USER AGREEMENT
for the use of the mobi Kino service
This User Agreement for the use of the mobi Kino service (Agreement) is a public offer - an invitation to Kcell JSC subscribers - individuals and business customers - to enter into the Agreement on the terms and conditions specified herein. The above offer may only be accepted by acceding to the Agreement as a whole.
The Agreement governs the terms and conditions of use of the mobi Kino service and defines the basic rights and obligations of the parties hereto.
1. TERMS AND DEFINITIONS USED IN THIS AGREEMENT
Authentication - User identification when providing access to the Service.
Administrator - Lifestream Kazakhstan LLP, a legal entity established and incorporated under the laws of the Republic of Kazakhstan (BIN 220340009504), who is the owner of the Platform, the provider of access to and administrator of the Service.
Video Content - a set of audiovisual work (films), as well as information materials for films, containing a brief textual and/or audiovisual description of the film plot (including trailers, posters, frames).
Personal account - an analytical accounting register maintained in the Partner's billing system designed to record the amount of services rendered, funds received from and spent by the Subscriber in accordance with the Agreement in payment of the Partner’s Services.
TV channel package - a set of TV programmes (TV shows) and (or) other audiovisual, audio messages and materials grouped for billing purposes.
Partner - Kcell JSC, a legal entity established and incorporated under the laws of the Republic of Kazakhstan (BIN: 980540002879), who provides the telecommunication services to its subscribers under the Kcell and activ trademark.
Partner Service - a service consisting of providing access to the Service by the Administrator jointly with the Partner to the Partner's subscribers with the features set out in the Agreement.
Platform - a set of hardware-software means and technological solutions utilized by the Administrator to providing the Service to Users.
Subscription – providing a User with an opportunity to access the TV channels Package and/or Video content as part of the Service for a limited period based on a certain Tariff at the User's request, which allows to reliably establish the User's intention to access the relevant TV channels Package and/or Video content.
User - a subscriber of the Partner who has entered into the Agreement. An Account must be created for each User within the Service.
User device - a mobile multimedia device owned or otherwise legally possessed by the User that meets the technical requirements specified in the Agreement and is used by the User to access the Service.
Right holder – an individual or a legal entity that has an exclusive right to the result of intellectual activity or a means of identification placed in the Service.
Application - software interacting with the Platform, installed on the User devices, and designed to enable access to the Service.
Permitted Territory - territory within which the User is entitled to use the Service. For the purposes of the Agreement, the Permitted Territory shall mean the territory of the Republic of Kazakhstan.
Permitted Term - a period of time during which the User may use the Service to access the TV Channel Package and/or Video Content. For the purposes of the Agreement, Permitted Term shall mean a period of time equal to the validity period of a valid Subscription.
Registration is the process by which the User provides the necessary information to create a User account and log in to the account for future use of the Service.
Website – is a website located at https://mobikino.kz/ where the Agreement and information about the Service are published and through which access to the Service is provided.
Service provides the User with access to a TV Channels Package and/or Video Content, allowing them to view it in accordance with the terms and conditions of the Agreement, whether in the Application or online on the Website.
Tariff - the cost of access to the TV channels Package and/or Video content charged to the User of the Service.
User account - a record containing information required for user authentication to access the Service. User account includes the name used by the User to access the Service (login) and password (or other similar means of authentication).
Mobile communication services - mobile communication services provided by the Partner.
2. SCOPE AND GENERAL TERMS
2.1 The Administrator grants Users access to the Service provided that they comply with the provisions of the Agreement.
2.2 As part of the Service, the User is granted the right to access the TV channels Package and/or Video content (if available) with the possibility to view them individually. The Service provides the option to view available materials individually in interactive mode for personal non-commercial purposes during the Permitted Term and in the Permitted Territory.
2.3 The User must familiarize themselves with the terms and conditions of the Agreement and independently monitor any changes thereto. By continuing to use the Service after any changes or amendments to the Agreement come into force, the User deems to have consented to the updated terms and conditions. The User's lack of knowledge of the current terms and conditions of the Agreement does not exempt them from their obligations under the Agreement. The User is responsible for fulfilling their obligations as outlined in the Agreement and will be held accountable for any failure to do so.
2.4. The procedure of concluding the Agreement is governed by the rules of the Civil Code of the Republic of Kazakhstan. According to the rules, if a User checks a box to confirm their agreement with the terms of the Agreement and/or clicks the "Next" button in the interface (interactive menu) of the Application or on the Website when they access the Service for the first time, as well as any use of the Service by the User is considered to be their acceptance of the Agreement, which means that the User fully, irrevocably and unconditionally accedes to the Agreement in its entirety without any exceptions or limitations, confirms that he/she has read and agrees to all the terms, conditions, provisions set forth in the Agreement and agrees to all the rights, obligations and limitations imposed on them.
2.5. Acceptance of the terms and conditions of the Agreement as specified in clause 2.4 is equivalent to concluding the Agreement in writing in accordance with the Civil Code of the Republic of Kazakhstan.
2.6. Once the Agreement has been concluded as specified in clause 2.4, the User may not plead ignorance of the terms and conditions of the Agreement or deny their binding nature.
2.7. The Agreement uses the time of Astana city (the time zone in which the capital of the Republic of Kazakhstan is located).
2.8. The User can access the Service if their device has the necessary software to access the Internet, an active Internet connection, and meets the technical requirements outlined in Section 4 of the Agreement.
2.9. By entering into the Agreement, the User agrees to provide the Administrator with a subscriber number for Registration/Authentication in the Service, communication with the Administrator's representatives, and receipt of information, including advertising materials from the Administrator in any manner not prohibited by the current legislation of the Republic of Kazakhstan. This may include push notifications in the Application interface, SMS messages to the User's subscriber number, messages on social media, or otherwise.
2.10. The User has the right to refuse to receive the above information from the Administrator. This can be done by disabling push notifications in the subscriber device settings or by blocking messages in the messenger application settings.
3. REGISTRATION
3.1. To gain authorized access to the Service, the User must complete the Registration procedure by filling out the User account registration form. This form is available to the User in the corresponding section of the Website interface, as well as the Application.
The User must have an active mobile phone with cellular communication services connected to the Partner's network and access to the Internet (with a SIM card installed), which allows for receiving SMS messages. Additionally, the User must have a device that meets the requirements specified in Section 4 of the Agreement.
3.2. Only one user account may be created per subscriber number used by the User for mobile communication services. The User can access the Service from any device of their choice.
3.3. During registration, the User must follow the instructions provided in the Registration form.
3.4. Registration is considered complete once the Administrator receives a properly completed User account registration form. The Administrator is not responsible for a failure to receive a properly completed Registration form sent by the User.
3.5. Upon Registration, the User will receive an SMS message from the Partner containing the password required for Authentication and access to the Service.
3.6. The registered User can access the Service by logging in to the Application or Website using their Authentication credentials (depending on the User device used).
3.7. During the Registration process, the User must provide complete and accurate information. It is the User's responsibility to keep the information in their User account up to date throughout the terms of the Agreement. The User will be held responsible for any negative consequences resulting from providing incomplete or inaccurate information.
3.8. The User is fully responsible for all actions performed using his/her User account and is also responsible to ensure security and proper use of login, password (provided by the Partner for Authentication), subscriber number (used within the framework of mobile communication services). The User undertakes to immediately notify the Administrator of any cases of unauthorized use of their User account by third parties.
3.9. If the User transfers the User Device and/or User account information (login, password) to a third party, the User is directly responsible for such actions. For any damage caused to the User as a result of unauthorized access to the Service using the User's Account or User device (including, but not limited to, in case of theft of the User device), which occurred through no fault of the Administrator, the latter shall not be liable.
3.10 In case the User loses the information contained in the User account, the User can restore it (subject to the User’s ability to confirm that he/she is the owner of the account) by contacting the Partner's support service at the phone number specified in clause 5.12 of the Agreement.
3.11. The Administrator is not responsible for delays, failures, incorrect or untimely delivery of the User Account registration form, SMS messages and other technical problems that are outside the Administrator's area of responsibility, as well as those caused by force majeure circumstances.
4. TECHNICAL REQUIREMENTS
4.1 The Service can be provided to the User if technically feasible and if the User's device meets the technical requirements set out in the Agreement and specified on the Website.
4.2 Access to the Service is provided to the User only through the User device. The list of User devices interacting with the Administrator's Platform for the purposes of access to the Service, as well as the requirements for them are contained on the Website in the "Supported Devices" section and/or in the Service rules. As necessary, the Administrator may make changes and/or additions to the above list and requirements.
4.3. The Service may be unavailable or have limited functionality if the User uses devices that do not meet the technical requirements set by the Administrator.
4.4. The quality of the TV Channel Package or Video Content depends on the internet speed. The Service may be available on condition of stable and uninterrupted connection of the User's device to the Internet with data speed of no less than 1.5 Mbit/sec for downloading files in SD format (for original quality not less than 5 Mbit/sec) and not less than 5 Mbit/sec for downloading files in HD format (for original quality not less than 15 Mbit/sec), as well as not less than 1 Mbit/sec for sending files. The response time of the Internet connection should be no more than 300 ms (PING, ms). The User has the right to use services to organize access to the Internet only through the Partner. The Administrator is not responsible for the quality of the Internet connection between the User's device and the Platform.
4.5. To access the Service, the User's device must have the Application installed (except for cases of access via personal computers via the Website), as well as the software necessary and sufficient for viewing the TV Channels Package and Video Content. The Application may be pre-installed in the User device by the manufacturer, the seller of the User device or any other person authorized by the Right holder, or installed by the User using the information provided on the Website.
4.6. The software installed on the User's device to access the Service must be legally acquired and used by the User on legal grounds (licenses), and must not have been altered or modified in any way by the User or any other person, except by the Right holder of such software or a person authorized by him/her.
4.7. All actions related to the purchase of Internet access services, rights of use and installation of the relevant software for the User's devices are performed by the User independently. The Administrator is not responsible for the above actions of the User or third parties.
4.8. The User shall be solely responsible for compliance with the technical requirements set forth in this section of the Agreement, and shall be solely responsible for all risks associated with the inability to use the Service, to correctly view the TV Channels Package or Video Content due to the lack of connection of the User's device to the Internet, the lack of any components, functions, software required to access the Service on the User's device, as well as due to the presence of any errors in the User's device.
5. PROVISION OF ACCESS TO SERVICE, SUBSCRIPTION FEE
5.1. Access to the Service is provided to the User who has passed the Registration procedure with an active User account after Authentication in the manner described in Section 3 of the Agreement, in the corresponding interface on the website and/or in the Application.
5.2. In order to get access to the TV channels Package and/or Video content, the User must activate the relevant Subscription via USSD/ SMS/ Website/Application, unless it is not stipulated by the terms of the User's tariff plan. The Subscription shall be deemed activated from the moment it is processed and confirmed (activated) by the Administrator.
5.3. The Administrator shall activate the Subscription for access to the TV Channels Package and/or Video Content to the User after payment for the Subscription to the relevant TV Channels Package and/or Video Content has been received and confirmed.
5.4. The Subscription is provided on auto-renewal terms, which implies automatic renewal of the Subscription for a period equal to the period of validity of the active Subscription by automatic debiting of funds from the User's Personal Account in the amount determined by the Tariff in effect at the time of such renewal.The User's consent to auto-renewal of the Subscription is given when the User enters commands to activate the Service and pays for the Subscription from their Personal Account.
The Administrator may provide a Subscription to the Service with a grace period and/or as part of a promotion. When the User subscribes to the Service with a grace period and/or as part of a promotion, the Subscription auto-renewal can be activated. In this case, after the end of the grace period / promotion period, funds will be debited from the User's Personal Account according to the current tariffs and under the terms of auto-renewal, without the User's participation.
To cancel the auto-renewal of the Subscription, the User shall independently take actions to disable the auto-renewal of the Subscription in the relevant interface of the Application and/or the Website and/or via USSD request at any time, but not less than 24 (twenty-four) hours before the expiry date of the current Subscription period.
5.5. Once the Subscription has been activated, the User may use access to the TV Channel Package and/or Video Content only for the Permitted Term set by the Administrator and/or the Video Content Rights Holder. For each TV Channel Package and/or Video Content, information about the Permitted Term, the amount of the Tariff, composition, content and other conditions shall be available to the User in the relevant interface of the Website and/or Application. In respect of any activated Subscription, the Permitted Term shall start at the time (minutes, hours, date, month, year) when the relevant Subscription was activated by the Administrator. Upon expiry of the Permitted Term, access to the TV Channel Package and/or Video Content shall be terminated.
5.6. The terms and conditions of use of the Video Content shall be set by the Rightholder of the relevant Video Content in addition to the terms and conditions of the Agreement in accordance with the tariffs. For the purposes of the Agreement, the Rightholders of the Video Content shall mean online cinemas, audiovisual services that have the right to grant Users the right to use (view) the Video Content
5.7. The Administrator has the right to provide the User with access to the TV Channels Package and/or Video Content as part of special offers of the Administrator and/or Video Content Rightholder, including, but not limited to, access during a promotional period (free of charge for a certain period of time), access to additional Packages of TV Channels and/or Video Content (bonuses), provision of discounts, use of loyalty programmes. The list of special offers, including their terms and conditions, are available on the Website and/or in the Application interface and may be changed/cancelled at any time by the Administrator unilaterally.
5.8. If feasible, the Administrator may provide the User access to different Packages of TV channels both separately and together with the Video Content at the Tariffs specified in the corresponding section of the interface of the Website and/or the Application.
5.9 Access to the TV Channels Package and/or Video Content may be provided at the established Tariffs. The price of the Tariff and the list of TV channels and/or Video Content available to Users within the Service may be changed by the Administrator at any time at its discretion, subject to giving the Users at least ten (10) calendar days’ notice to that effect, unless another term is provided for by the current legislation of the Republic of Kazakhstan
5.10. Payment under the Agreement for access to the TV Channels Package and Video Content is made in the national currency - tenge and only by debiting funds from the User’s Personal account.
5.11. By paying for the Subscription at the respective Tariff the User is notified and agrees that the provision of access to the TV Channels Package and/or Video Content within the Service to the User shall be deemed to be provided by the Administrator at the moment of payment for the Subscription by the User, regardless of the fact of use or non-use of the access to the Package of TV Channels and/or Video Content provided during the Permitted Term and in the Permitted Territory, except for the cases when the User had no possibility to use the access to the Package of TV Channels and/or Video Content.
5.12. In case of inability to provide access to the TV Channel Package and/or Video Content under the paid Subscription through the fault of the Administrator for a period exceeding 48 (forty-eight) hours from the date of payment of the relevant Tariff, the Administrator shall, upon the User's written request and if possible, extend the Permitted Term for the period during which the User had no access to the TV Channel Package and/or Video Content or refund the User the amount paid by the User. The User may make the above request by contacting the Partner's Contact Centre at 3030 (activ), 9090 (Kcell), provided that no more than 30 (thirty) calendar days have passed since the payment was made.
5.13. If there are compulsory publicly available TV channels in the Package of TV channels, access to such TV channels is provided free of charge. However, access to the Package of TV Channels, which includes compulsory publicly available TV channels, is provided on a paid basis (unless otherwise expressly established by the Administrator) and does not include the cost of viewing such compulsory publicly available TV channels.
6. WARRANTIES AND REPRESENTATIONS OF THE PARTIES
6.1. The Administrator and the User warrant that they will use the rights and bear the obligations provided by the Agreement only in accordance with the current legislation of the Republic of Kazakhstan and for the purposes specified in the Agreement.
6.2 The Administrator represents and warrants that it:
6.2.1. is a legal entity registered and acting in accordance with the laws of the Republic of Kazakhstan, and has all rights and powers to enter into the Agreement and fulfil its obligations thereunder;
6.2.2. has the legal right to use the Platform, the Website, the Applications for the purpose of providing the Service to the Users;
6.2.3. on the basis of the relevant agreements with the Rightholders (or their licensees), has the right to use the TV channels included in the TV Channel Package to the extent necessary to provide the User with access to the TV Channel Package within the framework of the Service;
6.2.4. on the basis of relevant agreements with the Rightholders of Video Content (or their licencees), has the right to provide Users with access to Video Content within the framework of the Service.
6.3. The User represents and warrants that when using the Service he/she will not perform the following actions:
6.3.1. use the Service in violation of the terms and conditions of the Agreement;
6.3.2. use the Service in ways that may interfere with its normal functioning;
6.3.3. attempt to gain access to the Service, including the TV Channels Package and/or Video Content, without the Registration and Authentication procedure, or attempt to remove the restrictions provided for the lawful use of the Service under the Agreement, including by selecting, hacking login and password, changing, spoofing IP addresses or committing other illegal actions to bypass the technical means of protection of the Service that restrict unauthorized access to the Service;
6.3.4. use the Service for any commercial purposes, including but not limited to: demonstrating or making available TV channels included in the TV Channel Package and/or Video Content to persons who do not belong to the User's family circle or individual circle of persons in places open for free visit (cafes, restaurants, shops, hotels, etc.) in order to increase the consumer appeal of the above-mentioned places;
6.3.5. use the Service, including the TV Channels Package and/or Video Content for the purposes of public broadcasting, performance, viewing, demonstration, communication to the public or other public use;
6.3.6. reproduce (copy) TV programmes of the TV channels included in the Package of TV Channels or parts thereof, as well as the Video Content in any way, including by creating a video recording when viewed from the screen (display) of the User's device;
6.3.7 use software capable of causing harm to devices (including software) of any third parties (viruses, Trojans and other malicious programmes);
6.3.8. use the Service, including the TV Channels Package and/or Video Content for any purpose and in any manner other than permitted under the Agreement, including, but not limited to: resell, lease, distribute, sell, commercialize, make the Service publicly available or otherwise transfer to third parties the rights obtained under the Agreement.
6.4. Under the Agreement, the Service is provided "AS IS", which implies its operation as it exists, and also implies the absence of any guarantees or warranties on the part of the Administrator with respect to the Service, including, but not limited to: that the Service will meet the requirements, purposes or expectations of the User, that access to the TV Channels Package and/or Video Content will be provided continuously, quickly, reliably and error-free, that the quality and content of any TV channel included in the Package of TV Channels,
6.5. The Administrator and the User confirm and guarantee that the use of the Service (including all results of intellectual activity and means of individualization, access to which is provided to the User within the framework of the Service) will not be carried out by means of public performance or broadcasting, including by retransmission.
7. RIGHTS AND OBLIGATIONS OF USER
7.1. User may:
7.1.1. Use the Service in accordance with the terms and conditions of the Agreement.
7.1.2. to view the TV channels Package and/or Video content, access to which is provided to the User within the framework of the Service, with the right to use the viewing control functionality (the ability to interrupt viewing with the "PAUSE" function, rewind, skip to individual episodes, switch language, etc.), provided that it is available.
7.1.3. Make complaints and/or suggestions regarding the Service operation in accordance with the procedure set out in Section 12 of the Agreement.
7.2. User agrees to:
7.2.1. Comply with the terms and conditions of the Agreement.
7.2.2. Use the Service, including the TV Channel Package and/or Video Content in accordance with the terms of the Agreement solely for personal, non-commercial purposes via your User device.
7.2.3. Observe the rights and legitimate interests of the Administrator, as well as the Rights Holders who own the exclusive right to the result of intellectual activity or to the means of individualization used within the Service.
7.2.4. Observe the age restrictions, if any, for viewing the TV channels included in the Package of TV channels of a certain age category. Persons who have not reached the age required to watch TV channels shall refrain from watching the relevant TV channels and/or from paying for access to them without the consent of parents, adoptive parents, guardians, custodians or other legal representatives in accordance with the current legislation of the Republic of Kazakhstan. Otherwise, the responsibility for violations of the terms of this clause of the Agreement by the User who has not reached the required age shall be imposed on parents, adoptive parents, guardians, custodians or other legal representatives in accordance with the current legislation of the Republic of Kazakhstan.
7.2.5. Not to perform any actions aimed at disrupting the functioning of the Service, attempts of unauthorised access to the Service, as well as any other actions that violate the legal rights of the Administrator and/or any third parties.
7.2.6. Not to perform any actions specified in clause 6.3 of the Agreement.
7.2.7. Fulfil other obligations established by the Agreement for the User.
8. RIGHTS AND OBLIGATIONS OF ADMINISTRATOR
8.1. Administrator has the right to:
8.1.1. If necessary, unilaterally amend the Agreement on condition that the User is notified thereof by publishing a new version of the Agreement on the Website and/or in the Application 10 (ten) calendar days prior to the entry into force of such changes. In case of disagreement with the changes in the Agreement, the User has the right to terminate the Agreement by refusing to use the Service. Otherwise, the Administrator and the User recognize that their relations are governed by the new version of the Agreement from the date of its entry into force.
8.1.2. Unilaterally change the Tariffs, composition, content of TV channel packages and/or Video Content.
8.1.3. At any time at its own discretion suspend, restrict or terminate the User's access to the Service, including, but not limited to, in case the User violates the terms and conditions of the Agreement, the current legislation of the Republic of Kazakhstan, as well as in case the Administrator reasonably believes that the User's actions are dishonest, aimed at violating the Service's performance and/or may lead to violation of the rights, legitimate interests of the Administrator and/or Rightholders, and harm their business reputation.
8.1.4. To carry out preventive and repair works as necessary to ensure the technical possibility of the User's use of the Service.
8.2. Administrator shall:
8.2.1 To ensure, within the limits of its technical capabilities, the functioning of the Service in accordance with the terms and conditions of the Agreement.
8.2.2. make organizational decisions related to the operation of the Service.
8.2.3. fulfil other duties established by the Agreement for the Administrator.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Any results of intellectual activity and means of individualization used in providing the Service are the intellectual property of their Right Holders and are protected by international treaties and legislation of the Republic of Kazakhstan in the field of intellectual property.
9.2. Any use of the results of intellectual activity and means of individualization without the permission of the Rights Holder is illegal and is the basis for civil, administrative and criminal liability in court at the place of location of the defendant.
9.3. The Administrator hereby notifies the User that the Administrator is the Rights Holder in respect of the Platform, the Website, and the Application. The Partner is the right holder of the mobi Kino, Kcell and activ trademark.
9.4. In accordance with the Agreement, the User within the Service is granted the right to access the TV Channel Package and/or Video Content exclusively for the purposes of personal (private) non-commercial viewing without the right to copy them in any part, in any material form (including, but not limited to: by copying them into the memory of the User's devices), as well as without the right to any other use of the TV Channel Package and/or Video Content, including, but not limited to: distribution, rental, sale, public broadcasting, public performance, communication, etc.
9.5. The User has the right to use the Service (including all results of intellectual activity and means of individualization, access to which is provided to the User within the framework of the Service) exclusively for the purpose of exercising the granted rights specified in the Agreement.
9.6. Use of the Service in a manner not expressly stated in the Agreement shall not be deemed to be authorized for the User.
9.7. Any use of the Service (including all results of intellectual activity and means of individualization, access to which is provided to the User as part of the Service) in violation of the terms of the Agreement is strictly prohibited. Such use will be illegal and may give rise to civil, administrative and criminal liability in a court of law at the location of the defendant.
9.8. The Administrator and/or Video Content Owner reserves the right to use technical means preventing or restricting unauthorized use of the Package of TV channels and/or Video Content, access to which is provided to the User within the framework of the Service under the Agreement.
10. RESPONSIBILITY OF PARTIES
10.1. In case of non-fulfilment or improper fulfilment of their obligations stipulated in the Agreement, the Administrator and the User shall be liable in accordance with the procedure stipulated by the current legislation of the Republic of Kazakhstan, taking into account the provisions set forth in the Agreement.
10.2. The Administrator shall not be liable for the User's breach of the provisions of the Agreement.
10.3. The User understands and agrees that he/she is fully responsible for the proper use of the Service (including all results of intellectual activity and means of individualization, access to which is provided to the User within the Service) in accordance with the terms of the Agreement.
10.4. The Administrator ensures the functioning of the Service, but is not responsible for its uninterrupted operation.
10.5. The Administrator does not guarantee the ability to access the TV Channels Package and/or Video Content, as well as their viewing without any technical errors, failures or other problems arising during viewing on the User's device.
10.6. The Administrator does not bear any responsibility to ensure the proper quality or speed of data transmission over the Internet used by the User for the purpose of receiving the Service, for any delays in processing or transmission of data, as well as for the possibility of correct functioning of the User's device when using the Service.
10.7. The Administrator shall not be liable for failure to fulfil or improper fulfilment of its obligations if it is caused by the User's actions beyond the Administrator's control, including being outside the Permitted Territory, accidental destruction, loss or damage of the User's device, misuse of the User's device, the Website, the Application and other actions of the User.
10.8. The Administrator is not responsible for any damage caused to the User's device or third party electronic devices, any other hardware or software, caused by or related to the User's use of the Service.
10.9. The Administrator is not responsible for the content of the TV channels included in the TV channels Package and/or Video Content, as well as for any violations committed by the Rightholders of the TV channels and/or Video Content.
10.10. The Parties shall be released from liability for partial or full failure to fulfil their obligations under the Agreement if such failure was caused by force majeure circumstances (force majeure), such as: fire, earthquake, hurricane, lightning strike, military actions, terrorist act, strikes, disruption of electricity supply, accidents on data transmission networks and equipment used to provide the Service, enactments of a governmental authority or entry into force of a legal act, limiting the possibility or making it impossible to perform obligations, unlawful actions (for example, such as theft, robbery, deliberate damage/destruction of property supporting the operation of the Service, distribution of malicious computer programmes), as well as other extraordinary and unavoidable circumstances beyond the reasonable control of the Parties.
10.11. The User agrees to reimburse the Administrator for any losses incurred by the latter in connection with the User's use of the Service (including all results of intellectual activity and means of individualization, access to which is provided to the User as part of the Service) in violation of the terms of the Agreement.
10.12. Under the Agreement, the Administrator has no obligations and is not liable to the User for compensation for lost profits. If under the Agreement the Administrator's liability to compensate the User for losses caused by non-fulfilment or improper fulfilment of obligations by the Administrator arises, this liability will be limited to the amount equal to the cost of the paid Tariff.
11. APPLICABLE LAW, DISPUTE RESOLUTION
11.1. The Agreement shall be interpreted and regulated as governing the relationship of the Parties in accordance with the current legislation of the Republic of Kazakhstan.
11.2. If any provision of the Agreement is recognised by a court of competent jurisdiction as invalid and unenforceable under the applicable laws of the Republic of Kazakhstan, this shall in no way impair the validity, legality and enforceability of the remaining provisions of the Agreement.
11.3. The Parties confirm that all disputes and disagreements that may arise out of or in connection with the Agreement will be settled in a pre-trial claim procedure.
11.4. The Parties agree that any dispute, controversy or claim arising under the Agreement, including any issues regarding the interpretation, existence, validity or termination of the Agreement, as well as disputes on issues not settled in the Agreement, which cannot be resolved through pre-trial claim settlement, shall be resolved in court at the location of the defendant.
12. INFORMATION AND REFERENCE SERVICE
12.1. For all questions related to the use of the Service, including information and reference service, technical support and any claims, the User should contact the Partner's support service by the methods specified in clause 5.12 of the Agreement, as well as by other methods specified on the Website and/or in the Application.
12.2. Response to the User's request regarding the Service under the Agreement shall be provided within 30 calendar days from the date of its registration by the Administrator/Partner, unless another procedure and terms are established on the Website and/or in the Application.
13. PERSONAL DATA PROCESSING POLICY
13.1. By entering into the Agreement, the User consents to the processing of their personal data by the Administrator/Partner and confirms that by giving such consent, the User acts with their own will and in their own interest.
13.2. Personal data under the Agreement shall mean the following personal data of the User: subscriber number, Account information, other personal data provided by the User to the Administrator for the purpose of realization of rights and obligations under the Agreement.
13.3. The Administrator has the right to carry out any actions related to the processing of personal data, to defend its interests in court, to provide personal data of Users to third parties in accordance with the provisions of the current legislation of the Republic of Kazakhstan and the Agreement.
13.4. Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation means with personal data, including collection, recording, systematisation, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access) to third parties, depersonalisation, blocking, deletion, destruction of personal data.
13.5. By providing their personal data to the Administrator/Partner, the User agrees to their processing for the following purposes:
13.5.1. identification of the User for the purposes of fulfilment of the Agreement;
13.5.2. sending information messages within the Service;
13.5.3. processing of Users' requests by the Service support service;
13.5.4. carrying out statistical and other studies of the use of the Service on the basis of anonymized data;
13.5.5. analyzing the User's preferences in order to improve the Service;
13.5.6. maintenance of the Service;
13.5.7. prevention and detection of fraud and other illegal use of the Service;
13.5.8. for other lawful purposes necessary for the proper provision of access to the Service to the User under the Agreement.
13.6. Terms of processing and protection of personal data:
13.6.1. Administrator/Partner uses the User's personal data exclusively for the purposes specified in the Agreement.
13.6.2. The Administrator/Partner undertakes to ensure confidentiality of personal data provided by the User under the Agreement. It shall not be considered a breach of confidentiality if the Administrator discloses the User's personal data at the request of an authorized state body in accordance with the current legislation of the Republic of Kazakhstan.
13.6.3. The Administrator/Partner undertakes to provide all necessary technical measures to protect the User's personal data from unauthorized or accidental access, destruction, modification, blocking, copying and distribution.
13.7. The Administrator guarantees observance of the following rights of the User in relation to his/her personal data:
13.7.1. the right to receive information regarding the processing of the User's personal data;
13.7.2. the right to demand from the Administrator to clarify the User's personal data, block or destroy them if the personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights;
13.7.3. other rights established by the current legislation of the Republic of Kazakhstan.
14. FINAL PROVISIONS
14.1. The Agreement enters into force upon its acceptance by the User in accordance with Section 2 of the Agreement.
14.2 The Agreement and any published amendments thereto shall be valid for the entire period of use of the Service by the User.
15. DETAILS OF THE ADMINISTRATOR
15.1. Details of the Administrator:
Lifestream Kazakhstan LLP
Address: Republic of Kazakhstan, Almaty city, Bostandyk district, Ermensai mkr., Araily str. 2/12, building 7, 3.
BIN 220340009504
16. ACCESS TO VIDEO CONTENT
16.1. Agreement with online cinemas:
16.1.1. In case of using the Video Content of the MEGOGO online cinema and/or in case of activating a Subscription for the use of such Video Content, the User agrees to be bound by the terms of the User Agreement posted on the online cinema's website at https://megogo.net/ru/rules#agreement-privacy-cookie-policy. The territory of use of the MEGOGO online cinema through the Administrator's Platform is the Republic of Kazakhstan. The User undertakes to use the MEGOGO online cinema in ways that do not contradict the terms of the Agreement as well as MEGOGO online cinema’s User Agreement.
16.1.2. In case of using the Video Content of the "more.tv" service and/or in case of activating a Subscription for the use of such Video Content, the User agrees to the User Agreement on the use of the "more.tv" service available at https://more.tv/useragreement The territory of use of the "more.tv" service through the Administrator's Platform is the Republic of Kazakhstan. The User undertakes to use the "more.tv" service in ways that do not contradict the terms of the Agreement as well as the user agreement of the "more.tv" service.
16.1.3. In case of using the Video Content of the "START" service and/or in case of activating a Subscription for the use of such Video Content, the User agrees to the User Agreement on the use of the "START" service available at https://start.ru/legal/terms_of_use. The territory of use of the "START" service through the Administrator's Platform is the Republic of Kazakhstan. The User undertakes to use the "START" service in ways that do not contradict the terms of the Agreement as well as the user agreement of the "START" service.
16.2. Payment under the Agreement for access to the Video Content of MEGOGO, "more.tv", START" shall be made in Kazakhstani Tenge on the territory of the Republic of Kazakhstan, and only through the payment systems available on the Service and/or in the Application for the User's device and/or on the Website. Payment systems used to pay for services under the Agreement may be changed at any time without notice to the User.
Edition 1 dated December 1, 2023