Portal Use Agreement

• Preamble

  The Portal Use Agreement (“Agreement”) is an agreement made between You, i.e. the Consumer and the Authorized Bank “Kapital Bank” OJSC, and regulates the terms and conditions of use of the Portal and Electronic Cabinet for refund of VAT paid for goods (excluding oil and gas products) purchased from persons engaged in retail trade or public services activities in the Republic of Azerbaijan.

• Terms and Definitions

  Seller – VAT payer engaged in retail trade or public services activities in the Republic of Azerbaijan;

  Consumer – natural person purchasing goods from the Seller;

  Portal – information system where the Consumer's application for refund of VAT paid for purchased goods is registered;

  Electronic Cabinet – private virtual space created by the Consumer through registration over the Portal with PIN of the identity document or mobile number;

  Check – document confirming payment for the goods and issued by the cash register.

  Operator – resident who arranges and manages the operation of software, portal and integrated database allowing the transfer of data regarding refund of VAT paid for goods purchased by the Consumer from the Seller;

  Paid VAT – 15 (fifteen) percent of VAT charged on non-cash payment and 10 (ten) percent of VAT on cash payment for goods (excluding oil and gas products) purchased by Consumers, natural persons from the Seller in the Republic of Azerbaijan as in accordance with the Tax Code of the Republic of Azerbaijan (“Tax Code”).

• How to use checks and paid VAT

  Consumer will enter the unique identifier (fiscal ID) consisting of the combination of 12 (twelve) letters and digits in the Checks provided only by the new generation cash registers containing QR (Quick Response) code through the Portal at the Electronic Cabinet.

  The application entered through the Portal will be activated 14 (fourteen) days after starting from the following the date when the Check is printed subject to the provisions of the Law of the Republic of Azerbaijan “On Protection of Consumer Rights”. Check is kept at “pending” status in the Electronic Cabinet for 30 (thirty) days from its issuance date. After 30 (thirty) days from the issuance date of the Check entered the Electronic Cabinet, the VAT amount paid on that Check will be refunded to the Consumer and status of the relevant Check in the Electronic Cabinet will be changed as “Refunded”. If the Check is canceled (or changed) by the Seller in the manner specified by the Law “On Protection of Consumer Rights” during this period, the paid VAT amount will not be refunded, and the status of that Check in the Electronic Cabinet will be changed as “Canceled”. If the Check is entered to the Electronic Cabinet within 30 (thirty) days from the issuance date, status of the valid check will appropriately defined as “refunded”.

  Check may be entered to the Portal within 90 (ninety) days from the issuance date .

  VAT paid on oil and gas products is non-refundable.

  Consumer may use the paid VAT collected on the Portal for the following purposes:

  - by performing payments (utilities, mobile, telephone, internet, TV, penalties, insurance, etc.) through the Portal;

  - by transfer to payment cards owned by local banks. In this case, commission fee may be charged to the Consumer for the respevtive banking services. The Authorized Bank may in the future extend (restrict) the scope of use of paid VAT.

  The authorized bank may unilaterally change the terms and conditions of this Agreement.

• Confirmations and statements

  Entering of data by you while using (registering) the Portal or Electronic Cabinet, confirmation of the notification (information) sent to your mobile number via SMS, as well as the relevant actions (confirmations) made through the mobile application, website of the Authorized Bank, or other technological (technical) means will be considered by the Authorized Bank as an analogue of your personal signature and will have equal legal force with your personal signature.

  You confirm that the identification details regarding the use (registration) of the Portal or Electronic Cabinet provided by you is owned by you. Otherwise, you will be personally liable for any damage (loss) that may the Authorized Bank or third parties incur. You shall take appropriate measures to provide the confidentiality, security of the relevant identification details, and ensure that they will not be disclosed (transferred) to third parties. The Authorized Bank will take measures to ensure the security of data exchange, but the Authorized Bank will not be responsible for any damage (loss) incurred by you or third parties regarding receipt and use of that data by third parties beyond control of the Authorized Bank.

  You acknowledge that the Authorized Bank may disclose your information in accordance with the Regulations to third parties to ensure the operation of the Portal and Electronic Cabinet.

  Issues not covered by this Agreement shall be governed by the Tax Code of the Republic of Azerbaijan, Regulations and other legal acts.