TERMS AND CONDITIONS

The Specific Terms and Conditions set out below (hereinafter referred to as “Terms”) shall apply to the access, download and/or use of the application “MTS TV”, as well as its updates (hereinafter referred to as “App”) belonging to “MTS Armenia” CJSC (hereinafter referred to as “VivaCell-MTS”). VivaCell-MTS may from time to time change these Terms. By accessing, downloading and/or using the App, you will be deemed to have read, understood and accepted these Terms or the terms existing at that time.

1. Definitions

 1.1 In these Terms, the following words and expressions shall have the following meanings:

1.1.1“App Markets” shall mean such online digital media and/or application stores as VivaCell-MTS may specify from time to time, which presently comprise iTunes Store of Apple Inc. and Google Play store of Google LLC.
1.1.2“Catch-Up Feature” shall mean the function made available on or via the App which allows to rewind, forward, pause certain TV Content or its components (time shifting) from the moment of the broadcasting of such TV Content within a time period according to the conditions of the relevant Tariff Plan
1.1.3“Catch-Up TV Programs” shall mean TV Content which may be accessed pursuant to the Catch-Up Feature.
1.1.4“General Terms and Conditions” shall mean the prevailing General Terms and Conditions for Provision of Electronic Communication and Other Adjacent Services available at mts.am 
1.1.5“Intellectual Property Rights” shall mean patents, trademarks, service marks, trade names, domain names, rights in designs, database rights of unfair extraction and reutilization, copyrights (including rights in computer software), rights in know-how and other intellectual or industrial property rights (whether registered or unregistered and including applications for the registration of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
1.1.6“Losses” shall mean all losses, liabilities, costs, damages (including damages arising from cyber- attacks), claims, expenses (including judicial expenses), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or
1.1.7“App” means the application “MTS TV” for mobile devices (available for download from an App Market) offered, operated and maintained by VivaCell-MTS, through which, inter alia, certain functions and features and TV Content as may be offered and made available by VivaCell-MTS from time to time, may be accessed and used.

The copyrights to the Application are reserved to “Shant” LLC (Registration number: 29.110.00409, date: 22/07/1995, legal address: Gyumri, V. Sargsyan TV Center).

1.1.8“App Content” shall mean all material, information, tools, content, hyperlinks, marks and/or logos contained in or displayed on, and all software and content which may be downloaded and/or accessed from or are made available through the App, including:

(i)all features, functionalities and/or TV Content being offered and made available on or via the App;
(ii)all advertisements, promotions and offers (whether from VivaCell-MTS or any third party);
(iii)all material, information, tools, content, hyperlinks, marks and logos relating to third parties and/or products and/or services owned or provided by third parties;
(iv)all links from the App to Third Party Platforms; and/or
(v)Third Party Content.

1.1.9“Terms” shall mean these Specific Terms and Conditions, as may be amended from time to time.
1.1.10“Third Party Content” shall mean all material, information, tools, content and/or hyperlinks contained in Third Party Platforms (whether relating to third parties and/or products and/or services owned or provided by third parties or otherwise).
1.1.11“Third Party Platforms” shall mean websites, mobile applications and/or other platforms owned, operated or provided by third parties.
1.1.12“TV Content” shall mean all and any material, channels, TV programs (including any advertisements therein), and/or all and any content (whether visual, audio, video or otherwise) contained in or made available through such material, channels and TV programs.
1.1.13“VOD” or “Video on Demand” shall mean the additional feature where VivaCell-MTS allows you to view certain TV content made available by VivaCell-MTS on a non-gratuitous basis through the App.
The words and expressions used in these Terms that are not defined herein, shall have the same meanings as defined in the General Terms and Conditions, unless the context otherwise requires.
1.1.14 "Tariff Plan” - mobile electronic communications service and/or services provided by VivaCell-MTS.

1.1.15 “Privacy Policy” - personal data confidentiality policy published on Vivacell-MTS official web site at www.mts.am. 

2. General Conditions

2.1In addition to these Terms, you shall be bound by and shall fully observe and comply with the General Terms and Conditions and such other terms and conditions as may be agreed or accepted by you in connection with your access and/or use of the App.
2.2These Terms are without prejudice to and shall not limit in any way the rights and protections conferred on VivaCell-MTS and the obligations and liabilities imposed on you under the General Terms and Conditions and/or such other terms and conditions.
2.3You acknowledge and agree that in order to download, access and use the App, you are required to at all times comply with the provisions of these Terms, and you represent and warrant to VivaCell-MTS that:

2.3.1 you are downloading the App from an App Market;

2.3.2 you are downloading, accessing and using the App on a mobile handset or device which meets or exceeds such mobile platform operating system requirements and specifications as VivaCell-MTS may specify from time to time;
have put in place certain connections (such as connections to the Internet, whether via wireless connection, mobile data, or otherwise); and
2.3.3 you shall have no payment obligations to VivaCell-MTS for the Tariff Plan at any time.

2.4 You acknowledge and agree that your access and/or use of the App depends on, and that the TV Content (or the volume thereof), as well as certain App functions, features or the App interface may vary based on the conditions of the Tariff Plan  you choose.
2.5 You acknowledge and agree that your use of any mobile or data services in relation to your download of and/or any access to and/or use of the App, any feature, functionality and/or TV Content for the time being offered and made available on or via the App (including but not limited to the Catch-Up Feature, VOD) and/or any App Content may entail additional charges with the relevant mobile and telecommunication service providers and that you shall be solely responsible for such charges.
2.6 Without prejudice to other clauses contained herein, you acknowledge and agree that the Catch-Up Feature may only be accessed and used for a certain period of time as stipulated by VivaCell-MTS, following which such Catch-Up TV Program will no longer be able to be accessed.
2.7 Your access to and/or use of the App (or any part thereof) shall at all times be subject to the rights which VivaCell-MTS may have from the relevant content providers.
2.8 By joining the present Terms you represent and warrant that you are an adult (18 years of age or older). VivaCell-MTS shall in no way be held liable for any Losses caused to you as a result of breach of the provision stipulated by the present point.

2.9. In the event of any conflict between the present Terms and the General Terms and Conditions, the provisions of the present Terms shall prevail.

2.10. The provisions set forth in VivaCell-MTS Privacy Policy shall apply to you within the scope of the present Terms.

3. Activation, suspension and termination of the App

3.1 For activation of services provided through the App, you must perform the following actions:

3.1.1 Enter the phone number in the corresponding field of the App;

3.1.2 Enter the six-digit code sent by VivaCell-MTS to the entered phone number;

3.1.3 Enter personal data in the App (name/surname and e-mail address);

3.1.4 Enter the password;

3.1.5. Log into the App.

3.2 The services provided through the App are suspended and/or terminated in case the services set by your Tariff Plan are suspended and/or terminated.

4. Your General Obligations

4.1 To access and use the App (or any aspect thereof), you will be required to provide VivaCell-MTS the information and data that VivaCell-MTS may specify from time to time, including but not limited to your mobile number registered on VivaCell-MTS network, your e-mail.

4.2 To access and/or use the App (or any aspect thereof), you may be required to pay fees according to the General Terms and Conditions and the conditions of the Tariff Plan you choose.
4.3 You agree and acknowledge that in order to pay for access and/or use of the App in accordance with the Tariff Plan/Package you choose, payment details (including debit/credit card details) may be required from you. In this regard, you agree that the payment details provided by you shall be correct, valid and accurate. You shall not use a debit/credit card that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. You are responsible for maintaining the security of your payment details, and VivaCell-MTS will not take responsibility for unauthorised access and use of your payment details unless such unauthorised access or use occurred directly through VivaCell-MTS’s fault. You agree and acknowledge that VivaCell-MTS and/or its payment agent(s) shall have the right to process subsequent payments for the access and/or use of the App using the payment details (payment method) provided by you.
4.4 You may access and use the App using your details on separate mobile handset(s) or device(s) (subject always to VivaCell-MTS’s approval), depending on the Tariff Plan you choose.
4.5 You shall pay on a timely manner for the App in compliance with the General Terms and Conditions and Tariff Plan  you choose.
4.6 You shall promptly notify VivaCell-MTS upon discovering that there has been any:

4.6.1 inappropriate or unauthorized disclosure of and/or use of any of your details required to be provided to access and use the App (or any aspect thereof); and/or
4.6.2 inappropriate or unauthorized access to and/or use of App (or any aspect thereof) (whether effected using any of your details or otherwise),
4.7 Without prejudice to any other obligations which you may have (whether under these Terms, General Terms and Conditions, at law, or otherwise), you represent, warrant and undertake that:

4.7.1 you shall access, download and/or use the App solely for personal, private and non-commercial purposes and subject to such limitations as VivaCell-MTS may specify from time to time, and in particular shall not, and shall not assist, cause, permit or authorize any person to, at any time, access or use the App (or any aspect thereof):

(i)for any commercial, unlawful or illegal activity or purpose (including commercial distribution); or
(ii)in any manner which may result in you or VivaCell-MTS breaching any applicable law and/or any act or requirement of any competent authority, and/or which may affect VivaCell-MTS’s equipment, network, servers, systems, and/or other services, or any other person’s access to and/or use of the App or any other service provided by VivaCell-MTS.
4.7.2 any and all information provided by you to VivaCell-MTS in connection with your access to and/or use of the App and/or these Terms shall be true, accurate and complete, and you shall promptly notify and update VivaCell-MTS in the event of any change of such information (in such form and with such valid supporting documentation as may be required by VivaCell-MTS from time to time);
4.7.3 you shall at all times when accessing and/or using the App comply with these Terms, General Terms and Conditions, and all applicable laws and acts, orders and requirements of any state government and local self-government authority; and
4.7.4 you shall render VivaCell-MTS any assistance and co-operation as VivaCell-MTS may require in connection with any examination, investigation undertaken and/or action taken by VivaCell-MTS in accordance with these Terms.

5.      General Rights of VivaCell-MTS

5.1 VivaCell-MTS shall be entitled to send notifications (including SMS, e-mails) relating to the App (or any aspect thereof).
5.2 Notwithstanding any other provision of these Terms, VivaCell-MTS shall be entitled to, and hereby reserves all rights to, at any time disable any links to or frames of any website or mobile application, and to remove or not publish any TV Content containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or material or information that violates any applicable law and/or any act, order or requirement of any state government and local self-government or other rights of any person (including Intellectual Property Rights).
5.3 VivaCell-MTS shall be entitled to at any time investigate complaints or reported breaches of these Terms or any matter referred to in these Terms, and to take any action it may consider necessary, including reporting any suspected unlawful activity to competent authorities and/or law enforcement officials and disclosing any information necessary or appropriate to such persons.
5.4 Notwithstanding any other provision of these Terms, VivaCell-MTS may, at its sole and absolute discretion, at any time modify the App (or any aspect thereof) and/or App Content, including but not limited to extending, decreasing or substituting TV Content, introducing new functions, modifying the user interface, without prior notice to you and without giving any reason. Such modifications shall immediately become part of the App and your continued access to and use of the App shall be deemed to be your conclusive acceptance of the same.
5.5 In case of any breach of your obligations specified in these Terms and/or in the General Terms and Conditions, any time for any reason whatsoever, VivaCell-MTS may suspend (for such period as VivaCell-MTS may in its sole and absolute discretion consider necessary) or terminate your Subscription Agreement and/or the availability to you of and/or your access to and/or use of the App (in whole or in part), without prior notice to you.

6.      Disclaimers

6.1 The App is available for download and made available for access and/or use only in the territory of the Republic of Armenia. VivaCell-MTS makes no representation and no guarantee that the App (or any aspect thereof) is lawful, appropriate or available for use in other locations or jurisdictions. VivaCell-MTS shall not be liable or be deemed to be in breach of these Terms or the General Terms and Conditions, and you will be solely responsible if you access, download and/or use the App outside the territory of the Republic of Armenia.
6.2 VivaCell-MTS shall not be liable to you or be deemed to be in breach of these Terms or the General Terms and Conditions by reason of any delay in providing, or any inability by you to access and/or use the App (or any aspect thereof).
6.3 You acknowledge and agree that the App and all App Content is provided to you on an “as is, as available” basis. Notwithstanding any other provision of these Terms, nothing in these Terms shall be construed in a way that the App or any App Content constitutes or should be regarded as an offer or solicitation on the part of VivaCell-MTS to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the applicable law does not permit the purchase of, subscription for or other use of such products or services.
6.4 Your access to and/or use of the App and the App Content shall be solely at your own risk. You are responsible for evaluating the accuracy, completeness and/or usefulness of any information received through the App.
6.5 Without prejudice to the provisions stipulated herein and in the General Terms and Conditions, VivaCell-MTS excludes any representation, warranty, guarantee, endorsement or undertaking of any kind:

6.5.1 in relation to any failure, refusal, delay, error or other act or omission by or on behalf of any third party (including any content provider), and any activity carried out on or via the App or any Third Party Platform (including whether or not such activity is inaccurate, inadequate, incomplete, ambiguous or inconsistent);
6.5.2 as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality or availability of the App (or any aspect thereof);
6.5.3 as to the inter-operability of the App (or any aspect thereof) with any other system, infrastructure, interface, product, service, network or otherwise to any extent;
6.5.4 as to whether the App (or any aspect thereof) will be uninterrupted, timely, free from defects, delays, errors, faults, mistakes or inaccuracies.
6.6 You acknowledge and agree that your access to and use of the App (or any aspect thereof) and the quality of such access and use, shall, in addition to the conditions stipulated herein, be subject to the following general conditions being met:

6.6.1 the model and specifications of the mobile handset or device on which the App (or the relevant aspect thereof) is accessed and/or used;
6.6.2 the availability and connectivity of a suitable network, infrastructure and/or platform at the time of such access and use, and the quality thereof; and
6.6.3 the geographic and technical capability of the mobile networks and delivery systems (including Internet connection), and the quality thereof (including the amount of bandwidth), at the time and location of such access and use.
6.7 You acknowledge and agree that VivaCell-MTS has entered and/or may enter into agreements and arrangements with, and is and/or may be subject to certain obligations to App Markets (“App Market Providers”) or their operators in connection with the distribution of the App as a mobile VivaCell-MTS accepts no, and shall not bear any, liability or responsibility for any Loss arising from or in connection with any act or omission of any App Market Provider.

7.      Intellectual Property Rights

7.1 All Intellectual Property Rights relating to or in connection with the App and entire App Content, including but not limited to information, communications, software programs, texts, graphics, links and sounds belong to VivaCell-MTS,  “Shant” TV Company, content providers and/or third-party licencors.

7.2 You shall not, and shall not assist, cause, permit or authorize any person to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicense, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems or other technology that operates or supports, or create any derivative works based on, the App and/or any App Content (including its user interfaces), in any form or by any means. For the purposes of these Terms, “reverse engineer” includes the examination or analyses of the App and/or any App Content to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of any App Content.

8. The Applicable Legislation and Dispute Resolution Procedure

8.1. The legal relations arisen between VivaCell-MTS and you within the scope of the present Terms shall be governed by the current legislative regulations of the Republic of Armenia.

8.2. The disputes and disagreements between VivaCell-MTS and you within the scope of the present Terms shall be resolved in accordance with the judicial procedure established by the legislation of the Republic of Armenia.

Privacy Policy

By registering on MTS Armenia CJSC (hereinafter referred to as the “Operator”) websites and/or any of MTS Armenia CJSC mobile applications and/or taking any specific action, which implies registering and submitting personal data, physical entities/subscribers (hereinafter referred to as “Subscriber”) give their consent to processing of personal data under the terms of this privacy policy (hereinafter referred to as the “Policy”).

Operator may change this Policy from time to time.

The Subscriber shall review this Policy periodically

A) In terms and purposes defined by this Policy, the Operator collects personal data of physical entities which allow or may allow to identify directly or indirectly the personality thereof, including:

• name, surname;
• passport data;
• date of birth;
• contact information (address, email address, phone number etc.).

B) Operator may process (including: collection/fixation/input or systematization/organization or preserving, use, change/correction, recovery, transfer, blocking or destruction or other actions) the personal data to:

Provide its services to Subscribers;

Provide with information, including: events, press releases, tips and helpful information and marketing communications about its products and services.

Contact and interact with the Subscribers, including: to respond to their requests provide important notices and updates, such as changes to its terms and policies and security alerts etc.

Operate business, including to:

• respond to Subscribers reports of a possible side effect associated with one of products and/or services and to monitor the safety of our services;
• comply with applicable laws, regulations and guidance;
• comply with demands or requests made by regulators, government, courts and law enforcement authorities; and
• investigate and take action against illegal or harmful behavior.
  1. Improve day-to-day operations, including:
  • for as long as needed to provide Subscribers with possibility to use the services they have requested;
  • where subscriber has contacted the Operator with a question or request, for as long as necessary to allow the Operator to respond Subscriber’s question or request;
  • During the period of retention of the documents (archiving period) which contain personal data of Subscriber;
  • For any other period specified by the RA legislation in force.
  • get acquainted with the personal data Operator holds about him/her;
  • request the correction and/or deletion of his/her personal data;
  • request the restriction of the processing of his/her personal data, or object to that processing;
  • withdraw the consent to the processing of his/her personal data (where the Operator is processing Subscriber’s personal data based on his/her consent);
  • complain to local data protection authority if his/her privacy rights are violated, or if he/she have suffered as a result of unlawful processing of personal data.
• for internal purposes such as auditing, data analysis and research to help deliver and improve the services;
• to monitor and analyze trends, usage and activities in connection with the products/ services;
• to improve the products/services and communications to Subscribers; and
• to ensure the availability of up-to-date contact information for Subscribers.

At times, Operator may need to get the Subscriber’s consent to allow the Operator to use his/her personal data for specific purposes.

C) Terms of processing of personal data

Operator will always process the aforementioned personal data in full accordance with the requirements set forth by the applicable legislation.

Operator preserves personal data:

D) Transfer of personal data

The personal data of Subscribers may be transferred by Operator to third parties (including outside Armenia) and proceed by them according to the procedures and in cases defined by the RA legislation in force.

E) Personal data protection and Security

Operator uses a variety of security measures and technologies, in accordance with the ISO 27001 international standard to protect the personal data of Subscribers from unauthorized access, use, disclosure, alteration or destruction in line with applicable data protection and privacy laws.

When Subscriber submits sensitive information via website and/or any of MTS Armenia CJSC mobile applications, it is protected both online and offline.

The personal data of Subscribers is restricted to the Operator’s offices. Only employees who need this information to perform a specific job are, granted access to personal data. The Operator’s employees lock their computers when they leave their desk. When they return, they must enter their password to re-gain access to information. Furthermore, all employees are kept up-to-date on the Operator’s security and privacy practices.

It is important for Subscribers to protect their password and computer, phone or other devices against unauthorized access and make sure that they have logged out or signed off when they finish using a shared computer.

Operator is not responsible for unauthorized access to the Subscriber’s account and personal data that may result from viruses or other threats on the Subscriber’s computer.

The transmission of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at Subscriber’s own risk.

F) Subscriber’s rights regarding personal data

In terms and purposes of this Policy, the Subscriber may be entitled to:

G) The withdrawal of the Subscriber's consent

Where the Subscriber is given the option to share its personal data with Operator, he/she can always choose not to do so. 

If the Subscriber objects to the processing of personal data, or if he/she has provided his/her consent to processing and later choose to withdraw or ask Operator to delete it, Operator will respect that choice and act accordingly. This could mean that Operator may not be able to perform the actions necessary to achieve the purposes as set out above or that Subscribers are unable to make use of the services provided by Operator.

H) Cookies

Operator uses cookies to improve the experience for visitors to its websites, including websites that can be accessed through its mobile applications.   

If the Subscribers do not want to receive cookies while browsing the websites/mobile applications, they can modify their browser and/or mobile device settings so that to restrict or block cookies.

Cookies are tiny files, composed of a string of letters and numbers, placed on the Subscriber’s devise by web page servers. They enable the website or mobile application owner to distinguish the Subscriber from other users of the website. Cookies cannot be executed as code or used to deliver viruses and they cannot enable Operator to access the Subscriber’s hard drive. Operator cannot read any information on the Subscriber’s hard drive even if Operator stores cookies there.  

The data generated through cookies on Operator’s websites or mobile applications can be used for various purposes including the following:

Strictly necessary

These cookies are essential in order to enable the Subscriber to move around the website or mobile application and use its features, such as accessing secure areas of the website or mobile application and saving items to a shopping basket.

Performance

These cookies collect information about how visitors use a website or mobile application, for instance which pages visitors go to most often and if they receive error messages. They are used to improve how a website or mobile application works in future versions.

Functionality

These cookies allow the website or mobile application to remember choices the Subscriber makes such as user name, language or region Subscribers are in and provide a more enhanced personal experience.   

Targeting or advertising

These cookies are used to deliver content more relevant to the Subscribers and their interests.

Operator does not permit any third parties to advertise on its website or mobile application, but the Operator cannot control advertisers that are allowed by internet service providers to advertise whilst the Subscribers are browsing on the internet.

The Operator’s websites or application may not function correctly if Subscribers disable cookies.

I) Contacts

If the Subscribers have questions or requests regarding this Policy, or if they would like to exercise their rights, they can get in touch with the Operator using the contact information below:

VivaCell-MTS (MTS Armenia CJSC)

Address: 4/1 Argishti Str., Yerevan 0015, RA

Phone: +374 60 771 111

Fax: +374 93 29 80 21

Hotline support: 111, +374 93 29 71 11

E-mail (general inquiries): info@mts.am 

E-mail (hotline support): 111@mts.am