TERMS OF USE

These Terms of Use and Privacy Policy (together, this Agreement) set out the basis upon which VEON Digital Amsterdam BV (VEON Digital, we and/or related terms such as us and our) agree to provide the VEON platform and related products and services (together, VEON) to a user (you and/or related terms such as your).

Version number 1.2 dated 19 July 2017

1. These Terms of Use

1.1 If you do not agree to these Terms of Use and the rest of this Agreement you cannot use VEON. This Agreement will form a binding legal contract between you and us.

1.2 We may change the terms of this Agreement from time to time. If you do not agree to the change, you must discontinue your use of VEON. Your continued use of VEON will constitute your acceptance of the change.

1.3 We may (but do not promise that we will) offer additional or amended elements of VEON from time to time. Depending on the additional or amended element you may not be able to continue to use VEON until you have downloaded an update and/or accepted any new or revised terms of this Agreement.

1.4 You must be, or must obtain the permission of, the owner of the device on which you download and access VEON. You are responsible for your use of VEON on or in relation to any device.

1.5 Access to VEON from any device will be subject to the terms and conditions of your telecommunications service provider. You may be charged by your service provider for telecommunications access on such device.

1.6 Certain functionality we offer within VEON may be subject to additional terms and conditions (Product Terms) which will be made available to you from the relevant functionality. In the event of any conflict or inconsistency between any such Product Terms and this Agreement, the relevant Product Terms shall take precedence.

2. Registration and Account

2.1 In order to use VEON you must register an account with VEON Digital via VEON. You must be:

(a) at least 18 years old (or the of age of majority in your country of residence); and

(b) an individual, not a commercial entity, and a non-business user.

If you do not comply with these requirements you cannot register for or use VEON. You may only register for and hold one account.

2.2 Registering requires you to give us certain information about you, at the point of registration and/or later if requested.

2.3 You promise that the information which you provide to us in connection with your registration and account (Your Data) is truthful, accurate and complete. You must keep Your Data in your account updated.

2.4 Your Data and other information which we receive or generate in connection with VEON may contain information about living individuals (Personal Data). We will use Personal Data in accordance with the Privacy Policy. It is important that you read the Privacy Policy before you register as it governs what we may do with your Personal Data.

2.5 Your account is personal to you and your account and ability to access and use VEON may not be transferred to, or used by, anyone else. As part of the registration process you may select a password and user ID (Passwords) to allow you to access your account and use VEON. You must keep your Passwords secure. If you think that your Passwords may have been disclosed to someone else you must contact us immediately. If you delay in telling us or you are at fault in not protecting your Passwords you may be liable for any misuse or losses which arise.

2.6 Subject always to your compliance with the terms of this Agreement, VEON Digital permits you to use VEON provided that:

(a) your use of VEON is solely for your own personal use and you therefore must not nor attempt to resell or charge others for use of or access to VEON or for any business purposes; and

(b) you must not nor attempt to replicate, transfer, give access to or re-distribute any part of VEON by any means or in any media.

2.7 We may close your account if it is inactive for a period of 6 months and terminate this Agreement.

2.8 Including when required by law or by our partners, we may require you to provide evidence of government-issued photo or other ID in an approved form and reserve the right to suspend or terminate your account and/or your use of VEON if such ID is not provided to our reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering, fraud-protection or security checks which we or our partners may operate.

3. VEON, Content and Services

3.1 VEON is provided to you on an as is and as available basis only. From time to time we may modify VEON automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.

3.2 You must comply with all the terms of this Agreement and applicable law when using VEON.

3.3 You are responsible for your use of VEON including messages, chats, communications and any other content (Content) which you post, submit or send to or through VEON (Your Content). Your Content must at all times comply with the usage policy for VEON set out in Clause 5.1 below (the Usage Policy).

3.4 We are not responsible for and do not review or monitor nor endorse or recommend Your Content or any other content which other users post, submit or send to or through VEON. In addition we are not responsible for Content that is provided by third party providers and/or advertisers within or through VEON including Content included within a third party branded channel (Channel). Further we are not responsible for and do not guarantee the quality, reliability or suitability of any third party services (Services) provided, made available, advertised or linked through any Channel or VEON. We have no control over such Content or Services and cannot ensure that such Content or Services are never in breach of the Usage Policy. We reserve the right to (but do not promise that we will) remove Content or Services which are in breach of the Usage Policy and/or notify law enforcement bodies of serious breaches of the Usage Policy or of any fraudulent or unlawful activity of which we become aware. We will comply with requests from law enforcement bodies and other public authorities and with court orders or other legal demands on the advice of our legal advisers. Your use of Services may be subject to the terms and conditions, privacy policy and other provisions of the relevant third party and you should ensure you are familiar with them.

3.5 Content on VEON may contain links to content provided, or websites and other material operated, by third parties. VEON Digital has no control over such content, websites and material and separate terms and conditions of use, privacy policies and other provisions will apply to them. You should check these terms and conditions, privacy policies and provisions before you submit information to such third parties. VEON Digital is not responsible or liable for the trade, business or privacy practices of such third parties.

4. Usage Rights

4.1 You always retain ownership of Your Content but:

(a) by posting, submitting or sending Your Content to or through VEON you grant us (and our contractors and suppliers) a worldwide license at no cost to, and to permit our contractors and suppliers to, use and do such things with Your Content for the limited purpose of operating, promoting and improving VEON and provide Your Content within it or, with your consent and consistent with applicable law and the Privacy Policy, for any other purpose; and

(b) by sharing Your Content with other users of VEON you agree that you are granting those users at no cost the right (including any intellectual property or related rights and any necessary waivers or consents) to make unrestricted use of Your Content;

subject where relevant to the Privacy Policy and your account settings.

4.2 You should only post, submit, send and share to or through VEON Your Content in which you are willing and able to grant the above rights. Accordingly you promise that any use of Your Content in accordance with Clause 4.1 above shall not infringe the rights (including intellectual property or related rights) of any third party or be otherwise unlawful.

4.3 VEON is not a storage service and we cannot and do not provide back-up copies of Your Content or any other content which other users post, submit or send to or through VEON. Note that other users may continue to use and allow other persons to use Your Content independently, even after such content has been deleted from VEON.

4.4 Subject to Clause 4.1, as between you and us, you agree that all rights (including all intellectual property or related rights) in and to VEON, throughout the world are owned by us. You are granted a non-exclusive, non-transferable licence of such rights solely to the extent that this is reasonably necessary for your own private and non-commercial use of VEON in accordance with this Agreement.

4.5 Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in VEON into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited except to the extent permitted by law.

4.6 VEON Digital reserves to itself and its licensors all rights in and to VEON not expressly granted to you in this Agreement.

4.7 The VEON name and trade marks (including all related branding, logos and domain names) are the sole and exclusive property of VEON Amsterdam BV.

4.8 Anyone who believes that their intellectual property or related rights are infringed by any content on the VEON Service should contact us and provide us with all relevant information in writing including:

(a) identification of the content which is claimed to infringe and its location on VEON;

(b) which rights are claimed to be infringed by that content; and

(c) the complainant's full contact details (including physical address, telephone number, and email address).

Without prejudice to our legal rights, further information and actions may be requested before steps can be taken by VEON Digital.

4.9 We reserve the right to suspend or cancel your access to VEON any time in our absolute discretion.

5. Usage Policy

5.1 You agree that at all times:

(a) Your Content shall not:

(i) be pornographic or obscene;

(ii) defame or denigrate, nor impersonate or misrepresent, other persons;

(iii) infringe privacy, data protection law or rights of publicity or confidentiality;

(iv) incite racial or religious hatred;

(v) threaten, harass or intimidate;

(vi) be unlawful or encourage unlawful activity including terrorism or crime; or

(vii) advertise or promote business, political or religious activities;

(b) you shall not nor attempt to interfere with or disrupt the operation of VEON and must notify us immediately of any breach of security or unauthorised use of VEON of which you become aware; and

(c) you shall not nor attempt to use VEON of any third party service accessible via VEON:

(i) in any manner which is unlawful or inconsistent with this Agreement or fraudulent, malicious, illegal, or in breach of applicable law, including by hacking or inserting a virus, worm, malicious code or harmful data into VEON, or could otherwise threaten or compromise the security or integrity of our systems;

(ii) through any automated means or in any manner that could damage, disable, impair or seek to obtain unauthorised access to our systems or interfere with other users;

(iii) to collect, scrape or harvest information or data from any user or our systems or attempt to interfere with transmissions to or from the servers running VEON;

(iv) for any commercial or business activity including to send spam or other unsolicited or bulk communications or any form of commercial communications or marketing; or

(v) to make unauthorised use, copies or distribution of content obtained via VEON or to transmit counterfeit or pirated material nor otherwise infringe the intellectual property or related rights of VEON Digital or any third party. YOUR COMPLIANCE WITH THE ABOVE IS AN IMPORTANT LEGAL OBLIGATION AND YOU SHOULD CONSIDER IT CAREFULLY. If you have any questions about the above please contact us.

5.2 If you breach Clause 4.2 or 5.1 above you will be in breach of this Agreement and in addition to our rights of termination of this Agreement under Clause 7 below:

(a) we may take legal action against you; and

(b) you may have additional legal liability, not just to us, but also to other users and other third parties (together, the Additional Parties) who may also take action against you.

You must compensate us and you also promise to compensate the Additional Parties for any loss or damage that we or the Additional Parties may suffer arising out of your breach of Clause 4.2 or 5.1 and for any other breach of this Agreement, improper use of VEON and/or breach of any law or the rights of a third party by you.

5.3 We shall determine compliance with the Usage Policy at our sole discretion, acting reasonably. We may (but do not promise that we will) disable and/or delete Your Content which we believe not to be in compliance while we consider any potential breach.

5.4 We may (but do not promise that we will) use technical means to enforce the Usage Policy.

5.5 Anyone who believes that material or activity on VEON breaches the Usage Policy should contact us and provide us with all relevant information in writing including:

(a) identification of the material or activity which is claimed to be in breach of the Usage Policy and its location or occurrence on VEON;

(b) how and why it is claimed to breach the Usage Policy; and

(c) the complainant's full contact details (including physical address, telephone number, and email address).

Without prejudice to our legal rights, further information and actions may be requested before steps can be taken by VEON Digital.

6. Feedback

6.1 “Feedback” shall mean any input regarding our products and/or services (including VEON), including changes or suggested changes to our current or future products and/or services.

6.2 All Feedback provided by you shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis.

6.3 You agree that we or our licensors shall have and retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that we may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into a VEON Digital product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by us.

7. Termination and Suspension

7.1 Subject always to Clause 7.3, you may terminate this Agreement at any time by cancelling your account by immediate notice provided to us in accordance with Clause 10.2 or using any specific termination option in VEON that we may make available.

7.2 Subject always to Clause 7.3, we may terminate this Agreement on immediate notice provided to you in accordance with Clause 10.2 if:

(a) you are in material or persistent breach of any provision of this Agreement;

(b) we intend to cease providing VEON (in whole or in part).

7.3 Termination of this Agreement:

(a) will mean that you will no longer be able to access and use VEON; and

(b) will require you to immediately delete or remove VEON from your device.

7.4 We may at any time suspend with immediate effect the provision to you of all or any element(s) of VEON in the event that you fail to comply with any provision set out in this Agreement and/or if we otherwise consider it necessary to protect the security and integrity of VEON or to comply with our legal obligations.

8. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VEON DIGITAL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING VEON, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE.

VEON IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.

VEON DIGITAL DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE VEON. VEON DIGITAL DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE VEON AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT VEON DIGITAL WILL HAVE ADEQUATE CAPACITY AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF VEON, YOU MAY CANCEL YOUR ACCOUNT AS SET OUT IN CLAUSE 7.1 ABOVE.

IN SOME JURISDICTIONS, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. VEON DIGITAL AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING THOSE THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE, IF AND TO THE EXTENT PERMITTED BY LAW.

IN JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, VEON DIGITAL SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THIS CLAUSE 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

9. Limitation of Liability

THE LAWS IN MANY JURISDICTIONS ALLOW VEON DIGITAL TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS VEON DIGITAL’S LIABILITY. HOWEVER, THIS SECTION 9 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW VEON DIGITAL TO LIMIT ITS LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.

IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF VEON DIGITAL OR ITS AFFILIATES, LICENSORS, LICENSEES, content providers, distributors AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, VEON DIGITAL AFFILIATES) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR VEON EXCEED USD 100.

OTHER THAN AS PROVIDED ABOVE, VEON DIGITAL AND VEON DIGITAL AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RELATED RIGHTS, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT VIMPELCOM HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

THIS CLAUSE 9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

10. Claims of Copyright Infringement

10.1 Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent: ipquestions@veon.com.

10.2 We are only able to accept notices in the languages in which we make this Agreement available.

10.3 We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws.

11. General Terms

11.1 We reserve the right to discontinue all or any aspect of VEON at any time.

11.2 Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to contact@veon.com. We may send any notices that we are required to give you under this Agreement by any of the following methods: posting to your account, email to the email address which you have provided to us and/or placing a notice on VEON.

11.3 We may transfer our rights and obligations under this Agreement to another organisation, and we will always notify you if this happens, but this will not affect your rights or our obligations under this Agreement. We will wherever possible provide you with prior notice.

11.4 This agreement is between you and us. No other person shall have any rights to enforce any of its terms.

11.5 Each of the Clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.6 We intend to rely upon the written terms set out in this Agreement (as amended in accordance with Clause 1 above) as the entire understanding between us relating to VEON.

11.7 If we fail to insist that you perform any of your obligations under this Agreement or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have given up our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.8 We cannot be responsible for any failure or delay in providing VEON because of factors which could be considered outside our control such as public communications network performance, congestion and connectivity, the performance of your device and unpredictable events such as adverse weather conditions or technical failures (including as a result of the activity of hackers) which might disrupt our business despite our reasonable preventative measures and steps to overcome them.

12. Disputes

12.1 We cannot and do not judge or arbitrate disputes between users of VEON or between users and third parties. You must settle any disputes directly with other users and third parties. If a user has breached this Agreement with us we may, but do not undertake to, take action in respect of that.

12.2 We will try and solve any problems or disagreements regarding our provision of VEON quickly and efficiently. If you are not happy with the way we deal with any disagreement you and we may agree to refer the matter to arbitration but you and we are not restricted from bringing court proceedings.

12.3 This Agreement is governed by English law and you and we agree to submit to the non-exclusive jurisdiction of the courts of England & Wales. This means that if you or we are able to bring a legal action relating to this Agreement an acceptable court to do this would be a court located in England, but you or we may also elect to bring an action in another country if this is accepted by its courts.