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General Terms and Conditions on Provision of Interactive Services and Content

General Terms and Conditions on Provision of Interactive Services and Content

General Terms of Provisioning Mobile Electronic Communication Services

1. Definitions

“Operator” or “VivaCell-MTS” - “MTS Armenia” Closed Joint Stock Company, a company duly established and licensed to provide telecommunication services in the Republic of Armenia.

“Value-Added Services Provider” or “VASP” - the person specified on the Operator’s Website as the provider of the Service. The Operator shall be deemed to be the VASP only in case no other person is specified by the Operator as the VASP for a specific Service.

“Subscriber” - any prepaid or postpaid subscriber to the mobile telecommunication services provided by the Operator.

“Service” - a service, product or content provided by the VASP based on the Subscriber Request. The Subscriber’s access to the Services is made possible by use of the Operator’s services and facilities. The list of Services available for the Subscriber is posted on the Operator’s Website.

“Service Fee” - the fee charged from the Subscriber for access to the Services provided by the VASP, which is published on the Operator’s Website and may be periodically revised. The Service Fee includes the amount payable to the VASP for the Services and the remuneration of the Operator for providing access to the Services.

“Subscriber Request” - any request, including any message, code, command, call or signal, received by the Operator from Subscriber’s number via SMS, IVR, USSD, or other means generally used for making requests for the Services, as described on the Operator’s Website and/or the VASP’s Website. For provision of access to the Services for the Subscribers, Operator may use special numbers or codes.

“IVR” - Interactive Voice Response system.

“SMS” - Short Messaging System as well as messages sent via the Short Messaging System.

“USSD” - Unstructured Supplementary Service Data.

“Operator’s Website” - the website posted at the www.vivacell.am web-address.

“VASP’s Website” - the website of the VASP mentioned on the Operator’s Website.

“Party” - the Operator, the VASP or the Subscriber.

2. General Terms and Conditions

2.1. This document (the “General Terms and Conditions On Provision of Interactive Services and Content” or “General Terms and Conditions”)is a public offer made by the Operator, which defines the general terms and conditions of providing access to the Services for the Subscriber.

2.2. The “General Terms and Conditions” shall be deemed accepted by the Subscriber once he/she makes a request for any Service.

2.3. The Operator assures that each VASP listed on the Operator’s Website has been familiarized with and has undertaken to abide by the requirements of the “General Terms and Conditions”.

2.4. Notwithstanding other provisions of these “General Terms and Conditions”, if the Operator is the VASP for a specific Service, then, in connection with the provision of that particular Service, the Operator shall abide by all requirements set forth for the VASP.

2.5. The terms and conditions generally applicable to the mobile telephone services provided by the Operator according to the respective subscription agreement, and not contradicting the “General Terms and Conditions”, shall apply also to the Services.

3. Specific Terms and Conditions

3.1. Prior to launching a Service, the VASP shall make public the “Specific Terms and Conditions”, which shall be considered as a public offer for provision of that Service. The “Specific Terms and Conditions” may be published in the form of rules or instructions and may not be titled as “Specific Terms and Conditions”. Any amendment to the “Specific Terms and Conditions” shall be made in a form the initial “Specific Terms and Conditions” were published.

3.2. The “Specific Terms and Conditions” applicable to a particular Service shall be deemed understood and accepted by the Subscriber, once he/she makes a request for that Service.

3.3. The “Specific Terms and Conditions” together with the “General Terms and Conditions” accepted by the Subscriber shall constitute a binding agreement regulating the relations between the Operator, the VASP and the Subscriber, and, if applicable, third parties.

3.4. It is realized by all Parties that the numbers or codes used for accessing the Services, the Services assigned to any numbers or codes, as well as the “Specific Terms and Conditions” applicable to each Service may be changed from time to time without advance notice. Such changes are only required to be posted on the Operator’s Website and/or the VASP’s Website. Further, it is understood that the “Specific Terms and Conditions” may not be reflected in full detail in advertising and promotional materials. Therefore, the Subscribers shall undertake to familiarize themselves with the “Specific Terms and Conditions” before using any Service.

4. Services

4.1. The Operator shall be deemed acting as the agent of the Subscriber when relaying the Subscriber Requests to the VASP or the VASP’s responses to the Subscriber, or making payments to the VASP for the Services requested by and/or provided to the Subscriber.

4.2. Subscribers shall use the Services at their own risk and responsibility. The Operator does not guarantee suitability of any Service for any specific purpose. Unless specified otherwise, the Services shall not be intended for commercial use.

4.3. The Services shall be accessible within the Operator’s network coverage. Accessibility of the Services greatly depends on the technical capacity of the Operator and the VASP, as well as other factors out of their control.

4.4. Shall the Subscriber experience any problem with using the Services, such problems shall be reported directly to the VASP, and if not possible, to the Operator, within 24 hours. No claims shall be accepted thereafter.

5. Rights and Obligations of the Parties

5.1. The Operator shall have the right to prohibit access to any or all of the Services or make amendments to the “General Terms and Conditions” by posting them on its website with immediate effect.

5.2. The Operator shall be obliged to:

5.2.1. Provide connectivity services necessary for the provision of the Services;
5.2.2. Keep records about the Services requested by and/or provided to the Subscriber for a period of 2 (two) months and charge the Subscriber in accordance with those records.

5.3. The VASP shall be obliged to:

5.3.1. Provide the Services in accordance with the “General Terms and Conditions” and the “Specific Terms and Conditions”;
5.3.2. Update the “Specific Terms and Conditions” and any other relevant information on its website prior to applying any changes;
5.3.3. Provide customer support services to the Subscriber.

5.4. The Subscriber shall be obliged to:

5.4.1. Familiarize himself/herself with the existing “General Terms and Conditions” and the “Specific Terms and Conditions” applicable to the Services prior to requesting them;
5.4.2. Abide by the requirements of the “General Terms and Conditions” and the “Specific Terms and Conditions”;
5.4.3. Make timely payments in accordance with the “General Terms and Conditions” and the “Specific Terms and Conditions”;
5.4.4. Use a suitable mobile handset (or other terminal device) for requesting and using the Services;
5.4.5. Refrain from using the Services for any illegal purpose or in a manner that may cause disturbance to or infringement of rights of any person;
5.4.6. Refrain from reselling the Service or re-distributing any content received from the VASP, unless expressly allowed to do so.

6. Payment for Services

6.1. For each request for Services received by the Operator, the Subscriber shall be charged a Service Fee.

6.2. The Subscriber agrees and accepts that the Service Fee will be charged by and paid to the Operator.

6.3. In case of a prepaid subscription, the Service Fee will be deducted from Subscriber’s account balance. In case of a postpaid subscription, the Service Fee will be reflected in the Subscriber’s monthly invoice.

6.4. The Operator shall not check the validity of the Subscriber Requests and shall forward them to the VASP. Unless specified otherwise, in case the Subscriber Request does not comply with the VASP’s requirements or the Subscriber’s mobile handset is not suitable for using the requested Service, the Service Fee shall, nevertheless, be charged from the Subscriber’s account as if the Services were duly requested and provided. The VASP shall notify the Subscriber that the request was invalid.

6.5. The Subscriber may be entitled to a refund only in case the requested Service was inaccessible or unavailable due to a fault on the side of the Operator or the VASP.

6.6. Parties agree that the Service Fee includes the amount payable to the VASP for the Services and the remuneration of the Operator for providing access to the Services. Remuneration amounts of each party shall be mutually agreed between them.

6.7. Notwithstanding other terms of the “General Terms and Conditions”, the Operator may charge amounts from the VASP for the provision of telecommunication services to the Subscribers requested by the VASP.

7. Support

7.1. The support for the Services shall normally be provided by the VASP. The Operator may be unable to address the Subscriber’s questions related to the Services.

8. Limitation of Liability

8.1. Unless the Operator is the VASP and to the extent the accessibility, availability and quality of the Services were not affected by any action (or lack of action) of the Operator, the Operator shall bear no responsibility for the Services and the VASP shall be solely responsible for the content and the quality of the Services.

8.2. It is the responsibility of the VASP to make sure that the Services are not prohibited by the law or infringing upon public values, common ethical norms, intellectual property rights or any other right of any person or entity.

8.3. No provision of the “General Terms and Conditions” or action (or lack of action) of the Operator shall be considered as the Operator’s express or implied approval of any action (or lack of action) of the VASP, endorsement of the content of the Services or assurance of their quality.

8.4. Under no circumstances shall the Operator and the VASP bear liability for any direct, indirect incidental or consequential damage or loss (including loss of business, loss of opportunity or alike) resulting from unsuitability, inaccessibility, unavailability or termination of any Service, other than to refund to the Subscriber the amount charged for Services that were unavailable or unusable due to the Operator’s or the VASP’s fault.

8.5. The liability of the Operator and the VASP to the Subscriber in any case may not exceed the amount of the particular Service Fee charged from the Subscriber’s account.

9. Applicable Law and Dispute Resolution

9.1. The relations between the Parties in connection with the Services shall be regulated by the law of the Republic of Armenia.

9.2. The Parties shall endeavor to resolve any dispute through negotiations and consultations, and if not amicably resolved, the disputes shall be subject to the jurisdiction of the competent courts of the Republic of Armenia.

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