TERMS OF SERVICE
Effective Date: December 26, 2022
These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the video communication service (“AZAR”) owned and provided by Hyperconnect LLC (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED OR NON-REGISTERED . BY ACCESSING AND USING AZAR, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PERSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF AZAR.
The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries.
CHAPTER 1. General Provisions
The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of AZAR on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “AZAR App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“AZAR Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.
2. Changes to these Terms
The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of AZAR after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.
3. Additional Terms
Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.
4. Notification and Communication to Users
CHAPTER 2. Ownership and Relevant Licenses Regarding AZAR
1. Ownership of AZAR Contents
2. Scope of License Regarding AZAR
3. Scope of License Regarding Your Information
4. Content License
In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on AZAR (Please note that license for your Azar Live Content (as defined below) will be governed by Article 5 (1), Chapter 6 of the Terms [Link]), You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that (except for Your Azar Live Content) any Content you provide may be viewed by other registered Users of AZAR. You can delete Content individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your Content outside of AZAR, You authorize the Company to act on Your behalf with respect to infringing uses of Your Content taken from AZAR by other Users or third parties. The Company and its affiliates’ license to Your Content is used for the limited purposes of operating, developing, providing, improving, and promoting AZAR and researching and developing new services of the Company to the extent that such use does not infringe on Your privacy in accordance with applicable laws, including the Personal Information Protection Act.
CHAPTER 3. Commencement of Use of Service
1. Consent to the Terms
2. Membership Registration Process
CHAPTER 4. Rights and Obligations of the Company and Users
You must use AZAR in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Term. Please stop using AZAR immediately if You do not agree to these Terms or the User guidelines.
2. Prohibited Acts
You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations in addition to restrictions on the use of the relevant AZAR services, including refusal of payment of the revenue under Article 4, Chapter 6 and restriction on the receipt of gifted Items under Article 3, Chapter 6, or suspension or termination of the relevant Azar account.
3. Prevention of Unauthorized Use
The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of AZAR, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.
4. Protection of Personal Information
Any comments, suggestions, or feedback relating to AZAR and/or the AZAR App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to AZAR and/or the AZAR App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.
You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. In the event that the Company transfers the business related to AZAR to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.
CHAPTER 5. Use of Services
Section1. Content of Service
1. General Provisions
2. User Tier Status
Depending on the regions, we may provide different services based on the tier status of Users in accordance with our tier status operation policies. In such a case, the User tier status will be granted by the standards set by the Company. The Company may make a distinction in contents of the service between different User tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.
3. Affiliated Partner Services
The Company may place advertisements of the Company and/or third parties within AZAR.
Gem is an electronic token that can be used to acquire items within AZAR. The units, payment methods, and other conditions for conferring Gems are determined by the Company and posted on AZAR.
Items are virtual commodities or gifts You can purchase and use in Azar Live. You can own or send Items to other Users within AZAR Live. You can purchase an Item within AZAR, including AZAR Live. Items can be converted into Stars according to the conversion rates and policies announced separately by the Company in AZAR Live.
Items that You receive in AZAR Live are converted into Stars. The Company may provide certain benefits in connection with Stars, in which case the Company will make a separate announcement and the benefits will be provided accordingly.
6. Personalized Service on Lounge
The Company helps you match and communicate with other users that may be of interest to you. The Company uses the information regarding your in-app activites (e.g., likes you sent to other users on the lounge) to make such an offer to you (e.g. suggestion to other users you may wish to talk to). You agree that the user the Company suggests through the personalized service may include artificial intelligence chatbots.
Section 2. Fee-Based Services
1. Purchase of Fee-Based Services
The Company may offer a subscription service or option in Azar, which may include discounts for a certain duration of the commitment period, provision of bonus gems, items, rewards, or other benefits for a corresponding price (“Subscription Services”).
Renewal and Cancellation of Subscription Services
Subscription Services are renewed automatically each month. If You do not wish to renew the subscription, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period. For cancellation of Subscription Services, we do not have the ability to cancel automatic renewals for purchases for you. Please follow the steps below on how to cancel the automatic renewals.
(1) Launch the Google Play Store app.
(2) Tap the Menu, then Subscriptions.
(3) Tap on the app of the subscription you'd like to cancel, then tap Cancel Subscription.
Apple/iOS App Store:
(1) Go to Settings, then iTunes & App Store.
(2) Tap your Apple ID. You might need to sign in or use Touch or Face ID.
(3) Tap Subscriptions.
(4) Tap the subscription that you want to manage.
(5) Use the options to manage your subscription.
Changes to Subscription Services
The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change so that the Users may cancel the renewal before the new changes become effective.
Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
Gems are granted to Users through purchase within AZAR, promotions, or other methods designated by the Company. The Company shall determine and display on AZAR the purchase units of Gems, payment methods, and other conditions for granting of Gems.
If You purchase any Subscription Services, Gems and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
The Company cannot change the settings of Your Device. If You, based on Your own judgment, purchase Products by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
Additional Terms that apply if you pay the Company directly with your payment method.
If you pay the Company directly, the Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, the Company may terminate your Subscription Services and/or your account immediately in its sole discretion.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, terminate or cancel your Subscription Services, you remain responsible for any uncollected amounts and authorize the Company to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
If you reside outside of the Republic of Korea, you agree that your payment to the Company will be through MTCH Technology Services Limited.
You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.
2. Period of use, exchange, and transfer of Products
Products can be used for 5 years from the date of purchase, and will expire after 5 years from the date of purchase. However, the period during which a User can use Gems acquired by a method other than purchase is subject to conditions provided by the Company.
A Product can only be used on the account where it was purchased and cannot be transferred to another account by any method other as recognized by the Company.
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services within fourteen (14) days from the date your subscription period commenced, costs proportional to the amount of subscription period that has lapsed and fees charged at the time of payment (including payment gateway agency fees, Google Play and App Store fees, and other third-party fees duly charged at the time of payment). In addition, at the time of cancellation, if You have already used any Products that You received as part of the Subscription Services (including Gems and/or Items that are provided as free gifts for Subscription Services), the costs for such used Products may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Products that were granted as part of such Subscription Services may be reclaimed by the Company.
In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. If you reside in the EU region, You will be entitled to 14-day statutory rights of cancellation under the applicable law. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.
If a User is a minor (Republic of Korea: under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be cancelled even if it was made without the consent of the legal representative.
CHAPTER 6. AZAR LIVE
The Company provides AZAR Live live streaming service (“AZAR Live”) as part of AZAR, which may be embedded to other apps or platforms. This chapter applies to Your use of AZAR Live.
1. Use of AZAR Live
2. Hosting and participating in live broadcasts
3. Gifting Items
Users may collect Stars based on their activities (including promotional activities) on AZAR Live and may receive the revenue by participating in the reward program. However, Items or Stars are not intended to be used as a means to provide compensation or financial support to the Users. Users, however, may receive the revenue by participating in the Company’s rewards programs. The Company makes no assurances to any User that any User receiving Items will receive a financial benefit. If a User falls under Article 2 (a), Chapter 8, the Company may temporarily or permanently refuse to pay the revenue under this Article or any future revenue, regardless of whether such revenue is directly related to the violation.
5. Operation and use of contents
Despite efforts under Article 1(e), Section 1, Chapter 5 of these Terms, it is physically impossible for the Company to control all AZAR Live Content that Users encounter in the process of using AZAR Live. Therefore, You should be fully aware of the risk that You may encounter an AZAR Live Content that can be offensive or obscene, or cause discomfort when using AZAR Live. The Company does not bear any responsibility for the AZAR Live Content created, transmitted, or shared through AZAR Live without involvement of the Company, except as otherwise provided by law. You will not involve the Company in any claims or disputes arising from such AZAR Live Content and You can report to the Company of such AZAR Live Content once you become aware of such AZAR Live Content.
6. Restrictions on the use of Azar Live, such as live broadcasts
Where a host violates Article 2, Chapter 4 of these Terms or commits an illegal act such as unlawful copying, illegal use of another’s name, fraudulent use of a credit card, fraud, defamation, or violation of the Act of on Sexual Crime of Violence or Act on the Protection of Children and Youth against Sex Offenses, the Company may, based on its judgement, restrict or remove the User’s authority to conduct a live broadcasting show as a host. Except where notification is not permitted by law (for example, when the act of notification results in violation of law or regulatory rules, or obstruction of a regulatory agency’s investigation) or could reasonably cause harm to a User, third party, or the Company (for example, harming the security system of AZAR), the Company will notify the applicable User at issue without delay.
CHAPTER 7. Third Parties Relating to Service Use
1. Authority to Use Bandwidth and Device
2. Use of Third-Party Software
These Terms also apply to Your use of any third-party software or technology that is incorporated in AZAR.
3. No Access to Emergency Communication Services
AZAR does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that AZAR is not a replacement for Your primary telephone service.
4. Third-Party Fees
If You use Your native SMS application to deliver messages or invitations to people who are not registered Users of AZAR and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.
5. Third-Party Sites, Products, and Services
CHAPTER 8. Termination of Service and Restrictions of Use
1. Termination of Service and Withdrawal from Service by You
2. Restriction or Termination of Service by the Company
CHAPTER 9. Indemnification and Warranty Disclaimers
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF AZAR AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF AZAR AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO AZAR. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.
2. WARRANTY DISCLAIMERS
3. LIMITATION OF LIABILITY
4. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
CHAPTER 10. Interpretation of Terms, Governing Law and Dispute Resolution
1. Entire Agreement
These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
3. Injunctive Relief, etc.
You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.
These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.
5. Governing Law and Jurisdiction
In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.
Additional Information: To receive information or technical support for AZAR, please mail to firstname.lastname@example.org
© Hyperconnect LLC All rights reserved.
The following additional terms ("Supplementary Terms") may apply respectively to Users having residence in or nationality of certain countries. In the event of any conflict between the Supplementary Terms and the provisions of the main body of the Terms, the Supplementary Terms shall prevail.
For Users having their habitual residence in European Economic Area (EEA), UK or Switzerland, the following provisions shall apply. The provisions referred to therein (Preamble, Chapter, Section and Article) are those of the Terms. Habitual residence is understood to be the place where the User has his/her centre of life.
1. Preamble of the Terms of Service
The section in the Terms before Chapter 1 ("Preamble") shall be replaced by the following section:
These terms of service (“Terms”) apply to any Users (“Users” or “You”) using the current and future versions of the video communication service (“AZAR”) owned and provided by Hyperconnect LLC (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE.
The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries.
2. Chapter 1, Article 2:
The provision in Chapter 1, Article 2 of the Terms shall be replaced by the following provision:
The Company reserves the right to change the Terms and the Supplementary Terms from time to time, to the extent that such modification does not violate relevant laws and regulations and in any case only if the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of and reasons for the amendments of the Terms. If the User does not object to the amendments of the Terms within six (6) weeks of being notified thereof, the amended Terms shall be deemed to have been accepted by the User. If a refund with regard to such amendments is required by applicable law, You will be entitled to the refund accordingly. The Company will inform the User in the change notification of the User's right to object and the significance of the objection period in the notification. If the User objects, the Company is entitled to delete the Account and the data of the User. The Terms can also be amended by the User's explicit consent to the changes proposed by the Company.
3. Chapter 2, Article 4:
The provision in Chapter 2, Article 4 of the Terms shall be replaced by the following provision:
In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on AZAR, You hereby grant the Company and its affiliates a non-exclusive, royalty-free, sub-licensable, worldwide and transferable license regarding such Content. This license covers Your Content if that Content is protected by intellectual property rights. This license is for the limited purpose of providing You with AZAR and the AZAR App. For this purpose, the Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or create derivative works in connection with Your Content. In addition, so that the Company can prevent the use of your Content outside of AZAR, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from AZAR by other Users or third parties. You may terminate this license at any time by removing Your content from AZAR or deleting Your account.
4. Chapter 4, Article 5:
The provision in Chapter 4, Article 5 of the Terms shall be replaced by the following provision:
You agree that the Company can use any comments, suggestions, or feedback relating to AZAR and/or the AZAR App ("Feedback") submitted by You to the Company exclusive and worldwide for any purpose, without any compensation to You or any other person. The Company will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to AZAR and/or the AZAR App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.
5. Chapter 4, Article 6:
In addition to the provision contained in Chapter 4, Article 6 of the Terms, the following provision shall apply:
In the event of the contract being transferred to a third party, the Company must notify the User at least four (4) weeks before the date of transfer about the contract transfer. The User has the right to terminate the contract with effect from the date of transfer.
6. Chapter 5, Section 1, Article 1 (c):
In addition to the provision contained in Chapter 5, Section 1, Article 1 (c) of the Terms, the following shall apply:
In particular, You agree that the Company may contact You with latest news and special offers in connection to AZAR by e-mail and/or push notification. If You do not wish to receive such communication, You can disable Your account at any time.
7. Chapter 5, Section 1, Article 1 (e):
The provision in Chapter 5, Section 1, Article 1 (e) of the Terms shall be replaced by the following provision:
The Company monitors Your Content in various ways, including automated and human methods, in order to investigate and detect Content in violation of applicable laws or material breaches of these Terms and/or the User Guidelines, in particular Content that violates rights of the Company, third parties and/or other Users. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through AZAR, including Your video chat screen.
8.Chapter 5, Section 2, Article 1 (a):
The provision in Chapter 5, Section 2, Article 1 (a) of the Terms under the headline "Changes to Subscriptions Services" shall be replaced by the following provision:
´ The Company reserves the right to change the contents of Subscription Services with reasonable prior notice if the Company deems it necessary to improve the performance or security of AZAR (e.g., a bug, defect, etc.), to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of AZAR’s system and the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of Subscriptions Services, the Company will notify the Users the details of and reasons for the changes. If the User does not object to the changes within six (6) weeks of being notified thereof, the amended contents shall be deemed to have been accepted by the User. The Company will inform the User in the change notification of the User's right to object to the changes of the Subscription Services and the consequences of the objection period. If the User objects, the Company is entitled to terminate the Subscription Services. The contents of Subscription Services can also be amended by the User's explicit consent to the changes.
9. Chapter 5, Section 2, Article 3:
Deviating from Chapter 5, Section 2, Article 3 of the Terms, the provision that a penalty will be incurred for cancellation if You choose to cancel Your Subscription Services after the subscription period commences, shall NOT apply.
In addition to the provision contained in Chapter 5, Section 2, Article 3 of the Terms, the following shall apply:
This provision does not affect the mandatory legal provisions that apply in the event that the User exercises the right of revocation.
10. Chapter 5, Section 2, Article 4:
In deviation from Chapter 5, Section 2, Article 4 of the Terms, a minor within the meaning of the provision is a User under eighteen (18) years of age.
11. Chapter 9, Article 2:
The provisions contained in Chapter 9, Article 2 of the Terms do not in any case deprive the User of his/her statutory rights.
12. Chapter 9, Article 3:
The provision in Chapter 9, Article 3 of the Terms shall be replaced by the following provision:
(aa) but without limit – for resultant losses arising from injury to life, limb or health;
(bb) for losses arising from a breach of material contractual duties. Material contractual duties are those duties that are material to proper performance of the contract and on whose fulfilment the customer generally relies or is entitled to rely. In this case, however, the amount of the Company's liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the contract was concluded.
13. Chapter 10, Article 1:
The provision in Chapter 10, Article 1 of the Terms shall be replaced by the following provision:
The Terms and the Supplementary represent the complete agreement concerning the matters covered between the Company and You. If any term or provision of the Terms and the Supplementary Terms is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
14. Chapter 10, Article 4:
The provision in Chapter 10, Article 4 of the Terms shall not apply.
15. Chapter 10, Article 5:
The provision in Chapter 10, Article 5 of the Terms shall be replaced by the following provision:
Governing Law and Dispute Resolution
The Terms of Service and the Supplementary Terms, the individual contracts concluded on the basis thereof and their interpretation are subject to the law of applicable jurisdiction.
The European Commission maintains an Online Dispute Resolution (OS) platform with further information which is accessible here: http://ec.europa.eu/consumers/odr/. The participation in the aforementioned Online Dispute Resolution platform is voluntary. The Company does not participate in the mentioned online dispute resolution procedure. Furthermore, the Company is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
16. Right of Revocation
The following instructions of withdrawal shall apply to the purchase of Products, as defined in the Terms, by the User within AZAR, if the User is a consumer. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his commercial or professional activity.
(a) Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform Us
Address: 20F, ASEM Tower, 517, Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the model withdraw form under (c), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired
(b) Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement.
The right of withdrawal shall expire prematurely in case of a contract for the supply of digital contents in non-physical medium if we have started the execution of the contract, after you
(i) have expressly agreed that we shall begin with the execution of the contract before the withdrawal period ends, and
(ii) have confirmed the knowledge of losing Your right of withdrawal by consenting the start of the execution of the contract.
(c) Sample form for withdrawal
(If you want to cancel the contract, please fill out this form and send it back.)
Address: 20F, ASEM Tower, 517, Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
Hereby I/we (*) cancel the from me/us (*) concluded contract for the purchase of the following products (*)/performance of the following services (*)
Ordered at (*)/received at (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only with message on paper)
(*) Delete as applicable.
© Hyperconnect LLC All rights reserved.