General Terms and Conditions for the Provision of Services on the FTime Platform
This document regulates the procedure and conditions (hereinafter, the Terms) under which F NET Limited Liability Company (hereinafter also referred to as the Operator) provides services on the FTime platform (hereinafter, the Services).
1. Definitions
1.1. Operator: F NET Limited Liability Company (State Registration No. 282.110.06506; registered office and business address: 57/4 Zavaryan Street, Yerevan; Licence No. 1127 for the operation of a public electronic communications network in the territory of the Republic of Armenia; website: https://www.fnet.am; hereinafter, the Operator), which provides services for the retransmission or provision of audiovisual programmes and materials under Licence No. KH N 326, issued pursuant to Decision No. 159-A of the Television and Radio Commission of the Republic of Armenia dated 18 October 2021.
1.2. Services: services for the retransmission or provision of audiovisual programmes and materials on the FTime platform.
1.3. Package: a type of Service comprising several Audiovisual Materials and/or services and having its own features, validity period, name and price, including the FTime and FTime Max packages. These include television-channel retransmission and the viewing of films from a digital video library through an online television and media platform, including film rental and purchase services at the Subscriber's request. Where the Subscriber uses any of these packages, a detailed description of the services included in that package shall be provided in an Annex.
1.4. User: a person using the Operator's Services who has unconditionally and fully accepted these Terms.
1.5. Content: audiovisual programmes, films or materials retransmitted/displayed on the FTime platform.
1.6. Authentication (Authorisation): verification of a User who applies for access to the Service, using a telephone number, email address or other required information.
1.7. Audiovisual Material: an audiovisual work identified in the Operator's Catalogue and protected by copyright.
1.8. Non-linear audiovisual information (video rental, TVOD, SVOD, AVOD, etc.): Audiovisual Material provided by the Operator from a catalogue for viewing and/or listening at the time selected by the User and at the User's request.
1.9. Personal Account: access, by means of an individual password and code, to a dedicated platform within the services provided by the Operator, where Users may perform actions related to the Services, including receiving notices, messages and reminders, and restricting, deactivating or activating certain services.
1.10. FTime Electronic Application or Electronic Application: software meeting the Platform's requirements, downloaded to the User's Terminal Equipment and enabling the User to access the Service.
1.11. Annex: a document prepared on the basis of the Offer Rules that sets out the individual terms agreed with the Subscriber.
1.12. Offer Rules or Rules: the rules published on the Operator's website for the provision of television, internet, intercom and other services, which the Operator may amend, supplement or restate from time to time at its discretion.
1.13. Agreement: the Offer Rules together with the Annex signed by the Company and the Subscriber.
1.14. FTime Platform or Platform: the integrated software and hardware system that enables provision of the Service.
1.15. Rights Holder: a natural or legal person holding rights in Audiovisual Material.
1.16. Reporting Period: one calendar month.
1.17. Payment: the transfer of funds by the User through a payment card in consideration for the Service.
1.18. Linking a Payment Card: the act of saving Card details by entering them for the purpose of making payments for the Service.
1.19. Issuing Bank: a bank that is a member of payment systems, has a contractual relationship with the cardholder and issues the Card or Cards placed at the cardholder's disposal.
1.20. Acquiring Bank: a legal entity that provides internet-acquiring services under an agreement with the Operator.
1.21. Promo Code: a combination of numeric characters and/or letters which, when entered by the User, grants access to a Package.
1.22. User Registration (Registration): provision by the User, using the prescribed form, of the information required for Authentication in order to access the Service.
1.23. Ancillary Equipment: equipment containing the relevant software and interface and providing access to the Service. Terminal Equipment means equipment used by the User (television set, computer equipment or mobile telephone) that is connected to the Platform through appropriate software and enables the Subscriber to receive the Services.
2. Procedure and Conditions for the Provision of Services
2.1. On the FTime platform, the Operator provides services for the retransmission or provision of audiovisual programmes and materials.
2.2. The Services are provided on an 'as available' and/or 'as is' basis.
2.3. By clicking the 'I Confirm' button, the User gives unconditional consent to the Terms. The use of data associated with an electronically completed communication shall be deemed fully equivalent to a handwritten signature, shall enable identification of the person signing electronically, and shall express that person's intent.
2.4. Acceptance of these Terms by the User constitutes conclusion of an Agreement between the Operator and the User. From the moment the User accepts these Terms, the User acquires the rights and obligations established herein.
2.5. The Operator may amend these Terms at any time by publishing the amendments or the revised Terms at least 3 (three) days before they enter into force. If the User does not agree to an amendment, the User must cancel the Registration. Continued use of the Service constitutes acceptance of the amended Terms. Cancellation of Registration by the User constitutes termination of the Agreement between the Operator and the User.
2.6. Legal relations arising under these Terms are also governed by the rules published on the Operator's website for the provision of television, internet, intercom and other services (hereinafter also the Offer Rules or Rules), which the Operator may amend, supplement or restate from time to time at its discretion.
2.7. In the event of any conflict between these Terms and the Offer Rules, these Terms shall prevail.
2.8. In accordance with Article 453 of the Civil Code of the Republic of Armenia, these Terms constitute a public offer addressed to an indefinite number of persons and express the Operator's intention to enter into an agreement on the terms stated below.
2.9. This public offer shall be deemed accepted by the User only when the User completes the actions required by the Operator for acceptance.
2.10. The User may access the Platform through Terminal Equipment only if that equipment is technically capable of connecting to the internet.
2.11. The Operator may limit the number of items of Terminal Equipment used by the User to receive the Service, as well as the number of simultaneous sessions on multiple items of Terminal Equipment.
2.12. Full provision of the Services requires an internet connection speed of at least 10 Mbps.
2.13. Where the relevant devices are available, the User may use the Service subject to the following specifications:
2.13.1. A device running the iOS operating system must meet the following specifications:
- For tablets: iOS 11 or a later version;
- For smartphones: iOS 11 or a later version;
2.13.2. Devices running the Android operating system must meet the requirements of the Android Compatibility Definition Document:
- For tablets: Android 9.0 Pie (API Level 28) or a later version;
- For smartphones: Android 9.0 Pie (API Level 28) or a later version;
2.13.3. Any Smart TV, or Android TV running Android 9.0 or a later version.
3. Subscription to the Services
3.1. User Registration is completed by filling in the registration form available in the Electronic Application.
3.2. When completing the Registration form, the User shall provide only accurate, complete and reliable information and shall be responsible for providing false or incorrect information.
3.3. The User registers for and uses the Service solely in the User's own name, voluntarily and at the User's own risk.
3.4. A registered User may complete Authentication in the Electronic Application.
3.5. By entering personal data during Registration, the User consents to the Operator processing such data to improve the Service and make it more targeted. This consent remains valid for as long as the User's Registration is valid. The User may withdraw consent to the processing of all or part of the personal data provided at any time by sending notice to the email address specified by the Operator.
3.6. By registering, the User consents to receive advertising and informational communications from the Operator by email and/or telephone and/or through other messaging applications (Messenger, Viber, WhatsApp, etc.).
3.7. One User account may be created per telephone number.
3.8. The User may subscribe to the Services using devices running iOS or Android.
3.9. After the information has been entered, the User shall receive a notification containing the username and password. The User may not change the assigned username and password on the User's own initiative. The username and password shall be updated periodically, and the Operator shall notify the User accordingly.
3.10. Notices sent by the Operator shall be deemed duly delivered if sent by any method specified in the Offer Rules or to the telephone number provided by the User. If the telephone number changes, the User must inform the Operator within 5 (five) business days after the change.
3.11. If the User fails to notify the Operator of a change in telephone number, the User shall bear all adverse consequences arising from failure to receive notices because of that change.
4. Conditions of Use of the Service
4.1. The conditions for granting the User access to Audiovisual Materials available on the Electronic Platform are determined by the Operator and the Rights Holders. In the event of any conflict or discrepancy between special conditions applicable to the use of specific Audiovisual Material or a Package (Special Conditions) and these Terms, the Special Conditions shall prevail.
4.2. Where Special Conditions apply to the use of a particular Package or Audiovisual Material, the Operator shall publish them in advance through its information channels.
4.3. The territory in which the Services are provided is the Republic of Armenia. Accordingly, the User may access the Service only within the Republic of Armenia. The User may not use a VPN or similar technology to access the Service from outside the Republic of Armenia.
4.4. The User bears responsibility for all consequences of using the Services. The User also bears responsibility for all consequences arising from the use by other persons of Ancillary Equipment or a Promo Code provided to the User.
4.5. The User may not use Terminal Equipment that is incompatible with the Platform. The User shall not transmit information or perform actions that may impose an unjustifiably high load on the Platform; shall comply with the rules governing the use of any technical or information resource; shall not falsify the User's own IP address or other IP addresses used to transmit data through network protocols and the internet; and shall not transmit viruses and/or spam from Terminal Equipment.
4.6. The Operator shall provide the Services with due quality and in accordance with these Terms. The Operator's obligation to ensure continuous and uninterrupted provision of the Service is an obligation to use best efforts, and the Services are provided on an 'as is' basis.
4.7. The Operator advises that interruptions and restrictions may occur during provision of the Services due to circumstances within the Operator's control, problems arising between the Operator's network and other partners, or force-majeure events beyond the Operator's control.
The Operator further advises that interruptions to the Services associated with preventive, scheduled or other maintenance performed by Rights Holders or the Operator may last up to 48 hours in any one month.
4.8. The Operator shall not be liable for deterioration in Service quality caused by a malfunction of the User's Terminal Equipment, the absence of the technical capability to connect to the internet, or other matters beyond the Operator's control.
4.9. The Operator warrants that Audiovisual Materials available in the Electronic Application are offered for video rental on a lawful basis. The Operator is not responsible for the content of those Audiovisual Materials.
4.10. The Operator may impose age restrictions on certain Audiovisual Materials or Packages in accordance with the laws of the Republic of Armenia. Users below the age threshold established by the Operator shall not be permitted to access the relevant Audiovisual Material or Package.
5. Service Fees and Payment Procedure
5.1. Payment for the Service shall be made in advance unless the Operator establishes another payment procedure in the Special Conditions.
5.2. Payment shall be made using the methods specified in the Offer Rules, including online payment systems and Payment Cards, whether by one-time payments or by linking a Card.
5.3. Where payment is made through a linked Card, the User must always ensure that sufficient funds are available in the User's personal account; otherwise, provision of the Service may be suspended.
5.4. The payer bears full responsibility when making payments by Payment Card. If the payer is not the Cardholder, the Operator shall not be liable for any adverse consequences arising from such payment.
5.5. The Service is provided for one month from the activation date and shall remain active thereafter provided that the Service fee has been paid. To use the Service continuously, the User must pay the Service fee before the Service is suspended.
5.6. Where payments are made by bank card, relations between the Operator and the relevant bank shall be governed by the documents concluded between the Operator and the bank.
5.7. The Operator shall not be liable to the User if funds are not credited to the Operator's bank account for reasons beyond the Operator's control, including, without limitation, failures of software or equipment belonging to banks, other payment and settlement organisations, telecommunications operators or other payment intermediaries that facilitate acceptance of the User's payments and their transfer to the Operator.
5.8. The Operator is not required to provide the Services until the funds have been credited to the Operator's bank account.
5.9. By clicking the 'Pay' button, the User unconditionally agrees to the price of the Service.
5.10. If an Agreement for provision of FTime platform services has been concluded between the Operator and the User for a fixed term, then, in the event of early withdrawal from the Agreement or in other cases specified in the Offer Rules, the User shall reimburse the Operator for the aggregate costs actually incurred by the Operator in providing the Services, in the amount and manner specified in the Offer Rules.
6. Refund Policy
6.1. A Payment made by the User shall be refunded only in the cases provided by the laws of the Republic of Armenia and these Terms, including where the Service is unavailable for more than 48 hours through no fault of the User, in which case the refund shall be proportional to the period during which the Service was not provided, or where an excessive amount was charged due to a software or other error. If the User cancels Registration because the User does not agree to amendments to these Terms, amounts already paid shall not be refunded; however, the Service shall remain active for the User until the end of the Reporting Period.
6.2. A refund shall be made only to the same Card used for the payment. The procedure and timeframe for the refund shall be determined by the Issuing Bank.
6.3. No refund shall be made if Registration is terminated at the User's initiative or at the Operator's initiative due to a breach committed by the User.
7. Rights and Obligations of the Parties
7.1. The User has the right to:
- require the Operator to provide the Services properly;
- contact the Operator regarding questions or problems arising in connection with provision of the Service by any of the following means:
- call the Operator's subscriber service centre on the short number 8988;
- visit any of the Operator's sales and service centres;
- submit an online request to the following email address: info@fnet.am;
- before acceptance, contact the Operator through the means specified in this clause to correct any inaccuracies.
7.2. The User shall:
- use the Services for personal, non-commercial purposes;
- read the Terms and any amendments made to them and familiarise themselves with their contents. Continued use of the Services after amendments and/or additions to the Terms enter into force constitutes the User's unconditional consent to those amendments and/or additions. The User's lack of awareness of the current provisions of the Terms does not release the User from the obligations established herein or from liability arising from their non-performance and/or improper performance;
- The User consents to receiving informational and advertising communications, including through the FTime platform interface and the telephone number provided;
- When registering on the FTime platform, the User shall provide only accurate, complete and reliable information and shall be responsible for providing false or incorrect information.
7.3. The Operator has the right to:
- modify daily the list of Content items available to the User on the FTime platform, based on the terms and requirements of the Content Rights Holders. The Operator may change the list of Content, other information posted on the FTime platform, and the operational parameters of the Service without giving the User specific notice;
- make special offers to Users of the Service, further details of which shall be provided separately;
- impose age restrictions on certain Audiovisual Materials or Packages in accordance with the requirements of the laws of the Republic of Armenia. Users below the age threshold established by the Operator may not access the relevant Audiovisual Material or Package. Legal representatives of minors must ensure that access to age-restricted Content is limited to persons of the appropriate age. Users may be informed of an age restriction through an information symbol on Content pages and/or notification messages displayed before viewing and/or listening to the Content and/or otherwise accessing the Content item.
7.4. The Operator shall:
- provide the Services to the User in accordance with the procedure and conditions established by these Terms and the applicable tariff package;
- notify the User of any increase in the price of the Service 30 days before the change enters into force.
8. Intellectual Property and Copyright
8.1. Content accessible through the Service, including design elements, text, graphics, illustrations, scripts, programs, sounds, software and other objects, constitutes the intellectual property of the respective Rights Holders, and all rights in such objects are protected.
8.2. The User shall use Audiovisual Material and other intellectual-property objects made available through the Service solely for personal needs unrelated to business activities and shall not record, copy, reproduce or otherwise use such Audiovisual Material or other intellectual-property objects in any manner not provided for by these Terms.
8.3. Use of Audiovisual Material and other intellectual-property objects in any manner other than as provided in these Terms and the Special Conditions is prohibited, and the User shall be liable for such unauthorised use.
8.4. Unless otherwise provided by these Terms, the FTime platform and its content (including source code, texts, images, photographs, graphics, data, information, structure, software and databases, as well as the Operator's trade name, trademark, product and/or service names, and logos) are the exclusive property of the Operator. Other products, services or names mentioned on the FTime platform may be trademarks or trade names of their respective owners or Rights Holders.
8.5. Under no circumstances may use of the FTime platform be interpreted as a transfer, licence, grant or authorisation of any right to use materials from the FTime platform. Accordingly, full or partial reproduction, presentation, export, modification, distribution or exploitation of the FTime platform or any of its components is strictly prohibited unless authorised in advance by the Operator.
8.6. The Ucom and FNET names, the FNET and FTime trademarks, and the FNET and FTime product or service names and marks used on the FTime platform are trademarks of the Operator. Other products, services or names mentioned on the FTime platform may be trademarks or trade names of their respective owners. The User's access to the FTime platform may not be interpreted, by implication or otherwise, as granting the User a licence to use the marks contained on the FTime platform or a right to use them without the prior written consent of the Operator or their owner. Any content available through the FTime platform is provided by the Operator, content providers or a third party. Copyright in such content belongs to the Operator or its affiliates, the content provider or the third party, and is protected by applicable copyright laws and international treaties. All rights reserved. Reproduction, alteration, transmission, distribution or storage, by any means or in any form, of all or any part of the content on the FTime platform is prohibited without the Operator's prior written permission.
9. Liability
9.1. The Operator's liability for providing Services that do not comply with these Terms shall not exceed the monthly or one-time fee applicable to the Service provided to the User.
9.2. In all cases, the User may not require the Operator to compensate indirect losses or loss of profit.
9.3. The Operator shall not be liable for obstacles created for the User by third parties during provision of the Services or for any damage caused to the User by third parties through the Platform.
9.4. The Operator may require the User to compensate all losses incurred by the Operator as a result of the User's breach of these Terms.
9.5. As against the Operator, the User alone shall be responsible for non-performance or improper performance of the obligations assumed under these Terms.
9.6. The User bears the risk of the username and password provided by the Operator being disclosed to or otherwise becoming known by a third party, and the User may not bring any related claim against the Operator.
9.7. As a retransmitter or provider of audiovisual programmes and materials, the Operator shall not be liable for their content, alteration or discontinuation, changes to audiovisual programme settings, or changes to the composition of the television channels or materials included.
9.8. In connection with provision of the Services, the Operator shall not be liable for the quality of the internet connection or any disruption thereof.
9.9. The Operator is not responsible for the content, accuracy or reliability of advertising information posted on the FTime platform or for the quality of advertised products, services or processes.
9.10. The Parties shall also bear the liability provided for in the Offer Rules or, where the Offer Rules contain no applicable provision, the liability established by the laws of the Republic of Armenia.
10. Availability
The FTime platform is available 24/7. Nevertheless, in the event of force majeure, network-related circumstances, a weak or overloaded connection, or unavailability, access to all or part of the FTime platform may be slowed, restricted or disrupted. The Operator may also take corrective or preventive-maintenance measures. Accordingly, the Operator does not guarantee the availability of the FTime platform or uninterrupted access where the lack thereof results from circumstances that the Operator could not foresee, avoid or prevent.
11. Force Majeure
The Operator and the User shall be released from liability for total or partial non-performance of obligations under these Terms if such non-performance results from a force-majeure event arising after acceptance of these Terms which the Operator or the User could not foresee or prevent. Such events include, in particular, earthquakes, landslides, floods, war, declarations of martial law or a state of emergency, political unrest, pandemics and epidemics, strikes, suspension of communications systems, disruption of backbone infrastructure, acts adopted by state or local-government bodies, international sanctions, and other events that make performance of the rights and obligations assumed under these Terms impossible.
12. Dispute Resolution
12.1. Disputes and disagreements arising in connection with these Terms shall be resolved through arbitration, notarial or judicial proceedings as specified in the Offer Rules.
13. Final Provisions
13.1. These Terms enter into force upon publication. Publication on the Operator's official website or in the Electronic Application shall constitute publication of these Terms.
13.2. Matters not regulated by these Terms shall be governed by the Offer Rules and the laws of the Republic of Armenia.
13.3. The Operator need not provide the User with advance notice of amendments to these Terms that establish more favourable conditions for the User.
14. Privacy Policy
14.1. Except in cases provided by the laws of the Republic of Armenia, the Operator shall preserve the confidentiality of the User's personal data provided during Registration. Personal data also includes information concerning the type and volume of Services used by the User, the place of use, payments, technical conditions and other information.
14.2. The User's personal data may be disclosed only with the User's permission or in the cases established by the laws of the Republic of Armenia and these Terms. Where personal data is disclosed in the cases referred to in this clause, the User may not require the Operator or a person authorised by the Operator to compensate any loss.
14.3. The User may amend or update personal data at any time through the Personal Account.