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Purchase regulations

Company Banaxi Limited, with headquarters in Anexartisias & Kyriakou Matsi 3, Rousos Limassol Tower, 10th floor, 3040, Limassol, Cyprus, registration ID: HE296276, (hereinafter only as the Operator), issued the following general terms and conditions for providing services Banaxi. Customers accessing Banaxi Service from Czech Republic, Slovakia, Cyprus, Poland, Hungary and Serbia will be redirected to Banaxi Service provided in Greece and expressly agree with the following terms and conditions.

1. GENERAL PROVISIONS

1.1 The operator is the company that provides in its own name and in his own responsibility online video rental services under the brand name Banaxi, which is available at the Internet addresses (URL) http://banaxi.com as well as applications form on so called displaying devices including Smart TV, smart phones, set top boxes etc.. The operator provides to the general public possibility to rent variety of movie titles through VOD in various world territories (Territory) allowed to offer its services due to gained rights. The services are offered in several qualities of picture and sound under the conditions set out in these general terms and conditions (hereinafter the "GTC").

1.2 Content stored on a server Banaxi is intended solely for personal use, respectively observations by users in Territory, where service is available. Commercial or business use of the Content, or any other use of the Content is expressly prohibited. Registered User may not distribute the Content in any way, copy, upload, or otherwise use in violation of these Terms and Conditions and applicable laws and regulations.

2. DEFINITION OF TERMS

For purposes of these GTC shall apply:

2.1 "The price for the Service Banaxi" - price per film or set of films (in the TVOD model – transactional video on demand and SVOD – subscription video on demand) provided by the Operator; Prices listed for individual films located in the video store are inclusive of all taxes,

2.2 "Download" - the use of content to users, so that the Content is made available to users through the receiving device in a format in a way, under conditions and for a period to be agreed with Banaxi as provided in these GTC.

2.3 "Movie" – film audiovisual work forming the content for which the operator has on the basis of separate contracts with the Provider of licence licensing rights and which within the service of Banaxi placed on Banaxi server.

2.4 "Credit / Subscription" - any amount of money, which is used to purchase films within Banaxi Services, which his current amount is listed on the User Account Banaxi,

2.5 "Content" - Movie or movies accessible to users in a format TVOD and SVOD, on which the operator on the basis of separate agreements with licensing rights to Licensor, and that the Service Banaxi placed Banaxi Server, for which an Operator has on the basis of separate agreements with Licensor licensing rights and which within the service of Banaxi placed on Banaxi server.

2.6 "Operator" - Banaxi company that provides service Banaxi,

2.7 "Receiving facility" - TV, SetTopBox, Mobile phones, tablet and other devices with operating system Android, iOS, Windows phone, PC, enabling reception of the Banaxi Services in the form of a Web browser or native application.

2.8 "Registration" - a process where the user fills the application for registration and thus completed application sends to an Operator who will make registration on the basis of a duly completed and delivered application.

2.9 "Server Banaxi" - computer equipment owned or used by an operator located at the premises of an Operator or at the premises of the visiting technology and Banaxi services, on which an Operator will place the content,

2.10 "Service Banaxi" - Internet electronic video rental service intended to registered users provided by the Operator for the territory of various Territories in TVOD and SVOD, possibly Pay TV basis which through the users access to content is secured and through which the user can watch movies stored on the Server Banaxi,

2.11 "TVOD" - a service through which the operator allows the user access to the Content which is generally the film so that such access is subject to making a single payment, when users access to the content lasts for up to 24-48 hours.

2.12 "User" – the person over 18 years old registered in the user interface on the Internet portal of the Operator,

2.13 "Account Banaxi" - user virtual environment placed on the Banaxi Server created by an Operator on the basis of registration, which is accessible to users only when the users enter their user name and the password, through which the user selects from a selection of films and other Banaxi services and order an access to the content in a selected time period, and through which there is price paid for the Service Banaxi,

2.14 "Video rental" - a set of movies stored on the server of the Operator, which represents a complete range of films, divided into different genres. Video rental is continuously updated and rotated,

2.15 "VOD" (Video-On-Demand) - the type of service that allows users to access content that usually form film based on his voluntary choice using a suitable receiving device in the form of TVOD.

2.16 "Customer Service" - an information center for the users where users can daily at a specified time inform themselfs about the Service Banaxi, ordering service Banaxi, report failures, changes and so on.,

2.17 "Applicant" - the person over 18 years old, or a legal entity or an individual entrepreneur, who is interested in providing the Service Banaxi. The same as “User”

2.18 "SVOD" - a service through which the operator allows the user to access the summary of the content, which is usually a group of film and that such access is subject to making regular monthly payments, when users access to the contents usually takes for indefinite period of time for the time of the charged month.

2.19 “Pay TV” – live TV channel available free of charge or as a paid service

3. TERMS OF SERVICE Banaxi

3.1 The operator based on accurate, true and complete filling in the data in the application for registration of users, its delivery to the Operator and payment of the price for Service Banaxi is committed to enable to the user the access to the content and perform any other duties as defined by these Terms and Conditions and the User agrees to use the Service Banaxi in accordance, in a manner and under the conditions set out in these Terms and Conditions as well as pay for the Service Banaxi.

3.2 Those who are interested in providing services Banaxi are required in order to start the Service Banaxi by the Operator to duly register and properly and timely pay the price for the Service Banaxi, according to prices listed for each film or service. User registration is free.

3.3 By sending a completed application for registration the Applicant confirmed that he or she properly and in its entirety read these Terms and Conditions and unconditionally agrees with them. Applicant is at the moment of sending the application for registration bound by these Terms and Conditions.

3.4 User is responsible for maintaining the secrecy of his/her user name, password or any other registration data and bears all responsibility and any costs incurred in connection with the breach of this duty and these General Terms and Conditions.

3.5 Performing registration under the preceding provisions of these Terms and Conditions operator creates and activates the appropriate User Account Banaxi to which the user has after login using his user name and password access.

3.6 User may at any time request the cancellation of his Banaxi Account or modify or delete their data. User can also himself change the provided data.

3.7 After logging in, users can under the conditions set forth in the Terms & Conditions carry out the download from the Server Banaxi. The content provided by the operator is stored in a video store in format Windows Media Video (WMV) and encoded by technology Microsoft DRM (Digital Rights Management) or MPEG in codec H.264 using other DRM technologies. To play movies on PC the operating system is required: Microsoft Windows and Silverlight player or any other operating systems supporting Silverlight player. To play back movies on the TV the native Banaxi application is required. User also acknowledges that to play movies you need internet connection with a speed of at least 3 Mbit/s.

3.8 The user selects a movie within TVOD or SVOD or Pay TV from the current menu on the Operator's website and will be asked to pay price for the Service Banaxi through his Account Banaxi, where the credit will be deducted from his account equal to the price of the movie or SVOD or Pay TV services he chose.

3.9 If in case of the particular Film within TVOD in the current offer will not be determined otherwise, User is entitled to pursue selected film, which he paid for, for an unlimited number of movie viewing, for a period of 24-48 hours from the payment of the price for the Banaxi Service for a particular film or Pay TV service.

3.10 The user can run the film directly in the given browser or through a native application of receiving device.

3.11 Download is permitted only to the user who has in his account the credit with at least the value of the required Banaxi Service. After ordering Services Banaxi the relevant amount will be debited from the users Banaxi account.

3.12 Before playing the film, the Operator recommends to the user to play a test video, on which he can verify, whether is his technical, software equipment and internet connection speed sufficient to play flawless film. If the test video will not play smoothly, it is likely that neither will play the film flawlessly and in this case the operator does not recommend to the user to play the film, respectively to pay for the Banaxi Service. The operator in this case is not responsible for erroneous movie playback. User acknowledges and agrees that in such a case, the operator is not responsible for erroneous movie playback. User acknowledges and agrees that in such a case, the operator can not accept the claim of the flawless movie playing.

4. RIGHTS AND OBLIGATIONS

4.1 Operator shall in particular:

4.1.1 if it is not for technical or operational reasons impossible, respectively feasible only by incurring disproportionate costs, to provide the Banaxi Service to anyone who is interested in any of the Banaxi Service, who meets the conditions for registration

4.1.2 provide the user with information about the facts related to the Service Banaxi especially information on the type and extent of the provided Banaxi Service and method of provision.

4.1.3 if possible, in any appropriate way to inform the User of limitation, suspension and failure of the Banaxi Services, with the exception of emergency situations, during which the fulfillment of this obligation on the part of the Operator is impossible;

4.1.4 ensure the provision of services Banaxi at normal level and in normal quality;

4.1.5 without any delay to eliminate failure arising in connection with provision of Service Banaxi without fault of the user, in the shortest possible time from the user reporting the failure, respectively from the time when the fault has been detected.

4.1.6 ensure the protection of personal data of users in cases specified by law

4.2 The operator has the right to:

4.2.1 to be paid the price for the Service Banaxi;

4.2.2 to verify in a legal way the personal or other information provided to those who are interested, respectively to the users in the registration;

4.2.3 to provide necessary cooperation by the User necessary for the proper fulfillment of the obligations hereunder;

4.2.4 suspend, limit or discontinue the Service Banaxi in accordance with these Terms and Conditions, in particular if the User breaches or fails to fulfill the rights and obligations under these Terms and Conditions;

4.2.5 according to own discretion and decision to change the content.

4.3 The operator is entitled to, based on its unilateral decision to discontinue respectively limit the provision of Banaxi Service, without this suspension or restriction being considered for any breach of these Terms and Conditions, especially due to maintenance of public order or the performance of the public interest, decision of the competent state authority, from the serious organizational, technical or operational reasons, due to crisis situation and in order to carry on the work needed to operate, maintain and repair hardware and software equipment through which the service Banaxi is provided or works needed to prevent formation of defects and errors in these facilities or due to higher authority. Interruption or restriction of the Service Banaxi under this section, operator will not be in default or otherwise violate their obligations to users.

4.4 The operator is also entitled to cancel the users account Banaxi in the event that:

4.4.1. The operator has reason to believe that the User is using the Banaxi account in conflict with applicable laws and generally binding ethical and moral principles of society and morality or these Terms and Conditions or has reason to believe, that Banaxi account is intended to infringe the rights of third persons or to commit or facilitate criminal activity ;

4.4.2. User uses the Content for commercial and other purposes;

4.4.3. User exploits, blocks, modifies or otherwise changes the content or any part o fit.

4.4.4. User is not using his Banaxi Account or fails to download anything for more than six (6) months.

4.4.5. The operator has reason to doubt that the Services to the User Banaxi is another legal person or person as the user specified in the registration form;

4.4.6. User breaches the obligation specified in the Terms and Conditions or any other general or specific conditions and arrangements of provision of the Service Banaxi.

4.5. Operator is not responsible for the content of information, data and data transmitted to the user through the selected films.

4.6. The user has the right to:

4.6.1. to facilitate access to the Content within the specified time period, provided that the conditions of registration are met, Terms and Conditions and payment of the price for the Service Banaxi.

4.6.2. on free and timely removal of the faults arising on the Operator side in providing service Banaxi without users fault, if the User informs Customer Service in writing, by telephone, fax or email;

4.6.3. to complain in case of defective and incorrect Service Banaxi by the Operator.

4.7. The user agrees and is obligated to:

4.7.1. to use the Service Banaxi in accordance with these Terms and Conditions, and any applicable law or the directions and instructions of the Operator,

4.7.2. from the date of registration provide to the operator according to his requirements cooperation, that will be required to meet the obligations of the Operator under the Agreement and these Terms and Conditions;

4.7.3. to inform the Operator in writing of any change in the information provided to the Operator in the registration, ie in particular the change of address (registered office), telephone, or e-mail connection, change of name of the business company, billing address and persons authorized to act on behalf of the user, not later than seven days from the date of any possible chase, to the address for delivering the documents to the Operator, otherwise the operator is not liable for breach of its obligations under the Treaty and the GTC;

4.7.4. to use the Service Banaxi solely for its own use, respectively for the need of the members of their household or at legal persons only for the individual needs of a particular individual who is employed by this legal entity or is a member of a statutory or other body of the legal person;

4.7.5. properly and in time to pay for the price for the Service Banaxi.

5. PROTECTION OF MINORS (MINORS):

User acknowledges the fact, that the movies with erotic nature can be made available to user within the content. User takes responsibility that underage users do not watch erotic or drastic scenes containing films.

6. PRICE FOR SERVICE

6.1. The amount of the price for the Service Banaxi for individual selected films within TVOD, SVOD and Pay TV depending on the length of the activation period is defined by the operator and placed on the web page of each of the films. Operator reserves the right to change the prices for the Service Banaxi or any of its components with the fact that for the avoidance of doubt, it is always the valid price for the service Banaxi, which is mentioned for service at the time of ordering by the registered user.

6.2. Price for the Service Banaxi is always payable in advance through the User Account Banaxi created during registration. User pays credit / Subscription in benefit of Banaxi according to instructions listed on the Operators web page and at least at the amount of the price for the service Banaxi, ie. at least at the amount of the price per film, which requires ensuring access and to whom is interested to make Download. Operator without undue delay after crediting the credit amount in benefit of the Operator shall provide the amount of the credit in the users account Banaxi.

6.3. The user makes the transfer of funds to the Operator in the following ways: by sending payment via SMS, by transfer from a bank’s account to the bank account of the Operator, payment by credit card, using Skrill.

6.4. User acknowledges and agrees that, by debiting the credit from the Banaxi account to pay price for the Service Banaxi regardless of whether the user subsequently took the opportunity to watch a movie. For removal of doubts User agrees that in the event of non-exhaustion of credit in the Account Banaxi, Banaxi will not be returning the unused credit to the user

7. PRIVACY POLICY

7.1. The operator operates the information system, in which the personal data of users are being processed for the purpose of providing the Service Banaxi about privacy policy.

7.2. The operator is the operator of the information system and determines the purpose and means of processing personal data. The operator is entitled to process personal data only to the extent and under the conditions stated in these GTC.

7.3. The operator undertakes to inform the user of any changes relating to the processing of personal data through the website www.Banaxi.com

7.4. The operator is entitled, without the consent of the user to process data of the users, which are the name and registered office, or business name and business entrepreneur of individual or personal data of individual, which include name, address, e-mail address for the purposes of:

7.4.1. closure and performance of the agreement, its amendments and termination,

7.4.2. invoicing, receiving and recording of payments and registration of claims,

7.4.3. drawing up of a list of registered users,

7.4.4. handling of complaints and other submissions of users,

7.5. The Operator is entitled for the purposes under paragraph 7.4 with the approval of the User to acquire and process as well as other information about the user that the User has notified or notifies the Operator in connection with registering, on what the user gives his unconditional consent.

7.6. User also agrees that the Operator can inform him via email, which the User has stated when registering news, upcoming services and other business opportunities.

7.7. User acknowledges that the provision of personal data is voluntary. Regardless of the above also takes note that failure to provide personal information to the extent required for registration is not possible to provide the Service Banaxi.

7.8. The user is obliged to state his personal registration information truthfully. The user is advised and agrees that his registration has been carried out electronically. The user is not entitled to enable the use of the account Banaxi to the third parties.

7.9. Data according to paragraph 7.4 GTC will be kept in accordance with the relevant legislation governing the archiving of documents and in accordance with specific laws to those related.

7.10. The operator based on the relevant legislation is entitled without the consent of the user to process title, name, surname and users address for postal transactions and registration of these data.

7.11. The operator will process the personal data of users which he is authorized to process under the relevant legislation or with the consent of the user using automated and non-automated means of processing.

7.12. The operator is obliged to ensure appropriate measures to protect the identity and other personal data, as well as the information about the user in accordance with applicable laws and regulations.

7.13. User acknowledges that the Operator is entitled to access the information and data stored in providing service Banaxi in the extent necessary in accordance with the law by accounting auditor in accordance with applicable legislation.

8. COMPLAINT

8.1. User is entitled to complain about the quality of the provided service Banaxi or about the price for the service Banaxi within two months, when the occurance of the event happened founding the reason of the complaint.

8.2. In case the User shall not exercise his right under paragraph 8.1 of these Terms and Conditions, so by futile deadline under paragraph 8.1 this right expires.

8.3. The user can make a claim with the Operator submitting letter in the form on www.banaxi.com, and at the same time the Operator is obliged upon a users request to provide written confirmation of the place, time, manner and subject of the complaint.

8.4. To start the claims process it is imperative to state the date and time of payment of the price for the service Banaxi, user login name and users password and the exact name of the paid film.

8.5. In the case of a claim payment, the User shall specify the manner of payments made (SMS, credit card, bank transfer). User also include a description of his technical equipment, in particular version of the operating system, player version, browser version or type and version of the attachment device and method of connection. Based on these data operator begins to process claims.

8.6. The operator is obliged to investigate the complaint and notify the user in writing of the outcome within thirty days from the date on which the claim was validly delivered to the Operator.

8.7. In case, that investigation of the user complaint is particularly complex and its thorough investigation of the thirty day deadline is not objectively possible to ensure, The operator is obliged to announce the outcome of its investigation to the user within sixty days from the date on which the claim was validly delivered to the Operator User.

8.8. The operator is obliged to send the message to a user on settling the claim in writing by email to the address registered by the user.

8.9. If the operator fails to notify the user in writing of the outcome of the complaint investigation within sixty days from date of its delivery to the Operator, the claim was considered justified.

8.10. In case of repeated or unjustified claims of an identical user in the same case the operator is not required to re-investigate these claims and give to those users reclaim any response. Unjustified complaints is also a claim that is made for reasons other than those referred to in paragraph. 8.1 GTC.

8.11. Method of settlement of a claim under paragraph. 8.10 GTC is valid even if the complaint of the user is delivered to the Operator belatedly, ie after the expiry of the period referred to in paragraph 8.1 GTC.

8.12. To assess the claimed event, in case of a warranty, the replacement code will be issued to the user to repeatedly and flawlessly download and watch the film or service, or the price which he paid for the service Banaxi will be returned to him by an adjustement.

8.13. User acknowledges that the Operator is not responsible for the functionality of the User's data network, nor his hardware and software equipment, as well as the functionality of a public Internet network

9. FINAL PROVISIONS

9.1. All users operations in violation of these Terms and Conditions, which also may have the effect of jeopardizing the functionality of Service Banaxi, or any User's activities, which would in any way endanger the copyrights or other rights that relate to the Content, will be assessed by the Operator as failure of these GTC and the Operator is entitled to restrict the user in such activities. Such limitation lies mainly in preventing access to the Service Banaxi or by a denial of providing the service Banaxi in accordance with these Terms and Conditions.

9.2. User or any other person using the website of the Operator acknowledges that, without the prior written consent of the Operator shall not be entitled to use any part of the text of web pages, graphical or other objects of copyright found on the website of the Operator.

9.3. These Terms and Conditions are created in accordance with applicable laws and other laws of Cyprus and are binding on both parties. User accessing the service from any territory, confirms, that he uses the service provided by Cyprus based company respecting Cyprus law.

9.4. Operator reserves the right to change these Terms and Conditions, change of use of the Service Banaxi, even without the prior notice.

9.5. User by his registration and by pressing the button "Yes, I agree " confirms, that he read the Terms and Conditions, all their provisions are clear and understandable to him, he fully understood these Terms and Conditions, agrees with them and commits to follow them.

9.6. These Terms and Conditions shall come into force and effect on January 5, 2014

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