Terms and Conditions for the Provision of Services on Uplay TV and Media Platform

Terms and Conditions for the Provision of Services

on Uplay TV and Media Platform

1. General Provisions

1.1. This document regulates the procedure and conditions (hereinafter referred to as the “Terms”) for the provision of services (hereinafter referred to as the “Services”) on Uplay Platform by “UCOM” Closed Joint-Stock Company (hereinafter referred to as “Ucom”).

1.2. By selecting “I agree,” you unconditionally agree to the Terms. Data related to the application submitted electronically shall be considered fully equivalent to a handwritten signature and shall serve to identify the person signing electronically, expressing his/her will.

1.3. Legal relations arising under these Terms are also regulated by Ucom`s “General Terms and Conditions for Provision of Electronic Communication and Other Related Services”

1.4. In the event of any conflict between the Terms and the “General Terms and Conditions for Provision of Electronic Communication and Other Related Services”, the provisions of the Terms shall apply.

2. Definitions

2.1. Ucom: the provider of services of retransmission or delivery of audiovisual programs and materials on Uplay TV and Media Platform.

2.2. Services: the services of the retransmission or delivery of audiovisual programs and materials on Uplay Platform.

2.3. User or You: an individual or legal entity that has subscribed to the Services and paid for them in accordance with the established procedure.

2.4. Content: audiovisual programs, movies, or materials retransmitted/displayed on Uplay TV and Media Platform.

3. Provision of services

3.1. Ucom provides services of retransmitting or delivering audiovisual programs and materials on Uplay TV and Media Platform.

3.2. The Services are provided on an “as available” and/or “as is” basis.
3.3. The procedure and conditions for the provision of the services shall be established by Ucom. They can be amended unilaterally, information on which shall be published on the official website of Ucom, and/or a notification message shall be sent thereof. Such changes shall come into force 3 days after publication on Ucom`s website.

3.4. After your first subscription to the Services, you are given a 7-day trial period during which you can test the Service (hereinafter referred to as the Trial Period). During the Trial Period, the Service is provided free of charge. If you wish to continue using the Service after the end of the Trial Period, you shall have to pay the cost of the Service.

3.5. A stable internet connection speed of at least 10 Mbps is required for full access.

3.6. The Services are available with devices with the following parameters:

3.6.1. If the device runs on the iOS operating system, it must be compatible with the following parameters:

• For tablets - iOS 11 or higher version,

• For smartphones - iOS 11 or higher version,

3.6.2. If the device runs on the Android operating system, it must meet the requirements of the Android Compatibility Definition Document:

• For tablets - Android 9.0 Pie (API Level 28) or higher version,

• For smartphones with Android 9.0 Pie (API Level 28) or higher version,

3.6.3. Any Smart TV or Android TV 9.0 and higher.

3.7. For any questions, problems and/or clarifications, you can contact Ucom Customer Service Center by calling 444 short number from your Ucom phone number and 011 444 444 from any other phone number.

4. Subscription to the Services

4.1. To subscribe to the Services, you must register online on Uplay TV and Media Platform, filling in the following information: phone number (required), first and last name (required), gender (optional).

4.2. One phone number allows you to create one User account.

4.3. You can subscribe to the Services using devices running iOS and Android operating systems.

4.4. After filling in the data, you will be sent a notification indicating your username and password. You cannot change the provided username and password on your own initiative. The username and password are periodically updated, which you will be additionally notified of.

4.5. You hereby confirm and agree that notifications from Ucom will be sent to the phone number specified by you.

4.6. Notifications sent by Ucom shall be considered proper if they are sent to the phone number specified by you. In the event your phone number changes, you shall be obliged to notify Ucom of this no later than within 5 (five) business days from the date of such a change.

4.7. If you have not notified Ucom of a change in your phone number in the manner specified in this clause, you shall bear all adverse consequences of failure to receive a notice in connection with its change.

5. Cost of Services and Terms of Payment

5.1. To make a payment, you must attach a bank card. If you have selected the automatic renewal option for the Subscription, at the end of the Trial Period and/or each month, the Service cost due for the given month will be automatically debited from the attached bank card.

5.2. The Service is provided for a period of 1 month from the date of activation, after which, upon payment of the cost of the Service, it remains active. To have the opportunity to continuously use the Service, you shall have to pay the cost of the Service before it is suspended.

5.3. You shall have the right to deactivate the automatic renewal option for the Subscription in the "Settings" section of your account.

5.4. In case there are insufficient funds on your bank card at the time of automatic renewal, an attempt at automatic debiting will be repeated within 3 days from the date of the first attempt.

5.5. You hereby agree that if on the last day of the Subscription period there are insufficient funds on your bank card to pay for the next Subscription period, Ucom shall have the right to suspend automatic renewal of the Subscription from the day following the last day of the Subscription period.

5.6. In case of making payments by bank card, the relationship between you and the bank is regulated within the framework of the documents signed between you and the bank. Ucom does not accept payments from Users on its own, and in case of questions related to payment for Services, the User must contact the relevant bank. Payments by bank cards are made using the 3D SECURE security system, which makes online transactions made by bank clients using payment cards more secure. Each online payment is confirmed by entering a one-time password, which is sent to the bank client's mobile phone number in the form of an SMS message. Entering the received password allows you to complete the online transaction.

5.7. Ucom shall not be liable to the User for failure to receive funds to Ucom bank account for reasons beyond the control of Ucom, including, but not limited to, software or hardware failures of banks, other payment organizations, telecom operators and other payment intermediaries that ensure the acceptance of your payments and their transfer to Ucom.

5.8. You acknowledge and accept that Ucom shall not be obliged to provide the Services until the payment is received at Ucom's bank account.

5.9. The cost of the Service corresponds to the current cost of the tariff plan to which you are subscribed.

5.10. Payment for the Services shall be made at the current cost of the Service for the relevant period at the time of payment, based on the information posted in the Service or otherwise submitted to you.

5.11. By selecting "Pay", you unconditionally agree to the cost of the Service.

5.12. The cost of the Service includes the content provided/available within the subscribed package.

6. Rights and Obligations of the Parties

6.1. The User shall have the right to:

• Demand from Ucom a proper provision of the Services.

• In case of any questions or problems related to the provision of the Service, contact Ucom in the following ways:

- Call the following phone numbers: “Ucom” CJSC Customer Service Center 444 short number from your Ucom phone number, and 011 444 444 from any other phone number.

- Contact any Ucom sales and service center,

- Submit an online application to the following e-mail address: info@ucom.am.

- Before acceptance, contact Ucom to clarify any inaccuracies in the ways provided for in this clause.

6.2. The User shall be obliged to:

• Use the Services for personal, non-commercial purposes.

• Read the Terms, any changes made to them and get acquainted with their content. The User’s continued use of the Services after the amendments and/or additions to the Terms come into force means the User’s unconditional consent to such amendments and/or additions. The User’s unawareness of the current provisions of the Terms does not exempt him/her from the obligations stipulated by the Terms, as well as from liability arising from their non-fulfillment and/or improper fulfillment.

• The User agrees to receive informational and advertising messages, including through the Uplay Platform interface, as well as through the telephone number provided.

• The User undertakes to provide only accurate, complete, and reliable data when registering on Uplay TV and Media Platform and is responsible for filling in false or incorrect data.

6.3. Ucom shall have the right to:

• The User is hereby notified that the list of content units available to the User on Uplay TV and Media Platform changes daily depending on the conditions and requirements of the content rights holders. Ucom shall have the right to change the list of content, other information placed on Uplay Platform, as well as the operating parameters of the Service without special notice to the User.

• Provide special offers for users of the Services, more detailed information on which will be provided additionally.

• Set age restrictions for Users when accessing Uplay Platform. Legal guardians of minors must ensure that access to age-restricted content is provided only to persons of the appropriate age. Users may be notified of age restrictions by an informative sign on the content pages and/or through information messages displayed before viewing and/or listening to Content and/or otherwise accessing the Content.

6.4. Ucom shall be obliged to:

• provide the Services to the User in the manner and on the terms established by the Terms and the tariff package,

• In the event of an increase in the cost of the Service, notify the User 30 days before the changes come into force.

7. Liability

7.1. You shall bear responsibility for the risk of disclosing the username and password provided to you by Ucom to third parties or their disclosure in any other way, and you cannot make any claims against Ucom in connection with the above.

7.2. Ucom, as a retransmitter or provider of audiovisual programs and materials, shall not bear responsibility for their content, changes or termination, changes in the settings of audiovisual programs, as well as for changes in the composition of the TV channels or materials included.

7.3. As part of the provision of services, Ucom shall not bear responsibility for the quality of Internet connection or its interruptions.

7.4. Ucom shall not bear responsibility for the content, accuracy, and reliability of advertising information placed on Uplay TV and Media Platform, as well as for the quality of the advertised products/services/processes.

8. Availability

Uplay TV and Media Platform is available 24/7. However, in the event of force majeure, network failure, poor connection, overload, or unavailability, access to all or part of Uplay TV and Media Platform may slow down, be limited, or interrupted. In addition, Ucom may undertake troubleshooting or preventive maintenance measures. Therefore, Ucom does not guarantee the availability of Uplay Platform or uninterrupted access if its absence is caused by a situation that Ucom could not foresee, prevent, or avoid.

9. Intellectual Property and Copyright

9.1. Uplay TV and Media Platform and its content (source code, texts, images, photographs, graphics, data, information, structure, software, and databases, as well as Ucom name, Ucom logo, as well as the names and logos of Ucom products and/or services) are the exclusive property of Ucom, unless otherwise provided in the Terms. Other products, services, or names mentioned on Uplay Platform may be trademarks or trade names of their respective owners, right holders.

9.2. Under no circumstances may the use of Uplay TV and Media Platform be construed as a transfer, licensing, granting, or authorization of the right to use the materials on Uplay TV and Media Platform. Therefore, any reproduction, representation, export, modification, distribution, or exploitation of Uplay TV and Media Platform or any of its components, in whole or in part, is strictly prohibited without the prior permission from Ucom.

9.3. The names “Ucom”, “Uplay”, the logos of Ucom, Uplay, as well as the names and logos of Ucom and Uplay products or services used on Uplay TV and Media Platform are trademarks of Ucom. Other products, services, or names mentioned on Uplay Platform may be trademarks or trade names of their respective owners. Your access to Uplay TV and Media Platform shall not be construed as granting a license to use any marks contained on Uplay TV and Media Platform, either by default or otherwise, without the prior written consent of Ucom or the relevant rights holder. Any content available through Uplay TV and Media Platform is provided by Ucom, content providers, or third parties, and the copyright in it belongs to Ucom, its affiliates, content providers, or third parties and is protected by applicable copyright laws and international treaties. All rights are reserved. Reproduction, modification, transmission, distribution, or storage of all or part of the content contained on Uplay TV and Media Platform in any form or by any means without the prior written consent from Ucom is prohibited.

10. Dispute Resolution

10.1. To resolve disputes and disagreements arising in connection with these Terms, Ucom and the User agree to arbitrate that all disputes arising within the framework of these Terms, except for those under the jurisdiction of courts of general jurisdiction, a notary chamber or notaries, shall be transferred to the "Permanent Arbitration Institution under the Chamber of Commerce and Industry of the Republic of Armenia" in accordance with the Law "On Commercial Arbitration", as well as the Charter and Regulations of the Arbitration Institution (effective at the moment of conclusion of the arbitration clause or agreement).

10.2. Ucom and the User agree that all communications and/or notifications in the arbitration process shall be carried out, and the composition of the arbitrators shall be formed in accordance with the regulations of the Arbitration Institution.

10.3. The language of the arbitration shall be Armenian, and the place of arbitration shall be the city of Yerevan. Ucom and the User agree that disputes shall be considered exclusively in writing, on the basis of submitted documents and other materials, unless otherwise established by the decision of the arbitration tribunal.

10.4. Disputes shall be resolved by the Arbitration Institution in accordance with the substantive law of the Republic of Armenia.