The current Agreement regulates the relationship between the Service “О!FM” (hereinafter — “Service”), and the Subscriber of the mobile Operator, using the Service (hereinafter — “User”).
This Agreement is an offer addressed to Subscribers of the mobile network operator NUR Telecom LLC.
Registration of the User in the Service or any other use of the Service is considered to be acceptance of the current Agreement, which implies that the Operator’s Subscriber fully and unconditionally accepts the current agreement without any exceptions or limitations and confirms that he/she has read and agrees with all the terms, set forth in this Agreement, as well as with all the rights, duties and restrictions imposed on him/her.
1. Subject of the Agreement
1.1. Within the Service, the Operator’s Subscriber has the right to authorized access to the programs of Internet radio stations (hereinafter – the Content) with the possibility to choose and listen to them individually in an interactive mode for non-commercial purposes according to the terms of this Agreement.
1.2. The Service is available for all prepaid and postpaid Operator’s Subscribers (except for TP “Internet+”, “Internet+ for corporate clients”, “Alga Internet + O!TV”, “Internet for home”, “Internet 40 GB” and closed TPs) on the entire territory of the Kyrgyz Republic, provided that a compatible Personal device (smartphone, tablet) is connected to the Internet.
1.3. The current Agreement may be changed without the consent of the User and without notice to the latter. All changes to this Agreement are available publicly at ____________________. The User undertakes to read the content of this Agreement at least once a month in order to get acquainted with its changes in a timely manner.
2. Registration of the User in the Service
2.1. In order to get authorized access to the Service, the Subscriber must register a Personal Device by entering a password received via SMS.
2.2. The Subscriber’s Personal Device is registered by the Subscriber’s number allocated when signing an agreement for provision of mobile radiotelephone communication services. Using this number, the Personal Device connected to the mobile radiotelephone network of the Operator is uniquely determined.
2.3. An SMS notification with the password is sent to the Subscriber’s number specified by the Subscriber in the dialogue box of the Service’s mobile application (hereinafter – Client’s Software)
2.4. The received password is used by the Subscriber to register the Personal Device by entering the password in the corresponding dialogue box of the Client’s Software.
2.5. After the process of registration in the Service, the Service Subscription is activated for the Subscriber and he/she can now use the Service.
2.6. The User can activate the Service Subscription:
– by sending a USSD request to the number *7011# from the Personal Device;
– in the “Service Management” section of the Client’s Software.
2.7. The User can independently deactivate the Service Subscription:
– in the “Service Management” section of the Client’s Software;
– by sending a USSD request to the number *7011*0#.
3. Tariffs
3.1. Tariffs for access to the Service for Operator’s Subscribers are determined by the Operator.
3.2. Listening to the Content is free of charge as part of an active User Subscription.
3.3. The cost of Internet traffic while listening to the Content is 0 (zero) in the network of the Operator.
3.4. The subscription fee for using the Service by Subscription is 3 (three) soms including VAT.
3.5. The service is provided free of charge for 72 hours from the first Subscription activation by the Subscriber. For the further service use, the subscription fee specified in clause 3.4 is charged.
4. Content usage
4.1. In order to listen to the Content, the User must choose the Content from the Service’s catalog, thus starting listening to it. When listening to the Content, the User’s Personal Device does not create the Content’s digital copy.
4.2. The requirements for Personal Devices on which the Content can be played are listed in the Client’s Software. Before searching for the Content, the User must independently verify that his/her mobile device is compatible with the Content.
5. By accepting the Agreement:
5.1. The User understands that the Service may contain adult-oriented material.
5.2. The User undertakes to use the Service in accordance with the current legislation of the Kyrgyz Republic.
5.3. The User can stop using the Service any time without explaining the reasons and following the instructions specified in the Service.
5.4. The User agrees to the storage, processing, use and distribution of personal data provided by the User when registering in the Service for the purposes of the Service during the period of the Service’s operation, as well as to receive advertising information about the Service and other services not related to “O!FM”, including via SMS, e-mail, telephone and other means of communication.
6. Limitation of liability
6.1. The Operator shall not be liable for non-performance or improper performance of its obligations if it is caused by the User’s actions outside the control of the Service, including (but not limited to) the characteristics of the User’s Personal Device, being outside the access zone and User’s mistakes.
6.2. The Operator’s liability for non-performance and/or improper performance of the terms of the Agreement will in any case be limited to actual damage caused to the User.
7. Final provisions
7.1. The current Agreement is regulated and interpreted in accordance with the legislation of the Kyrgyz Republic.
7.2. This Agreement, including any published amendments to this Agreement, comes into force from the moment of its acceptance by the User and is valid during the entire period of the Content use by the User.
7.3. For all questions and claims, Users can contact the Operator’s customer service. When making a claim, the User must provide documents confirming the validity of the claim.