Fitness Club Service Provision Тerms and Conditions

1. General Provisions and Terms.

1.1.1 “Operator” or “Viva” - “Viva Armenia” Closed Joint Stock Company, a company duly founded and licensed for provision of telecommunication services in the Republic of Armenia.

1.1.2 “Subscriber” - a physical or legal person, an individual entrepreneur who is considered to be the subscriber of the Operator’s network and has accepted the Conditions in accordance with clause 1.5.

1.1.3 “Fitness Club” - a service of automatically renewable subscription to Content services, within which subscribers are provided with access to Media content of Information complex in the form of devices applications with the Android operating system developed by the Executor on condition of payment for service use on daily, weekly or monthly basis.

1.1.4 “Content service” - the communication service, available within the “Fitness Club” service, which involves providing the Subscriber an access to Media content of Information complex with the use of the equipment and communication channels of Viva as per his request.

1.1.5 “Media content (Applications)” – a set of software programs, applications and other content included in the database of Information complex and available for installation on the mobile device at any time by means of the Internet.

1.1.6 “Content Card” — The "Fitness Club" page with a detailed description of Media Content.

1.1.7 “Personal account” — the analytical account in the automatic settlement system of the Operator designed for the accounting of the volume of the services rendered to the User, cash inflows and outflows, paid in for these services.

1.1.8 “Partner” – the partner of the Operator who is the Owner of copyright and related rights to the Applications presented in the "Fitness Club".

1.1.9 “Information complex” - the list of software and hardware belonging to the Executor including "Fitness Club" by means of which access to Content services is provided.

1.1.10 “Subscription to Content” – conditions of rendering Content services by the Operator to the Subscriber who, by performing implicative actions, accepts the Offer of the Operator, envisaging unlimited, continuous and automatic access to Media content of Information complex for a certain period of time for a payment (further – “Fitness Club daily”, “Fitness Club weekly, "Fitness Club monthly"). Upon termination of each term of rendering Content services on conditions of subscription to the Content, the provision of Content services on the conditions of Content Subscription is automatically renewed for a new similar or other term until the Subscriber rejects the Content on the conditions determined by these rules.

1.2 Use of "Fitness Club" is carried out on the basis of the agreement between the Subscriber and Viva, which includes the Order of rendering communication services by Viva, and the present Rules of providing the Fitness Club service (jointly referred to as "Conditions").

1.3 “Fitness Club” can be used to view, search and load Media content by means of ordering Content services, while the acquisition of Content services is available only via a mobile phone. The cost of Content services for access to Media content is determined by the Operator. Incoming/ outgoing mobile Internet traffic during data transmission via use of "Fitness Club" is billed according to the tariff plan of the subscriber unless other conditions are provided.

1.4 The portal is located at the address https://fitness.viva.аm.

1.5 The Subscriber shall be deemed to have accepted the Conditions if (1) he has clicked the corresponding button or the "Activate” link on the https://fitness.viva.аm website or (2) has started using Media content of "Fitness Club", or (3) sent SMS request with text “Start1”, “Start7”or “Start30”to 906090 number

2. Provision of the “Fitness Club” Service

2.1 The “Fitness Club” service is available only for the subscribers of Viva, to physical or legal persons, served on all tariff plans of Viva.

2.2 All the content available within “Fitness Club” does not belong to the Operator and is provided by third-party developers. For this reason the Operator doesn't bear responsibility for the Media content, its integrity, functionality and also does not bear any responsibility for any permissions (agreements) provided by the Subscriber within or in connection with access to the content.

2.3 The Subscriber agrees that Viva may, at its sole discretion and without prior notice, suspend or terminate the provision of the “Fitness Club” Service (or its functions) to one user or all the users.

2.4 Viva may find that Media content distributed through the “Fitness Club” violates the Distribution Agreement of the Developer or other legal agreements, laws, regulations and rules. In this case, Viva reserves the right to demand the termination of the use of the ordered Media content. The Subscriber should remove the present Media content.

2.5 Viva may at any time terminate the provision of the “Fitness Club” service if (A) the Subscriber has violated any clause of the present Conditions; or (B) Viva will be obliged to do so in fulfillment of the law; or (C) Viva will decide on the termination of the “Fitness Club” service.

2.6 Viva has the right to resile from the provision of Content services in case of insufficient technical resources for its provision.

2.7 By accepting this Terms the Subscriber consents to applying other (additional) measures (steps) by the Operator in the frame of this Contract for activation of the Service to personalize the Subscriber.

3. Use of the “Fitness Club” Service

3.1 In order to get access to the Service, the subscriber needs to go to the website that provides the “Fitness Club” service at https://fitness.viva.аm address.

3.2 In order to access the “Fitness Club” service and order Content services through it, you need a mobile device with the Android operating system  at least version 2.3, with activated data transmission service of mobile cellular communication network of Viva. Using the “Fitness Club” and its content offline is limited to 5 (five) facts of opening applications.

3.3 To order Content Services using Devices with Android OS, it is necessary to initially make settings that allow the installation of applications obtained from a variety of sources. To do this, go to the “Settings” menu of the Device, select the “Applications” menu item, allow installation of applications from a variety of sources by selecting the “Unknown source” menu item. Loading capacity and use of the content is not limited; also there are no restrictions on the number of applications that the Subscriber is allowed to download. The only limitation is the memory capacity of the Subscriber’s mobile device.

3.4 In order to get access to the Media content, it is necessary to activate the service “Fitness Club daily”, “Fitness Club weekly” or “Subscribe to Fitness Club monthly” in one of the following ways:

• confirm the activation on https://fitness.viva.аm website;
• send technological SMS-request with the text Start1”, “Start7”or “Start30” to the number 906090.

To download and install Media content from “Fitness Club”, the Subscriber needs to:

• click on the label of the desired Application, after which the Content Card shall open up containing information about its functions and the developer;
• click on the “Download” button and confirm the consent to download. To cancel the download, it is necessary to click on "Cancel";
• when the download is complete, click the “Open” button to instantly install the application on the phone. If you click the “Reject” button after the download is completed, the application will be saved by default in the “Downloads” folder (depending on the modification of the phone).
• in the specified folder, it is necessary to select the desired application and confirm the installation.
• after the installation is completed, click the "Open" button in order to use the application, if necessary, or click the "Finish" button to return to it later.

3.6 Upon activation of the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” services for the first time, the Subscribers shall get trial usage period within 1 (one) calendar day from the moment of its connection for the first time.

3.7 Within 1 (one) day prior to the expiration of trial usage period for the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” service, after the activation of the Content services on the conditions of subscribing to content for the first time, a technological SMS-message will be sent to the subscriber from 906090 number with information about the automatic extension of the service, its cost and ways to unsubscribe.

 If the subscriber has not turned off the service (cl. 3.8), in case there are sufficient funds on the Subscriber's Personal Account to pay for the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” services, the service is automatically extended for a new similar period, unless there is a refusal from the Subscriber as per the order envisaged by the present rules.

After “Fitness Club” service activation, a technological SMS is sent to the subscriber from 906090 number with information about service activation and further charging of the amount from the Customer’s account.

Information about the status of a subscription to the Content is also available on the “Profile” page on the website https://fitness.viva.аm

If there are not enough funds on the Subscriber's Personal Account at the moment of an attempt to extend the service to pay for “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” services in full, services are not connected/extended.

Repeated attempts to extend the Content Services on the conditions of subscription to the Content occur 2 (two) times a day during 7 (seven) calendar days. Upon end of 7 (seven) calendar days, if the Subscriber’s Personal account has not been refilled with funds in the amount sufficient to pay for the cost of services, the subscription will be deactivated. To renew it, customer will need to perform the activation again.

If there are enough funds to pay, the subscription to the service will be renewed and the funds will be charged from the subscriber’s account according to the previously selected subscription.

If there are enough funds to pay for the Content Services on Conditions of subscription to the Content, the user will be provided with active links to download the entire list of Media content placed in the Information complex, the time period according to the performed payment.

3.8 In case of deactivation of subscription, access to the Media Content downloaded from the Information Complex shall be blocked. Access is renewed from the moment of reactivation of subscription, after subscription period expiration.

3.9 Content services on Conditions for subscription to the content can be disabled

• on https://fitness.viva.аm website by entering personal account;
• by sending SMS-request with the word "Stop" to number 906090.

3.10 The Subscriber shall use the “Fitness Club” only for the purposes envisaged by (a) the Conditions, (b) the law in force.

3.11 The subscriber shall use the “Fitness Club” only via the interface provided Viva, in particular, it is not allowed to use automated tools for access to the “Fitness Club” (including scripts, scanners and similar technologies).

3.12 The subscriber shall not take actions that may disrupt or interrupt the work of the “Fitness Club” (as well as servers and networks serving Viva), not to use the Media content provided through the “Fitness Club” for the purposes of disrupting or interrupting the operation of servers, networks or websites operated by Viva or a third party.

3.13 The subscriber shall not reproduce, copy, sell, exchange or resell the content of the Fitness Club. Exceptions are the cases as otherwise stipulated by a separate agreement with Viva.

3.14 The Subscriber is held solely liable for (with the release of Viva from liability before the Subscriber or any other third party) for the use of the “Fitness Club” and any Media content, violation of the obligations stipulated under the Conditions, as well as for the consequences of such violations (including all losses or damages that Viva or a third party may incur).

3.15 The subscriber acknowledges that Viva and / or third parties have all the property and possessory rights to Media content distributed through the “Fitness Club”, including, but not limited to, all applicable Intellectual Property Rights in relation to Media Content. "Intellectual property rights" are all rights stipulated by patent legislation, as well as legislation on intellectual property, trade secrets, trademarks, unfair competition, and any other property rights recognized worldwide. The Subscriber undertakes not to undertake himself and refrain from other persons to carry out actions to (I) copy, sell, license, distribute, dispose, modify, adapt, transfer, create derivative works, decompile, reengineer, disassemble or other actions aiming to acquire the source code of the Media content, except for the cases stipulated otherwise; (II) circumvent and violate security rules or use content provided by the functionality of the Media content (including, but not limited to, the functionality of management of digital rights and blocking further changes); (III) use Media content with the aim to access, copy, transfer, converse the code or broadcast such content with violation of any law or the rights of the third party; or (IV) remove, retouch and change of indications on copyright and trademarks or other indications on the property rights of Viva or the third party included in the Media content.

3.16 Viva reserves the right (but does not assume obligations) to conduct preliminary control, view, mark, filter, change, reject or delete any Media content from the “Fitness Club”. The subscriber agrees that when using the “Fitness Club”, he may encounter Media content that may seem offensive, indecent or undesirable, and that he uses the “Fitness Club” at his own risk.

3.17 When using the “Fitness Club” service, the Subscriber agrees to receive non-billed informational messages with service news from the technological number 906090.

4. Payment of Services

4.1 The cost of Content Services on conditions of subscription to the content is determined on the basis of the applicable Price List of tariffs set for content services provided by Viva, the current Provisions on the discount system for the “Fitness Club daily”, “Fitness Club weekly” or “Fitness Club monthly” services and is indicated at https://fitness.viva.аm .

4.2 Upon first-time order of the “Fitness Club daily”, “Fitness Club weekly” or “Fitness Club monthly” services  tariffication provided trial usage period within 1 (one) calendar day from the day of activation of the service. Information on the date from which the trial usage period is provided for the Subscriber shall be available on the “Profile” tab page at https://fitness.viva.аm website, and also, if the service is activated by sending a technological SMS request to the number 906090, the subscriber will receive a non-billed informational SMS-message.

4.3 For Subscribers who have previously used the service and disconnected it, upon re-connection, the trial usage period shall not be provided, and the fee for using the service and the cost of activating the service are charged from the first day of connection.

4.4 If before the expiration of the validity period of using trial usage period for the service “Fitness Club daily”, “Fitness Club weekly” or “Fitness Club monthly”, after activation of the Content services on Conditions of Subscription to the Content for the first time the subscriber has not disabled the service (cl. 3.8), and in case of sufficient funds on the Subscriber's Personal Account for payment of “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” service, the service is automatically extended for a new similar period.

4.5 Tariffication of the services “Fitness Club daily”, “Fitness Club weekly” or “Fitness Club monthly” is made with a one-time charge of funds from the Personal Account of the Subscriber on the first day of services provision. When the subscriber is blocked (partial, forced, voluntary, “Loss of the SIM card” block), the provision of the Content service and the charging of funds is not performed. When the Subscriber does not have sufficient amount of funds, the provision of Content Services is not performed.

If at the Subscriber's Personal Account at the time of an attempt to extend the service there are not enough funds to pay for the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” services in full, provision of the Content service is suspended and charging of funds thereon is not performed.

4.6 Tariffication of the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” service is made with a one-time charging of funds from the Subscriber’s Personal Account of the after its extension. When the subscriber is blocked (partial, forced, voluntary, “Loss of the SIM card” block), the provision of the Content service and the charging of funds is not proceed. Charging of funds is made as of the moment of its activation/extension in the amount of the applicable tariff for the “Fitness Club daily”, “Fitness Club weekly” and “Fitness Club monthly” service.

4.7 Incoming/outgoing mobile Internet traffic during data transmission during access to the “Fitness Club” service, under radio coverage of Viva, is billed according to the tariff plan of the Subscriber unless other conditions are provided or promotions are announced.

4.8 For the Subscribers in roaming tariffication of the “Fitness Club daily”, “Fitness Club weekly” and  “Fitness Club monthly” services and outgoing SMS is made in accordance with the applicable price list of tariffs set for the services of Viva. Tariffication of incoming/ outgoing Internet traffic for the present category of subscribers is made as per the tariff set for the service of international data roaming , in compliance with the applicable Price list set for tariffs of Viva for the international roaming services.

5. Automatic Updates

5.1 Media content provided via Viva  Mobile Applications and https://fitness.viva.аm website, which the Subscriber installs on its own equipment, can periodically be connected with the servers of Viva or partner companies in order to check for updates of Media content, including bug fixes, new functions, missing plug-ins and new versions (collectively referred to as "Updates"). The conditions for receiving Media Content Updates are established by the Partners, and Viva is not responsible for informing the Subscribers about the terms of receiving Updates. By installing such Media content, the Subscriber agrees to such automatically requested and received Updates.

5.2 Tariffication of the incoming /outgoing Internet traffic is billed in the course of updating the Media content by accessing to the “Fitness Club” services or via https://fitness.viva.аm website is performed in accordance with the Subscriber’s tariff plan.

6. Limitation of Liability

6.1 The Subscriber acknowledges and agrees that the use of the “Fitness Club” and the Media content downloaded or received through it is at the Subscriber’s own risk and that the Media Content is provided on an “as is” and “as available” basis. Viva, providing services of access to the Media content, is not responsible for its availability, content and operation.

6.2 The Subscriber agrees to use the “Fitness Club” and any Media content downloaded or otherwise acquired as a result of using the “Fitness Club” service at its own discretion and at its own risk, and Viva is not responsible for the damage cause to the mobile device or other device of the Subscriber or loss of data as a result of such use.

6.3 To the utmost permitted by the law in force, Viva does not provide warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of marketability, fitness for particular purposes and non-infringement of intellectual property rights, in relation to any Media content, downloaded or otherwise obtained via the “Fitness Club”. The subscriber shall accept and unconditionally agree with the present condition.

6.4 The Subscriber acknowledges and agrees that Viva does not bear any responsibility before him (including within the frames of contractual obligations) for the direct, indirect, incidental, special, mediated or punitive damage incurred by the Subscriber as a result of using the “Fitness Club” or the Media content downloaded through it, including data loss, regardless of whether Viva had any assumptions about the possibility of such damage.

7. General Legal Terms

7.1 The present Terms are deemed as absolute legal agreement between the Subscriber and Viva and regulate the use of the “Fitness Club” application and web portal by the Subscriber.

7.2 Viva reserves the right to notify about the termination or amendment of these Terms by posting relevant information on https://fitness.viva.аm or http://viva.am website. Conditions shall be deemed canceled or amended as of the moment specified in the notice.

7.3 The Subscriber acknowledges that if Viva does not exercise and does not use its legal rights or legal remedies that it is granted with under the present Terms (or any effective law), this is not an official refusal of Viva from its rights, and these rights and remedies shall remain at the disposal of Viva.

7.4 If a court having the right to give judgment on the present matter shall determine that any provision of these Terms is invalid, such provision will be removed from the present Terms without affecting the remaining provisions of the present Terms. The remaining provisions of the present Terms shall remain valid and have legal force.

7.5 The Subscriber and Viva are not entitled to transfer or assign the rights granted under the present Terms without the prior written consent of the counter party. Neither the Subscriber nor Viva are not entitled to delegate its responsibility or obligations imposed by the present Terms without the prior written consent of the counter party.