Terms of use

PREAMBLE

This Agreement governs the use of the Benefits+ audiovisual service (hereinafter referred to as the Service) by Users.

SECTION 1. TERMS

1.1. Service - an audiovisual service, information system and programs (applications) for authorized devices of the User (TV sets) used to organize the distribution on the Internet of a set of audiovisual works and programs (TV channels) of broadcasting organizations, access to which is provided on a paid basis, free of charge or subject to viewing advertising aimed at attracting the attention of consumers located on the territory of the Administrator and/or the User, called “Benefits+”

1.2. Administrator - KIVI SMART PURCHASING Limited Liability Company, registration code 01-09-345540, registered and operating in accordance with the laws of Hungary, location: 7, 1054, Szabadság tér, 1054 Budapest, Hungary.

The Agreement is the sole and complete source of the terms and conditions for the User's use of the Service and regulates all issues related to the provision of such access, unless otherwise provided by the terms of work of the Administrator's Partners. The User shall be notified of such terms and conditions through the Service interface, including through banners, notification windows and other means of communication, including e-mail messages.

1.3. User - any individual who has reached full civil capacity in accordance with the requirements of the User's country of residence or country of location, who has opened the Benefits+ software application, registered and uses the Service, and has agreed to the terms of the User Agreement and its integral annexes.

An individual who has not reached the required age must refrain from using the Service, as well as from accessing the content or paying for access to the content of third parties. Otherwise, the responsibility for violation of the terms of the Agreement by an individual who has not reached the required age shall be borne by parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of the Applicable Law.

The Administrator shall not be responsible for the legality of viewing/listening to/paying for the Content by an individual, including the possibility of supervising the viewing of films with a limited audience.

1.4. Profile - User account.

1.5. The Rules are a set of provisions and interpretations governing the relationship between the User and the Administrator, containing all necessary and essential conditions for the use of the Service and intellectual property by the User, restrictions, conditions for suspension and termination of the use of the Service, liability of the Parties, and other relations of the Parties related to the use of the Service.

1.6. The Parties - the Administrator and the User, are parties to this Agreement.

1.7. Intellectual property - the results of intellectual activity, namely copyright objects; objects of related rights; objects of industrial property rights; means of individualization, including, but not limited to, trademarks, know-how, trade names, inventions, utility models, industrial designs, program code, audiovisual effects, design themes, works of art, graphic images, sound effects, musical works (with and without lyrics), both registered and unregistered, as well as all additions, supplements and modifications thereto; intellectual property rights belonging to the Service Administrator, as well as the Content posted on the Service, the intellectual property rights to which belong to its owner.

1.8. Content means audiovisual works, videograms, TV channels (programs (broadcasts) of broadcasting organizations), graphic, text and other materials, access to which is provided to Users through the Service.

1.9. Access to the Content means the provision by the Administrator to the User of services for searching, processing, receiving, viewing information (content) and other similar actions to access the User's Authorized Devices via the Internet. The Administrator has the right to provide various types of access to the content within the Service, as well as to integrate the Content provided by third parties and third party Services, conduct advertising campaigns, provide targeted advertising, conduct statistical research and surveys. The term of validity of the provision of access to the Content shall be calculated from the moment of registration of the User in the Service.

1.10. Access Identifier (access code) - a set of characters that allows the User, by activating (entering) it, to obtain personal access to view the Content on the Service. The User can purchase Access Identifiers in the Company's Partners' retail networks, in accordance with the type of access to the Content chosen by the User.

1.11. Operator means the owner or supplier of the Content posted in the Service Application.

1.12. Authorized User's device - smart TVs manufactured under the KIVI trademark.

1.13. Bonus point – a conditional virtual unit that accumulates on the User's bonus account and is used to exchange for Access to the Content in the Service.

1.14. The Administrator's Partner (Partner) is a third party (legal or natural) with whom the Administrator has signed a contract or memorandum of cooperation. The Administrator's cooperation with the Partner includes, but is not limited to, the following

- placement of the Partner's Content on the Service;

- formation of Content sets that include Content from both one and several Partners at the same time;

- setting the value of the Content sets in Bonus Points;

- placement of Access IDs and/or gift vouchers in the Partners' retail networks;

etc.

1.15. Partner's Offer (Offer) is a type of content provided to the Administrator by the Partner for posting on the Service. The Partner's Offer gives the User the right to use the preferences provided by the Partner to purchase goods or receive services of the Partner. Direct purchase of goods and/or receipt of services by the User from the Partner takes place outside the Service.

SECTION 2. GENERAL PROVISIONS

2.1 This Agreement applies to all Users of the Service, regardless of the purpose of its use.

The Agreement applies to Users from the moment of registration in the Service. Clicking the “Register” button means the User's full and unconditional consent to this Agreement. In case of disagreement with the Agreement, the User undertakes to immediately stop using the Service.

2.1.1. By purchasing and activating the appropriate Access Identifier (code) in the trading network of the Administrator's Partner, the User receives personal access to view the Content posted on the Service.

2.2. The subject matter of this Agreement is the relationship between the Administrator and the User regarding the use of the Service and the results of intellectual activity posted on it, the provision of access to the Content, as well as the use of other services of the Service by the User.

2.3. The User warrants that when using the Service, he/she does not and will not take any actions aimed at bypassing technical means of protection against unauthorized use of the Service, viewing/listening, copying the Content, in particular, systems of territorial restriction of access to viewing the Content by IP addresses, as well as any other actions aimed at changing the functional characteristics, destabilizing the operation of the Service.

2.4. The Service is provided solely for use by the User for personal non-commercial purposes. Use for other purposes is expressly prohibited.

2.5. The current version of the Agreement is constantly posted directly on the Service. The Administrator reserves the right to amend or supplement this Agreement at any time without prior notice. Continued use of the Service by the User after making changes and/or additions to this Agreement means acceptance and consent of the User to such changes and/or additions.

SECTION 3. REGISTRATION. ACCESS TO THE SERVICE AND PROVISION OF INFORMATION

3.1. To gain access to the Service, the User shall register a Profile in the Service. The User guarantees the authenticity and accuracy of the data specified during registration, while the Administrator does not verify the information provided, and the responsibility for violation of the terms of this clause of the Agreement lies with the User.

3.2. Registration is a volitional action of the User aimed at accepting the terms of this Agreement. Registration is carried out by sending a letter to the User's e-mail address, which contains a link to the User's web cabinet, where the User must specify a password to enter the Profile.

3.3. Registration takes place by entering a password, which is the User's identifier in the Service. User passwords are stored in an encrypted form. The Administrator does not have access to the Users' passwords.

3.4. The next login to the Profile is carried out by authorization.

3.5. The User is solely responsible for the safety of identification data (password), including the absence of access to them by third parties. All actions in the Service performed in relation to the Profile are performed by the User.

3.6. The User has the right to terminate the use of the Service and refuse the profile created by him/her by sending a request to the Administrator to the e-mail address [email protected] to delete the Profile from the Service. The Administrator shall delete the User's Profile within 30 calendar days from the date of receipt of the request.

3.7. The use by the User of the Service, any of its services means the unconditional consent of the User to all clauses of this Agreement. In case of disagreement of the User with any of the terms of this Agreement, the User is obliged to refuse further use of the Service.

3.8. The content of the Service contains offers of Partners that can be used by the User:

- Link - free QR codes for current promotions from well-known brands;

- Promocode - offers that allow you to save up to 1000 UAH using a promotional code;

- Extra - exclusive offers with savings for the user of more than 1000 UAH.

3.9. With the help of the filter, Users can quickly find the desired offer by search criteria (location, type of discount, category of goods or services).

3.10. The User can take advantage of the Partners' offers by using bonus points from the bonus account.

3.11. The User can receive bonus points to the bonus account in the following ways:

- receive bonus points from the Service for registration. The Service has the right to independently determine the amount of bonus points accrued for the User's registration, depending on the country of residence of the User, promotions, restrictions of the legislation in force in the territory of the User's residence;

- redeem a gift voucher. Gift vouchers are provided to Users during promotions in retail chains or are available for purchase in retail chains;

- replenish the bonus account by purchasing bonus points through the User's personal account;

- activate an access identifier (code) purchased in the retail network of the Administrator's Partner, which provides the User with Access to the Content regulated by each specific access identifier (code).

3.12. By clicking on the link to the Partner's website, the Administrator is not responsible for providing access/services/goods by the Partners to the Users. This issue is regulated by the policies and rules of the Partners.

SECTION 4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Administrator provides the Users with access to the Service in smart TV via the Internet, access to the Content with the required level of access security and maintenance breaks, in the manner and on the terms provided for in this Agreement. The User undertakes to use the Service only for personal non-commercial purposes, to comply with the terms of this Agreement, not to violate the rights and legitimate interests of the Administrator and/or the Content owners.

4.2. The User agrees to immediately notify the Administrator of any security breach related to access to the Service and/or committed using the User's e-mail without the User's knowledge and consent. To the extent possible in accordance with Applicable Law, the Administrator shall not be liable for any consequences of a security breach, including loss or damage to data, resulting from third parties' access to the Service using the User's ID.

4.3. The Administrator provides automated means of access to the Service. At the same time, the Administrator reserves the right to restrict the use of these tools, as well as to temporarily or completely stop their operation. To the extent possible in accordance with Applicable Law, the Administrator shall not be liable for the loss of information for access to the Service caused by the User, as well as for any consequences that may arise as a result.

4.4. The User agrees with the right of the Administrator to prohibit the use of certain logins (e-mail) and block access to the Service using them.

4.5. The User agrees to comply with the terms of this Agreement. The User also agrees that the Administrator shall not be liable for changes or restrictions on access to the Content provided by third parties, including on a paid basis.

4.6. The Administrator reserves the right, but is not obliged, to moderate all materials posted by Users on the Service (if such possibility is provided by the current version of the software), i.e. to monitor the content of these materials and, if necessary, to delete or move them without notice if they violate this Agreement or any Applicable Law or regulations.

4.7. The Administrator shall have the right to restrict or block access to the Service or take other actions in relation to the User, in the specific circumstances set forth in this Agreement or if the Administrator has reason to believe that the User has violated the terms of this Agreement or the provisions of Applicable Law or the legally protected rights of third parties in the event of a targeted complaint from them, without compensation to the User for the paid cost of services on a prepaid basis.

4.8. Unless otherwise expressly provided by the mandatory provisions of the Applicable Law, in case of violation of the terms of the Agreement by the User, the Administrator shall have the right to take measures necessary to protect these terms and its interests, as well as the rights and interests of the owners of the rights to the Content, and shall also have the right to take any measures that do not contradict the current legislation in order to prevent unauthorized access to the Service, destabilization of the Service and other actions that may violate the rights and legitimate interests of the Administrator and/or the owners of the rights to the Content. Thus, inaction on the part of the Administrator in case of violation of the terms of the Agreement by the Users does not deprive the Administrator of the right to take the necessary measures to protect its interests later and does not indicate the waiver of the Administrator of its rights in case of such violations in the future

SECTION 5. THIRD PARTY SERVICES. PAYMENT FOR SERVICES. REFUNDS

5.1. Access to the Content may be formed into packages or provided by integrating third party resources into the Service. The Administrator, its affiliates and partners have the right to provide various types of services within the Service that do not violate the terms of the Applicable Law.

5.2. Initial access can be granted after specifying a phone number/email and entering a password (access code) in the appropriate field of the application.

5.3. Access to the Content of the Integrated Services may be provided without additional payment or subject to viewing advertising. In both cases, the Administrator may require registration before obtaining such access. Access to the Content, as specified in this clause, is subject to the terms of this Agreement and with the consent of the User.

In some cases, the Administrator has the right to offer the User to choose any other available package for a new period, taking into account and based on the package previously ordered by the User. The User has the opportunity to familiarize themselves with the proposed new service package and, if they are not satisfied with it, independently select any current package and switch to the new terms of service or refuse to receive services at the changed tariff and terminate the Agreement early. At the same time, the terms of access to the Content of third-party services integrated into the Service may be set by such third parties and prevail over this Agreement. The Administrator shall not be responsible for the operation, content and functioning of applications/information of third parties/Partners integrated into the Service.

5.4. The Administrator reserves the right to remove any Content from the Service at any time without notifying the User, including in connection with the expiration of the license agreements between the Administrator and the copyright holder and/or add any content to the Service without notifying the User.

5.5. The Administrator has the right to provide users of the Service with loyalty programs, promotions, and incentive offers, more detailed information about which can be found directly on the Service.

5.6. By using the means of the Service, the User may be offered the provision of services by third parties, including on a paid basis, in the form of advertising and/or in any other way. The procedure for the provision of services by such third parties is governed by agreements between the Users and such third parties. This Agreement does not apply to the respective legal relations of the Users with third parties providing access to the Content.

5.7. There is no refund for replenishment of the User's bonus account.

SECTION 6. INTELLECTUAL PROPERTY

6.1. All intellectual property rights to use the Service belong to the Administrator and/or its affiliates/partners/other persons, and to the Content posted on the Service belong to its legal owner and are protected in accordance with the provisions of the current intellectual property legislation.

6.2. In accordance with the terms of this Agreement, the Administrator provides the User with non-exclusive Access to the Content, without the right to transfer and without the right to issue sublicenses, limited to the actual use of the Service and applicable territorial restrictions (which may be established by the Operators), by viewing the Content for personal non-commercial use.

The rights to use the Intellectual Property granted under this Agreement are subject to the User's compliance with the terms of this Agreement. The User confirms that no rights to the Intellectual Property are transferred or assigned under this Agreement, and this Agreement may not be interpreted as a transfer (alienation) and/or assignment of any rights to the Intellectual Property.

6.3. The User shall not be entitled to reproduce the Content/parts of the Content (including copying/downloading) in the memory of the User's electronic computers, sell, otherwise alienate, publicly display, publicly perform, publicly notify, make public, as well as the right to make other use of the said intellectual property not specified in this Agreement, including their sale, modification, distribution in whole or in part, etc. (unless otherwise provided by mandatory provisions of the Applicable Law).

6.4. All rights not expressly provided for in this Agreement shall be deemed not granted to the User.

6.5. Any action or attempt to take actions aimed at obtaining unauthorized access to the Content, in particular without making proper payments, by interfering with the hardware or software component, product hacking, etc. shall be considered a violation of copyright or other rights and/or interests of the Administrator or Operators, and the User shall be solely liable for such actions under the Applicable Law.

6.6. The term of access to the Service in accordance with this Agreement shall begin from the moment the User accepts this Agreement by clicking the “Register” button and shall expire on one of the following dates, whichever occurs first: the date of deletion of the Profile by the User or the Administrator, the date of expiration of paid access to the Content (if such payment is provided for by agreements with third-party providers of paid access services) or the date of termination of this Agreement or the term of the promotional offer.

Access shall be terminated immediately if the User attempts to circumvent any technical protection used in connection with the operation of the Service or otherwise uses the Intellectual Property or the Service in violation of the rules established by this Agreement.

6.7. The Administrator and/or its affiliates/partners/other rights holders shall retain all rights, title and exclusive intellectual property rights belonging to the Administrator and/or such persons, unless otherwise expressly provided by the terms and conditions specified in the provisions of the Applicable Law.

6.8. The User shall be liable in case of violation of the Intellectual Property of the Administrator and/or its affiliates/partners and the Content copyright holders in accordance with the Applicable Law and international legal norms.

6.9. The Administrator reserves the right to block any information posted by the User that infringes the Intellectual Property or any other exclusive and/or personal non-property rights of third parties, at the request of their right holder or without it.

SECTION 7. PERSONAL DATA

7.1. The rules for processing personal data of Users are described in the Privacy Policy.

7.2. The Administrator does not verify the accuracy of the Personal Information provided by the Users and does not exercise control over the legal capacity of the Users.

7.3. The Administrator assumes that the User

7.3.1. provides accurate and sufficient Personal Information, including on the issues proposed in the questionnaire/registration form, and keeps this information up to date

7.3.2. has all the necessary rights to register and use the Service.

SECTION 8. TECHNICAL REQUIREMENTS

8.1. The User acknowledges and agrees that access to the Service is provided to the User only through Authorized devices. The use of the Service on unauthorized devices is carried out by the User at their own discretion and does not entitle the User to make claims or demands regarding the performance of the Service on an unauthorized device.

8.2. The User acknowledges and agrees that the speed of access to the Service and/or access to the content on the Internet may vary due to congestion of the User's channel with traffic from other resources or for other reasons beyond the control of the Administrator. The Administrator shall not be liable for the fact that at a particular time, in a particular place, the User could not access the Service and/or the Content due to low access speed.

8.3. All issues related to the acquisition of access to the Internet shall be resolved by the User independently.

8.4. The quality of presentation of the Services may vary from device to device, location, or bandwidth through a particular Internet connection.

SECTION 9. PROHIBITION OF USE OF THE SERVICE

9.1. The User is prohibited from

9.1.1. Use the Service for commercial purposes.

9.1.2. Sell, otherwise alienate or transfer to third parties the Profile and/or data that allow access to the Content. Providing third parties with access to the Content, including for group viewing and/or reproduction, is a gross violation of the Agreement (except in cases and to the extent provided for by Applicable Law). The Administrator reserves the right to block such User Profile without notice and/or block the acceptance of payments by payment cards of the User and/or Users used to access the Content, disable the Service or use other means to prevent unauthorized transfer of access to the Content to other Users or third parties.

9.1.3. Reproduce, duplicate, copy, sell, resell, or use in any way for any commercial purposes the Service and/or any part of the content of the Service without the written consent of the Administrator and/or the copyright holders of the intellectual property posted on the Service.

9.1.4. Upload, post, transmit using the software of the Site, the Service and/or by any other means of publication texts, programs, images or materials that promote terrorist activities, or incite national, racial or religious hatred, as well as reflect or promote violence or death, containing descriptions or images of harm to minors in any form, including any form of pornography.

9.1.5. Upload, post, transmit through the Service software, or in any other way publish texts, programs, images or materials containing obscene materials and information in any form that encourages illegal activities, including gambling, illegal sale of weapons or drugs.

9.1.6. Commit or allow the commission of criminal or destructive acts that are prosecuted under applicable law.

9.1.7. Upload, store, use or transmit any advertising information, description of fraudulent schemes, network marketing (MLM) schemes, Internet earning systems, etc.

9.1.8. Download, store, use or transmit any information that violates the intellectual property rights of third parties.

9.1.9. Impersonate another person or representative of an organization and/or community, as well as mislead other Users.

9.1.10. Collect and store information about other Users outside the Service in manual or automated mode.

9.1.11. To interfere with the operation of the Service in any way, including creating, distributing or using computer programs or other computer information intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of computer information protection means, as well as intended to disrupt, destroy or limit the performance of any computer or telecommunications equipment or programs (computer viruses), for unauthorized access, as well as serial numbers of commercial products.

9.2. By using the Service, the User undertakes not to violate his/her information security, namely, not to perform the following actions:

- not to attempt to check the vulnerability of the Service security systems, not to violate the registration procedures in the Service;

- not to try to create obstacles in the use of the Service by other Users, including by spreading computer viruses, data corruption, constant sending of repetitive information, simultaneous sending of a large number of e-mails and/or requests to the Service in order to deliberately disable the site / server of the Service and other actions that go beyond the normal use of the Service for its intended purpose and can intentionally or negligently cause failures in its operation;

- not to send to the Users of the Service materials to which they have not given their consent, any letters and advertisements without the permission of the Administrator;

- not to imitate and/or forge any TCP/IP packet header or any part of the header in any e-mail or material posted on the Service;

- not use or attempt to use any software or procedure to navigate or search the Service, except for the search engine built into the System, as well as traditional and publicly available browsers.

9.3. Violation of the provisions of clauses 9.1-9.2 of this Agreement shall be grounds for the Administrator's unilateral refusal to further provide the Services.

SECTION 10. LIMITATION OF LIABILITY

10.1. The Administrator shall not be liable in case of direct or indirect financial or other losses of the Users caused by temporary interruptions in the operation of the Service for the following reasons: planned or unscheduled technical and preventive maintenance, technical failures of Internet providers, computer networks, servers and facilities, as well as illegal actions of third parties, intentional, unintentional (including negligent) actions of the User and/or force majeure. At the same time, the Administrator undertakes to make every effort to restore the Service's functionality as soon as possible.

10.2. The Administrator shall under no circumstances be liable for violation of the Intellectual Property of third parties if such violation was caused by the creation, uploading, posting, copying or modification of information, materials or images on the Service by the Users.

10.3. In the event of any claims, lawsuits, or any other requirements related to the use of the content (or similar services) by the User or a third party from the User's account, the User shall be obliged to settle the above claims/claims/claims at their own expense and reimburse in full all costs and losses incurred by the Administrator.

10.4. The Administrator shall have the right to restrict or terminate the User's access to the Service in case of violation by the User of the terms of this Agreement, applicable law applicable to the Agreement. In case the restriction/termination of access to the Service is due to the User's fault, including as a result of the above actions, the funds paid by the Users for Access to the Content (if such a fee is provided) are non-refundable. The Administrator shall not be liable for any damages that may be caused to the User by such actions.

10.5. The Administrator shall under no circumstances be liable for violation of the requirements of the legislation governing the processing of personal data, if such violation occurred as a result of violation by Users or third parties to whom personal data was transferred with the consent of the User and/or his/her legal representative, the requirements of the law and the terms of this Agreement.

10.6 This limitation of liability may be applied to the maximum extent permitted by law. This limitation of liability shall not apply to the extent that any specific limitation of liability is expressly prohibited by Applicable Law. At the same time, the other provisions of this Agreement shall remain valid and the Parties undertake to comply with them to the maximum extent possible, as well as to replace the provisions that contradict the mandatory provisions of the applicable law with provisions that are as close as possible to them in content and permissible under the legislation applicable to this Agreement.

10.7. In no event shall the Administrator be liable for any damages (except as provided by the Applicable Law).

10.8. Unless otherwise provided for by Applicable Law, the Administrator shall not be responsible for the content, reliability and accuracy of advertising information posted on the Service, as well as for the quality of the advertised goods/services.

SECTION 11. WARRANTY

11.1. The Service, including its additional features, is provided to the User “as is”. The Administrator does not assume and hereby disclaims any express, implied or statutory warranties, including, but not limited to, warranties of condition, uninterrupted use, data accuracy, achievement of certain results, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, as well as warranties (if any) arising from the usual practice of business transactions, use of business customs, customs of business turnover.

11.2. The Administrator does not warrant: the absence of failures when the User uses the Service; that the Service will meet its requirements, the operation of the Service will be uninterrupted or error-free, or that the Service will interact or be compatible with any other services of the Administrator, or that any errors in the Service will be corrected. To the extent that Applicable Law does not allow the exclusion or limitation of warranties or the application of limitations on statutory consumer rights, the above exclusions and limitations shall apply to the fullest extent permitted by law.

SECTION 12. FINAL PROVISIONS

12.1. The Administrator reserves the right to immediately, without prior notice to the User, restrict or block access to the Service or take other actions against the User who has violated the terms of this Agreement, without compensating such User for the cost of services on a prepaid basis (if such fee is charged).

12.2. By registering with the Service, the User agrees and confirms his/her acceptance of all provisions of the Agreement, as wellas compliance with all conditions reflected in the registration forms and necessary for successful registrati on.

12.3. This Agreement may be terminated by the Administrator unilaterally in case of violation of its terms by the User. In this case, the User shall immediately terminate access to the Service and use of the Intellectual Property.

12.4. If one or more provisions of this User Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will be fully preserved.

12.5. The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the country in which the party named at the beginning of this Agreement is located. These Terms do not limit the rights to consumer protection that exist in accordance with the laws of the country of residence of the User.

12.6 The Administrator shall try to resolve any disputes with the User peacefully through direct contact. In case of occurrence and/or detection of problems in the operation of the Service, please send an e-mail to: [email protected]. Notwithstanding the foregoing, we inform you that if the User acts as a consumer and has the opportunity to resolve disputes electronically through the European Union ODR online platform for complaints and redress related to their contracts, the platform can be found at http://ec.europa.eu/consumers/odr/. Consumers can also seek assistance from a consumer ombudsman or non-governmental organizations that protect consumer rights.”