TERMS OF USE OF THE ARENA CLOUD APPLICATION

 

Prior to using our website or application, please carefully read the following Terms of Use, an integral part of which is the “Privacy Policy”.

By accessing this website or installing the application, you accept without limitation these Terms of Use, as well as the legally binding relation established between you and Arena Channels Group doo Beograd, Milutina Milankovica 9a Novi Beograd, its core activity – cable telecommunications, Company ID: 20510293, TIN: 106013385, phone 011 35 35 600, email: arenacloud@tvarenasport.com, web: arenacloudtv.com, hereinafter referred to as Arena Channels Group Doo, which is the owner of this website.

When using any content from the website and application owned by Arena Channels Group doo Beograd, it is considered that you are familiar with the Terms of Use.

All content published on the site is the exclusive property of Arena Channels Group doo Beograd or owned by business partners of Arena Channels group doo Beograd, therefore they are intended only and exclusively for personal use, for non-commercial purposes and at your own risk.

Arena Cloud is an application/service for digital television viewing – a set of interactive multimedia services such as television/audio/video/graphics/text/data within an application installed on a suitable electronic device via the Internet.

Prerequisites for using the service through the application are a compatible electronic device with the appropriate operating system and an Internet connection of the adequate speed, bearing in mind that communication is transmitted via the Internet protocol. Technical prerequisites for using the service and data on compatible devices and operating systems are variable and publicly available at any time on Google Play store and Apple store. Users are recommended to access the Internet via the local WiFi network, and they are particularly warned that using the application via the Internet provided by mobile operators (gprs or 3G, 4G) may cause additional costs to mobile operators, which will be borne by the user.

Users of the free/demo version of the application agree with promotional content being broadcasted during its use. The purpose of the demo version is to acquaint users with the functionalities and the operating of the application, so the operator is authorized to limit its functionalities in this operating mode, at own discretion.

No site content nor any part thereof may be copied, reproduced, publicly displayed or distributed without prior permission or written consent of Arena Channels Group d.o.o. Beograd.

The contents of the website and the application, including all parts thereof (trademarks, logos, texts, data, photographs and/or graphics), represent a protected copyright belonging to Arena Channels Group d.o.o. Beograd, or a protected copyright of third parties who have transferred the right of use to Arena Channels Group d.o.o. Beograd.

Unauthorized use of any part of the content available on the site or the application, contrary to the terms of use, is considered a violation of the copyright and intellectual property right and is subject to material and criminal prosecution.

These Terms of Use enter into force on 26 November 2020 and can be modified at any time by an announcement of Arena Channels Group doo Beograd published on the site and application.

The modified Terms of Use take effect on the day of their publication on the website and application

The Terms of Use of the application are subject to changes that are made in the manner prescribed by the General Terms of Arena Channels Group doo Beograd. Should users disagree with the changes, they can terminate the subscription relation.

When installing the application, users confirm that, for the purpose of pre-contractual information, they have read all the listed documents and agreed with them. Documents of Arena Channels Group doo Beograd containing the terms of use of the Arena Cloud application are publicly available at the points of sale, the operator’s web page, as well as at users’ request.

 

DISCLAIMER AND LIMITATION OF LIABILITY

All information on our website and application are provided for the purpose of general information and entertainment.

We strive to ensure that the information are accurate and reliable, however, we do not take responsibility for any damage that may occur as a result of relying on the information on our website or application.

Arena Channels Group doo Beograd particularly informs the users that the quality of application and telecommunications services used through the application depends on numerous circumstances beyond the control of Arena Channels Group doo Beograd, such as local computer network settings, existence and quality of Internet connection, existence of firewall, limiting regulations in the territory where it is used and the like. Therefore, Arena Channels Group doo Beograd cannot guarantee that the Arena Cloud service will work through the application without interruptions, delays and errors, satisfy all users’ needs and be available continuously and in any place. Users will be able to report problems and malfunctions in the operation of the Arena Cloud application by selecting the appropriate option within the application and calling the Customer Service number published in the contact section on the website and the application, and by e-mailing to podrska@arenacloud.com

Arena Channels Group doo Beograd is not responsible for contents that appear on the website or application and which are published by third parties or created by them.

 

USERS’ OBLIGATIONS

For the purpose of efficient, safe and undisturbed use of the content located on the website and application, the following is not allowed:

  • publishing, sending, exchanging and transmitting content that conflicts with the applicable legislation;
  • posting, sending, exchanging and transmitting offensive, vulgar, threatening, racist or chauvinistic content, as well as content that may in any way cause harm to any person;
  • publishing, sending, exchanging and transmitting information that the visitor knows or assumes to be false, and the use of which could cause harm to other persons;
  • false representation, i.e. representation on behalf of another, legal or natural person;
  • manipulation and misuse of identifiers to disguise the origin of the published, sent, exchanged or transmitted content;
  • posting, sharing and sending unsolicited users’ content without their consent or request, such as promotional materials, advertising messages, spam messages, chain letters, promotional and advertising materials containing false information, allegations or claims that may mislead users;
  • publishing, sending, exchanging and transmitting content with viruses or similar files or programs designed to destroy or restrict the operation of any software and/or hardware, as well as telecommunications equipment;
  • collecting, storing and publishing personal data of other site visitors.

The user undertakes to enable updating of the application or downloading application upgrades that have been created in the form of modified interface, fixed errors, improved compatibility with devices or software, new modules or completely new versions of the application. Arena Channels Group Doo reserves the right to disable the use of non-updated or outdated versions of the application with prior notice to the user 15 days in advance. During the application upgrade or works on the infrastructure enabling the use of the application, the application or some of its functionalities may be unavailable.

Arena Channels Group d.o.o. Beograd reserves the right to remove content that it deems inappropriate or inconsistent with the terms of use. Users are responsible for any damage resulting from their activities.

The user agrees that Arena Channels Group Doo may forward all relevant information related to the application use via the registered user data, the application and/or via the user’s mobile phone.

It is enabled to unsubscribe from the service through the application. User accounts include the option to terminate the service by selecting “Unsubscribe”, in which case the subscriber relation is terminated i.e. further service use is canceled. The service is renewed every 30 days for technical reasons, and should users want to terminate the service, they are obliged to cancel it no later than on the 29th day, in which case the service ceases after the end of that calendar month. If the service is unsubscribed after 30 days or on the 30th day, the provision of the service ceases after the end of the following 30 days.

 

PAYMENTS

All payments shall be made in local currency of the Republic of Serbia – dinar (RSD).

For informative overview of prices in other currencies, the median exchange rate of the National Bank of Serbia shall apply.

The amount your payment card is to be debited with shall be expressed in your local currency through the conversion to the same under the exchange rate applied by card companies, which cannot be familiar to us at the time of transaction.

As the result of this conversion, there is a possibility of insignificant difference compared to the original price set out on our website. Payments shall be made exclusively online via payment and credit cards. All prices are shown inclusive of VAT. Subscription shall be automatically renewed, by re-debiting the card by the amount of the originally selected package, once a month, 30 days after the subscription was originally charged. The subscription can be cancelled at any time, which means that the saved payment or credit card will not be debited by the remembered amount in the following month. The amount debited from your card in the current month, the one when the unsubscribe request was submitted in, shall not be reimbursed. For the paid subscriptions cancelled during a month, the selected content shall be available for not more than 30 days following the collection of the monies in the current month.

Regular payment is prerequisite for using the paid application. Arena Channels Group Doo will disable the use of the application upon the expiry of the period that is paid for (prepaid customers), or in the event of due but unpaid bills, in line with the terms of provision and using the services.

We use WSPay third-party services to process the payments. WSPay has the relevant PCI DSS certificate that guarantees safe transactions and reliable crypto-protection. We kindly ask our customers to learn the terms of use and the method of work of WSPay by referring to their general terms and methods of work set forth on the following website: https://www.wspay.rs/*

*By accepting these terms, the Customer agrees that transactions be made by using payment cards through WSPay and by the terms and methods of work of a third party. The data collected by the third party for processing transactions and the protection thereof is governed by the Law on Personal Data Protection and they are to be considered processors.

When entering the data on a payment card, confidential information are transferred via the public network in an encrypted form, by using SSL protocol and PKI system, as the latest encryption technology. The security of data when making payments is warranted by the payment card processors, so that the complete collection process is conducted in a safe environment.

Transaction is authorised by a card company/financial institution of the card issuer, and the Authorisation shall be valid for a period defined by the card issuer or the card operator, and not less than 7 days. 

 

DECLARATION ON PERSONAL DATA PROTECTION

The protection of personal data is ensured according to the applicable regulation, in particular by the General Data Protection Regulation of the European Parliament and the Council no. 2016/679-Regularion and the Law on Personal data protection (Official Gazette of RS, no. 87/2018)

WSPay as the agent of authorisation and debiting of credit cards, deals with the personal data in the capacity of processor and treats the same in compliance with the General Data Protection Regulation of the European Parliament and Council no. 2016/679, and in compliance with the strict rules PCI DSS L1 regulation on the protection of entry and transfer of data and the Law on Personal Data Protection (Official Gazette of RS, no. 87/2018)

WSPay uses SSL certificate of 256-bit encryption and TLS 1.2 cryptographic protocol as the highest level of protection regarding the entry and transfer of data.

The personal data used for authorisation and collection, or settling the liabilities arising from or under a Contract, shall be considered confidential data.

WSPay does not process nor use personal data, except for the purposes of executing the Contract, authorisation and collection.

WSPay warrants the fulfilment of all the terms specified in the applicable regulations on the personal data protection, processing personal data, and particularly taking of all required technical, organisational and security measures, as explicitly confirmed by its PCI DSS L1 certificate.

 

REFUND

The user has the right, in case he/she made an incorrect payment, to file a refund request within 24h of the payment date.

The user who has previously paid by some of the payment cards, in part or in full, will be refunded by Arena Channels Group Doo for each grounded request that, within the statutory time frame upon the completion of the complaint procedure, exclusively via VISA, EC/MC and Maestro payment methods, in such a manner that the bank will refund the cardholder account upon the request of the Seller.

The user shall supply the following data in the submitted refund request: phone number, user number and email address, as well as an explanation in the refund request.

 

COMPLAINT POLICY

All complaints shall be subject to the applicable Consumer Protection Act.

If the user considers that services have not been correctly charged he/she may file a complaint in writing to the following email address info@arenacloudtv.com

The complaint must contain a precise description of irregularities in charging or other reasons for complaint and it must be signed by the user or a person authorised to represent the user.

The user may file a complaint request in the same abovementioned manner if an error was made in choosing the service or if there is any other reason why the user is no table to use the service, provided that the user has not already commenced using the services.

If the payment was made by using payment cards Visa, MasterCard, Maestro and American Express, the user must state in the complaint request the data set out in the confirmation of successful payment (TRANSACTION_ID, AUTH_CODE).

Arena Channels Group is obliged to notify the user, within 8 days of receiving the complaint, whether the complaint has been approved or not.

Arena Channels Group shall not consider unclear, incomplete or untimely submitted complaints, nor the complaints that have not been filed by the user or the person authorised to represent the user. 

The delivery of digital content shall not be made on a permanent medium and the user is aware that by such delivery he/she will stripped off the right to renounce the contract, according to the provisions of Article 31 of the Consumer Protection Act.

By accepting these general terms, the user gives his/her written consent that he/she is familiar with these and with all pre-contract notices.

 

DESCRIPTION OF SERVICE PROVISION

Arena Channels Group facilitates the user, by its service, to watch TV content on a mobile app or on a Smart Tv app.

Users shall have the first two packages free of charge during the promotional period, until 1 March 2021.

As of 1 March 2021, all services shall be charged according to the selected package.

All services shall be provided to users on a prepaid basis (payment in advance for the service).

The content enabled to the user depends on the package the user has selected at the time of purchase, by using a shortcut Moja Arena (My Arena), within the app itself. Following a successful payment of hte package, Arena Channels Group shall enable the user to watch the content online no later than 48h upon the successful transaction.

 

EXTERNAL LINKS

The website and app contain the links to websites that are not under the control of Arena Channels Group doo Beograd. Arena Channels Group doo Beograd publishes the links in good faith and it cannot be held responsible for the content outside its website and app.

Arena Channels Group d.o.o. Beograd facilitates its visitors in good faith to use the content of its website and app.

All visitors are entitled to free use of content, provided they comply with the usage rules.

The website and app comprise of proprietary content, partners’ and advertisers’ content, free content, the visitor-created content and external links.

All contents of the website and app are used at your own responsibility and Arena Channels Group doo Beograd cannot be held liability for any damage incurred through the use thereof.