Yandex.Plus Subscription Terms
Posting date: 31.07.2019
Effective date: 01.08.2019
1. General Provisions
1.1. This document (hereinafter referred to as the Terms) sets subscription rules and Yandex.Plus benefits program (hereinafter also referred to as Yandex.Plus) terms for an Internet user (hereinafter referred to as the User) as provided by YANDEX LLC (hereinafter referred to as Yandex).
1.2. With a Yandex.Plus subscription, the User is deemed to have accepted these Terms and the provisions of the documents referred to in these Terms, in full, without reservation or exception. If the User disagrees with the provisions of these documents, the User shall terminate the Yandex.Plus subscription in his or her Personal Account.
For the purposes of these Terms, the Personal Account means the User’s account in Yandex (its affiliates') services (including mobile applications) with user information and other information related to the use of the said services by the User he or she can access having logged in with the User's login and password in Yandex (its affiliates') services.
1.3. Yandex may amend these Terms without any special notice; revised Terms shall take effect once posted online at the URL given in this clause, unless otherwise specified in such revised Terms. The current Terms are always available at: https://yandex.by/legal/yandex_plus_conditions.
1.4. If Yandex has made any amendments to the Terms as prescribed by cl. 1.3 of the Terms that the User disagrees with, he or she shall terminate the subscription in his or her Personal Account. However, any actions the User performs to gain Yandex.Plus benefits after the revised Terms became effective constitute a confirmation of the User’s consent with the revised Terms.
1.5. Yandex.Plus benefits are only available to Users with IP addresses of computers (or proxy servers) on the Internet, which according to Yandex are associated with the Republic of Belarus, Republic of Kazakhstan or the Russian Federation.
1.6. With a Yandex.Plus subscription, the User:
1.6.1. confirms that he or she is legally capable and has reached the age stipulated by the laws of the Russian Federation and the Republic of Belarus to effect transactions as per these Terms.
1.6.2. guarantees the reliability of the personal data he or she provided when signing up, using Yandex (its affiliates') services, and subscribing, accepts responsibility for their accuracy, completeness, and reliability. The User takes all possible risks associated with his or her actions performed with errors or inaccuracies in the personal data he or she provided.
1.6.3. confirms that he or she has read and unconditionally accepted these Terms and the fact that he or she understands the provisions of these Terms and the documents referred to in the Terms;
1.6.4. gives his or her consent to receive advertising and informative messages. The User may refuse to receive advertising messages as the User Agreement for Yandex Services (https://yandex.by/legal/rules) prescribes or following the instructions specified in a message received.
1.6.5. confirms that he or she accepts the terms and conditions stipulated by the following documents:
- User Agreement for Yandex Services (https://yandex.by/legal/rules);
- License to Use Yandex Search Engine (https://yandex.by/legal/termsofuse);
other documents specified in the Personal Account that define terms of corresponding benefits granted to the User.
2. Yandex.Plus Subscription
2.1. A Yandex.Plus subscription and Yandex.Plus benefits are only available to the User, who logged into Yandex services as prescribed by the User Agreement for Yandex Services (https://yandex.by/legal/rules) and user agreements of certain services of Yandex (its affiliates and third parties being Yandex.Plus benefits program partners) listed at https://yandex.by/legal/yandex_plus_privilege_list and in the Personal Account.
2.2. The full and up-to-date list of benefits (services, discounts, accesses, bonus programs, etc.) currently available under a paid Yandex.Plus subscription can be found at https://yandex.by/legal/yandex_plus_privilege_list. Besides, the User with the Subscription, while in the Russian Federation, may gain benefits, the list and terms whereof can be found at https://yandex.ru/legal/yandex_plus_privilege_list, and while in the Republic of Kazakhstan, may gain benefits, the list and terms whereof can be found at https://yandex.kz/legal/yandex_plus_privilege_list.
In addition, the User may have other benefits specified in the Personal Account under the terms described in the Personal Account.
Additional information might be required in the Personal Account to use certain Yandex.Plus benefits. The User shall add missing information or he or she may be denied certain benefits under the subscription.
2.3. With a Yandex.Plus subscription, the User enters into a contract with Yandex (hereinafter referred to as the Contract) under the terms stipulated by this document and the provisions of Art. 429.4 of the Civil Code of the Russian Federation (subscriber's contract). Under the Contract, Yandex undertakes to grant access to Yandex.Plus to the User during the Subscription Period, and the User undertakes to pay the subscription fee (except as specified in cl. 3.8 of the Terms).
For the purposes of these Terms, the Subscription Period means a period of time (for example, a month or a year) specified at https://yandex.by/legal/yandex_plus_privilege_list or in the Personal Account and covered by the subscription and the corresponding fee.
2.4. The amount of Yandex.Plus subscription fee to be transferred by the User to Yandex's account is specified in the Personal Account. Unless the Personal Account specifies otherwise, the fee is charged for each Yandex.Plus Subscription Period the User determined when subscribing.
The one-month Subscription Period begins from the date on which the subscription is paid and expires on the corresponding date of the calendar month following the subscription payment date.
The one-year Subscription Period begins from the date on which the subscription is paid and expires in the corresponding month and on the corresponding date of the calendar year following the subscription payment date.
2.5. The User shall pay for the Yandex.Plus subscription as specified in this clause. In order to subscribe and further pay for the subscription, the User may link his or her bank card and/or electronic payment instrument to his or her Personal Account (Linked Card). For the purposes of these Terms, any bank card and/or electronic payment instrument linked to the Personal Account (including those linked when, prior to, or after subscribing to Yandex.Plus) is deemed to be a Linked Card. Yandex may debit any of the Linked Cards with the amount equal to the Yandex.Plus subscription fee.
To confirm the validity of a Linked Card, Yandex may charge (block) the amount up to 1 BYN to be refunded to the User if the transaction is successful. Failure to charge the said amount means that it is impossible to add this Linked Card and subscribe/pay for the subscription.
When the User enters the Linked Card data and further uses the Linked Card, he or she confirms and guarantees that he or she has specified the accurate and complete data of the valid bank card issued in his or her name; he or she complies with the rules of international payment systems and the requirements of the issuing bank that has issued the Linked Card, inter alia, in terms of non-cash settlements; he or she specified the accurate and complete data of the electronic payment instrument; he or she complies with the e-money operator's requirements.
Yandex reserves the right to require at any time that the User confirm the details he or she has specified in the Personal Account, including the details of the Linked Card, and request supporting documents (in particular, identity documents); if Yandex so decides, failure to provide these documents may amount to the provision of unreliable information and have consequences stipulated by cl. 3.1 of these Terms.
2.6. Access to Yandex.Plus is deemed to have been fully granted to the User for the Subscription Period from the date the User has paid for the subscription in the Yandex server, if the payment is recorded in the Yandex electronic accounting system (or from any other time as specified at https://yandex.by/legal/yandex_plus_privilege_list Personal Account).
Yandex's obligations to grant access to Yandex.Plus to the User under a subscription are deemed to have been discharged regardless of whether the User requested that Yandex should discharge the same during the subscription period and regardless of how many benefits and to what extent the User used during the Subscription Period.
2.7. Under the benefits program, the User may access benefits provided by Yandex or third parties (Yandex.Plus benefits program partners) and included in the Yandex.Plus subscription. Yandex or Yandex.Plus benefits program partners provide the said benefits to the User on demand, i.e. when the User uses services, features, accesses, etc. provided by Yandex.Plus and complies with the terms stipulated at https://yandex.by/legal/yandex_plus_privilege_list or in the Personal Account.
2.8. When subscribing, the User agrees that for each Subscription Period the User determined when subscribing under the terms stipulated at https://yandex.by/legal/yandex_plus_privilege_list or in the Personal Account, Yandex may, as an advance fee, charge the Yandex.Plus subscription fee (subscriber fee) set by Yandex on the day of payment until the User refuses to renew the subscription for the next Subscription Period.
2.9. The User acknowledges and agrees that the Yandex.Plus subscription is automatically made for an indefinite period of time from the date the first Subscription Period is paid for. The User may refuse to renew the subscription for the next Subscription Period in his or her Personal Account. In this case, the User's access to Yandex.Plus shall be terminated from the day following the last day of the paid Subscription Period. Moreover, Yandex may terminate the Yandex.Plus subscription in other cases or for other reasons as stipulated in these Terms.
2.10. If the balance of the Linked Card is insufficient to renew the subscription, Yandex may choose not to cancel the User's access to Yandex.Plus until the Linked Card is debited with the subscription fee amount. Yandex may treat a long-term insufficient balance of the Linked Card as the User's refusal to renew the subscription from the date the unpaid Subscription Period begins.
2.11. By accepting these Terms, the User consents to the regular automatic debiting of his/her account to pay for the Yandex.Plus subscription and acknowledges that debit orders issued under this clause of the Terms are those of the User, and the processing center's and the acquiring bank's actions taken to debit the User's account in accordance with this clause of the Terms are performed with the User's consent.
Automatic debiting under this clause of the Terms begins subject to the following:
- the User enters all required details of the Linked Card;
- the automatic Linked Card debiting service is activated as follows: automatically when the first payment is made;
- by clicking the Subscribe button (or any other similar button), which means the User consents with these Terms.
2.12. The User confirms that Yandex may transfer personal details the User provides to Yandex when he or she uses Yandex services and under the Yandex.Plus subscription, inter alia, when making and paying for the subscription, to Yandex.Plus benefits program partners for them to discharge their Yandex.Plus benefits program obligations to Users and to third parties Yandex involved to exercise its rights and duties under these Terms. The User agrees that Yandex may store the User’s personal details for at least three years from the Subscription Period end.
2.13. The User shall independently check Yandex.Plus subscription status in the Personal Account (paid Subscription Period, subscription fee, list of available benefits) and track changes and updates to the Terms at https://yandex.by/legal/yandex_plus_conditions, https://yandex.by/legal/yandex_plus_privilege_list, and in the Personal Account.
2.14. The User understands and agrees that the list of Yandex.Plus benefits specified at https://yandex.by/legal/yandex_plus_privilege_list and in the Personal Account may be changed, inter alia, supplemented/reduced.
2.14.1. Access to Yandex.Music Database for Mobile Devices (under the terms of the documents posted at https://yandex.by/legal/music_mobile_agreement and https://yandex.by/legal/music_termsofuse) is granted to the User during the entire Subscription Period the User has paid for, if in the Subscription Period concerned such benefit was indicated in the Personal Account at the time the User pays for the Yandex.Plus subscription.
2.14.2. Any change in the list of benefits (subject to the provisions of cl. 2.14.1 of the Terms) will become effective once made in the Personal Account (unless another effective date for the change is specified in the Personal Account).
2.14.3. If new benefits occur, they will become effective once posted in the Personal Account, unless another effective date is specified at https://yandex.by/legal/yandex_plus_privilege_list or in the Personal Account.2.15. The User accepts and agrees that any change in the list of Yandex.Plus benefits as indicated above is not a ground for canceling the Yandex.Plus subscription, revising its cost for the paid Subscription Period, or making a refund. The User accepts and agrees that certain Yandex.Plus benefits may be unavailable in his or her region (assumed geographical location of the User Yandex determined automatically). Some benefits may be unavailable to Users as per documents governing their use (including documents governing the use of Yandex services and services of Yandex.Plus benefits program partners that grant benefits). These circumstances are not grounds for canceling a Yandex.Plus subscription, revising its cost for the paid Subscription Period, or making a refund.
3. Miscellaneous. Restrictions
3.1. Yandex reserves the right to deny access to Yandex.Plus or restrict access to Yandex.Plus (or to certain functions of the Service, if technically possible) using the Personal Account or completely block the User’s account, if Yandex so decides, inter alia, if it finds out that the User provided incomplete or inaccurate data, if the User violated these Terms or the laws of the Russian Federation and/or the Republic of Belarus. If the account is blocked because the User provided inaccurate personal data or if the User violated these Terms, the amount of the subscription fee the User has paid for the current Subscription Period will not be recalculated/refunded.
3.2. Yandex may unilaterally revise the Yandex.Plus subscription fee. At the same time, the User who has made, and paid for, Yandex.Plus subscription (with automatic renewal) will be notified of this change no later than three (3) calendar days before the changes take effect as follows (as Yandex thinks fit): by posting revised Terms at: https://yandex.by/legal/yandex_plus_conditions, by posting information about the new subscription fee in the Personal Account, in marketing and promotional materials provided to Users. At the same time, the fee for the Subscription Period actually paid by the User at the time of making the respective changes is not subject to change.
3.3. According to the general rule, the User is identified by the details of his or her account in Yandex services. Yandex may use other data to identify the User, including data on the payer, when such identification does not violate rights of the parties concerned, rights of third parties, or current laws.
3.4. Except as expressly stated otherwise in the Personal Account, the User may not transfer his or her Yandex.Plus rights and/or obligations to third parties, whether for payment or free of charge.
3.5. The User undertakes not to abuse the Yandex.Plus benefits granted, inter alia, not to take steps to use these benefits in favor of third parties.
3.7. If the User has access to Yandex.Plus without making, and/or paying for, the subscription, the User confirms his or her consent with these Terms, when he or she performs actions to gain Yandex.Plus benefits.
3.8. Yandex may, if it so decides, grant access to Yandex.Plus to users of Yandex (its affiliates') services without subscription as prescribed by these Terms. If this is the case, any steps the User takes to gain Yandex.Plus benefits confirm his or her consent with these Terms.
3.9. Yandex will take all reasonable measures and any appropriate steps to maintain the efficiency of Yandex (its affiliates') services that grant Yandex.Plus benefits. The User is aware that the said services may experience technical faults and failures and agrees that Yandex is technically incapable to predict, to notify the User of, or to fully exclude such faults and failures. Regardless of reasons and consequences, such faults or failures may not be grounds for sanctions against Yandex.
3.10. Yandex is not held liable under disputes and disagreements arising between the User and Yandex.Plus benefits program partners, unless such disputes originate from violations of obligations by Yandex under contracts with its partners.
3.11. Any questions and claims related to the Contract shall be sent via the feedback form at: https://yandex.ru/support/passport.
3.12. Yandex may, if it so decides, involve third parties to exercise its rights and duties under these Terms.3.13 These Terms and all relations associated with Yandex.Plus shall be subject to the laws of the Russian Federation and any claims or actions arising out of or in connection with these Terms shall be submitted to, and reviewed by, courts at Yandex location.