of services in accordance with the terms of this public offer.
2.1.5. At any time, to stop the provision of services without compensation for possible losses, penalties and penalties, if in the course of the provision of services, the intention of the Participant to participate in illegal formations (criminal, religious, political, etc.), or if it is established that such a Participant belongs to the number of persons belonging to such illegal formations. In this case, the Consultant reserves the right to appeal to the law enforcement authorities in respect of such person.
2.1.6. At any time, to stop providing services without compensation for possible losses, penalties and penalties, if during the provision of services it is established that the Participant has accepted this public offer in order to provide other persons with paid services for participation in the DV Program.
2.1.7. At any time to stop the provision of services without compensation for possible losses, penalties and penalties, if the Participant will not fulfill the obligations under the terms of this public offer, as well as the terms of the individual offer.
2.1.8. To stop providing services without compensation of possible losses, penalties and penalties in case the Participant attempts will be made proposals to the management, employees of the Consultant and their affiliates reward or remuneration in order to somehow affect the outcome of the lottery through the DV Program, regardless of what the Consultant originally did not have any relationship to the conduct of the DV Program.
2.1.9. Stop providing services without compensation for possible losses, penalties and penalties, if the Consultant determines that the provision of the necessary information to the Consultant To participate in the DV Program is carried out under duress or other influence, excluding voluntary nature.
2.1.10. To inform the Participant who accepted this public offer about the terms of providing information necessary for the Participant's participation in the DV Program.
2.1.11. Independently monitor the results of the lottery program DV and check on behalf of the Participant information on the website www.dvlottery.state.gov. For these purposes, the Participant voluntarily grants the consultant the full and unconditional right to verify such information on His/her behalf;
2.2. Duties of the consultant:
2.2.1. Organize the collection and reception from the Participant of all necessary information necessary for the latter to participate in the DV Program.
2.2.2. Professionally fill in the form "DV Program Application" for the Participant in accordance with the requirements of US immigration law;
2.2.3. Timely send an application on behalf of the Participant to participate in the DV Program and send the necessary information about the Participant to the Consular Center in the United States, in accordance with the terms provided by the DV program instructions;
2.2.4. Do not interfere with the collection, reception and sending of the necessary information about the Participant for reasons of inexpediency;
2.2.5. Ensure the provision of services professionally, efficiently and on time;
2.2.6. Do not require the Participants, who accepted this public offer, the information necessary for the participation of such persons in the DV Program. This information, based on the essence of the offer, must be submitted by the Participant exclusively on a voluntary basis. This condition does not apply to the conditions of clause 2.1.8 of this public offer;
2.2.7. Inform the Participant about the need for his personal participation or presence in the provision of services in accordance with the terms of this public offer;
2.2.8. Notify the Participant about the results of the DV Program conducted, provided that the Participant fulfills its obligations under this offer, as well as obligations under the individual offer;
2.3. Participant's rights:
2.3.1. The participant has the right to get acquainted with the procedure for holding the DV Program, as well as the lottery;
2.3.2. Provide the Consultant with all the information necessary to participate in the DV Program;
2.3.3. Receive information about the deadlines for the completion of the DV Lottery;
2.3.4. To receive information on the results of the lottery under the DV program provided that all obligations under this public offer and on an individual offer;
2.3.5. The Participant is entitled to receive additional services from the Consultant in accordance with the terms of this public offer and an individual offer;
2.3.6. The Participant has the right to refuse at any time from the provision of the Consultant's services, as well as from participation in the DV Program, by sending a notice to the Consultant.
2.4. Obligations of the Member:
2.4.1. Provide the Consultant with the information necessary to initiate participation in the DV Program solely on a voluntary basis. In the event that during the collection of the necessary information about the Participant, the Consultant will determine that the Participant provides information under duress or other influence excluding the voluntariness of such actions, the Consultant will be entitled to act in accordance with clause 2.1.9. of this public offer;
2.4.2. Provide the Consultant with only reliable and up-to-date information necessary for participation in the DV Program;
2.4.3. Provide the Consultant with the information necessary to participate in the DV Program in a timely and timely manner;
2.4.4. The Participant shall not interfere with the provision of services by the Consultant in accordance with the terms of this public offer;
2.4.5. To fulfill in full the obligation on an individual offer in case if, based on the results of the DV Program, the Participant is recognized as the winner;
2.4.6. To inform the Consultant about the contact information about himself (postal address, e-mail address, telephone number) required by the Consultant for the proper provision of services under the terms of this public offer, as well as the terms of the individual offer;
2.4.7. The Participant shall not provide the Consultant with the information necessary for participation in the DV Program for third parties, in order to provide such persons with paid services for participation in the DV Program. If such facts are revealed, the Consultant will be entitled to act in accordance with the provisions of clause 2.1.6. this public offer;
2.4.8. In case of voluntary provision by the Participant to the Consultant of the information necessary for his participation in the DV Program, the Participant shall inform the Consultant of information that may lead to rejection of the application submitted by the Consultant for participation in the DV Program.
3. THE ORDER OF DETERMINATION OF WINNERS OF THE LOTTERY FOR THE PROGRAM DV
3.1. The result of drawing a lottery under the DV program is to determine the winners among the applicants who will subsequently receive the status of permanent resident of the United States with the granting of a DV visa.
3.2. Information about the winners of the DV Lottery will be sent to a special page of confirmation of the official site.
3.3. After determining the winners for the DV Program, the Consultant will check the availability among the winners of the Participant. In case if the Participant is recognized as the winner by the results of the DV Program Lottery, the Consultant must notify the Participant about it within 15 (fifteen) days in any convenient way for the Participant (by sending a notification by mail by registered mail with notification or notification by e-mail).
3.4. After the Participant receives notification from the Consultant in accordance with the conditions of the previous paragraph of this public offer, the Participant will have to fulfill the obligations in accordance with the terms of the individual offer concluded by him with the Consultant.
4. LIABILITY OF THE PARTIES
4.1. The Consultant shall not be liable to the Member for the results of the conducted DV Lottery.
4.2. The Consultant shall not be liable to the Participant if the application submitted by him on behalf of the Participant for participation in the DV Program will be rejected in connection with incorrect or erroneous data submitted by the Participant himself.
4.3. In the event that during the provision of services by the Enterprise it is determined that the Participant has accepted this public offer in order to provide other persons with paid services for participation in the DV Program, in this case, the Consultant has the right to collect from the Participant a fine in the amount of 10 times the minimum wage, acting on the date of the Consultant's submission of a claim for payment of such a fine.
4.4. The Consultant shall not be liable to the Participant for the impossibility of further participation of the latter in the DV Program after its announcement by the winner, in case if after notification by the Consultant of the Participant about the victory in the DV Program, the Participant did not fulfill its obligations provided for by the individual offer.
4.5. The measures of responsibility of the parties for non-fulfillment or improper performance of their obligations under this public offer, and not provided for by its terms, are regulated in accordance with the current legislation of the Republic of Uzbekistan.
4.6. Neither party shall be liable for improper performance or failure to perform obligations due to circumstances that arose out of the will and will of the parties that could not be foreseen or avoided (Force majeure, including war, civil unrest, terrorism, epidemics, blockades, embargoes, fires, earthquakes, floods and other natural disasters) and that affected the fulfillment of obligations by the parties. A party that does not fulfill its obligation in connection with force majeure circumstances must notify the other party of the impossibility of fulfilling the obligations under the contract in connection with the presence of force majeure circumstances within 15 days in writing.
5. SETTLEMENT OF DISPUTES
5.1. All disputes and disagreements arising between the parties under this public offer are resolved through negotiations between the parties.
5.2. If it is not possible to resolve disputes through negotiation, the parties should take all possible measures to resolve such disputes in a claim procedure. In this case, the claim must be sent by the party initiating the resolution of the matter to the other party. The response to the Claim must be submitted by the party receiving the Claim within 30 days from the date it was received. The claim procedure can be carried out both in the usual written form and through the exchange of electronic documents certified by the EDS of the parties.
5.3. In case of impossibility of settlement of disputes in a claim procedure, such disputes are subject to consideration in court in the order established by the current legislation of the Republic of Uzbekistan.
6. OTHER CONDITIONS
6.1. This public offer after acceptance by its Participant is valid for an unlimited period.
6.2. This public offer can be withdrawn by the Consultant at any time. In this case, the Consultant will not bear any responsibility to the Participants who did not have time to accept the terms of this public offer.
6.3. The acceptance of this public offer will be the following mandatory actions to be taken by the Participant and which will be a complete, voluntary and unconditional acceptance by the Participant of its acceptance: a) Confirmation of the Participant to acquaint and agree to the terms of this public offer provided to the Consultant; b) filling in the Questionnaire (registration data) by the Participant in the form provided by the Consultant; c) Confirmation of the Participant to acquaint and agree with the terms of the individual offer provided by the Consultant. In order to enable the Participant to accept this public offer in a form convenient for him, the actions related to acceptance in accordance with subparagraphs (a), (b) and (c) of this paragraph may be made both in ordinary written form and in electronic form.
6.3.1. Acceptance of this public offer in ordinary written form is carried out in the following order: 1) After acquainting and expressing consent to the terms of the public offer, the Participant completes the Questionnaire (registration data), in the form submitted by the Consultant, affixes this Questionnaire to the Consultant; 2) The Participant shall provide the Consultant with a written confirmation of acquaintance and consent with the terms of the individual offer provided by the Consultant.
6.3.2. Acceptance of this offer in electronic form is carried out in the following order: 1) Participant, after going through the electronic link: www.dvstart.uz enters the "Registration" section, gets acquainted with the terms of this public offer and, as a confirmation of acquaintance and consent to the conditions of this public offer, put a "tick" in the lower part of the public offer; 2) After confirming the public offer, the Participant is redirected to the section of the site "Applicant's Questionnaire", in which the Participant must fill in all required fields. Confirmation of the information indicated in this section will be pressing the Participant button [REGISTER]; 3) After submission of personal data to the Participant, an individual offer will be sent to the e-mail address specified in the personal data. The acceptance of this individual offer must be made by sending a response message from the participant with the word "I agree" or "I agree". The presence in the response message of other words or symbols other than the word "I agree" or "I agree" gives the Consultant reason to consider the directed acceptance as not received.
6.4. Implementation by the Participant of all actions provided for in paragraph 6.3.1. or 6.3.2. is an acceptance of the Participant and means that the Participant fully and unconditionally agrees with all conditions of this public offer and individual offer.
6.5. In the event that the Participant who has accepted this public offer has not been recognized as the winner of the DV Program Lottery in the year of acceptance of the public offer, then this public offer will be valid for all subsequent years in which the DV Program will be conducted. In this connection, the Consultant will have the opportunity to submit further applications on behalf of the Participant to participate in subsequent DV Programs organized in accordance with US law.
6.6. The parties determined that if, after accepting the terms of this public offer, the Immigration Program "Diversity Visa" is changed to a Program with a different name, but similar in content to the current one, the Parties will be guided by the terms of this public offer.
6.7. If, after accepting this public offer, the US legislature will amend the instructions for the Immigration Program "Diversity Visa", which impose additional obligations on the parties, the Consultant will unilaterally publish such modifying terms on its website that will be mandatory for The participant.
6.8. The terms of this public offer can be changed unilaterally by the Consultant at any time, by placing such changes in the places of placement of the Public Offer.
6.9. The parties can terminate the terms of this public offer only by agreement of the parties, and also by a court of law on the suit of one of the parties. Unilateral cancellation of this public offer is not allowed.
