END USER LICENSE AGREEMENT FOR “CHIGAP” APPLICATION
CJSC “Indigo Tajikistan”, hereinafter referred to as “Operator”, acting under the legislation of the Republic of Tajikistan offers the end user (hereinafter referred to as “Subscriber”) services through licensed software (hereinafter referred to as “ChiGap Application”) for the mobile devices, which is available for download and installation at the official web-sites www.tcell.tj and www.chigap.tj (hereinafter referred to as “Operator’s Website”), as well as at PlayGoogle and AppStore (hereinafter referred to as “Store of Applications”).
1. GENERAL DESCRIPTION OF CHIGAP APPLICATION
1.1 Chigap Application gives Subscriber opportunity to make and receive voice calls, to make outgoing calls to the Operator’s Subscribers’ devices as well as to the devices of other users of the other mobile operators, to send short messages as well as to use other services available in Chigap Application.
2. TERMS AND DEFINITIONS
2.1. Subscriber — a physical person, joined this Agreement by accepting Operator’s Public contract on provisioning of services and having the Subscriber number(s) and/or identification codes assigned for such purposes.
2.2. Subscription agreement – (Public contract) on telecommunication services executed between Operator and Subscriber and published on the Operator’s Website.
2.3. Subscriber number – a number and/or unique identification code (or group of numbers/codes), temporally allocated by the Operator for Subscriber under the executed Public contract, unambiguously identifying the connected device of the Subscriber in the network of the Operator and by means of which the connection with other Subscriber’s device is possible.
2.4. Subscriber’s device – end user equipment of the Subscriber legally owned by Subscriber providing access to the services of the Operator.
2.5. Subscriber’s profile – Subscriber’s account information section which contains his/her personal information: full name, passport number and other information.
2.6. IP-to-IP calls — calls initiated or terminated in the IP-network using ChiGap Application (from the Subscriber using ChiGap Application to the other Subscriber registered in ChiGap Application).
2.7. SIP IN calls — calls that are initiated in the telephony network and terminated in the IP-network (calls terminated to the Subscriber by means of ChiGap Application).
2.8. SIP OUT calls — calls initiated in the IP-network (Subscriber using ChiGap Application) and terminated in the telephony network (to the subscribers who at the moment of receiving the call do not use ChiGap Application).
2.9. Account number — register of analytics in the billing system of the Operator, intended to show in the account the operations on provisioning communication services to the Subscriber and the payments.
2.10. Login – Subscriber number and Password intended to log in to ChiGap Application.
2.11. Subscriber’s account – a record in the database of ChiGap Application platform, containing information about Subscriber, including but not limited to Login information.
2.12. Blocking – suspension by the Operator of the access of Subscriber to ChiGap Application, including but not limited to the situations, when there are insufficient funds to use ChiGap Application at the Account number of the Subscriber.
3. CHIGAP APPLICATION FUNCTIONS
3.1. ChiGap Application allows Subscriber to use including but not limited to the following functions:
- Outgoing and incoming calls;
- Short messages;
- Personal information edition;
- Account number balance personal control;
- Account number balance top up;
3.2. Functions availability depends on availability of ChiGap Application on Subscriber’s device as well as of availability of ChiGap Application on device of the other Subscriber.
3.3. Functions in ChiGap Application may be changed at the discretion of the Operator at any time about which Subscribers shall be notified by means of the Store of Applications or Operator’s Website.
4. RESTRICTIONS ON THE USE OF CHIGAP APPLICATION
4.1. This Agreement is valid until terminated by the Subscriber or by the Operator. Subscriber may terminate this Agreement with the Operator at any time and/or stop using ChiGap Application at Subscriber’s discretion.
4.2. In its turn, Operator may terminate this Agreement with a Subscriber at any time, temporarily or permanently deprive Subscriber to use ChiGap Application under the following conditions:
4.2.1. subscriber breaches the terms of this Agreement;
4.2.2. if Operator has the reason to believe that the use of ChiGap Application by the Subscriber violates the law or the rights of the third parties;
4.2.3. if Operator has the reason to believe that the Subscriber is trying to use ChiGap Application in bad faith for mercenary purposes;
4.2.4. if Operator has the reason to consider that the Subscriber’s account is used by the third parties for fraudulent purposes;
4.2.5. immediately, if it is necessary in view of changes in the legislation and (or) regulations of authorized regulatory bodies of the Republic of Tajikistan;
4.3. All materials posted, sent or received by the Subscriber using ChiGap Application, including, but not limited to the text, photos, videos and other communications are collectively referred to as "Subscriber Materials". Such Subscriber Materials can be posted and published by the Subscriber within ChiGap Application and may be visible to other Subscribers of ChiGap Application. Subscriber acknowledges and agrees that any Subscriber Materials can be viewed by the other subscribers who have Subscriber’s assigned phone number and installed ChiGap Application on his/her device.
4.4. Operator does not guarantee confidentiality on any Subscriber Materials. Subscriber bears full responsibility for his/her own Subscriber Materials, and for the consequences of their publications. Subscriber Materials do not reflect a position of Operator and/or the relation to them, and the Operator does not give guarantee about reliability, accuracy or legal status of any Subscriber Materials.
4.5. During the use of ChiGap Application, the Subscriber can encounter information contents of which may be deemed as offensive, indecent or undesirable by the Subscriber. Nevertheless the Subscriber agrees to use ChiGap Application based on his/her own risk, and Operator shall not be liable to the Subscribers for the contents that may be deemed as offensive, obscene or undesirable.
4.6. Operator is not responsible for the availability of ChiGap Application for use in any place. Subscriber uses ChiGap Application on its own initiative and is responsible for compliance with any applicable laws. The Operator reserves the right to make changes, suspend, delete or block Subscriber using ChiGap Application at any time in case of breach of the terms of this Agreement by the Subscriber and/or according to the order of the appropriate authorized governmental bodies of the Republic Tajikistan.
4.7. Operator is exempted from partial or full execution of its responsibilities as well as from nonperformance and/or undue performance of its responsibilities under this Agreement in case such nonperformance was caused by force major circumstances. Additionally to the generally accepted force major circumstances the parties agreed to consider the acts of the government, governmental bodies and/or organizations which may restrict the service availability of the Operator and/or change the form and terms of payment, processes of installation, testing or technical configuration of the equipment.
5. CHARGING PRINCIPLES
5.1. Calls are charged in ChiGap Application in accordance with the tariffs of the Operator published on the Operator’s Website.
5.2. Charging in ChiGap Application is made from the Account number according to the existing tariffs.
5.3. If Subscriber makes a conference calls with several Subscribers simultaneously, such calls are charged according to the number of calls (number of Subscribers on the conference), in accordance with the tariffs of ChiGap Application.
5.4. Operator reserves the right to make changes to the tariffs of ChiGap Application at any time and in accordance with the Public contract terms with the prior notice given to the Subscribers by means of Operator’s Website or other available means of notification.
5.5. Operator reserves the right to offer some and/or all functionalities of ChiGap Application for free within the determined period.
6. REGISTRATION PROCEDURE IN CHIGAP APPLICATION
6.1. Subscriber downloads ChiGap Application from the Operator’s Website or from the Store of Applications.
6.2. Subscriber installs ChiGap Application to the Subscriber’s device according to the installation instructions.
6.3. Subscriber with the active Subscriber number needs to indicate his/her active Subscriber number according to the instruction, read and accept the terms of this Agreement.
6.4. To complete the authorization process in ChiGap Application the Subscriber indicates Login (active Subscriber number), then gets SMS with automatically generated password to enter ChiGap Application. This process allows the Subscriber to finish registration and start using ChiGap Application.
6.5. In accordance with the applicable legislation of the Republic of Tajikistan Subscriber is solely responsible for any risks caused by the use of materials, information, services and products in Internet, which may become available for him/her through ChiGap Application.
6.6. Operator is only responsible for the services provided by the Operator in ChiGap Application and is not responsible for the services provided by the third party and available by means of ChiGap Application.
7. CONCENT FOR THE USE OF DATA
7.2. By using ChiGap Application, Subscriber agrees that the Operator may gather and use technical and relevant information, including but not limited to technical information about Subscriber’s device, operating system and software and peripherals which are used by the Operator for provision of updates/changes to the functionality of ChiGap Application, provision of technical support for ChiGap Application and provision of the other services related to ChiGap Application (if such services are available).
8. AMENDMENTS TO THIS AGREEMENT
8.1. From time to time, Operator may amend the terms of this Agreement. Changes are published at the Operator’s Website and Stores of Application and shall enter into force on the date of their publication.
8.2. Subscribers are notified of the amendment or termination of this Agreement by publication on the Operator's Website ten (10) days prior to the entry of such changes into force. This Agreement is deemed to be amended or canceled on the date specified in the corresponding notice.
8.3. If Subscriber does not send any protest note to the Operator within 10 (ten) working days from the moment of publication of such changes to the Agreement, and/or after the introduction of such changes, the Subscriber continued using ChiGap Application, such changes are deemed as accepted by the Subscriber.
9. SUBSCRIBER RESPONSIBILITY
9.1. Subscriber is responsible for all activities that occur on the Subscriber's account and agrees to immediately notify the Operator of any unauthorized use of the Subscriber's number or any security breach in relation to the Subscriber's account. Operator is not responsible for any losses that Subscriber may incur as a result of using ChiGap Application, with or without the knowledge of the Subscriber.
9.2. Subscriber has no right to:
9.2.1. intercept or listen to, disrupt or interfere with any information exchange that is not intended for the Subscriber;
9.2.2. use any software codes - "viruses", "Trojan horses", "worms", "time bombs" and etc., designed to distort, delete, damage, simulate or violate the ChiGap Application integrity;
9.2.3. distribute bulk commercial messages without the consent of the recipients (also known as “SPAM”), which are banned by the relevant provisions of the existing legislation or use ChiGap Application for “phishing” (“phishing” of valuable information), “farming” (redirection of the internet traffic to specific websites), impersonating a person or create a false impression to the relationship with the other person or entity;
9.2.4. to distribute among other Subscribers materials of offensive content or materials potentially dangerous to minors, obscene materials or other undesirable character;
9.2.5. to use or make attempts of use ChiGap Application to create obstacles or inconveniences to the third parties for expressing threats or invasion of privacy of third parties;
9.2.6. to use Subscriber Materials to which the third parties have the property right, except for cases when the Subscriber has a license or permission of the person having such rights;
9.2.7. to use ChiGap Applications for collecting any identifying information, including the names of other Subscribers;
9.2.8 to influence or try to influence availability and functionality of the ChiGap Application, in particular, by means of attacks of DOS (denial of service – refusal in service) or DDoS (distributed denial of service – the distributed refusal in service).
10. TERMS OF REFUND
10.1. If the Subscriber believes that the calls made by means of ChiGap Application were charged by the Operator incorrectly, Subscriber has the right to raise a claim to the Operator in accordance with the terms of the Public contract.
10.2. Operator reserves the right to reject the claim for return of money if there is a reason to suppose that:
(a) the Subscriber is trying to unfairly take advantage of the refund policy, for example, Subscriber submits several claims on refund of money for the same claimed payment;
(b) the Subscriber violates conditions of this Agreement;
(c) according to the information available to the Operator, the Subscriber uses ChiGap Application violating the current legislation of the Republic of Tajikistan.
11. PROPRIETARY RIGHTS
11.1. ChiGap Application including the Operator's Website as well as "ChiGap" trade mark and its copies are protected by copyright and other applicable intellectual property laws.
11.2 The Operator owns the name, copyright and other intellectual property rights for ChiGap Application and all copies, modifications and their derivatives as well as the main software (including any Subscribers' reviews of ChiGap Application).
12. DISPUTES AND RESOLUTION
12.1. All disputes between the Subscriber and Operator under this Agreement shall be resolved through negotiations.
12.2. If the parties are not able to resolve raised disagreements or disputes by means of agreement, they are to be considered in accordance with the current legislation of the Republic of Tajikistan.
13. THIRD PARTY SOFTWARE
13.1. Third party software is used in ChiGap Application.
14.1.This Policy determines how Operator receives, collects and uses information on the Operator’s Website, ChiGap Application and other products and services provided by means of ChiGap Application (all of the foregoing, collectively referred to as "Services").
14.2. By visiting Operator’s Website or using the Services, Subscriber is accepting the policies and practices described in this Policy, as such Policy may be changed from time to time. Each time the Subscriber visits the Operator's Website or use the Services, he/she agrees and expressly permits the collection, use and disclosure of the information that Subscriber provides as described in this Policy.
14.3. "Personal Information" in this Policy means information about Subscriber’s personal identification information such as name, postal address, e-mail address, billing information or phone number as well as other information which is not public, but associated with this personal information.
14.4. "Anonymous Information" in this Policy means the information that is not personally recognizable or linked to the Subscriber’s Personal Information such as aggregated information, general demographic information and IP addresses. Anonymous Information does not necessarily allow to identify the individuals.
14.5 When Subscriber installs ChiGap Application and registers in ChiGap Application he/she provides Subscriber’s number and allows to access to the address book on Subscriber’s device.
14.6. Operator does not rent, sell or share any information about Subscribers with any third parties, except as concretely depict herein. Operator may disclose Personal Information if it believes such action is necessary to:
(a) fulfill the law or legal process served and connected to the Subscriber;
(b) protect the rights or property;
(c) protect the personal safety of Subscribers and/or users of ChiGap Application or publicity in extraordinary circumstances.
14.7. In order to provide the Subscriber with the Services requested, Operator may sometimes, if necessary, share Personal Information (excluding address book and related information) and traffic data with trusted partner service providers and/or agents, for example: banking organizations or other providers of payment and analytical services, customer support or hosting services. Operator will always require such third parties to take appropriate organizational and technical measures to protect Personal Information and transferred data and to observe the relevant legislation. Operator will never share address book information with any third party. Operator may unfold information about the Subscriber if determines that is needed for national security, law enforcement or other issues of public importance.
14.8. Operator may occasionally ask the Subscriber to provide information about customer experience, which will be used to measure and improve quality. Subscriber is at no time under any obligation to provide any of such data. Any and all information which is voluntarily represented in feedback forms on the Operator’s Website or any survey that accepted to take part in is used for the purposes of reviewing this feedback and improving the ChiGap Application software, Services and Operator’s Website.
14.9. Operator may contact the Subscriber to send messages about faults and service issues. Furthermore, Operator reserves the right to use email or SMS to notify Subscribers of any eventual claims concerning the Services, websites and/or products, including without limitation claims of violation of third party rights.
14.10. Operator takes reasonable foresight to protect Personal Information from misuse, loss and unauthorized access. Although Operator cannot guarantee that Personal Information will not be subject to unauthorized access, Operator has physical, electronic and procedural safeguards in place to protect Personal Information.
15. CONTACT INFORMATION
Subscriber may direct any questions related to the Agreement to the following address:
Closed Joint Stock Company «Indigo Tajikistan»
34 Rudaki Ave (Tcell Plaza)
734025, Dushanbe, Tajikistan
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