Provisioning terms and conditions

Terms & Conditions

This Agreement sets forth the legally binding terms and conditions (hereinafter the “Terms”) governing the acquisition and use by “Subscriber” of the “MAGIC ENGLISH” service (hereinafter the “Service”).

1. Service provision terms and Definitions

1.1.1 “Operator” or “Viva” - “Viva Armenia” Closed Joint Stock Company, a company duly founded and licensed for the 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 “MAGIC ENGLISH” - a service of automatically renewable subscription to Content services, within which Subscribers are provided with access to videos, games, and practice exercises for English learning purposes with their favorite “Disney” movies characters.

1.1.4 “Content service” - a communication service, available within the “MAGIC ENGLISH” service, which consists in providing the Subscriber with access to Media Content of Information Complex with the use of equipment and communication channels of Viva per his request.

1.1.5 “Media Content” – a set of software programs, online games and other content included in the database of Information Complex and available for installation on a mobile device at any time via the Internet.

1.1.6 “Content Card” — The “MAGIC ENGLISH” page with a detailed description of Media Content.

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

1.1.8 “Partner” – a partner of the Operator, which is the Owner of copyright and related rights to the services presented in the “MAGIC ENGLISH”.

1.1.9 “Information Complex” - a list of software and hardware belonging to the Operator and Partner, including “MAGIC ENGLISH” by means of which access to Content Services is provided.

1.1.10 “Subscription to Content” – conditions for the provision of Content Services by the Operator to the Subscriber who, by performing implicative actions, accepts the Offer of the Operator, which provides for unlimited, continuous and automatic access to the Media Content of the Information Complex for a certain period of time for a certain fee. Upon termination of each term for the provision of Content Services on conditions of subscription to the Content, the provision of Content Services on the conditions of Content Subscription will be automatically extended for a new similar or different period until the Subscriber cancels the Content on the terms set forth in these rules.

1.2 The use of the “MAGIC ENGLISH” service is carried out on the basis of the agreement between the Subscriber and Viva- MTS, which includes the procedure of rendering communication services by Viva, and the present Terms of providing the “MAGIC ENGLISH” service (jointly referred to as the “Terms”).

1.3 “MAGIC ENGLISH” can be used to view, search and download Media Content by means of ordering Content Services, while the purchase 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 when using “MAGIC ENGLISH” is billed according to the tariff plan of the Subscriber, unless other conditions are provided.

1.4 The portal is located at https://lp.magicenglish.viva.am.

1.5 The Subscriber shall be deemed to have accepted the Terms if: (1) the Subscriber clicked the corresponding button or the “Activate” link on the https://lp.magicenglish.viva.am website, or (2) started using the Media Content of the “MAGIC ENGLISH”, or (3) sent an SMS request with the respective keyword to number 3090.

2. General terms

2.1“MAGIC ENGLISH” is a game, where Subscribers can play and learn along with their favorite “Disney” characters.

2.1.1 The download and use of the Media Content is not limited. The sole restriction is the storage capacity of Subscriber’s mobile equipment.

2.2 All content downloaded from “MAGIC ENGLISH” does not belong to Viva and is provided by third-party developers. For this reason, Viva assumes no responsibility for the apps, their integrity, functionality, or for any permissions granted to the Subscriber while accessing the content.

2.3 The Subscriber is hereby made aware that, for the download and use of the “MAGIC ENGLISH”, a mobile device is required, which must be compatible with the service.

2.3.1 The Subscriber acknowledges that the use of the “MAGIC ENGLISH” and its content requires an Internet connection (Wi-Fi, GPRS, EDGE, 3G, 4G or other). The service is not available without Internet connection.

2.4 The Subscriber hereby acknowledges and agrees that by subscribing to the service regardless of the Subscriber's mobile equipment meeting any compatibility criteria upon subscription. No refunds will be issued by Viva based on the inability of the Subscriber to access the service due to the lack of compatible mobile equipment.

2.5 Internet access and any data traffic associated with the download and use of the service will be charged by the Subscriber’s respective mobile network provider. Viva may, at its sole discretion, temporarily exempt the User from data traffic charges associated with the download of content, and the Subscriber acknowledges that this exemption may be terminated at any time.

2.6 To subscribe to the service, the Subscriber must either be of legal age or be assisted by а parent or legal guardian.

2.6.1 Whenever the Subscriber accesses or purchases the service, the responsibility for the access will lie on the bill payer for the respective mobile network provider, who will be assumed to have authorized the Subscriber to use of the service. Viva will not be held accountable for improper or unintended use of the service or for unintentional purchase of products. The legal guardian/contracting party is the sole responsible for the care and keeping of the mobile equipment required to use the Service.

2.7 Viva will not be held accountable for the ineptitude of the Subscriber in connecting to the Internet, employing hardware equipment or software in the download and use of services, or for the availability of any third party or Internet links to the service. The Subscriber acknowledges that Viva gives no warranty or representation that the service will meet the Subscriber’s requirements or any objectives in particular.

2.8 Viva will not be held accountable for any form of advertising and/or for the content of banner ads, pop-up windows and any other advertising formats shown on websites and third-party apps made available through the service and its portals. The responsibility for such content lies solely on the advertiser or their legal representatives.

2.9 The Subscriber acknowledges that given the nature of such services, Viva cannot guarantee that the service will be uninterrupted or error-free.

2.10 Viva assumes no responsibility for any damage or loss incurred as a result of Subscriber’s access to fake websites and portals, which imitate the service pages and which are not governed by the present Terms.

2.11 The Subscriber acknowledges that under no circumstances will Viva be held accountable for any damage or loss incurred as a result of:

●        use or inability to use the service by the Subscriber;

●        sharing of personal information on social networks in connection with the service;

●        unauthorized access to user data or data transmissions, or any falsification of personal data as a result of unauthorized access;

●        acts and behavior of third parties in relation to the Service;

●        force majeure or fortuitous event or any acts performed by the Subscriber.

2.12 Viva will not refund any amounts eventually deducted from the Subscriber for the following claims:

●        incompatibility between hardware and software elements employed by the Subscriber and the service;

●        the Subscriber’s mobile equipment, not meeting the minimum requirements to use the service;

●        misexpectations or mistakes on the part of the Subscriber;

●        the lack of observation by the Subscriber of any policies mentioned in the present terms and of any instructions available in the service’s portals and websites;

●        acts of bad faith;

●        Subscriber’s withdrawal after the provision of the Service.

2.13 Even where the Subscriber is apt to use the service, it is his or her responsibility to act in conformity with the principles and in observance of the rules of the service, expressly as presented, without warranties or other conditions not explicitly stated in the present terms and conditions of use. The content made available through the service is determined at Viva’s discretion. All content is the sole responsibility of the content owner in regard to quality, precision, fidelity, reliability, information, opinion, declaration, warranties and advertising of any sort.

2.14 Viva shall not be held accountable for any changes or withdrawals of services or content providers, as well as for any results of these changes. The Subscriber acknowledges and agrees that such changes and withdrawals are inherent to the service.

2.14.1 Viva will apply reasonable efforts in obtaining similar services to the ones withdrawn from the service.

2.15. 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 “MAGIC ENGLISH” Service

3.1 In order to get access to the Service, the subscriber needs to go to the website that provides the “MAGIC ENGLISH” service at https://lp.magicenglish.viva.am address with activated mobile data service of mobile cellular communication network of Viva.

3.2 In order to get access to the Media Content, it is necessary to activate the service “MAGIC ENGLISH” in the following way:

●        confirm the activation on the http://lp.magicenglish.viva.am website;

●        send an SMS to the number 3090 with text “Start1” for a daily subscription, “Start7” – for a weekly subscription, and “Start30” – for a monthly subscription and follow the instructions provided in response SMS.

3.3 Upon activation of the “MAGIC ENGLISH” services for the first time, the Subscribers gets trial usage period within 1 (one) calendar day from the moment of its connection for the first time.

3.4 Within 1 (one) day prior to the expiration of trial usage period for the “MAGIC ENGLISH” service, after the activation of the Content Services on the conditions of subscribing to the Content for the first time, an SMS message will be sent to the subscriber from number 3090 with information about the automatic extension of the service, its cost and ways to unsubscribe.

If the Subscriber has not turned off the service, in case there are sufficient funds on the Subscriber's Personal Account to pay for the “MAGIC ENGLISH” 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 Terms.

After “MAGIC ENGLISH” service activation, an SMS is sent to the Subscriber from the number 3090 with information about subscription, price, and about the first charging from the Customer’s account.

3.5 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 “MAGIC ENGLISH” services, 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, for the time period according to the performed payment.

3.6 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 the subscription, after the expiration of subscription period.

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

●          on https://lp.magicenglish.viva.am website;

●          by sending an SMS-request with the text “Stop” to the number 3090.

3.8 The Subscriber shall use the “MAGIC ENGLISH” only for the purposes envisaged by (a) the Conditions, (b) the law in force.

3.9 The Subscriber shall use the “MAGIC ENGLISH” only via the interface provided by Viva; in particular, it is not allowed to use automated tools for access to the “MAGIC ENGLISH” (including scripts, scanners, and similar technologies).

3.10 Upon cancellation, Subscribers lose access to all previously set up configurations of the service.

3.11 The subscription will automatically and continuously renew until the Subscriber requests to unsubscribe from the service through any of the above-mentioned channels.

3.12 Viva reserves the right to terminate the service without prior notice, at its sole discretion, in the event of misuse or fraudulent use of the service by the Subscriber, in which case no entitlement to compensation whatsoever exists.

3.13 The Subscriber shall not take actions that may disrupt or interrupt the work of the “MAGIC ENGLISH” (as well as servers and networks serving Viva), use the Media Content provided through the “MAGIC ENGLISH” for the purposes of disrupting or interrupting the operation of servers, networks or websites operated by Viva or a third party.

3.14 The subscriber shall not reproduce, copy, sell, exchange, or resell the content of the “MAGIC ENGLISH”. Exceptions are the cases as otherwise stipulated by a separate agreement with Viva.

3.15 The Subscriber is held solely liable for (with the release of Viva from liability before the Subscriber or any other third party) the use of the “MAGIC ENGLISH” 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).

3.16 The subscriber acknowledges that Viva and/or third parties have all the property and possessory rights to Media Content distributed through “MAGIC ENGLISH”, 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 and refrains from prompting 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.

3.17 By accessing the Service from the Operator and its suppliers, the Subscriber agrees to observe and abide by all intellectual and industrial property rights, including copyrights or trademarks available through the Service that are owned by the Operator and to any third-party license or providing content to the Operator. As a user, the Subscriber does not acquire any ownership rights over the Service, software or content, including names, titles, words, phrases, logos, patents, and trademarks, literary and other artistic works, that is or once was made available through the Service.

3.18 The Subscriber is granted a non-exclusive, non-transferable, revocable license to access and use the content strictly in accordance with the present terms and conditions of use. The Subscriber shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in the Service.

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

3.20 When using the “MAGIC ENGLISH” service, the Subscriber agrees to receive non-billed informational messages with service news from the number 3090.

4. Payment of Services

4.1 The price of Content Services on conditions of subscription to the content is determined on the basis of the applicable tariffs set for content services provided by Viva, and is indicated at https://lp.magicenglish.viva.am and Viva’ official website.

4.2 Upon first-time order of the “MAGIC ENGLISH”, the tariffication of the service provides for a trial usage period within 1 (one) calendar day from the date 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 on the https://lp.magicenglish.viva.am website, and also, if the service is activated by sending an SMS request to the number 3090, the Subscriber will receive a non-billed informational SMS.

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 the Subscriber, after activating the Content Services on Conditions of Subscription to the Content for the first time, and before the expiration of the trial period for using the “MAGIC ENGLISH” service, did not deactivate the service (clause 3.7), and there are enough funds on the Subscriber’s Personal Account for payment of “MAGIC ENGLISH”, the service is automatically extended for a new similar period.

4.5 Tariffication of the service “MAGIC ENGLISH” is made with a one-time charge of funds from the Personal Account of the Subscriber starting from the first day of the provision of services within the period chosen by the subscriber (daily, weekly or monthly). When the Subscriber does not have sufficient amount of funds, the provision of Content Services is not being performed.

4.6 If at the time of an attempt to extend the service there are not enough funds at the Subscriber's Personal Account to pay for the “MAGIC ENGLISH” services, the provision of the Content Service is suspended and charging of funds thereon is not performed.

4.7 Incoming/outgoing mobile Internet traffic during data transmission during access to the “MAGIC ENGLISH” service under 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 “MAGIC ENGLISH” services 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 and SMS services is made per the tariff set for the service of international data/SMS roaming, in compliance with the applicable price list set for tariffs of Viva for the international roaming services.

5. Intellectual property

5.1 All content is protected by intellectual property rights and other laws including but not limited to the RA Civil Code, RA Civil Procedure Code, relevant RA laws on property rights, and is marketed through licensing agreements with their rightful owners.

5.2 Getting access to the service from Viva and its partners, the Subscriber agrees to observe and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to Viva and to any third-party content licensor of Viva that is made available through the service. As a user, the Subscriber does not acquire any ownership rights over the content, including names, titles, words, phrases, logos, patents and trademarks, literary and other artistic works, that is or once was made available through the service.

5.3 The Subscriber’s use of the service does not entitle the Subscriber to make any unauthorized use of any protected content, and in particular, delete or alter any proprietary rights or attribution notices in any content. The Subscriber uses the protected content solely for personal use, and makes no other use of the content without the express written permission of Viva and the copyright owner. The Subscriber agrees not to acquire any ownership rights in any protected content. Viva does not grant the Subscriber any licenses, express or implied, to the intellectual property of Viva or other licensors, except as expressly authorized by the present Terms.

5.4 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 Media Content downloaded through it, including data loss, regardless of whether Viva had any assumptions about the possibility of such damage.

6. Final provisions

6.1 Viva reserves the right to modify or change, at any given time and without any previous notice, the current terms and conditions of using “MAGIC ENGLISH” services at https://lp.magicenglish.viva.am.

6.2 Any act of omission or tolerance on the part of Viva to demand strict compliance with obligations or the exercise of any right arising out of these Terms/Regulations shall not constitute an ovation or waiver nor affect their right to exercise it at any time.

6.3 If any provision of this document is considered invalid, void, illegal, or unenforceable by any court, such decision shall not affect the validity of the remaining provisions, which shall remain in force and effect.

6.4 Viva has the final say on any issues not addressed in this agreement.

6.5 Each of the services provided by Viva through its websites and portals are subject to their own terms and conditions. By accessing or otherwise using the service, the Subscriber acknowledges that he has read carefully all applicable terms and conditions, which form an integral part of the present terms.

6.6 The legal relations that have arisen between the Parties under these Terms are regulated by the current legislation of the Republic of Armenia. Within the framework of these Terms, disputes and disagreements between the Parties shall be resolved in accordance with the judicial procedure established by the legislation of the Republic of Armenia.