Terms & Conditions

VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, is a lawfully licensed Electronic Money Institution pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof under number 1.

VIVA PAYMENT SERVICES SA

  • is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
  • has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.

VIVA PAYMENTS offices address and the contact details in each country where it carries out its services (physical and electronic) are published here.

‘VIVA PAYMENTS’ operates as an electronic money issuer and provider of payment services related to the issuance, use and redemption of electronic money. These services are provided in accordance with the terms and conditions included herein, as well as with the terms incorporated herein by reference (hereinafter the ‘Terms’), These Terms are considered as Framework Contract for the provision of services by VIVA PAYMENTS to its Users.

Ι. GENERAL TERMS

The present General Terms apply to the relationship of the Users with VIVA PAYMENTS. Special and/or supplementary terms may apply depending on the type of Service, User and Transaction each time. Furthermore, special terms apply to the individual processes pertaining to the provision of the Services. Any reference to the present Terms made to special or supplementary terms will be made by means of a relevant link. These Terms have been drafted in Greek and English and the communication between VIVA PAYMENTS and its User shall be conducted in both such languages.

1. DEFINITIONS

For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.

PAYER: The natural person or legal entity which gives anyhow a payment order (indicatively through the payment account that he holds, etc)

PAYEE: The natural person or legal entity who is the intended recipient of funds which have been the subject of a payment transaction.

PAYMENT TRANSACTION: An act, initiated by the payer or on his behalf or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.

Payment Order: An instruction by a payer or payee to VIVA PAYMENTS requesting the execution of a payment transaction.

VIVA WALLET Payment Account: The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which  the VIVA WALLET account of the User as payee is credited with electronic money corresponding to the monetary equivalent to which the User is legally entitled, as further specified by VIVA PAYMENTS. 
PAYMENT TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the User, as payer, pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to User’s VIVA WALLET account, as further specified by VIVA PAYMENTS. 
LOADING TRANSACTION: A transaction attempted and/or executed by the User intended to the issuance of electronic money by VIVA PAYMENTS, by paying to the latter an amount equal to the monetary value to be issued, and to be further debited to VIVA WALLET payment account. 
REDEMTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money debited as Available Balance in User’s VIVA WALLET account, through collection of the respective amount and decrease the Available Balance accordingly.

DIRECT DEBIT: a payment service for debiting User’s VIVA WALLET payment account, where the payment transaction is initiated by the payee on the basis of the consent given by the User to the payee, to the payee’s payment service provider or VIVA PAYMENTS, as User’s payment service provider,  
BLOCKED AMOUNT: Any electronic money amount, debited in User’s VIVA WALLET account, which is blocked by VIVA PAYMENTS as security of the same and/ or of third-parties receiving or providing payment services (e.g. dispute of a transaction, pending User’s Verification- Identification process e.t.c.) which the User is not entitled to use for his transactions until released. 
BLOCKED TRANSACTION: Any transaction the amount of which is not credited and therefore not available to the beneficiary due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any entities cooperating with the latter or any competent third party  for any reason whatsoever and/ or (c) the procedure for the certification of the identity of the respective payee or payer is pending, and for as long as these conditions continue.

PENDING TRANSACTION: Any Transaction for which completion is pending. 
USER: Any natural person (over 18 years old with full capacity to transact) or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms, either as payer or as payee. 
SERVICES: The electronic money issuing and redemption services, as well the payment services provided by VIVA PAYMENTS to the Users, as specified and notified from time to time by VIVA PAYMENTS. 
BALANCE: The overall monetary equivalent to electronic money, which is displayed as loaded to VIVA WALLET payment account, which, apart from the Available Balance, also includes all Pending Transactions, Blocked Amounts and any potential non-cleared credits or debits for any reason whatsoever; 
AVAILABLE BALANCE: The monetary equivalent to electronic money debited in any VIVA WALLET payment account, which is available for the conclusion/ execution of Payment and Redemption Transactions. 
PRIVATE USER: Any User making use of the Services to perform transactions that do not fall within the scope of the User’s professional/ business activity. 
PROFESSIONAL USER: Any User making use of the Services to perform transactions that fall within the scope of the User’s professional/ business activity. 

CONSUMER: as defined in L. 2251/1994 as in force. Any very small enterprises as defined below are considered as Consumers.

VERY SMALL ENTERPRISE: Any enterprise that, when accepting the terms hereof, shall fall within the scope of article 2 para.9 of L. 2251/1994.
PAYMENT INSTRUMENT: any personalised device and/ or set of procedures agreed between User and the payment service provider and used in order to initiate a payment order.

VIVA PAYMENT INSTRUMENT: the payment instrument defined in EU Directive 2015/ 2366 as effective and which is issued by VIVA PAYMENTS and may be incorporated in an electronic, digital, paper or magnetic medium, or even be intangible (indicatively and not exclusively VIVA debit cards). 
REPEATED TRANSACTION ORDER: any order given by a User to VIVA PAYMENTS authorizing the latter to conclude specific transactions repeatedly, which the User has preapproved as per their amount, or/and their type or/ and their frequency.
VIVA PAYMENTS BANK ACCOUNT: The Bank Account kept by VIVA PAYMENTS at an EEA well known credit institution, which is notified in writing to the User for the purposes hereof. 
VERIFIED BANK ACCOUNT: The active bank account kept in the name of a User at a well known Greek credit institution, and regarding which the User has been identified as legal beneficiary, in accordance with the procedure set out in the Terms. 
VERIFIED PAYMENT CARD: An active, prepaid, credit and/or debit payment card, issued by a  well known organization of the Financial System in cooperation with Card Associations (VISA & MASTERCARD), in respect of which the User has been identified as legal beneficiary and holder, in accordance with the procedure set out in the Terms. 
VIVA SPOTS: Physical facilities of VIVA PAYMENTS or VIVA Representatives or via which electronic money issued by VIVA PAYMENTS is distributed.
Cookies: information files stored in the user’s device by the web server, so that they may be easily recovered when the User visits the relevant website/webpage, in order to facilitate the provision of respective services. 
CONSUMER: as defined by Law 2251/1994, as in force from time to time.

REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction. 
REFUND FROM USER: Any request made by any third party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction. 
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: as defined in the General Data Protection Regulation 2016/679, as adopted and applying in Greece and any other relevant applicable European law. 
VERIFICATION: Certification process of identification details provided by the User. 
IDENTIFICATION: The procedure followed in order to confirm the data entered and notified by the User in the context of the present agreement, regarding the User’s identity, contact details and attempted Transactions.

STRONG USER AUTHENTICATION: an authentication based on  the use of two or more elements categorized as knowledge (something only the user knows), possession (something only the User possesses) and inherence (something the User is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.

PERSONALISED SECURITY CREDENTIALS: Personalized features provided by VIVA PAYMENTS to User for authentication purposes.

TRANSACTION CAP: The amount equivalent to the Transactions which the User may conclude without a prior special authorization or/ nor any further procedure for the certification of the User’s verification details being required by VIVA PAYMENTS.   

PAYMENT CARD: the tangible or digital credit, debit and/ or prepaid payment instrument allowing the legitimate holder to conclude Payment Transactions and which has been issued by well known organizations of the Financial System.

VIVA E-MONEY CODE: The special, prepaid, electronic, numerical code, issued by VIVA PAYMENTS, in which e-money of specific monetary value is stored, and with which Users may conduct Loading Transactions by crediting code’s equivalent e-money amount to their VIVA WALLET.

Acquiring of payment transactions: Payment service provided by VIVA PAYMENTS to the User as payee to accept and process payment transactions, which results in a transfer of funds to the User.

Issuing of payment instruments: Payment service by VIVA PAYMENTS to the User as payer, to provide User with VIVA payment instruments to initiate and process User’s payment transactions.

PAYMENT INITIATION SERVICE PROVIDER: payment service provider pursuing payment initiation services as business activities.

PAYMENT INITIATION SERVICE: A service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.

ACCOUNT INFORMATION SERVICE PROVIDER: payment service provider pursuing account information service as business activity.

ACCOUNT INFORMATION SERVICE: an online service to provide consolidated information on one or more payment accounts held by the User with either another payment service provider or with more than one payment service provider.

2. SUBJECT AND PURPOSE

The subject and purpose of the present Terms is the regulation of the relationship between Users and VIVA PAYMENTS with regard to the provision and receipt of the Services.

3. GENERAL CONDITIONS FOR THE PROVISION OF SERVICE

  1. 3.1 The successful completion of the signing up procedure and of the opening of VIVA WALLET payment account by the User constitute a prerequisite for the provision of any Service by VIVA PAYMENTS.  The prerequisites and the procedure for signing up and for the opening and activation of VIVA WALLET payment account are differentiated according to the value and categories of Transactions that the User wishes to conclude.

    3.2   Prerequisites and terms of Signing up

    (a)  Signing up of each User is concluded electronically via VIVA PAYMENTS internet site (http://www.vivawallet.com/en-gr/) following the systemic guidance of the User according to the category in which the latter belongs and the kind of Services wished to be received.

    (b)      Each User states and records electronically the details required by the system for the completion of the signing up and accepts the Terms, after having diligently read and understand them. It is recommended to the Users to proceed to the printing and/ or storing of the Terms accepted at a durable medium. The capability of User to perform legal acts and transact on his own behalf is prerequisite for signing up.

    (c)      Any User shall initially register the following data:

    i.        Valid and active email address which has been legitimately assigned to the User,

    ii. mobile telephone number to which the User is the subscriber or the legitimate holder/user,

    iii. the secret unique password to access VIVA WALLET payment account which will be created by the User following the systemic instructions of VIVA PAYMENTS.

    d) Regarding the email address registered, the User:

    I.        Warrants that he is the legal beneficiary and user of this email address;

    II.      Is required to take appropriate measures to prevent potential non authorized access and use of its email address and recognizes that any communication by means of this email address is deemed as originating, addressed and received by the same.

    e) Regarding the mobile telephone number registered, the User:

    i.        Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection

    ii.       Warrants that this number is identified in its name as the subscriber or legal user.

    f) Regarding the password, the User must:

    i.        keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,

    ii.       change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.

    iii.      Never and for no reason to use VIVA WALLET payment account password which has been assigned to another User which may have been disclosed to the same in any way whatsoever.

    VIVA PAYMENTS shall not request the User, ever and by any means whatsoever, (e.g. by phone or e-mail), to disclose its VIVA WALLET payment account password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET payment account password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET payment account password to any third party, the User is liable for and bears the consequences deriving from non-authorized access and/ or use such as, indicatively,  third party unauthorized access to its VIVA  WALLET payment account available balance for the conduct of transactions, access to transactions history and authentications information, change for the User personal information, blocking of the User for the conduct of transactions through User’s VIVA WALLET payment account, etc In the event that the User is suspected that its authentication information have been subject to interception or have been disclosed by any way whatsoever to any third party, the User must change then notify immediately VIVA PAYMENTS  at the contact details published here .

    VIVA PAYMENTS may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the Transaction he concludes as well as based on other criteria which may apply on a case by case basis.

    In the event of Users who are legal entities the registration of any data is made exclusively by their legal representative. From the conclusion of the registration as such it is presumed that the person that makes the registration and signing in is the legal representative of the legal entity. The legal representative of the User who is a legal entity is entitled to grant access to individual operations of VIVA WALLET payment account to third parties; the legal representative is solely and exclusively responsible and liable for the provision of such authorization and for such third parties’ actions; authorization is provided pursuant to the electronic registration and authorization procedure followed by the legal representative and the acceptance of the authorization and access granted by such third parties. VIVA PAYMENTS reserves the right to request any information regarding the justification and confirmation for the provision of such authorized access to VIVA WALLET payment account as well as the identity of the persons authorized and the User must provide them.

    In any case, the User shall take any suitable measures so that the devices used in the context hereof (personal computer, tablets, mobile phones) be equipped with suitable special security programs (such as antivirus), in order to avoid or combat any malicious software infection.

4. VERIFICATION – IDENTIFICATION

  1. 4.1   VIVA PAYMENTS reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time Verification – Identification procedures with the purpose of verifying the identity of the User.

    4.2   These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:

    a) the kind of User and/ or

    b) the kind of Transactions the User concludes and/ or

    c) the amount of the transactions that the User concludes.

    4.3 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalization of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason the Verification and Identification procedures of the Users and the policies that VIVA PAYMENTS applies for that purpose are designed and updated according to the compliance obigations of VIVA PAYMENTS to the respective AML legislation and are notified each time at VIVA PAYMENTS web site. Each User is guided by the system as per the procedure of Identification and Verification that should follow according to what is agreed under 4.2 above.

    4.4. VIVA PAYMENTS reserves the right to request from any User information and data concerning the same and/ or the person who the User represents, the Transactions made by means of using the Services as well as any third parties who participate or interfere with these Transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation. 

    4.5 VIVA PAYMENTS reserves the right to request by any User, and such User must comply, to proceed to actions that may involve third parties also for the purpose of verification or the data registered and their identification.

    4.6 VIVA PAYMENTS applies the Verification and Identification procedures notified to the Users systemically and the User must comply accordingly. VIVA PAYMENTS reserves the right to unilaterally amend the applicable policies and procedures and the individual actions included on a case by case basis and according to its sole discretion, in order for their intended purpose to be accomplished, as provided under Term 4.3.

    4.7 The Users must provide and register, true, accurate, adequate and valid data and justification materials  and must also proceed to any Identification and Validation indicated immediately and as soon as it is requested by VIVA PAYMENTS. The Users acknowledge and accept that any lack or failure to completely comply with the requirements of VIVA PAYMENTS set in the framework of the Identification and Verification procedures and actions may result, at VIVA PAYMENTS sole discretion, to the unilateral suspension of the provision of Services, the blocking of the Available Balance of VIVA WALLET and/ or the termination of the present agreement for material reason and at no cost for VIVA PAYMENTS.

    4.8 The User acknowledges that has understood the difference between Private User and Professional User as defined above as well as his obligation to register at VIVA PAYMENTS under its true capacity, based on how he shall use VIVA WALLET and the services provided by VIVA PAYMENTS. In case the User is registered at VIVA PAYMENTS and identified as a Private User but is found to use his VIVA WALLET as a Professional User in breach of the terms herein, then VIVA PAYMENTS may at its sole discretion convert his VIVA WALLET immediately and without prior notice  to a professional one, and charge retrospectively for the whole period of its operation and for all transactions made by the User, the additional charges based on the pricelist applicable to Professional Users (see. here) as if it had been registered from the beginning as such at VIVA PAYMENTS.

    4.9. VIVA PAYMENTS applies Strong Customer Authentication in any case that the User:

    a) has online access to his VIVA WALLET payment account,

    b) initiates electronic payment transaction

    c) proceeds to any act through remote means where there is payment fraud or other violation risk.

    4.10. Especially regarding cases under 4.9.b and 4.9.c above, VIVA PAYMENTS applies strong customer authentication, which includes elements that dynamically relate each transaction with specific amount and specific payee/ beneficiary. VIVA PAYMENTS adopts any suitable safety means to secure confidentiality and integrity of Users personalized security credentials. Provisions of this paragraph also apply in case that the payment initiation takes place through payment initiation service provider. Provisions of terms 4.9. and 4.10. recital b also apply when information are also requested through account information service provider. VIVA PAYMENTS allows payment initiation service providers and account information service providers to count on authentication procedures applied by VIVA PAYMENTS for its Users as per para. 4.9. and 4.10 above.

     [VG1]γίνεται Linked  εδώ  https://www.vivawallet.com/en-us/business/pricing

     

5. CHARGES – BALANCES – DATES

  1. 5.1   CHARGES

    5.1.1 The charges of VIVA PAYMENTS Services, as provided from time to time,  are published here

    5.1.2 Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.

    5.1.3 VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.

    5.1.4 Any amount of Refund from User becomes due and payable as soon as VIVA PAYMENTS notifies to the User the request for Refund, under the reservation of the provisions regarding Blocking of Amounts which may suspend the collection at VIVA PAYMENTS sole discretion.

    5.1.5 VIVA PAYMENTS collects any amounts as soon as they become due by means of direct debiting the Available Balance of the User’s VIVA WALLET payment account, which is decreased accordingly, without any notice being required for that purpose. By means of accepting the Terms, the User explicitly and without any reservation authorizes VIVA PAYMENTS to proceed to the respective debit of User’s VIVA WALLET payment account to collect any amounts due. Any VIVA PAYMENTS due charges debited to VIVA WALLET payment account, however not collected due to lack of adequate Available Balance, are collected in priority against any other potential charge as soon as and to the extent that the Available Balance becomes adequate.

    5.1.6 The Users acknowledge and accept without any reservation that the representation of the amounts due to VIVA PAYMENTS in its accounting books and/ or the updated accounting representation of the statements and the Available Balance of VIVA WALLET payment account issued by VIVA PAYMENTS constitute complete proof of the amounts due by the User towards VIVA PAYMENTS and vice versa, not being subject to any challenge, capable of fully justifying the proof of the claim, sufficiently fulfilling the requirements for the issuance of a payment order for their collection, taking also into account the compliance obligations of VIVA PAYMENTS as lawfully licensed E Money Institution.

    5.2 BALANCES

    5.2.1 The Balance of the User’s VIVA WALLET payment account is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.

    5.2.1 The Balance of the User’s VIVA WALLET payment account in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.

    5.2.3 The Users acknowledge and accept without any reservation that only the e-money which corresponds to the Available Balance can be used for any Transaction which requires the User being debited and/ or can be redeemed.

    5.2.4 In the event that the Available Balance of VIVA WALLET payment account is not adequate for the completion of any payment order, such order is not executed and remains Pending Transaction.

    5.3 RECEIPT & EXECUTION PAYMENT ORDERS DATES- ORDERS IRREVOCABLE

    5.3.1 Any payment order is transmitted by User to VIVA PAYMENTS online through User’s VIVA WALLET payment account administration tool, by use of User’s password as per term 3.2.1.3. Any payment order given within a day either by the User as payer or by the payee, is considered as received by VIVA PAYMENTS immediately by the time given by the User with immediate charge of order’s amount to his VIVA WALLET payment account and is executed within the same day or the business day after at the latest, upon debiting of User’s VIVA WALLET payment account with the respective amount.

    5.3.2 User is not entitled to revoke a payment order received by VIVA PAYMENTS as per terms above unless the charge has been agreed to take place on specific date, when at this case the User is entitled to revoke it at the end of the previous business day before the date agreed.

    5.3.3 The User is entitled to revoke a direct debit order until the end of the business day preceding the date on which it has been agreed between User and the payee that User’s VIVA WALLET payment account shall be charged. If such deadline lapses without any action, the User is considered to have approved the execution of the direct debit transaction.

    5.3.4. Upon lapse of the deadlines set above, within which a payment order may be revoked, its revoke by the User is allowed only upon special agreement of VIVA PAYMENTS with the User (especially in cases of direct debit the payee’s agreement is also required). In such cases the User bears any revoke costs as set in VIVA PAYMENTS’ pricelist.

    5.3.5. Any VIVA WALLET payment account debits regarding Loading Transactions take place in real time to the extent that such debits depend exclusively on VIVA PAYMENTS and no other deadline is required by third payment service providers or providers of supporting services for the Transaction completion.

    5.3.6. Value Date:

    a) The value date for User’s VIVA WALLET payment account charge, when User acts as payer, cannot be prior the time when the account is charged with the amount of the payment transaction.

    b) The value date for User’s VIVA WALLET payment account debiting as payee is the working date, the latest, within which the account is debited with the amount of the payment transaction.

    5.4 AMOUNTS BLOCKING

    VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET payment account and not to include it in the Available Balance in the event that:

    5.4.1 non cleared Debits of VIVA WALLET payment account or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;

    5.4.2 a breach of the Terms or of any instructions provided by VIVA PAYMENTS has been made by the User or is arguably suspected and for as long such condition is investigated according to the applicable legislation;

    5.4.3         it corresponds to a Transaction which is under the status of Blocked Transaction.

    5.4.4         User’s Verification-Identification procedure according to article 4 above is pending and not complete.

    5.5  Under the reservation of the provisions of article 4.8 above, VIVA PAYMENTS is entitled to charge retroactively any User ’s VIVA WALLET for all the transactions concluded, if found that the transactions have been made under faulty registration and identification capacity of the User, precisely under  his capacity as  Private User instead of a Professional one. In such case the User acknowledges and unconditionally accepts to pay immediately that amount to VIVA PAYMENTS.

     

6. CONSUMER PROTECTION

  1. 6.1 To the extent that the Services provided are addressed to Users under their capacity as Consumers, the provisions of the applicable legislation regarding the protection of consumers apply.

    6.2 Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 4i of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.

    6.3 With respect to the Users’ right to information under their capacity as Consumers, the relevant provisions regarding the information of the Users by VIVA PAYMENTS are included in Term 7.

7. INFORMATION – NOTIFICATIONS

  1. 7.1 It is recommended to the Users to read carefully all information included in VIVA PAYMENTS website as well as the Terms, including any information to which a reference is made therein, prior to their acceptance. For any clarification with respect to the Terms and Services, Users may contact the competent department of VIVA PAYMENTS, using the contact details provided here.

    7.2 Any communication between VIVA PAYMENTS and the Users is made through the e-mail address and the mobile phone number registered by the User during signing up procedure, as well as through the User’s profile. In the event that a service of a document is required to the User, it is validly made at the postal address stated by the User, otherwise at the address deriving from independent third party sources.

    7.3 In the event of any change to the contact details as well as to any other information registered to VIVA PAYMENTS during the procedure of creating their profile, Users must adjust its profile accordingly guided systemically by VIVA PAYMENTS as per the actions required to that respect. In the event of change of the User’s profile VIVA PAYEMENTS may request the identification/ verification of the data amended following the procedure of Identification/ Validation.

    7.4 VIVA PAYMENTS provide to the Users any information requested regarding VIVA PAYMENTS, its activity as a supervised E Money Institution, its Servicers and any special elements thereof. In any event that the requested information is published, the information obligation may be fulfilled by means of referring the requesting User to the published information. In any event information is made by means of email and/ or at VIVA PAYMENTS website. Personalized information may be available by means of uploading at the personal electronic profile of the respective User.

    7.5 VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.

    7.6 VIVA PAYMENTS may provide to Users at least once quarterly, any information required for the corroboration of credits and debits of VIVA WALLET payment account and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.

    7.7 Specifically, VIVA PAYMENTS must provide to the Users at least the following information:

    (a)The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.

    (b) the amount of a Transaction at the currency that it is debited to VIVA WALLET.

    (c) The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.

    (d) The potential exchange rate used for the transaction and the respective amount before its exchange.

    (e) The value date for the credit of VIVA WALLET.

    7.8 Upon User’s request, such information of term 7.7. is notified to the User by VIVA PAYMENTS periodically, at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store it at  a durable medium.

    7.9 In the event that VIVA PAYMENTS denies to proceed to a Transaction it should inform the User about the denial as well as, if it is possible, about the reasons for denial and/ or the means of remedy unless otherwise is provided by the applicable legislation. VIVA PAYMENTS may at its discretion apply a fee for the provision of such information under the condition that the denial is objectively grounded.

    7.10        Further to any obligations undertaken by the User in the framework of the Identification and Verification and Strong Customer Authentication procedure regarding the notification of data and information, as well as regarding the notification of amendments thereof, the User must also notify to VIVA PAYMENTS in writing any amendment of any information or data stated or notified to VIVA PAYMENTS in consideration and in the framework of the receipt of the Services, especially provided that it may influence their provision or receipt. The notification of these amendments are made via VIVA WALLET payment account systemically, within the day following their conclusion at the latest.

    7.11        Until the aforementioned notification to VIVA PAYMENTS is concluded, the Professional User has no right to counter to VIVA PAYMENTS any allegation, objection or argument based on non-notified amendment.

    7.12. VIVA PAYMENTS may deny to account information service provider or payment initiation service provider any access to User’s VIVA WALLET payment account for objectively reasonable causes related to non- authorized or fraudulent access to VIVA WALLET payment account, including any fraudulent and unauthorized payment order initiation, either by the account information service provider or payment initiation service provider. In such cases, VIVA PAYMENTS informs User for such denial to access his account and the reasons for such denial through VIVA WALLET payment account’s electronic environment or/ and with any other suitable means, upon VIVA PAYMENT’s discretion, unless such information opposes to objectively reasonable reasons for safety or to European or national legislation. If such denial reasons cease, VIVA PAYMENTS shall allow the access to User’s VIVA WALLET payment account.

8. PERSONAL DATA - CONFIDENTIALITY

1. Users as subjects of personal data processing, defined in accordance with article 4, par. 1 of the European General Data Protection Regulation 2016/679 (GDPR), provide their explicit consent to the keeping and processing of a personal data record by VIVA PAYMENTS. They understand, agree and accept that the processing is necessary for the performance of a contract and for compliance of VIVA PAYMENTS with its lawful obligations, as a licensed Electronic Money Institution and Data Controller of the record kept, pursuant to article 6, par. 1 (a), (b) and (c) of the GDPR, L. 2472/1997 or other relevant law as applicable from time to time.

2.            As Data Controller of the record kept, pursuant to article 4, par. 7 of the GDPR, VIVA observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability, while it takes all proper technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.

3.            The data regarding Users are collected directly from the Users, as well as from independent third party sources, where such data has been published. Such personal data is processed for the purpose of providing the Services requested by Users, who have the rights of information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on data kept by VIVA PAYMENTS, in accordance with the applicable laws. The content and the procedure of exercising these rights are provided here.

4.            VIVA PAYMENTS may transfer the collected data and information to third parties which it has appointed as Data Processors, in accordance with article 4, par. 8 of the GDPR (e.g. infrastructure providers, data centers, cloud providers etc.), as required for the provision of the Services with the necessary guarantees of natural and technical safety, contractual terms, service level agreements, cybersecurity etc. Additionally, VIVA PAYMENTS may proceed to the interconnection of the files kept with the corresponding files kept by its affiliated companies and/ or third parties or legal persons. The Users, by accepting the terms herein provide their consent for such transfer and interconnection.

5.            VIVA PAYMENTS reserves the right to proceed to further notifications and requests for the provision of consent if it deems it is necessary and in any event it will proceed to the required notifications and licensing by the competent supervisory, monitoring, judicial and police authorities.

6.            Refusal to provide by the User of its consent regarding the required collection, processing, transfer of the data or the interconnection of files may result to the inability to provide the services requested by the User or the unilateral suspension of the provision of the Services, the blocking of the Available Balance of VIVA WALLET of the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.

7.            The Users consent to the disclosure of their data (e.g. subscriber or user data, location data etc.) and of the content of their communication with VIVA PAYMENTS to the Organizations, Businesses and Banking Institutions which are engaged with the provision of the Services in any way whatsoever and/ or to the issuance and management of Payment Instruments and the execution of the present agreement as well as to the competent supervisory, police, tax and judicial authorities within the framework of prevention, investigation and suppression of criminal acts (as fraud, money laundering etc.).

8.            VIVA PAYMENTS must retain the data of the Users and of the Transactions attempted and/ or executed via its systems for the minimum time required by the applicable legislation. That means that even in the event of definitive termination of the contractual relationship between VIVA PAYMENTS and the User for any reason whatsoever and/ or the final deactivation of VIVA WALLET and of the VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided.

9.            VIVA PAYMENTS has a cookies management policy. Cookies are text files and messages of the server to the browser of the User who visits our website, which are technically required for the provision of the Services. The installation and management of Cookies is performed upon the consent of the User, in accordance with the Security and Data Protection Policy of VIVA PAYMENTS (available here), that is compliant with the, subject to be replaced by a Regulation, Directive 2009/163/EC (E-privacy). The cookies which are in principle used by VIVA PAYMENTS falls under the following categories:

1.            Cookies necessary for the identification and/or maintenance of content introduced by the User when connecting to a web page, throughout the respective connection.

2.            Cookies necessary to verify the identity of the subscriber or user regarding services which require verification.

3.            Cookies installed for Users’ security purposes.

4.            Cookies necessary for load balancing during connection to a web page.

5.            Cookies that “remember” the User’s choices in relation to the web page’s display.

10.          VIVA PAYMENTS’ Security and Data Protection Policy is incorporated by reference to these terms of Services’ provision.

11.          VIVA PAYMENTS as well as any third-party payment services provider or any organization engaged in any way in the Service provision process (e.g., including but not limited to, credit institutions cooperating with VIVA PAYMENTS, credit institutions, International Organizations Visa, MasterCard etc.) shall be entitled to gather information and data from the information files and databases legally kept, with regard to the credibility and reliability of User and the transactions attempted thereby, as well as other persons connected to Users, directly or indirectly. Given that the access of authorized third parties to transactions’ data is stipulated in law, Users provide their explicit and unreserved consent in this respect.

12.          VIVA PAYMENTS may proceed, subject to a prior notice to the users, to the recording of the content of its communications with the Users, with the consent of the Users for purposes of performance of a contract, the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation.

9. RESOLUTION OF DISPUTES – APPLICABLE LAW

  1. 9.1   This contract shall be governed by and interpreted in accordance by virtue of  the laws of Greece.

    9.2   Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

    9.3   User is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.

    9.4   VIVA PAYMENTS shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.

    9.5   For dispute resolution between User and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.

    9.6   In any case, any dispute that may arise between the User and VIVA PAYMENTS, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).

    9.7     In the event that the dispute is not referred or is not achieved to be settled amicably or by means of an alternative dispute resolution, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Athens, Greece.

10. TERM AND TERMINATION

  1. 10.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 10.

    10.2 The User or VIVA PAYMENTS has the right to terminate the present agreement for convenience and in writing, i.e. without any reason being required, provided that the termination has been notified to its counter party in writing, by the User at least thirty (30) days and by VIVA PAYMENTS at least two (2) months prior to the date that the termination is effected and produces its results.

    10.3 In the event of breach of these Terms or of the applicable legislation by the User or VIVA PAYMENTS, the counterparty of the party in default, as the case may be, has the right to terminate this agreement with immediate effect, i.e. without any prior notification being required. Likewise, any of the parties has the right to terminate this agreement for material reason, with an immediate effect, i.e. without any prior notification being required. Explicitly, however indicatively, as material reason justifying termination or deactivation of VIVA WALLET payment account according to Term 10.5 are agreed suspension of VIVA WALLET for more than six (6) months, bankruptcy, liquidation, entering into receivership and in general the dissolution or cease of the business of any of the parties for any reason whatsoever. In such an event:

    10.3.1. The party terminating the agreement has the right to set a remedy period at is sole discretion.

    10.3.2. The results of the termination are effected according to article 10.2 above.

    10.4       As a result of the termination:

    10.4.1      VIVA PAYMENTS suspend the provision of Services to the User and restrict access to the information included in the User’s profile solely to retrieval of the history of statements, without any right to proceed to any Transaction, with the exception of the Redemption Transaction of the Available Balance.

    10.4.2      The operation of VIVA WALLET payment account is permanently suspended with the exception of Redemption Transactions of the Available Balance, whereas, upon complete redemption thereof, it is closed permanently.

    10.4.3      The User is not entitled to use the Services. User’s access to its VIVA WALLET payment account as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.

    10.4.4      The User

    10.4.4.1      Cease the use of any material, digital or electronic, provided by means ‘loan to use’, assignment and in general without having acquired respective property of the material for the purpose of facilitating the execution of transactions, which in any event are deactivated and which should be returned to VIVA PAYMENTS.

    10.4.4.2      Should provide the minimum required access to its facilities and to cooperate with VIVA PAYMENTS in order to conclude smoothly the procedure for the termination of the cooperation.

    10.4.4.3     Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)

    10.4.4.4     Should cease the use of the trademarks and any distinctive signs of VIVA PAYMENTS and/ of its licensors to the extent that such uses had been allowed due to the kind of transactions executed.

    10.4.5. Any Repeated Credit or Debit (e.g. installments, standard orders) of VIVA WALLET and of the Payment Instruments connected thereof for which the User has given a respective order is cancelled and the User is liable to secure their prompt payment by any other means.

    10.5      The electronic money loaded to the User’s VIVA WALLET remains valid and effective indefinitely. In the event that a User has not executed a Transaction using VIVA WALLET payment account for a period over twelve (12) months, VIVA PAYMENTS reserves the right to permanently deactivate VIVA WALLET payment account and any Payment Instruments connected thereto. In such an event, and also in the event that the User, after the results of the termination have been implemented, has not managed to redeem the monetary equivalent of the Available Balance for a period of over one (1) year from termination, VIVA PAYMENTS shall reserve the right to deposit the monetary equivalent of the Available Balance to the Verified Bank Account or to the Verified Payment Card, or, in lack of them, to the Deposit and Loans Fund, burdening the User with the relevant costs, fees and taxes.

    10.6             In the event that the results of the termination are implemented, the User’s VIVA WALLET payment account remain partially until any pending Transactions are cleared and paid, including Refunds from and to the User and VIVA PAYMENTS charges. In addition, if there are pending audits, disputes or claims by VIVA PAYMENTS or third parties against the User, the User shall continue to be held liable for them even after the contract’s termination, both during the period of VIVA WALLET’s suspension as well as after permanent closure thereof.

11. AMENDMENT OF THE TERMS

  1. VIVA PAYMENTS reserve the right to amend the Terms unilaterally, including Service Charges. Users may access the applicable Terms here. It is recommended to Users that they visit the Terms page frequently in order to be informed accordingly.
  2. The notification of the amendment of Terms is concluded by mean of posting the amended Terms on the relevant website VIVA WALLET.
  3. Any amendment to the Terms shall apply and is valid after the lapse of two (2) months (if User is Private) or thirty (30) days (if User is Professional) from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.
  4. In any event and within the aforementioned deadline, either of two (2) months if User is Private or of thirty (30) days if User is Professional, Users who do not accept such amendment must close their VIVA WALLET and terminate this agreement, otherwise they are deemed to have accepted the amended Terms without reservation. In such an event, the relevant Terms regarding the results of the termination apply.

12. LIABILITY

  1. 12.1 Users are liable against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to the use of the Services or due to User’s failure to comply with the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.

    12.2 VIVA PAYMENTS is entitled, to charge Users VIVA WALLET payment account and to receive the equivalent of any amount due by the respective User in the framework of this agreement for any reason whatsoever and to deduct such amount from the Available Balance on the date that it becomes due and onwards.

     

    12.3  In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET payment account of the respective User is debited immediately with the said sum which is paid in priority to VIVA PAYMENTS against any other payment or debit order as soon as there is Available Balance amount.

    12.4 The monetary equivalent of the Available Balance, as well as any other monetary sum paid by the User to VIVA PAYMENTS for the issuance of electronic money does not constitute a deposit or repayable funds received from the public in the sense of Article 9 of Law 4261/14 unless otherwise is provided by the applicable legislation. Additionally, the issuance of electronic money per se does not constitute acceptance of deposits, monies of other repayable funds and the payment of interest or other benefits based to the term that the User possesses electronic money is not allowed.

     

    12.5  VIVA PAYMENTS bears no liability towards Users, consumers, payers, holder of Payment Instruments and/ or any third party to the extent that the successful, prompt and appropriate transfer of any data in the framework of any Transaction depends on the good and/ or uninterrupted operation of electronic communications networks and/ or facilities and/ or applications which are the property or are managed by electronic communication service providers and/ or network operators.

    12.6 In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the User’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that User should intervene to any judicial or administrative procedure in favour of VIVA SERVICES undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.

13. SUSPENSION

  1. 13.1          VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account, as well as of any other Payment Instrument connected thereto, for reasons related to the security of their use and of the Transactions executed, or in the event that non-authorized or fraudulent use is suspected or that an increased risk that a User is unable to comply with the obligations undertaken is identified or reasonably suspected and/ or for any other reason may be provided in these Terms. Risk assessment is made according at VIVA PAYMENTS judgement. Additionally, and according to risk assessment, VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account as well as of any other Payment Instrument connected thereto for reasons imposed by the provisions of the applicable laws or in compliance with the provisions of judicial or other law enforcement authorities or for reasons that are imposed by VIVA PAYMENTS in its absolute discretion such us indicatively reasons that are related to the client’s transactional profile or the latter’s non- compliance with the Identification and Verification procedures imposed by VIVA PAYMSNTS in accordance with the regulations of the supervisory authorities regarding implementation of measures of due diligence or for reasons of non- compliance with the instructions imposed by International Card Schemes. 

    13.2          VIVA PAYMENTS in such a case notifies the User through VIVA WALLET account electronic profile or by any other appropriate, at its disposal, electronic medium and if possible prior to the suspension’s application otherwise immediately after its application, unless such notification or information is conflicting to any objectively justified reasons of is forbidden according to the applicable legislation. As soon as the reasons of suspension cease to exist, suspension is lifted or otherwise the Payment Instrument is replaced by a new one.

     

    13.3      Additional suspension cases are set out in Term 10 TERM AND TERMINATION

     

    13.4      In case VIVA WALLET payment account remains suspended for a period six (6) months VIVA PAYMENTS reserves the right to terminate this agreement with immediate effect.

14. NON ACCEPTED TRANSACTIONS – NON ACCEPTED USERS

VIVA PAYMENTS reserves the right to notify from time to time transactions or activities that constitute non accepted transactions and therefore it is not possible to be concluded with the use of the Services and of the payment instruments issued by VIVA PAYMENTS and of the application and systems provided for the conclusion of the Services.

 

VIVA PAYMENTS is entitled to unjustifiably reject any application for User registration   to its  webpage and / or refuse to provide its services, according to objective criteria set by VIVA PAYMENTS upon its absolute discretion. Any transactions regarding trading of financial instruments as indicatively and not exclusively Bitcoins are expressly prohibited for any User category. With regards to Professional Users (including very small enterprises) , all restrictions are listed below in the last  part of the terms provided herein. Any additional restrictions regarding unacceptable types of transactions and User categories are uploaded on VIVA PAYMENTS official website.

ΙΙ. SPECIAL TERMS

VIVA PAYMENTS provide Electronic Money Issuance and Redemption Services, as well as Payment Services using electronic money issued by VIVA PAYMENTS and/or other payment instruments issued by VIVA PAYMENTS and third-party service providers.

1. ELECTRONIC MONEY ISSUANCE AND REDEMPTION SERVICES

  1. 1.1     Issuance Services

    1.1.1       VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.

    1.1.2        Users may carry out Loading Transactions and debit their VIVA WALLET payment accounts with electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.

    1.1.3        Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:

    1.1.3.1  deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)

    1.1.3.2  charging the Verified Payment Card, following a specific process indicated systemically,

    1.1.3.3  payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).

    1.1.3.4  charging a Payment Card , and issuing of prepaid electronic code,

    1.1.4        As a result of a successful Loading Transaction, VIVA WALLET payment account of the User is credited with electronic money equal to the monetary equivalent of the amount paid to VIVA PAYMENTS for that purpose, which is issued by VIVA.

    1.2     Redemption Services

    1.2.1       Users, provided that they have been previously identified pursuant to Verification and Identification procedure, may conduct any Redemption Transactions and request and receive the monetary equivalent of part or of the total Available Balance kept with VIVA WALLET.

    1.2.2       Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:

    1.2.2.1  Transfer of the requested sum from VIVA WALLET payment account to the Bank Account notified kept in Greece.

    1.2.2.2  credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.

    1.2.3       As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET payment account is decrease at an amount equal to the monetary equivalent redeemed by means of concluding such Redemption Transaction including relevant expenses that burdens the Transaction as well as any other transactions required for its conclusion.

    1.3     Cost of Issuance and Cashing Services

    1.3.1       VIVA PAYMENTS is entitled to charge Users for Issuance Services with the fees included in the pricelist effective each time which is published here. It is recommended to Users to frequently visit this webpage.

    1.3.2       VIVA PAYMENTS reserves the right to charge Users for Redemption Services with the fees included in the aforementioned pricelist provided that Users request redemption prior to the termination of this agreement or after the lapse of least one (1) year from the termination of this agreement. In any such case, prices will be cost oriented

    1.4     VIVA PAYMENTS may cancel, amend and introduce new methods for performing Loading and Redemption Transactions, and shall notify Users of such methods through its website, their profile on VIVA WALLET payment account and/or by e-mail.

     

2.Α. PAYMENT SERVICES

  1. 2.A. PAYMENT SERVICES

    2.1   The Payment Services provided by VIVA PAYMENTS include payment transactions that may be Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.

    2.1.1 Collection Services constitute

    (a) the collection by the User, as payee of amounts paid by third-parties for any legal purpose, which is not carried out in the context of its professional activity, using the Payment Services of VIVA PAYMENTS and crediting the relevant User’s VIVA WALLET payment account with the equivalent of the amount paid in electronic money after having deducted any Transaction costs. The Collection Transactions which are realized in the framework of the professional activity of a Professional User are further provided below in the special terms governing such services,

    (b) transfer of electronic money from a VIVA WALLET payment account to another.

     

    2.1.2 Regarding Payment Transactions

    2.1.2.1 these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET payment account and the Payment Instruments connected thereto.

    2.1.2.2 the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET payment account and the respective decrease of the Available Balance of VIVA WALLET payment account with the equivalent of the amount corresponding to of each payment, burdened  with any potential Transaction costs.

    2.1.2.3 Their completion requires a sufficient Available Balance at the time of execution of the Transaction.

     

    2.1.3 VIVA PAYMENTS is entitled to deduct all charges related to the provision of the Services from any amount payable anytime, before such amount is credited to the beneficiary of the specific Payment.

     2.B. PAYMENT SERVICES

                   I. User, as payer is entitled to use any payment initiation services offered by payment initiation service providers to initiate payment transactions. In such case, VIVA PAYMENTS a) communicates in safety with payment initiation service providers as per the EU Regulation 2018/389 of the Committee and b) after the receipt of the payment order from the payment initiation service provider makes available to the latter any information accessible by VIVA PAYMENTS regarding payment initiation and any other information for such order execution, c) faces without discrimination any payment orders transmitted through payment initiation service providers, unless there are objective reasons for the opposite especially reasons regarding timing, prioritization or the charges, if compared with the payment orders transmitted directly by User.

    II. User is entitled to use account information services that allow access to information regarding VIVA WALLET payment account. In such case VIVA PAYMENTS a) communicates in safety with account information service providers as per the EU Regulation 2018/389 of the Committee and b) faces without discrimination any payment orders transmitted through account information service providers, unless there are objective reasons for the opposite.

3. TRANSACTION LIMITS

  1. 3.1 VIVA PAYMENTS reserves the right to impose monetary limits to any type of Transactions, as well as to unilaterally modify such limits, mainly aiming at the security of Transactions and at preventing and combating money laundering and terrorist financing activities. Furthermore, for the same reasons as well as to secure its business activities, it may establish and impose monetary or other limits to Users, as the case may be. The applicable limits per type of Transaction or type of User shall be posted at the User’s profile.

    3.2 Any Transaction request by the User which could result in exceeding any limit applicable is rejected.

4. DISPUTE

  1. 4.1 All Users must use VIVA WALLET payment accounts and VIVA Payment Instruments in accordance with the terms governing their issuance and use thereof and must notify VIVA PAYMENTS in writing at support@vivapayments.com immediately as soon as they note any unauthorized access to and/or use of VIVA WALLET payment account, as well as any loss, theft or embezzlement of any VIVA Payment Instruments, which may be connected therewith, or of the identification details for access to and use thereof.

    4.2 In order to provide any remedy to the User, under User’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction, including any cases where payment initiation providers are also involved in the execution of the payment transactions –the respective User must have informed VIVA PAYMENTS without delay attributed to his fault or negligence, as soon as User becomes aware of such Transaction raising refund claim within thirteen (13) months from its charge at the latest. In the event that a User under the latter’s capacity as a payer denies that he or she has approved an executed Payment Transaction or argues it has not been executed correctly, he/she shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.

    4.3. VIVA PAYMENTS is obliged to justify that the disputed Transaction has been authenticated, that it has been recorded in detail and registered and that it has not been affected by technical error or malfunction.

    4.4. At any stage of the execution of a Transaction, VIVA PAYMENTS reserves the right to request from Users evidence and information which, at its discretion, are necessary in order to authenticate the Transaction.

    4.5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, upon such notification or the acknowledgement of the non- approved transaction VIVA PAYMENTS must return to the User immediately and in any case until the end of the next business day at the latest, the amount of the unauthorized transaction, unless VIVA PAYMENTS has grounds to suspect that a fraud has taken place, where in such case, notifies the reasons to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

    4.6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions

    (a) up to a maximum amount of fifty (50) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments, unless the loss, theft or embezzlement of VIVA payment Instrument has not been feasible to be monitored by User before the execution of the transaction unless User has acted fraudulently or if the damage has been provoked by acts or omissions of VIVA PAYMENTS’ employee, representative or branch or any other entity to which VIVA PAYMENTS has assigned relevant activities.

    (b) for total damage related to the non-authorized payment act, in so far as such damaged are due the fact that the User has acted fraudulently or in breach of term 4.1, intentionally or due to gross negligence.

    4.7 The User under the capacity of the payer bears no financial consequences deriving from the use of a stolen or embezzled VIVA Payment Instrument or from the non-authorized use of VIVA WALLET payment account, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.

    4.8 Any Refund to User is executed, provided that it is justified according to the Terms and the applicable legislation exclusively by crediting VIVA WALLET with the monetary equivalent in electronic money.

     

5. REFUNDS

  1. 5.1 In the event that VIVA PAYMENTS becomes aware of any dispute of a Collection Transaction by any payer of payment services provider or a any carrier, organization or institution cooperating with them for the purpose of executing this transaction and for any reason whatsoever (e.g. as non approved, revoked, erroneous), in execution of which the User’s VIVA WALLET payment account has been credited, the User must pay to VIVA PAYMENTS an amount equal to the disputed Transaction within the next business day from the notification of the dispute or any other deadline that VIVA PAYMENTS will set at its discretion and to provide VIVA PAYMENTS immediately and within the deadlines notified by the latter at its discretion all the information and data required for the justification of the authenticity, validity and accuracy of the Transaction. For the payment of the refunded amount the User hereby, explicitly and unconditionally authorizes VIVA PAYMENTS to proceed to the collection of the amount of disputed transaction, by charging the Available Balance of the User, withdrawal for the purpose of payment as the requested refund. 

    5.2 The amount that equals to the disputed Transaction may instead of being immediately collected,  become upon discretion of VIVA PAYMENTS  a Blocked Amount during the time period starting from the notification made to the User of the request to dispute the Collection Transaction and until conclusion of the justification procedure and the User’s Available Balance is decreased accordingly.

    5.3 After the conclusion of the justification procedure and provided that the amount has not been paid by the User or collected by VIVA PAYMENTS:

    5.3.1 In the event that VIVA PAYMENTS considers that the Transaction was adequately justified the Blocked Amount is being unblocked,, credited and increases the Available Damage at that moment. 5.3.2 In the event that VIVA PAYMENTS considers that the User has not fulfilled the aforementioned obligations adequately and that the Transaction is not adequately justified based on the data and information submitted the Amount Blocked is debited at VIVA WALLET in order to be refunded to the payer who disputed the Transaction and therefore is entitled to it and the Balance of VIVA WALLET payment account is decreased respectively.

     

    5.4.            In the event that the User has not paid the equivalent of the disputed transaction and the Available Balance does not suffice in order to cover the Blocked Amount for that purpose or for any other purpose whatsoever, any future credit of VIVA WALLET payment account is used to cover the Blocked Amount by increasing the Balance instead of the Available Balance, until full coverage thereof. This shall not preclude VIVA PAYMENTS from claiming payment by other means judicial or extra-judicial.

    5.5.            In the event of a request to refund any transaction amount paid by the User due to cancelation or withdrawal from a Transaction the aforementioned procedure applies respectively. In the aforementioned framework VIVA PAYMENTS may request from the payer or/ and from the beneficiary any and all information and date justifying cancelation or withdrawal from the Transaction according to the applicable provisions, legislative or contractual.

    5.6.            The parties agree that a notification for refund per se addressed by VIVA PAYMENTS to the User regarding refund amounts paid for the reasons provided in the Terms constitutes a full and adequate justification of the User’s debt to VIVA PAYMENTS and its obligation to refund and repay such amount.  Furthermore, it is agreed that the abstract of the commercial and/ or accounting books kept by VIVA PAYMENTS, which may also be kept electronically, including the records relevant to the Transactions and the User’s debt constitute the complete justification and proof of the User’s debt towards VIVA PAYMENTS as well as adequate justification for the fulfillment of the prerequisites for the issuance of a payment order by the court.

    5.7.             The User as payer is entitled to be refunded the amount equivalent to the approved payment which was made by or through the beneficiary of the payment and which although it has been already executed, provided that the following conditions cumulatively apply (a) upon approval the exact amount of the payment act was not specified and (b) the amount of the payment act exceeds the amount reasonably expected by the payment, taking into account the form, the previous expenses habits, the Terms and relevant circumstances, which may not refer to foreign exchange conversion, provided that potentially agreed parity was implemented. In such case, User shall prove that the above terms apply. VIVA PAYMENTS is obliged to return the whole amount of the executed payment transaction, and the value date for VIVA WALLET payment account credit shall not be later that the date that the account has been charged for the transaction execution. The User, as payer shall submit the refund request as per this term, within eight (8) weeks from the date of VIVA WALLET payment account’s charge with the amount of the transaction. Within ten(10) business days from the receipt of the refund request, VIVA PAYMENTS shall either return the amount of the payment transaction or to justify any rejection of such request, while indicating the entities that the User may address to if User does not accept VIVA PAYMENTS’ rejection reasons.

    5.8.              In the event that the User under the capacity of the payer has transferred its consent for the execution of the payment order directly to VIVA PAYMENTS and the information for future payment is notified and is available through its electronic profile or by any other means, at least four (4) weeks before the date provided, such User is not entitled to refund.

    5.9.             In the event that the payment order is initiated by the User under its capacity as a payer, VIVA PAYMENTS is liable against the latter for the proper execution of the payment act, unless it can be can proved that the payment service provider of the beneficiary of the payment has received the respective amount. In case of VIVA PAYMENTS liability as per this term, VIVA PAYMENTS shall return to the User with undue delay the amount of the faulty executed or unexecuted transaction, by rendering the VIVA WALLET payment account of the User to the prior situation. The value date for VIVA WALLET payment account debit shall not be later than the date when the account has been charged for such transaction. If the User provides faulty unique identifier defining the payee, VIVA PAYMENTS shall not be held liable for the non-execution or the faulty execution of the payment transaction. However, VIVA PAYMENTS shall endeavor for the collection of the mounts of such transaction and in case such collection is not possible, gives to the User, upon User’s request in writing, any information, important for the User that VIVA PAYMENTS possesses, so that the User raises any lawful claim for the collection of such amounts.  

    5.10.          The amount of a non-executed or erroneously executed payment is refunded to the User by the person liable as the case may be, by crediting VIVA WALLET payment account with the equivalent of the amount due in electronic money.

    5.11.         In the event of a non-executed or erroneously executed payment, when the payment order is made by the User under the capacity as a payer, VIVA PAYMENTS, regardless of its liability in the context of this paragraph herein, immediately tries, if requested, to detect the payment act and notifies the User for the result.

    5.12.         In the event that the payment order is initiated by User as payee or through the payee, the VIVA PAYMENTS is liable for the proper transfer and completion of the payment order to the payment services provider and within the deadlines provided by law and takes care in order for the amount of the payment act to be available for the beneficiary immediately after the amount is credited to the account of the beneficiary’s payment services provider.

    5.13.         Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.  

    When a payment order is initiated by the User through payment initiation service provider, VIVA PAYMENTS, without prejudice of the terms 4.2. and 5.9 above, returns to the User any amounts of the non- executed or false payment transaction and if this is the case, renders VIVA WALLET payment account that has been charges to the situation as it was before the charge

VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, is a lawfully licensed Electronic Money Institution pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof under number 1.

VIVA PAYMENT SERVICES SA

  • is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
  • has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.

VIVA PAYMENTS offices address and the contact details in each country where it carries out its services (physical and electronic) are published here.

‘VIVA PAYMENTS’ operates as an electronic money issuer and provider of payment services related to the issuance, use and redemption of electronic money. These services are provided in accordance with the terms and conditions included herein, as well as with the terms incorporated herein by reference (hereinafter the ‘Terms’), These Terms are considered as Framework Contract for the provision of services by VIVA PAYMENTS to its Users.

Ι. GENERAL TERMS

The present General Terms apply to the relationship of the Users with VIVA PAYMENTS. Special and/or supplementary terms may apply depending on the type of Service, User and Transaction each time. Furthermore, special terms apply to the individual processes pertaining to the provision of the Services. Any reference to the present Terms made to special or supplementary terms will be made by means of a relevant link. These Terms have been drafted in Greek and English and the communication between VIVA PAYMENTS and its User shall be conducted in both such languages.

1. DEFINITIONS

For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.

PAYER: The natural person or legal entity which gives anyhow a payment order (indicatively through the payment account that he holds, etc)

PAYEE: The natural person or legal entity who is the intended recipient of funds which have been the subject of a payment transaction.

PAYMENT TRANSACTION: An act, initiated by the payer or on his behalf or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.

Payment Order: An instruction by a payer or payee to VIVA PAYMENTS requesting the execution of a payment transaction.

VIVA WALLET Payment Account: The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which  the VIVA WALLET account of the User as payee is credited with electronic money corresponding to the monetary equivalent to which the User is legally entitled, as further specified by VIVA PAYMENTS. 
PAYMENT TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the User, as payer, pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to User’s VIVA WALLET account, as further specified by VIVA PAYMENTS. 
LOADING TRANSACTION: A transaction attempted and/or executed by the User intended to the issuance of electronic money by VIVA PAYMENTS, by paying to the latter an amount equal to the monetary value to be issued, and to be further debited to VIVA WALLET payment account. 
REDEMTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money debited as Available Balance in User’s VIVA WALLET account, through collection of the respective amount and decrease the Available Balance accordingly.

DIRECT DEBIT: a payment service for debiting User’s VIVA WALLET payment account, where the payment transaction is initiated by the payee on the basis of the consent given by the User to the payee, to the payee’s payment service provider or VIVA PAYMENTS, as User’s payment service provider,  
BLOCKED AMOUNT: Any electronic money amount, debited in User’s VIVA WALLET account, which is blocked by VIVA PAYMENTS as security of the same and/ or of third-parties receiving or providing payment services (e.g. dispute of a transaction, pending User’s Verification- Identification process e.t.c.) which the User is not entitled to use for his transactions until released. 
BLOCKED TRANSACTION: Any transaction the amount of which is not credited and therefore not available to the beneficiary due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any entities cooperating with the latter or any competent third party  for any reason whatsoever and/ or (c) the procedure for the certification of the identity of the respective payee or payer is pending, and for as long as these conditions continue.

PENDING TRANSACTION: Any Transaction for which completion is pending. 
USER: Any natural person (over 18 years old with full capacity to transact) or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms, either as payer or as payee. 
SERVICES: The electronic money issuing and redemption services, as well the payment services provided by VIVA PAYMENTS to the Users, as specified and notified from time to time by VIVA PAYMENTS. 
BALANCE: The overall monetary equivalent to electronic money, which is displayed as loaded to VIVA WALLET payment account, which, apart from the Available Balance, also includes all Pending Transactions, Blocked Amounts and any potential non-cleared credits or debits for any reason whatsoever; 
AVAILABLE BALANCE: The monetary equivalent to electronic money debited in any VIVA WALLET payment account, which is available for the conclusion/ execution of Payment and Redemption Transactions. 
PRIVATE USER: Any User making use of the Services to perform transactions that do not fall within the scope of the User’s professional/ business activity. 
PROFESSIONAL USER: Any User making use of the Services to perform transactions that fall within the scope of the User’s professional/ business activity. 

CONSUMER: as defined in L. 2251/1994 as in force. Any very small enterprises as defined below are considered as Consumers.

VERY SMALL ENTERPRISE: Any enterprise that, when accepting the terms hereof, shall fall within the scope of article 2 para.9 of L. 2251/1994.
PAYMENT INSTRUMENT: any personalised device and/ or set of procedures agreed between User and the payment service provider and used in order to initiate a payment order.

VIVA PAYMENT INSTRUMENT: the payment instrument defined in EU Directive 2015/ 2366 as effective and which is issued by VIVA PAYMENTS and may be incorporated in an electronic, digital, paper or magnetic medium, or even be intangible (indicatively and not exclusively VIVA debit cards). 
REPEATED TRANSACTION ORDER: any order given by a User to VIVA PAYMENTS authorizing the latter to conclude specific transactions repeatedly, which the User has preapproved as per their amount, or/and their type or/ and their frequency.
VIVA PAYMENTS BANK ACCOUNT: The Bank Account kept by VIVA PAYMENTS at an EEA well known credit institution, which is notified in writing to the User for the purposes hereof. 
VERIFIED BANK ACCOUNT: The active bank account kept in the name of a User at a well known Greek credit institution, and regarding which the User has been identified as legal beneficiary, in accordance with the procedure set out in the Terms. 
VERIFIED PAYMENT CARD: An active, prepaid, credit and/or debit payment card, issued by a  well known organization of the Financial System in cooperation with Card Associations (VISA & MASTERCARD), in respect of which the User has been identified as legal beneficiary and holder, in accordance with the procedure set out in the Terms. 
VIVA SPOTS: Physical facilities of VIVA PAYMENTS or VIVA Representatives or via which electronic money issued by VIVA PAYMENTS is distributed.
Cookies: information files stored in the user’s device by the web server, so that they may be easily recovered when the User visits the relevant website/webpage, in order to facilitate the provision of respective services. 
CONSUMER: as defined by Law 2251/1994, as in force from time to time.

REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction. 
REFUND FROM USER: Any request made by any third party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction. 
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: as defined in the General Data Protection Regulation 2016/679, as adopted and applying in Greece and any other relevant applicable European law. 
VERIFICATION: Certification process of identification details provided by the User. 
IDENTIFICATION: The procedure followed in order to confirm the data entered and notified by the User in the context of the present agreement, regarding the User’s identity, contact details and attempted Transactions.

STRONG USER AUTHENTICATION: an authentication based on  the use of two or more elements categorized as knowledge (something only the user knows), possession (something only the User possesses) and inherence (something the User is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.

PERSONALISED SECURITY CREDENTIALS: Personalized features provided by VIVA PAYMENTS to User for authentication purposes.

TRANSACTION CAP: The amount equivalent to the Transactions which the User may conclude without a prior special authorization or/ nor any further procedure for the certification of the User’s verification details being required by VIVA PAYMENTS.   

PAYMENT CARD: the tangible or digital credit, debit and/ or prepaid payment instrument allowing the legitimate holder to conclude Payment Transactions and which has been issued by well known organizations of the Financial System.

VIVA E-MONEY CODE: The special, prepaid, electronic, numerical code, issued by VIVA PAYMENTS, in which e-money of specific monetary value is stored, and with which Users may conduct Loading Transactions by crediting code’s equivalent e-money amount to their VIVA WALLET.

Acquiring of payment transactions: Payment service provided by VIVA PAYMENTS to the User as payee to accept and process payment transactions, which results in a transfer of funds to the User.

Issuing of payment instruments: Payment service by VIVA PAYMENTS to the User as payer, to provide User with VIVA payment instruments to initiate and process User’s payment transactions.

PAYMENT INITIATION SERVICE PROVIDER: payment service provider pursuing payment initiation services as business activities.

PAYMENT INITIATION SERVICE: A service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.

ACCOUNT INFORMATION SERVICE PROVIDER: payment service provider pursuing account information service as business activity.

ACCOUNT INFORMATION SERVICE: an online service to provide consolidated information on one or more payment accounts held by the User with either another payment service provider or with more than one payment service provider.

 

2. SUBJECT AND PURPOSE

The subject and purpose of the present Terms is the regulation of the relationship between Users and VIVA PAYMENTS with regard to the provision and receipt of the Services.

3. GENERAL CONDITIONS FOR THE PROVISION OF SERVICE

  1. The successful completion of the signing up procedure and of the opening of VIVA WALLET payment account by the User constitute a prerequisite for the provision of any Service by VIVA PAYMENTS.  The prerequisites and the procedure for signing up and for the opening and activation of VIVA WALLET payment account are differentiated according to the value and categories of Transactions that the User wishes to conclude.

    3.2   Prerequisites and terms of Signing up

    (a)  Signing up of each User is concluded electronically via VIVA PAYMENTS internet site (www.vivawallet.com) following the systemic guidance of the User according to the category in which the latter belongs and the kind of Services wished to be received.

    (b)      Each User states and records electronically the details required by the system for the completion of the signing up and accepts the Terms, after having diligently read and understand them. It is recommended to the Users to proceed to the printing and/ or storing of the Terms accepted at a durable medium. The capability of User to perform legal acts and transact on his own behalf is prerequisite for signing up.

    (c)      Any User shall initially register the following data:

    i.        Valid and active email address which has been legitimately assigned to the User,

    ii. mobile telephone number to which the User is the subscriber or the legitimate holder/user,

    iii. the secret unique password to access VIVA WALLET payment account which will be created by the User following the systemic instructions of VIVA PAYMENTS.

    d) Regarding the email address registered, the User:

    I.        Warrants that he is the legal beneficiary and user of this email address;

    II.      Is required to take appropriate measures to prevent potential non authorized access and use of its email address and recognizes that any communication by means of this email address is deemed as originating, addressed and received by the same.

    e) Regarding the mobile telephone number registered, the User:

    i.        Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection

    ii.       Warrants that this number is identified in its name as the subscriber or legal user.

    f) Regarding the password, the User must:

    i.        keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,

    ii.       change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.

    iii.      Never and for no reason to use VIVA WALLET payment account password which has been assigned to another User which may have been disclosed to the same in any way whatsoever.

    VIVA PAYMENTS shall not request the User, ever and by any means whatsoever, (e.g. by phone or e-mail), to disclose its VIVA WALLET payment account password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET payment account password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET payment account password to any third party, the User is liable for and bears the consequences deriving from non-authorized access and/ or use such as, indicatively,  third party unauthorized access to its VIVA  WALLET payment account available balance for the conduct of transactions, access to transactions history and authentications information, change for the User personal information, blocking of the User for the conduct of transactions through User’s VIVA WALLET payment account, etc In the event that the User is suspected that its authentication information have been subject to interception or have been disclosed by any way whatsoever to any third party, the User must change then notify immediately VIVA PAYMENTS  at the contact details published here.

     

    VIVA PAYMENTS may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the Transaction he concludes as well as based on other criteria which may apply on a case by case basis.

     

    In the event of Users who are legal entities the registration of any data is made exclusively by their legal representative. From the conclusion of the registration as such it is presumed that the person that makes the registration and signing in is the legal representative of the legal entity. The legal representative of the User who is a legal entity is entitled to grant access to individual operations of VIVA WALLET payment account to third parties; the legal representative is solely and exclusively responsible and liable for the provision of such authorization and for such third parties’ actions; authorization is provided pursuant to the electronic registration and authorization procedure followed by the legal representative and the acceptance of the authorization and access granted by such third parties. VIVA PAYMENTS reserves the right to request any information regarding the justification and confirmation for the provision of such authorized access to VIVA WALLET payment account as well as the identity of the persons authorized and the User must provide them.

    In any case, the User shall take any suitable measures so that the devices used in the context hereof (personal computer, tablets, mobile phones) be equipped with suitable special security programs (such as antivirus), in order to avoid or combat any malicious software infection.

     

4. VERIFICATION – IDENTIFICATION

  1. 4.1   VIVA PAYMENTS reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time Verification – Identification procedures with the purpose of verifying the identity of the User.

    4.2   These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:

    a) the kind of User and/ or

    b) the kind of Transactions the User concludes and/ or

    c) the amount of the transactions that the User concludes.

    4.3 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalization of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason the Verification and Identification procedures of the Users and the policies that VIVA PAYMENTS applies for that purpose are designed and updated according to the compliance obigations of VIVA PAYMENTS to the respective AML legislation and are notified each time at VIVA PAYMENTS web site. Each User is guided by the system as per the procedure of Identification and Verification that should follow according to what is agreed under 4.2 above.

    4.4. VIVA PAYMENTS reserves the right to request from any User information and data concerning the same and/ or the person who the User represents, the Transactions made by means of using the Services as well as any third parties who participate or interfere with these Transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation. 

    4.5 VIVA PAYMENTS reserves the right to request by any User, and such User must comply, to proceed to actions that may involve third parties also for the purpose of verification or the data registered and their identification.

    4.6 VIVA PAYMENTS applies the Verification and Identification procedures notified to the Users systemically and the User must comply accordingly. VIVA PAYMENTS reserves the right to unilaterally amend the applicable policies and procedures and the individual actions included on a case by case basis and according to its sole discretion, in order for their intended purpose to be accomplished, as provided under Term 4.3.

    4.7 The Users must provide and register, true, accurate, adequate and valid data and justification materials  and must also proceed to any Identification and Validation indicated immediately and as soon as it is requested by VIVA PAYMENTS. The Users acknowledge and accept that any lack or failure to completely comply with the requirements of VIVA PAYMENTS set in the framework of the Identification and Verification procedures and actions may result, at VIVA PAYMENTS sole discretion, to the unilateral suspension of the provision of Services, the blocking of the Available Balance of VIVA WALLET and/ or the termination of the present agreement for material reason and at no cost for VIVA PAYMENTS.

    4.8 The User acknowledges that has understood the difference between Private User and Professional User as defined above as well as his obligation to register at VIVA PAYMENTS under its true capacity, based on how he shall use VIVA WALLET and the services provided by VIVA PAYMENTS. In case the User is registered at VIVA PAYMENTS and identified as a Private User but is found to use his VIVA WALLET as a Professional User in breach of the terms herein, then VIVA PAYMENTS may at its sole discretion convert his VIVA WALLET immediately and without prior notice  to a professional one, and charge retrospectively for the whole period of its operation and for all transactions made by the User, the additional charges based on the pricelist applicable to Professional Users (see. here) as if it had been registered from the beginning as such at VIVA PAYMENTS.

    4.9. VIVA PAYMENTS applies Strong Customer Authentication in any case that the User:

    a) has online access to his VIVA WALLET payment account,

    b) initiates electronic payment transaction

    c) proceeds to any act through remote means where there is payment fraud or other violation risk.

    4.10. Especially regarding cases under 4.9.b and 4.9.c above, VIVA PAYMENTS applies strong customer authentication, which includes elements that dynamically relate each transaction with specific amount and specific payee/ beneficiary. VIVA PAYMENTS adopts any suitable safety means to secure confidentiality and integrity of Users personalized security credentials. Provisions of this paragraph also apply in case that the payment initiation takes place through payment initiation service provider. Provisions of terms 4.9. and 4.10. recital b also apply when information are also requested through account information service provider. VIVA PAYMENTS allows payment initiation service providers and account information service providers to count on authentication procedures applied by VIVA PAYMENTS for its Users as per para. 4.9. and 4.10 above.

     

5. CHARGES – BALANCES – DATES

  1. 5.1   CHARGES

    5.1.1 The charges of VIVA PAYMENTS Services, as provided from time to time,  are published here

    5.1.2 Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.

    5.1.3 VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.

    5.1.4 Any amount of Refund from User becomes due and payable as soon as VIVA PAYMENTS notifies to the User the request for Refund, under the reservation of the provisions regarding Blocking of Amounts which may suspend the collection at VIVA PAYMENTS sole discretion.

    5.1.5 VIVA PAYMENTS collects any amounts as soon as they become due by means of direct debiting the Available Balance of the User’s VIVA WALLET payment account, which is decreased accordingly, without any notice being required for that purpose. By means of accepting the Terms, the User explicitly and without any reservation authorizes VIVA PAYMENTS to proceed to the respective debit of User’s VIVA WALLET payment account to collect any amounts due. Any VIVA PAYMENTS due charges debited to VIVA WALLET payment account, however not collected due to lack of adequate Available Balance, are collected in priority against any other potential charge as soon as and to the extent that the Available Balance becomes adequate.

    5.1.6 The Users acknowledge and accept without any reservation that the representation of the amounts due to VIVA PAYMENTS in its accounting books and/ or the updated accounting representation of the statements and the Available Balance of VIVA WALLET payment account issued by VIVA PAYMENTS constitute complete proof of the amounts due by the User towards VIVA PAYMENTS and vice versa, not being subject to any challenge, capable of fully justifying the proof of the claim, sufficiently fulfilling the requirements for the issuance of a payment order for their collection, taking also into account the compliance obligations of VIVA PAYMENTS as lawfully licensed E Money Institution.

    5.2 BALANCES

    5.2.1 The Balance of the User’s VIVA WALLET payment account is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.

    5.2.1 The Balance of the User’s VIVA WALLET payment account in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.

    5.2.3 The Users acknowledge and accept without any reservation that only the e-money which corresponds to the Available Balance can be used for any Transaction which requires the User being debited and/ or can be redeemed.

    5.2.4 In the event that the Available Balance of VIVA WALLET payment account is not adequate for the completion of any payment order, such order is not executed and remains Pending Transaction.

    5.3 RECEIPT & EXECUTION PAYMENT ORDERS DATES- ORDERS IRREVOCABLE

    5.3.1 Any payment order is transmitted by User to VIVA PAYMENTS online through User’s VIVA WALLET payment account administration tool, by use of User’s password as per term 3.2.1.3. Any payment order given within a day either by the User as payer or by the payee, is considered as received by VIVA PAYMENTS immediately by the time given by the User with immediate charge of order’s amount to his VIVA WALLET payment account and is executed within the same day or the business day after at the latest, upon debiting of User’s VIVA WALLET payment account with the respective amount.

    5.3.2 User is not entitled to revoke a payment order received by VIVA PAYMENTS as per terms above unless the charge has been agreed to take place on specific date, when at this case the User is entitled to revoke it at the end of the previous business day before the date agreed.

    5.3.3 The User is entitled to revoke a direct debit order until the end of the business day preceding the date on which it has been agreed between User and the payee that User’s VIVA WALLET payment account shall be charged. If such deadline lapses without any action, the User is considered to have approved the execution of the direct debit transaction.

    5.3.4. Upon lapse of the deadlines set above, within which a payment order may be revoked, its revoke by the User is allowed only upon special agreement of VIVA PAYMENTS with the User (especially in cases of direct debit the payee’s agreement is also required). In such cases the User bears any revoke costs as set in VIVA PAYMENTS’ pricelist.

    5.3.5. Any VIVA WALLET payment account debits regarding Loading Transactions take place in real time to the extent that such debits depend exclusively on VIVA PAYMENTS and no other deadline is required by third payment service providers or providers of supporting services for the Transaction completion.

    5.3.6. Value Date:

    a) The value date for User’s VIVA WALLET payment account charge, when User acts as payer, cannot be prior the time when the account is charged with the amount of the payment transaction.

    b) The value date for User’s VIVA WALLET payment account debiting as payee is the working date, the latest, within which the account is debited with the amount of the payment transaction.

    5.4 AMOUNTS BLOCKING

    VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET payment account and not to include it in the Available Balance in the event that:

    5.4.1 non cleared Debits of VIVA WALLET payment account or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;

    5.4.2 a breach of the Terms or of any instructions provided by VIVA PAYMENTS has been made by the User or is arguably suspected and for as long such condition is investigated according to the applicable legislation;

    5.4.3         it corresponds to a Transaction which is under the status of Blocked Transaction.

    5.4.4         User’s Verification-Identification procedure according to article 4 above is pending and not complete.

    5.5  Under the reservation of the provisions of article 4.8 above, VIVA PAYMENTS is entitled to charge retroactively any User ’s VIVA WALLET for all the transactions concluded, if found that the transactions have been made under faulty registration and identification capacity of the User, precisely under  his capacity as  Private User instead of a Professional one. In such case the User acknowledges and unconditionally accepts to pay immediately that amount to VIVA PAYMENTS.

     

6. CONSUMER PROTECTION

  1. 6.1 To the extent that the Services provided are addressed to Users under their capacity as Consumers, the provisions of the applicable legislation regarding the protection of consumers apply.

    6.2 Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 4i of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.

    6.3 With respect to the Users’ right to information under their capacity as Consumers, the relevant provisions regarding the information of the Users by VIVA PAYMENTS are included in Term 7.

7. INFORMATION – NOTIFICATIONS

  1. 7.1 It is recommended to the Users to read carefully all information included in VIVA PAYMENTS website as well as the Terms, including any information to which a reference is made therein, prior to their acceptance. For any clarification with respect to the Terms and Services, Users may contact the competent department of VIVA PAYMENTS, using the contact details provided here.

    7.2 Any communication between VIVA PAYMENTS and the Users is made through the e-mail address and the mobile phone number registered by the User during signing up procedure, as well as through the User’s profile. In the event that a service of a document is required to the User, it is validly made at the postal address stated by the User, otherwise at the address deriving from independent third party sources.

    7.3 In the event of any change to the contact details as well as to any other information registered to VIVA PAYMENTS during the procedure of creating their profile, Users must adjust its profile accordingly guided systemically by VIVA PAYMENTS as per the actions required to that respect. In the event of change of the User’s profile VIVA PAYEMENTS may request the identification/ verification of the data amended following the procedure of Identification/ Validation.

    7.4 VIVA PAYMENTS provide to the Users any information requested regarding VIVA PAYMENTS, its activity as a supervised E Money Institution, its Servicers and any special elements thereof. In any event that the requested information is published, the information obligation may be fulfilled by means of referring the requesting User to the published information. In any event information is made by means of email and/ or at VIVA PAYMENTS website. Personalized information may be available by means of uploading at the personal electronic profile of the respective User.

    7.5 VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.

    7.6 VIVA PAYMENTS may provide to Users at least once quarterly, any information required for the corroboration of credits and debits of VIVA WALLET payment account and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.

    7.7 Specifically, VIVA PAYMENTS must provide to the Users at least the following information:

    (a)The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.

    (b) the amount of a Transaction at the currency that it is debited to VIVA WALLET.

    (c) The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.

    (d) The potential exchange rate used for the transaction and the respective amount before its exchange.

    (e) The value date for the credit of VIVA WALLET.

    7.8 Upon User’s request, such information of term 7.7. is notified to the User by VIVA PAYMENTS periodically, at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store it at  a durable medium.

    7.9 In the event that VIVA PAYMENTS denies to proceed to a Transaction it should inform the User about the denial as well as, if it is possible, about the reasons for denial and/ or the means of remedy unless otherwise is provided by the applicable legislation. VIVA PAYMENTS may at its discretion apply a fee for the provision of such information under the condition that the denial is objectively grounded.

    7.10        Further to any obligations undertaken by the User in the framework of the Identification and Verification and Strong Customer Authentication procedure regarding the notification of data and information, as well as regarding the notification of amendments thereof, the User must also notify to VIVA PAYMENTS in writing any amendment of any information or data stated or notified to VIVA PAYMENTS in consideration and in the framework of the receipt of the Services, especially provided that it may influence their provision or receipt. The notification of these amendments are made via VIVA WALLET payment account systemically, within the day following their conclusion at the latest.

    7.11        Until the aforementioned notification to VIVA PAYMENTS is concluded, the Professional User has no right to counter to VIVA PAYMENTS any allegation, objection or argument based on non-notified amendment.

    7.12. VIVA PAYMENTS may deny to account information service provider or payment initiation service provider any access to User’s VIVA WALLET payment account for objectively reasonable causes related to non- authorized or fraudulent access to VIVA WALLET payment account, including any fraudulent and unauthorized payment order initiation, either by the account information service provider or payment initiation service provider. In such cases, VIVA PAYMENTS informs User for such denial to access his account and the reasons for such denial through VIVA WALLET payment account’s electronic environment or/ and with any other suitable means, upon VIVA PAYMENT’s discretion, unless such information opposes to objectively reasonable reasons for safety or to European or national legislation. If such denial reasons cease, VIVA PAYMENTS shall allow the access to User’s VIVA WALLET payment account.

8. PERSONAL DATA - CONFIDENTIALITY

  1. 1.            Users as subjects of personal data processing, defined in accordance with article 4, par. 1 of the European General Data Protection Regulation 2016/679 (GDPR), provide their explicit consent to the keeping and processing of a personal data record by VIVA PAYMENTS. They understand, agree and accept that the processing is necessary for the performance of a contract and for compliance of VIVA PAYMENTS with its lawful obligations, as a licensed Electronic Money Institution and Data Controller of the record kept, pursuant to article 6, par. 1 (a), (b) and (c) of the GDPR, L. 2472/1997 or other relevant law as applicable from time to time.

    2.            As Data Controller of the record kept, pursuant to article 4, par. 7 of the GDPR, VIVA observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability, while it takes all proper technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.

    3.            The data regarding Users are collected directly from the Users, as well as from independent third party sources, where such data has been published. Such personal data is processed for the purpose of providing the Services requested by Users, who have the rights of information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on data kept by VIVA PAYMENTS, in accordance with the applicable laws. The content and the procedure of exercising these rights are provided here.

    4.            VIVA PAYMENTS may transfer the collected data and information to third parties which it has appointed as Data Processors, in accordance with article 4, par. 8 of the GDPR (e.g. infrastructure providers, data centers, cloud providers etc.), as required for the provision of the Services with the necessary guarantees of natural and technical safety, contractual terms, service level agreements, cybersecurity etc. Additionally, VIVA PAYMENTS may proceed to the interconnection of the files kept with the corresponding files kept by its affiliated companies and/ or third parties or legal persons. The Users, by accepting the terms herein provide their consent for such transfer and interconnection.

    5.            VIVA PAYMENTS reserves the right to proceed to further notifications and requests for the provision of consent if it deems it is necessary and in any event it will proceed to the required notifications and licensing by the competent supervisory, monitoring, judicial and police authorities.

    6.            Refusal to provide by the User of its consent regarding the required collection, processing, transfer of the data or the interconnection of files may result to the inability to provide the services requested by the User or the unilateral suspension of the provision of the Services, the blocking of the Available Balance of VIVA WALLET of the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.

    7.            The Users consent to the disclosure of their data (e.g. subscriber or user data, location data etc.) and of the content of their communication with VIVA PAYMENTS to the Organizations, Businesses and Banking Institutions which are engaged with the provision of the Services in any way whatsoever and/ or to the issuance and management of Payment Instruments and the execution of the present agreement as well as to the competent supervisory, police, tax and judicial authorities within the framework of prevention, investigation and suppression of criminal acts (as fraud, money laundering etc.).

    8.            VIVA PAYMENTS must retain the data of the Users and of the Transactions attempted and/ or executed via its systems for the minimum time required by the applicable legislation. That means that even in the event of definitive termination of the contractual relationship between VIVA PAYMENTS and the User for any reason whatsoever and/ or the final deactivation of VIVA WALLET and of the VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided.

    9.            VIVA PAYMENTS has a cookies management policy. Cookies are text files and messages of the server to the browser of the User who visits our website, which are technically required for the provision of the Services. The installation and management of Cookies is performed upon the consent of the User, in accordance with the Security and Data Protection Policy of VIVA PAYMENTS (available here), that is compliant with the, subject to be replaced by a Regulation, Directive 2009/163/EC (E-privacy). The cookies which are in principle used by VIVA PAYMENTS falls under the following categories:

    1.            Cookies necessary for the identification and/or maintenance of content introduced by the User when connecting to a web page, throughout the respective connection.

    2.            Cookies necessary to verify the identity of the subscriber or user regarding services which require verification.

    3.            Cookies installed for Users’ security purposes.

    4.            Cookies necessary for load balancing during connection to a web page.

    5.            Cookies that “remember” the User’s choices in relation to the web page’s display.

    10.          VIVA PAYMENTS’ Security and Data Protection Policy is incorporated by reference to these terms of Services’ provision.

    11.          VIVA PAYMENTS as well as any third-party payment services provider or any organization engaged in any way in the Service provision process (e.g., including but not limited to, credit institutions cooperating with VIVA PAYMENTS, credit institutions, International Organizations Visa, MasterCard etc.) shall be entitled to gather information and data from the information files and databases legally kept, with regard to the credibility and reliability of User and the transactions attempted thereby, as well as other persons connected to Users, directly or indirectly. Given that the access of authorized third parties to transactions’ data is stipulated in law, Users provide their explicit and unreserved consent in this respect.

    12.          VIVA PAYMENTS may proceed, subject to a prior notice to the users, to the recording of the content of its communications with the Users, with the consent of the Users for purposes of performance of a contract, the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation.

9. ALTERNATIVE DISPUTE RESOLUTION – APPLICABLE LAW

  1. 9.1   This contract shall be governed by and interpreted in accordance by virtue of  the laws of Greece.

    9.2   Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

    9.3   User is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.

    9.4   VIVA PAYMENTS shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.

    9.5   For dispute resolution between User and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.

    9.6   In any case, any dispute that may arise between the User and VIVA PAYMENTS, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).

    9.7     In the event that the dispute is not referred or is not achieved to be settled amicably or by means of an alternative dispute resolution, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Athens, Greece.

10. TERM AND TERMINATION

  1. 10.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 10.

    10.2 The User or VIVA PAYMENTS has the right to terminate the present agreement for convenience and in writing, i.e. without any reason being required, provided that the termination has been notified to its counter party in writing, by the User at least thirty (30) days and by VIVA PAYMENTS at least two (2) months prior to the date that the termination is effected and produces its results.

    10.3 In the event of breach of these Terms or of the applicable legislation by the User or VIVA PAYMENTS, the counterparty of the party in default, as the case may be, has the right to terminate this agreement with immediate effect, i.e. without any prior notification being required. Likewise, any of the parties has the right to terminate this agreement for material reason, with an immediate effect, i.e. without any prior notification being required. Explicitly, however indicatively, as material reason justifying termination or deactivation of VIVA WALLET payment account according to Term 10.5 are agreed suspension of VIVA WALLET for more than six (6) months, bankruptcy, liquidation, entering into receivership and in general the dissolution or cease of the business of any of the parties for any reason whatsoever. In such an event:

    10.3.1. The party terminating the agreement has the right to set a remedy period at is sole discretion.

    10.3.2. The results of the termination are effected according to article 10.2 above.

    10.4       As a result of the termination:

    10.4.1      VIVA PAYMENTS suspend the provision of Services to the User and restrict access to the information included in the User’s profile solely to retrieval of the history of statements, without any right to proceed to any Transaction, with the exception of the Redemption Transaction of the Available Balance.

    10.4.2      The operation of VIVA WALLET payment account is permanently suspended with the exception of Redemption Transactions of the Available Balance, whereas, upon complete redemption thereof, it is closed permanently.

    10.4.3      The User is not entitled to use the Services. User’s access to its VIVA WALLET payment account as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.

    10.4.4      The User

    10.4.4.1      Cease the use of any material, digital or electronic, provided by means ‘loan to use’, assignment and in general without having acquired respective property of the material for the purpose of facilitating the execution of transactions, which in any event are deactivated and which should be returned to VIVA PAYMENTS.

    10.4.4.2      Should provide the minimum required access to its facilities and to cooperate with VIVA PAYMENTS in order to conclude smoothly the procedure for the termination of the cooperation.

    10.4.4.3     Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)

    10.4.4.4     Should cease the use of the trademarks and any distinctive signs of VIVA PAYMENTS and/ of its licensors to the extent that such uses had been allowed due to the kind of transactions executed.

    10.4.5. Any Repeated Credit or Debit (e.g. installments, standard orders) of VIVA WALLET and of the Payment Instruments connected thereof for which the User has given a respective order is cancelled and the User is liable to secure their prompt payment by any other means.

    10.5      The electronic money loaded to the User’s VIVA WALLET remains valid and effective indefinitely. In the event that a User has not executed a Transaction using VIVA WALLET payment account for a period over twelve (12) months, VIVA PAYMENTS reserves the right to permanently deactivate VIVA WALLET payment account and any Payment Instruments connected thereto. In such an event, and also in the event that the User, after the results of the termination have been implemented, has not managed to redeem the monetary equivalent of the Available Balance for a period of over one (1) year from termination, VIVA PAYMENTS shall reserve the right to deposit the monetary equivalent of the Available Balance to the Verified Bank Account or to the Verified Payment Card, or, in lack of them, to the Deposit and Loans Fund, burdening the User with the relevant costs, fees and taxes.

    10.6             In the event that the results of the termination are implemented, the User’s VIVA WALLET payment account remain partially until any pending Transactions are cleared and paid, including Refunds from and to the User and VIVA PAYMENTS charges. In addition, if there are pending audits, disputes or claims by VIVA PAYMENTS or third parties against the User, the User shall continue to be held liable for them even after the contract’s termination, both during the period of VIVA WALLET’s suspension as well as after permanent closure thereof.

11. AMENDMENT OF THE TERMS

11.1 VIVA PAYMENTS reserve the right to amend the Terms unilaterally, including Service Charges. Users may access the applicable Terms here. It is recommended to Users that they visit the Terms page frequently in order to be informed accordingly.

11.2 The notification of the amendment of Terms is concluded by mean of posting the amended Terms on the official website of VIVA PAYMENTS as well as through User’s  VIVA WALLET payment account (User’s Profile),  including a relevant indication stating that the Terms have been amended.

11.3 Any amendment to the Terms shall apply and is valid after the lapse of two (2) months (if User is Consumer) or immediately (if User is non- consumer) from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.

11.4 In any event and within the aforementioned deadline, either of two (2) months if User is Consumer or immediately if User is non- consumer, Users who do not accept such amendment must close their VIVA WALLET payment accounts and terminate this agreement without any costs, otherwise they are deemed to have accepted the amended Terms without reservation. In such an event, the relevant Terms regarding the results of the termination apply.

12. LIABILITY

  1. 12.1 Users are liable against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to the use of the Services or due to User’s failure to comply with the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.

    12.2 VIVA PAYMENTS is entitled, to charge Users VIVA WALLET payment account and to receive the equivalent of any amount due by the respective User in the framework of this agreement for any reason whatsoever and to deduct such amount from the Available Balance on the date that it becomes due and onwards.

     

    12.3 In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET payment account of the respective User is debited immediately with the said sum which is paid in priority to VIVA PAYMENTS against any other payment or debit order as soon as there is Available Balance amount.

    12.4  The monetary equivalent of the Available Balance, as well as any other monetary sum paid by the User to VIVA PAYMENTS for the issuance of electronic money does not constitute a deposit or repayable funds received from the public in the sense of Article 9 of Law 4261/14 unless otherwise is provided by the applicable legislation. Additionally, the issuance of electronic money per se does not constitute acceptance of deposits, monies of other repayable funds and the payment of interest or other benefits based to the term that the User possesses electronic money is not allowed.

     

    12.5 VIVA PAYMENTS bears no liability towards Users, consumers, payers, holder of Payment Instruments and/ or any third party to the extent that the successful, prompt and appropriate transfer of any data in the framework of any Transaction depends on the good and/ or uninterrupted operation of electronic communications networks and/ or facilities and/ or applications which are the property or are managed by electronic communication service providers and/ or network operators.

    12.6 In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the User’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that User should intervene to any judicial or administrative procedure in favour of VIVA SERVICES undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.

13. SUSPENSION

  1. 13.1          VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account, as well as of any other Payment Instrument connected thereto, for reasons related to the security of their use and of the Transactions executed, or in the event that non-authorized or fraudulent use is suspected or that an increased risk that a User is unable to comply with the obligations undertaken is identified or reasonably suspected and/ or for any other reason may be provided in these Terms. Risk assessment is made according at VIVA PAYMENTS judgement. Additionally, and according to risk assessment, VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account as well as of any other Payment Instrument connected thereto for reasons imposed by the provisions of the applicable laws or in compliance with the provisions of judicial or other law enforcement authorities or for reasons that are imposed by VIVA PAYMENTS in its absolute discretion such us indicatively reasons that are related to the client’s transactional profile or the latter’s non- compliance with the Identification and Verification procedures imposed by VIVA PAYMSNTS in accordance with the regulations of the supervisory authorities regarding implementation of measures of due diligence or for reasons of non- compliance with the instructions imposed by International Card Schemes. 

    13.2          VIVA PAYMENTS in such a case notifies the User through VIVA WALLET account electronic profile or by any other appropriate, at its disposal, electronic medium and if possible prior to the suspension’s application otherwise immediately after its application, unless such notification or information is conflicting to any objectively justified reasons of is forbidden according to the applicable legislation. As soon as the reasons of suspension cease to exist, suspension is lifted or otherwise the Payment Instrument is replaced by a new one.

     

    13.3      Additional suspension cases are set out in Term 10 TERM AND TERMINATION

     

    13.4      In case VIVA WALLET payment account remains suspended for a period six (6) months VIVA PAYMENTS reserves the right to terminate this agreement with immediate effect.

14. NON ACCEPTED TRANSACTIONS – NON ACCEPTED USERS

VIVA PAYMENTS reserves the right to notify from time to time transactions or activities that constitute non accepted transactions and therefore it is not possible to be concluded with the use of the Services and of the payment instruments issued by VIVA PAYMENTS and of the application and systems provided for the conclusion of the Services.

 

VIVA PAYMENTS is entitled to unjustifiably reject any application for User registration   to its  webpage and / or refuse to provide its services, according to objective criteria set by VIVA PAYMENTS upon its absolute discretion.
 
Any transactions regarding trading of financial instruments as indicatively and not exclusively Bitcoins are expressly prohibited for any User category. With regards to Professional Users (including very small enterprises) , all restrictions are listed below in the last  part of the terms provided herein. Any additional restrictions regarding unacceptable types of transactions and User categories are uploaded on VIVA PAYMENTS official website.

ΙΙ. SPECIAL TERMS

VIVA PAYMENTS provide Electronic Money Issuance and Redemption Services, as well as Payment Services using electronic money issued by VIVA PAYMENTS and/or other payment instruments issued by VIVA PAYMENTS and third-party service providers.

1. ELECTRONIC MONEY ISSUANCE AND REDEMPTION SERVICES

  1. 1.1     Issuance Services

    1.1.1       VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.

    1.1.2        Users may carry out Loading Transactions and debit their VIVA WALLET payment accounts with electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.

    1.1.3        Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:

    1.1.3.1  deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)

    1.1.3.2  charging the Verified Payment Card, following a specific process indicated systemically,

    1.1.3.3  payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).

    1.1.3.4  charging a Payment Card , and issuing of prepaid electronic code,

    1.1.4        As a result of a successful Loading Transaction, VIVA WALLET payment account of the User is credited with electronic money equal to the monetary equivalent of the amount paid to VIVA PAYMENTS for that purpose, which is issued by VIVA.

    1.2     Redemption Services

    1.2.1       Users, provided that they have been previously identified pursuant to Verification and Identification procedure, may conduct any Redemption Transactions and request and receive the monetary equivalent of part or of the total Available Balance kept with VIVA WALLET.

    1.2.2       Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:

    1.2.2.1  Transfer of the requested sum from VIVA WALLET payment account to the Bank Account notified kept in Greece.

    1.2.2.2  credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.

    1.2.3       As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET payment account is decrease at an amount equal to the monetary equivalent redeemed by means of concluding such Redemption Transaction including relevant expenses that burdens the Transaction as well as any other transactions required for its conclusion.

    1.3     Cost of Issuance and Cashing Services

    1.3.1       VIVA PAYMENTS is entitled to charge Users for Issuance Services with the fees included in the pricelist effective each time which is published here. It is recommended to Users to frequently visit this webpage.

    1.3.2       VIVA PAYMENTS reserves the right to charge Users for Redemption Services with the fees included in the aforementioned pricelist provided that Users request redemption prior to the termination of this agreement or after the lapse of least one (1) year from the termination of this agreement. In any such case, prices will be cost oriented

    1.4     VIVA PAYMENTS may cancel, amend and introduce new methods for performing Loading and Redemption Transactions, and shall notify Users of such methods through its website, their profile on VIVA WALLET payment account and/or by e-mail.

     

2.A. PAYMENT SERVICES

  1. 2.1   The Payment Services provided by VIVA PAYMENTS include payment transactions that may be Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.

    2.1.1         Collection Services constitute

    (a) the collection by the User, as payee of amounts paid by third-parties for any legal purpose, which is not carried out in the context of its professional activity, using the Payment Services of VIVA PAYMENTS and crediting the relevant User’s VIVA WALLET payment account with the equivalent of the amount paid in electronic money after having deducted any Transaction costs. The Collection Transactions which are realized in the framework of the professional activity of a Professional User are further provided below in the special terms governing such services,

    (b) transfer of electronic money from a VIVA WALLET payment account to another.

     

    2.1.2  Regarding Payment Transactions

    2.1.2.1  these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET payment account and the Payment Instruments connected thereto.

    2.1.2.2  the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET payment account and the respective decrease of the Available Balance of VIVA WALLET payment account with the equivalent of the amount corresponding to of each payment, burdened  with any potential Transaction costs.

    2.1.2.3  Their completion requires a sufficient Available Balance at the time of execution of the Transaction.

     

    2.1.3   VIVA PAYMENTS is entitled to deduct all charges related to the provision of the Services from any amount payable anytime, before such amount is credited to the beneficiary of the specific Payment.

     2.B. PAYMENT SERVICES

                   I. User, as payer is entitled to use any payment initiation services offered by payment initiation service providers to initiate payment transactions. In such case, VIVA PAYMENTS a) communicates in safety with payment initiation service providers as per the EU Regulation 2018/389 of the Committee and b) after the receipt of the payment order from the payment initiation service provider makes available to the latter any information accessible by VIVA PAYMENTS regarding payment initiation and any other information for such order execution, c) faces without discrimination any payment orders transmitted through payment initiation service providers, unless there are objective reasons for the opposite especially reasons regarding timing, prioritization or the charges, if compared with the payment orders transmitted directly by User.

    II. User is entitled to use account information services that allow access to information regarding VIVA WALLET payment account. In such case VIVA PAYMENTS a) communicates in safety with account information service providers as per the EU Regulation 2018/389 of the Committee and b) faces without discrimination any payment orders transmitted through account information service providers, unless there are objective reasons for the opposite.

     

3. TRANSACTION LIMITS

  1. 3.1 VIVA PAYMENTS reserves the right to impose monetary limits to any type of Transactions, as well as to unilaterally modify such limits, mainly aiming at the security of Transactions and at preventing and combating money laundering and terrorist financing activities. Furthermore, for the same reasons as well as to secure its business activities, it may establish and impose monetary or other limits to Users, as the case may be. The applicable limits per type of Transaction or type of User shall be posted at the User’s profile.

    3.2 Any Transaction request by the User which could result in exceeding any limit applicable is rejected.

4. DISPUTE

  1. 4.1 All Users must use VIVA WALLET payment accounts and VIVA Payment Instruments in accordance with the terms governing their issuance and use thereof and must notify VIVA PAYMENTS in writing at support@vivapayments.com immediately as soon as they note any unauthorized access to and/or use of VIVA WALLET payment account, as well as any loss, theft or embezzlement of any VIVA Payment Instruments, which may be connected therewith, or of the identification details for access to and use thereof.

    4.2 In order to provide any remedy to the User, under User’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction, including any cases where payment initiation providers are also involved in the execution of the payment transactions –the respective User must have informed VIVA PAYMENTS without delay attributed to his fault or negligence, as soon as User becomes aware of such Transaction raising refund claim within thirteen (13) months from its charge at the latest. In the event that a User under the latter’s capacity as a payer denies that he or she has approved an executed Payment Transaction or argues it has not been executed correctly, he/she shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.

    4.3. VIVA PAYMENTS is obliged to justify that the disputed Transaction has been authenticated, that it has been recorded in detail and registered and that it has not been affected by technical error or malfunction.

    4.4. At any stage of the execution of a Transaction, VIVA PAYMENTS reserves the right to request from Users evidence and information which, at its discretion, are necessary in order to authenticate the Transaction.

    4.5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, upon such notification or the acknowledgement of the non- approved transaction VIVA PAYMENTS must return to the User immediately and in any case until the end of the next business day at the latest, the amount of the unauthorized transaction, unless VIVA PAYMENTS has grounds to suspect that a fraud has taken place, where in such case, notifies the reasons to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

    4.6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions

    (a) up to a maximum amount of fifty (50) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments, unless the loss, theft or embezzlement of VIVA payment Instrument has not been feasible to be monitored by User before the execution of the transaction unless User has acted fraudulently or if the damage has been provoked by acts or omissions of VIVA PAYMENTS’ employee, representative or branch or any other entity to which VIVA PAYMENTS has assigned relevant activities.

    (b) for total damage related to the non-authorized payment act, in so far as such damaged are due the fact that the User has acted fraudulently or in breach of term 4.1, intentionally or due to gross negligence.

    4.7 The User under the capacity of the payer bears no financial consequences deriving from the use of a stolen or embezzled VIVA Payment Instrument or from the non-authorized use of VIVA WALLET payment account, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.

    4.8 Any Refund to User is executed, provided that it is justified according to the Terms and the applicable legislation exclusively by crediting VIVA WALLET with the monetary equivalent in electronic money.

     

5. REFUNDS

  1. 5.1 In the event that VIVA PAYMENTS becomes aware of any dispute of a Collection Transaction by any payer of payment services provider or a any carrier, organization or institution cooperating with them for the purpose of executing this transaction and for any reason whatsoever (e.g. as non approved, revoked, erroneous), in execution of which the User’s VIVA WALLET payment account has been credited, the User must pay to VIVA PAYMENTS an amount equal to the disputed Transaction within the next business day from the notification of the dispute or any other deadline that VIVA PAYMENTS will set at its discretion and to provide VIVA PAYMENTS immediately and within the deadlines notified by the latter at its discretion all the information and data required for the justification of the authenticity, validity and accuracy of the Transaction. For the payment of the refunded amount the User hereby, explicitly and unconditionally authorizes VIVA PAYMENTS to proceed to the collection of the amount of disputed transaction, by charging the Available Balance of the User, withdrawal for the purpose of payment as the requested refund. 

    5.2 The amount that equals to the disputed Transaction may instead of being immediately collected,  become upon discretion of VIVA PAYMENTS  a Blocked Amount during the time period starting from the notification made to the User of the request to dispute the Collection Transaction and until conclusion of the justification procedure and the User’s Available Balance is decreased accordingly.

    5.3 After the conclusion of the justification procedure and provided that the amount has not been paid by the User or collected by VIVA PAYMENTS:

    5.3.1 In the event that VIVA PAYMENTS considers that the Transaction was adequately justified the Blocked Amount is being unblocked,, credited and increases the Available Damage at that moment. 5.3.2 In the event that VIVA PAYMENTS considers that the User has not fulfilled the aforementioned obligations adequately and that the Transaction is not adequately justified based on the data and information submitted the Amount Blocked is debited at VIVA WALLET in order to be refunded to the payer who disputed the Transaction and therefore is entitled to it and the Balance of VIVA WALLET payment account is decreased respectively.

     

    5.4.  In the event that the User has not paid the equivalent of the disputed transaction and the Available Balance does not suffice in order to cover the Blocked Amount for that purpose or for any other purpose whatsoever, any future credit of VIVA WALLET payment account is used to cover the Blocked Amount by increasing the Balance instead of the Available Balance, until full coverage thereof. This shall not preclude VIVA PAYMENTS from claiming payment by other means judicial or extra-judicial.

    5.5. In the event of a request to refund any transaction amount paid by the User due to cancelation or withdrawal from a Transaction the aforementioned procedure applies respectively. In the aforementioned framework VIVA PAYMENTS may request from the payer or/ and from the beneficiary any and all information and date justifying cancelation or withdrawal from the Transaction according to the applicable provisions, legislative or contractual.

    5.6. The parties agree that a notification for refund per se addressed by VIVA PAYMENTS to the User regarding refund amounts paid for the reasons provided in the Terms constitutes a full and adequate justification of the User’s debt to VIVA PAYMENTS and its obligation to refund and repay such amount.  Furthermore, it is agreed that the abstract of the commercial and/ or accounting books kept by VIVA PAYMENTS, which may also be kept electronically, including the records relevant to the Transactions and the User’s debt constitute the complete justification and proof of the User’s debt towards VIVA PAYMENTS as well as adequate justification for the fulfillment of the prerequisites for the issuance of a payment order by the court.

    5.7.  The User as payer is entitled to be refunded the amount equivalent to the approved payment which was made by or through the beneficiary of the payment and which although it has been already executed, provided that the following conditions cumulatively apply (a) upon approval the exact amount of the payment act was not specified and (b) the amount of the payment act exceeds the amount reasonably expected by the payment, taking into account the form, the previous expenses habits, the Terms and relevant circumstances, which may not refer to foreign exchange conversion, provided that potentially agreed parity was implemented. In such case, User shall prove that the above terms apply. VIVA PAYMENTS is obliged to return the whole amount of the executed payment transaction, and the value date for VIVA WALLET payment account credit shall not be later that the date that the account has been charged for the transaction execution. The User, as payer shall submit the refund request as per this term, within eight (8) weeks from the date of VIVA WALLET payment account’s charge with the amount of the transaction. Within ten(10) business days from the receipt of the refund request, VIVA PAYMENTS shall either return the amount of the payment transaction or to justify any rejection of such request, while indicating the entities that the User may address to if User does not accept VIVA PAYMENTS’ rejection reasons.

    5.8.  In the event that the User under the capacity of the payer has transferred its consent for the execution of the payment order directly to VIVA PAYMENTS and the information for future payment is notified and is available through its electronic profile or by any other means, at least four (4) weeks before the date provided, such User is not entitled to refund.

    5.9.  In the event that the payment order is initiated by the User under its capacity as a payer, VIVA PAYMENTS is liable against the latter for the proper execution of the payment act, unless it can be can proved that the payment service provider of the beneficiary of the payment has received the respective amount. In case of VIVA PAYMENTS liability as per this term, VIVA PAYMENTS shall return to the User with undue delay the amount of the faulty executed or unexecuted transaction, by rendering the VIVA WALLET payment account of the User to the prior situation. The value date for VIVA WALLET payment account debit shall not be later than the date when the account has been charged for such transaction. If the User provides faulty unique identifier defining the payee, VIVA PAYMENTS shall not be held liable for the non-execution or the faulty execution of the payment transaction. However, VIVA PAYMENTS shall endeavor for the collection of the mounts of such transaction and in case such collection is not possible, gives to the User, upon User’s request in writing, any information, important for the User that VIVA PAYMENTS possesses, so that the User raises any lawful claim for the collection of such amounts.   

    5.10. The amount of a non-executed or erroneously executed payment is refunded to the User by the person liable as the case may be, by crediting VIVA WALLET payment account with the equivalent of the amount due in electronic money.

    5.11. In the event of a non-executed or erroneously executed payment, when the payment order is made by the User under the capacity as a payer, VIVA PAYMENTS, regardless of its liability in the context of this paragraph herein, immediately tries, if requested, to detect the payment act and notifies the User for the result.

    5.12. In the event that the payment order is initiated by User as payee or through the payee, the VIVA PAYMENTS is liable for the proper transfer and completion of the payment order to the payment services provider and within the deadlines provided by law and takes care in order for the amount of the payment act to be available for the beneficiary immediately after the amount is credited to the account of the beneficiary’s payment services provider.

    5.13. Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.  

    5.14. When a payment order is initiated by the User through payment initiation service provider, VIVA PAYMENTS, without prejudice of the terms 4.2. and 5.9 above, returns to the User any amounts of the non- executed or false payment transaction and if this is the case, renders VIVA WALLET payment account that has been charges to the situation as it was before the charge.

     

6. SPECIAL TERMS FOR THE PROVISION OF SERVICES TO PROFESSIONAL USERS

  1. 6.1. With respect to Professional Users (including very small enterprises) VIVA PAYMENTS provides, further to the aforementioned Issuing, Loading, Collection and Payment Services provides also the following payment services for the conclusion of Collection Services under the following special Terms. All these services are provided by means of VIVA WALLET payment account of the Professional User the opening of which is made in accordance to the aforementioned general terms. Special procedures for the operation of VIVA WALLET which refer to Professional Users are notified each time to the Users via VIVA PAYMENTS’ internet site.

    6.2 The Payment Services provided by VIVA PAYMENTS consist to the execution of Collection Transactions, i.e. to the collection by the User of monetary amounts paid by any third parties for any legitimate purpose made within the framework of their professional activity by means of using the VIVA PAYMENTS payment services and crediting of the respective User’s VIVA WALLET payment account with the equivalent in electronic money of the monetary value of the payment made each time cleared as per the potential Transaction costs applied.

    6.3  The Payment Services provided by VIVA PAYMENTS refers to the acceptance and clearance of the payment made by the payer each time to the Professional User as the price for the provision of a product which is provided by the Professional User in the framework of its professional activity. This payment may be executed by the payer with the following ways and means:

    6.3.1 By Using any  VIVA Payment Instruments, such as electronic money, Payment Card issued by VIVA PAYMENTS, and in general by means of using payer’s VIVA WALLET payment account,

    6.3.2 Using third party Payment Instruments which are accepted by VIVA PAYMENTS, such as Payment Cards issued by third parties (e.g. VISA, MASTERCARD)

    6.3.3 Using cash in any of the VIVA SPOTS (‘Pay@VivaSpot or VIVA PAYMENTS representative (‘Pay@Home’)  

    6.3.4Via Bank institutions participating in DIAS DEBIT service supporting payments at the desk, Internet Banking, Phone Banking. 

    6.4   The Payment Instruments which are accepted by VIVA PAYMENTS are notified each time via the web page of VIVA PAYMENTS which the User must consult frequently in order to be informed regarding any updates. In any case it shall be noted that special payment card types exclusively accepted by specific categories of Professional Users shall not become accepted by VIVA PAYMENTS.

    6.5   The conclusion of the aforementioned payment actions towards the Professional Users is made both in electronic and physical environments, according to the type of the Payment Instrument used, in cooperation with the VIVA Representatives.

    6.6   For the payments made by means of DIAS DEBIT channels as well as VIVA SPOTS or VIVA PAYMENTS representatives, these providers may charge Payer with further transaction expenses, according to the commercial policy they apply each time.

    6.7   With respect to acceptance of Payment Cards:

     

    6.7.1 The acceptance of Payment Cards debiting as a means of payment by the Professional User can be executed by means of remote transactions mechanisms or physical POS provided according to the procedures set by VIVA PAYMENTS each time. The terms for aquiring and use of the physical POS are published here. The operation and management of the use of the electronic POS is made systemically via the online environment of VIVA WALLET payment account.

    6.7.2 In order to conclude acceptance of Payment Cards issued in a Country different to the country where the Professional User is seated, the special approval of VIVA PAYMENTS is required which is provided at its disposal and further to the submission of the data requested by VIVA PAYMENTS.

    6.7.3  In any event, for the purpose of activating the option of accepting Cards by the Professional User the prior special approval of the International Issuing Organization that issued the specific type of Card, may be required.

    6.7.4 The Professional User may accept the payment of the price of a Transaction by means of Card either one off or in execution of a Recurring Transaction Order (e.g. in installments or standard orders) according to the order of the payer. In case of direct debits, unless payer’s consent has been granted to VIVA PAYMENTS, under its capacity either as payer’s payment service provider or as Business User’s payment service provider, Business User shall reassure payer’s prior consent, being himself held liable towards payer, VIVA PAYMENTS or any third party for any transaction dispute (as unauthorized under term 4 above). Any breach of such obligation by Business user, shall be considered as material reason for termination hereof with immediate effect by VIVA PAYMENTS as per term 10.4 above.

    6.8 Professional User is hereby notified and accepts that for the purpose of securing credit, consolidate transactions and limit fraud related to payment instruments, the company under the name BANKING INFORMATION SYSTEMS S.A. and the distinctive title TEIRESIA S.A. (data controller), 2nd Alamanas str, 151 25 ATHENS, keeps a record where the businesses, whose contracts for the acceptance of Cards have been terminated due to breach of their obligations provided under Term 7.3  or due to bankruptcy, liquidation, compulsory administration or due to non-operation for any reason or have been dissolved, are recorded. The Professional User acknowledge and agrees that the termination of the present by VIVA PAYMENTS due to any of the aforementioned reasons entitles VIVA PAYMΕNTS  to initiate procedure for the notification of the reasons of termination of this agreement to TEIRESIAS S.A. to the interbank data record of financial/ transactional behavior which is kept by the TEIRESIAS S.A. as the data controller, which may be accessed both Card issuers and acquirers, explicitly authorized by the Professional User to for that purpose by virtue of this Agreement.

     

    6.9 Professional User by virtue of this agreement provides VIVA PAYMENTS its consent in order for VIVA PAYMENTS to retrieve information and data from the records databases legally kept in relation to the credibility and solvency of the Professional Users and/ or of the persons participating in their business, its managers and administrators and the beneficial owners thereof.

     

    6.10 Special terms as published from time to time here may apply per category of business activity (of Professional User).

     

     

7. Obligations of the Professional User

  1. 7.1   Professional Users, apart from the general obligations undertaken pursuant to the Terms, undertake also the following:

    7.1.1 To comply with all the instructions notified by VIVA PAYMENTS from time to time both in general and also in the context of each available Service as such instructions are from time to time published here or notified to the professional User through his/her VIVA WALLET payment account or by any other electronic means

    7.1.2  To proceed to all actions necessary for the identification and verification of the identity of its customers i.e. of the payers who use Payment Instruments requiring identification, such as Payment Cards. It is noted that Professional Users are exclusively liable for the accurate and adequate conclusion of the identification and verification procedure for its customer/ payer who uses such Payment Instruments as the legitimate and authorized holder of these means in compliance to the instructions of the issuer of the specific Payment Instruments with whom the Professional User has contracted in order to be able to accept it. For the avoidance of any misinterpretation Professional User is exclusively responsible for the correct implementation and compliance of its business and its agents with the identification and verification procedure as well as for the application of any necessary means in order for the Transactions to be executed by the legitimate holder of the Payment Instruments.

    7.1.3         To be highly diligent with respect to the correct information of the Holder as per the Payment Card’s or any other Payment Instrument’s charging with respect to the value of the purchased products including any potential dispatch expenses.

    7.1.4         Not to accept Payment Cards as a means for cash withdrawal.

    7.1.5         To allow the use of the Payment Card in its transactions and refrain from setting any commercial limitations or prerequisites for the acceptance of the Card such as e.g. purchase of minimum quantities or payment of part of the price in cash.

    7.1.6         To refrain from collecting, keep and/ or process and from disclosing to third party in any way whatsoever any authentication information and any other data related to the Payment Card and/ or to any other Payment Instrument and to the Transactions, either incorporated into documents or kept in electronic form and to refrain also from using such data for any reason or purpose other than the conclusion of the specific Transaction each time and the operation of this agreement.

    7.1.7         To keep for any Transaction all related vouchers, as well as the identification documents of each payer, as a holder of a Payment Instrument used for the Transaction, for at least thirteen (13) months from the date the Transaction took place, in order to be able to submit them to VIVA PAYMENTS whenever this is required so for the purposes provided herein. In the vouchers of the transactions that the Professional User is required to hold, the transcript issued by POS terminals (as opposed to virtual POS) is explicitly included, provided that the Transaction was executed in such a way, as it is considered as the sole powerful evidence certifying the proper execution of the relevant transaction.

    7.1.8. Exceptionally, in the event that the POS terminal does not issue a document – proof of the transaction, the proper execution of the transaction shall be established by the respective instructions and updates listed in the POS terminal, including simple message indicating the POS terminal display.

    7.1.9. In case of electronic transactions through internet, Professional User shall keep his/ her e-shop in such way so that the payment procedure shall be clearly separated by the e-shop environment and be clear to the clients that the completion of each transaction by executing the relevant payment is conducted by VIVA PAYMENTS (for instance through client’s redirection from the e-shop’s webpage to a separate one for the payment).

    7.2   In any event, if the Professional User proceeds to the recording and keeping of the data related to customers, Transactions, Holders and Payment Cards in electronic form, such recording and keeping must comply with the security standards PCI, DSS, AIS prescribed by the International Payment Systems.

    7.3   In case of major payment security incidents, including data breaches, the Professional User shall at any time cooperate with VIVA PAYMENTS as well as any relevant law enforcement Agencies.

    7.4   Professional User must refrain from the following actions in the framework of its cooperation with VIVA PAYMENTS:

    7.4.1         Acceptance of Payment Cards which have already been declared as lost or stolen.

    7.4.2         Execution any transaction (e.g. of actual or fraudulent) without the authorization of the Holder.

    7.4.3         Breach of the terms any cooperation agreement between the Professional User and VIVA PAYMENTS that are not included herein,

    7.4.4         Facilitation or cause the interception and/ or leakage of date related to Cards or Transactions.

    7.4.5         Actions that may constitute Money Laundering according to the applicable legislation.

    7.4.6         Modification of any amounts related to the Transactions at the debit slips issued during the transactions.

    7.4.7         Self financing by means of creating fraudulent transactions.

    7.4.8         “Splitting” of any transaction to several transactions.

    7.4.9         Provision of inaccurate data and information to VIVA PAYMENTS and or its agents

    7.4.10      Execution of transactions justified by means of a fraudulent approval.

    7.4.11      Excessive number of chargebacks/ disputed Transactions

    7.5   In the event of termination of the parties cooperation any terms related to ‘Refunds; survives termination and remain effective.

8. Maximum Transactions Limit

  1. In addition to the general terms related to ‘Transaction Limits’, the following also applies to the Professional Users:

    8.1   Η VIVA PAYMENTS may set and notify to the Professional User a Maximum Transaction Limit. The conclusion of Transactions the value of which exceeds such limit require the prior approval by VIVA PAYMENTS. The Maximum Transaction Limit may be set per service provided and/ or by Payment Instrument and is notified to the Professional User each time by VIVA PAYMENTS. VIVA PAYMENTS reserves the right to request the Professional User at its discretion further information, in order to proceed to the readjustment of the maximum limited applicable to that Professional User.

    8.2   Any Transaction using the same Payment Card or other Payment Instrument, within the same day, of a cumulative value that exceeds the Maximum Transaction Limit applicable each time are not acknowledged as valid unless the respective approval has been provided.

    8.3   It is explicitly forbidden to split the value of a Transaction to several parts the sum of which exceeds the Maximum Transaction Limit applicable each time. Breach of this obligation results to the non-acknowledgement of such transactions as valid and the application of the aforementioned provisions under 8.2

    8.4   In the event of concluding a Transaction in excess of the Maximum Transaction Limit, VIVA PAYMENTS is not obliged to pay the relevant amount to the Professional User and may proceed to the Blocking Amount. Any such amount paid to the Professional User is subject to a refund from the User in accordance to a respective application of the obligations and the procedure provided above under the provisions regarding Refunds.

9. Payment of the Professional User

  1. a. VIVA PAYMENTS at the closing of each business day proceeds to ta

    9.1   During each business day, VIVA PAYMENTS settles any payment transactions of User as payee that took place through VIVA PAYMENTS’ acquiring services the day before, and debits the respective amounts to User’s VIVA WALLET account. Exceptionally, VIVA PAYMENTS may diverge from this credit deadline for reasons attributed to systems or procedures applied by Card Schemes and for reasons provided in the term below.

    9.2   The time provided in the previous paragraph may be extended any time by means of a written notification addressed to the Professional User in any of the following events:

    (a) In the event of breach of the terms by the Professional User and as long as such breach is investigated by VIVA PAYMENTS in accordance with the applicable legislation.

    (b) In the event that the price of Transaction is under the status of Blocked Amount.

    (c) In the event of conducting Transactions \which entail a high risk for VIVA PAYMENTS and/or the financial system in general, such as, indicatively and not exclusively, Collection Payments where payment is made by means of Payment Card and refers to the provision of postdated services (i.e. services the provision of which is not concluded upon payment of the respective fee, but either are perpetual or are provided at a posterior date)

     In such cases, as referred under (a), (b) and (c) above VIVA PAYMENTS reserves its right to take adequate and sufficient measures, according to its assessment and judgement, aiming at safeguarding Transactions, its business, as well as the business of cooperating entities of the financial system, such as to indicatively to block the amount which was credited the Balance of VIVA WALLET of the Professional User  and make it available by unblocking it proportionally and following the provision of the service to which the amount refers to and until its completion or/and require the Professional User to provide other kind of adequate and sufficient warrantees in order to safeguard the payment of amounts equivalent to any request for refund to the payers/ end users etc.

    9.3   Credit of the Available Balance of VIVA WALLET payment account with the equivalent of the Collection Transactions concluded and cleared by means of using the Payment Services of VIVA PAYMENTS and provision of the ability to use or redeem is subject to the Professional User’s compliance with the Terms and the instructions notified by VIVA PAYMENTS and subject to unblocking any Blocked Amounts according the procedures applicable by VIVA PAYMENTS and the present Terms. VIVA reserves the right to refuse recognition of any Transactions made in breach of the Terms  hereof or that entail high risk for VIVA PAYMENTS or/ and the financial system in general, according to VIVA PAYMENTS’s checks for transactions security, and to proceed to the procedure regarding Refund provide in the present term.

    9.4     The Professional User must keep record including copies of the Transaction data in order for the verification of VIVA WALLET debits and credits to be possible as well as their reconciliation with the Transactions concluded and their justification in case of a request for Refund, providing relevant copies to VIVA PAYMENTS if and when requested.

    9.5    If the  Professional User  acts as a VIVA Representative also, then herein he provides the explicit and unreserved authorization to VIVA PAYMENTS  to set off  any amounts  due to the Professional User under this contract with any amounts  related to his debt to VIVA PAYMENTS under Viva Representative’s  contract concluded between the parties, by debiting  the Professional User’s VIVA WALLET payment account with the relevant amounts.  

    he credit of the Balance of the Professional User’s VIVA WALLET with an amount equal to the Collection Transactions concluded and cleared by means of using VIVA PAYMENTS Services within the previous day. As an exception VIVA PAYMENTS may diverge from this credit deadline for reasons attributed to systems or procedures applied by the carriers of the Financial System cooperating with VIVA PAYMENTS.
    b. VIVA PAYMENTS offers the facility to the Professional User to choose per each Collection Transaction that is concluded and cleared by means of using VIVA PAYMENTS Services and which has not already been cleared pursuant to the above term 9.1.a, its immediate clearance with crediting of the Balance of VIVA WALLET with an amount equal to such Transaction, immediately after the submission of a relevant application by the Professional User, for a fee which may be found here, without prejudice to the below provisions.
  2. The time provided in the previous paragraph may be extended any time by means of a written notification addressed to the Professional User in any of the following events:
    1. In the event of breach of the terms by the Professional User and as long as such breach is investigated by VIVA PAYMENTS in accordance with the applicable legislation.
    2. In the event that the price of Transaction is under the status of Blocked Amount.
    3. In the event of conducting Transactions \which entail a high risk for VIVA PAYMENTS and/or the financial system in general, such as, indicatively and not exclusively, Collection Payments where payment is made by means of Payment Card and refers to the provision of postdated services (i.e. services the provision of which is not concluded upon payment of the respective fee, but either are perpetual or are provided at a posterior date)

    In such cases, as referred under (a), (b) and (c) above VIVA PAYMENTS reserves its right to take adequate and sufficient measures, according to its assessment and judgement, aiming at safeguarding Transactions, its business, as well as the business of cooperating entities of the financial system, such as to indicatively to block the amount which was credited the Balance of VIVA WALLET of the Professional User and make it available by unblocking it proportionally and following the provision of the service to which the amount refers to and until its completion or/and require the Professional User to provide other kind of adequate and sufficient warrantees in order to safeguard the payment of amounts equivalent to any request for refund to the payers/ end users etc.

  3. Credit of the Available Balance of VIVA WALLET with the equivalent of the Collection Transactions concluded and cleared by means of using the Payment Services of VIVA PAYMENTS and provision of the ability to use or redeem is subject to the Professional User’s compliance with the Terms and the instructions notified by VIVA PAYMENTS and subject to unblocking any Blocked Amounts according the procedures applicable by VIVA PAYMENTS and the present Terms. VIVA reserves the right to refuse recognition of any Transactions made in breach of the Terms hereof or that entail high risk for VIVA PAYMENTS or/ and the financial system in general, according to VIVA PAYMENTS’s checks for transactions security, and to proceed to the procedure regarding Refund provide in the present term.
  4. The Professional User must keep record including copies of the Transaction data in order for the verification of VIVA WALLET debits and credits to be possible as well as their reconciliation with the Transactions concluded and their justification in case of a request for Refund, providing relevant copies to VIVA PAYMENTS if and when requested.
  5. If the Professional User acts as a VIVA Representative also, then herein he provides the explicit and unreserved authorization to VIVA PAYMENTS to set off any amounts due to the Professional User under this contract with any amounts related to his debt to VIVA PAYMENTS under Viva Representative’s contract concluded between the parties, by debiting the Professional User’s VIVA WALLET with the relevant amounts.
  6. In case that VIVA PAYMENTS has a claim against the Professional User who acts as a Private User as well, the Professional User herein provides the explicit and unreserved authorization to VIVA PAYMENTS to debit the Private User’s VIVA WALLET with the amount of its claim and visa-versa. In case such amounts are not adequate, VIVA PAYMENTS is entitled to debit the Private User’s or Professional User’s VIVA WALLET accordingly, with the relevant amounts of its claim, until the full payment of its claim. The present authorization is irrevocable.

10. VIVA FEES

  1. 10.1  The transaction costs due to VIVA PAYMENTS including applicable taxes is deducted automatically from the amounts of the Collection Transactions the price of which was charged by means of using any VIVA PAYMENTS’ Services according to these terms, prior to their payment and credit of VIVA WALLET respectively. These fees are published here.

    10.2 The Professional User is informed in relation to the concluded Transactions and the respective debits and credits of the Balance and the Available Balance electronically via VIVA WALLET payment account management tool.

    10.3 VIVA PAYMENTS is not responsible to pay the Professional User and the latter must refund to VIVA PAYMENTS immediately and in compliance with the Refund procedure which applies accordingly any amount which corresponds to Transaction that:

    10.3.1      The respective products were not delivered or not received incompliance to applicable legislation or were non delivered in due time or as agreed or the services purchased were not rendered totally or partially or where not appropriately provided.

    10.3.2      The products were returned due to withdrawal.

    10.3.3      Before the receipt of the products the consumer states that wishes the total or partial cancelation of the order or the Payment Instrument used for the conclusion of the Transaction was canceled for any reason, the relevant order is canceled of the future.

    10.3.4      Was made in breach of the obligations undertaken with the present terms as well as the instructions with which the Professional User must comply with.

    10.3.5      Was not realized by the legitimate holder to the Payment Instrument used or by the latter’s legitimate representative, the respective burden of proof is born by the Professional User.

    10.4       For that purpose the Professional User provides the explicit and unreserved authorization to VIVA PAYMENTS to debit the Balance and receive from the Available Balance of VIVA WALLET payment account the relevant amounts upon emergence of the aforementioned reasons also by means of setting off such amount with any potential amounts due to the Professional User.

    10.5       The parties acknowledge and agree that the official accounting records and any recording made in VIVA WALLET payment account concluded by VIVA PAYMENTS in compliance with these Terms and the instructions notified from time to time constitute complete and adequate prof of any amounts due from the Professional User to VIVA PAYEMENS, which cannot be disputed by the Professional User, with the exception of dispute for obvious mistakes.

    10.6       If the Professional User accepts also other payment instruments similar to those provided by VIVA PAYMENTS, in cooperation with other payment service providers who impose costs for their services either to the Private User/Consumer or to the Professional User or to both, VIVA PAYMENTS may follow similar pricing policy, transferring unilaterally, and according to each specific case, the imposed costs to the respective party (see here). The decision of modifying the cost of services is based on criteria defined by VIVA PAYMENTS in its sole discretion such us indicatively, avoidance of confusion of the Private User/Consumer and provision of an objective assessment of the imposed costs on payment instruments offered to the market and the need of compliance with the relevant legislative amendments. Any such modification imposed by VIVA PAYMENTS has immediate effect and is notified to the respective user, Private User/Consumer or/ and Professional User. The Professional User declares that he acknowledges and accepts unreservedly the possibility of VIVA PAYMENTS to amend the imposed costs and that he accepts the current price list in relation to the services provided as mentioned hereinabove, and in case that the relevant cost is transferred to him, he provides to VIVA PAYMENTS the unreserved authorization to charge the Professional User with the amounts mentioned in accordance with these terms and conditions

     

11. Liability of the Professional User against consumers

    1. 11.1  .1 The Professional User has the exclusive diligence and is exclusively liable regarding the adequacy, the truth and accuracy of the information provided to the consumer in relation to the products, its business and activity in any way such information are provided or published.

      11.1.2. Professional Users conducting e-commerce shall support solutions allowing customers’ strong authentication for their transactions through internet by using their cards. The combinational insertion of (at least two) elements of exclusive knowledge, ownership or their inner characteristics, as provided under Bank of Greece’s Executory Committee’s Act 59/18.01.2016 shall be considered as strong authentication of customers.

      11.2  VIVA PAYMENTS has no liability with respect to the compliance of the Professional User with any of its obligations towards the consumers which derives from the applicable legislation e.g. from the provisions regarding consumer protection, distance selling agreements, data protection.

      11.3  Professional User acknowledge and accept that according to ar. 4 and 4a of L. 2251/1994 the consumer is entitled to withdraw with no reason from any transaction made in conclusion of distance selling agreement within fourteen (14) days from the date of receipt of the product ordered, unless a longer deadline was agreed, by returning the product at its initial condition and to the extent possible with respect to the type of the product and according to the applicable legislation, without the consumer being burdened with any cost except the cost for returning the product. In such a case the Professional User must return the respective amount corresponding to the price of the Transaction within thirty (30) days.

      11.4  The Professional User must provide the products without defects in due time, diligently and by taking all measures for the protection of the consumers and their declared intention.

      11.5  VIVA PAYMENTS is liable in any way whatsoever with respect to the non-fulfilment of any order made by any consumer/ customer of the Professional User, non-delivery or non-provision or not appropriate and in due time delivery or provision of the products, or for any faults or lack of agreed features of the products ordered. Any respective dispute between the Professional User and the interested client/ consumer in this respect will be settled between them.

      11.6  Transactions which has as a subject products which falls into the categories include in the list of “Non Accepted Clients” as provided below is forbidden to be concluded by means of VIVA PAYMENTS. In the event that the Professional User proceed to a Transaction in breach of this prohibition the provisions regarding ‘Refund’ apply respectively and VIVA PAYMENTS may proceed to the interruption of the provision of services to the Professional User without any further notice being required.

       

12. Trademarks and distinctive Marks

  1. 12.1 VIVA PAYMENTS and its licensors are the sole proprietor and beneficiary of the trademarks and distinctive marks in general, either registered or not, used by VIVA PAYMENTS for the distinction of the same and its services.

    12.2 VIVA PAYMENTS may grant Professional Users a specific license to use the aforementioned trademarks and distinctive marks in general, for the purpose of communicating to the consumers its cooperation with VIVA PAYMENTS, the options such cooperation offers them and promoting the use of these options in the framework of the transactions they perform.

    12.3 Further to the aforementioned special license that VIVA PAYMENTS may grant to the Professional User, the latter, throughout the term of cooperation with VIVA PAYMENTS, must post the trademarks and distinctive marks licensed for that purpose at a visible place of its Website and/or at the Physical point of sale, and shall mention in all promotional activities the option to acquire and pay for purchased products by using the options offered by VIVA PAYMENT Services, unless otherwise agreed between the parties. In any event, the aforementioned actions of the Professional User should be performed under the guidance of VIVA PAYMENTS.

    12.4 It is explicitly agreed that the Professional User only acquires the right to use the trademarks and distinctive parks of VIVA PAYMENTS pursuant to the special license to be provided for their use in this framework and for the operation of the cooperation between the parties and for as long such cooperation is effective

    12.5 It is explicitly stated that any Cards’ trademarks are the exclusive property of the international Card organizations (Mastercard International or Visa International or Diners International or American Express etc.) and their licensors. Therefore, the Professional User does not acquire any right upon such trademarks and distinctive marks, except from any right to use such marks which may have granted by the proprietor or the beneficiary for the purpose of serving the cooperation with VIVA PAYMENTS and/ or the Bank Institutions and Organisations issuing Cards.

13. NON ACCEPTED CLIENTS

According to the “ACCEPTED CLIENTS POLICY” VIVA PAYMENTS  does not provide Payment Services to the following categories of Businesses of products or services. Any person who requests the provision of Services by VIVA PAYMENTS solemnly declares that it does not fall into any of the following categories.

1.      Casinos and betting companies operating without license or supervision, including online betting companies.

2.      Virtual Banks and Financial Services providers not legally licensed

3.      Natural Persons or legal entities who provides pawn broker servicesThe above categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.The above categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.

 

Weapons

Firearms, ammunition, as well as other items including but not limited to firearms, disguised, detectable or Switchblade knives, martial arts weapons, silencers, ammunition, weapons and tear gas.

Pyrotechnic devices and hazardous materials

Fireworks and related products. Toxic, flammable and radioactive materials and substances, gunpowder and explosives

Pornographic material and services

• Pornography and Escort or Dating services.

• Pornographic material involving minors, or any content that may be construed as pedophilia

Drugs and parapharmaceutical compounds

Controlled substances, drugs, illegal drugs and drug paraphernalia, including psychoactive and plant-based drugs, such as salvia and magic mushrooms, as well as any materials for promoting their use. Legal substances, such as plants or herbs, which if ingested, inhaled, extracted or otherwise used give a compound producing the same effects as of an illegal drug

Gaming / gambling

Lotteries, sports betting non legitimately licensed, participations-register in direct game connection, as well as any other related content.

E-money Products and services

E-money Cards as well as any other related products & services.

Financial Services  and payments instruments

e.g  indicatively  but not limited to  Crowdfunding services, trading  of Bitcoins etc.

Precious materials

Massive sale of rare or precious metals or stones

Prescription drugs and medical devices

Medicines or other products requiring prescription by an authorized physician or veterinarian. Medical devices requiring special license for their distribution. Drugs tested as aids.

Miraculous treatments

Unfounded treatments or other items as easy solutions for health

Mass marketing tools

E-mail lists, software or other products permitting unsolicited e-mail messages (spam)

Animals & Plant Seeds

Animal parts, blood or fluids and toxic weeds. Any seeds of plants or other organisms are prohibited (including derivatives endangered or protected by law)

Copyright and software

Copies of books, music, films and any other non-licensed material, including copies Unauthorized copies of software, videogames and more.

Counterfeit goods or imitations

Copies or imitations of a designer or of other goods and items. Uncertified celebrity autographs. Fake copies, coins, stamps, tickets and more.

Devices or techniques for circumvention of the technical protection measures

Mod chips or other devices for circumvention of the technical protection measures for digital devices, as well as for the unlocking of iPhones

Financial or other products, services, securities and mortgage-backed securities

Investments, refinancing or transfer of non-collectible debt, stock market disbursements, payment orders, traveler’s checks, stocks, bonds or other related financial products, securities, shares of collective investment associations, credit services, services regulated or prohibited according to the applicable laws

Government IDs, documents or uniforms

Government IDs, passports, diplomas, titles of nobility, as well as uniforms

Hacking and Cracking materials

Manuals, guides, information or equipment violating the laws impairing or permitting unauthorized access to software, servers, web pages or other protected items.

Human Parts

Organs or other parts of the human body, body fluids, stem cells, embryos

Stolen goods

Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods that they do not own or for which they have no power of sale, as well as products produced in violation of any rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions, goods listed in public registers (such as real property), the transfer of which requires formalities that may not be completed, from a legal aspect, online.

Illegal telecommunications equipment

The aids intended for the acquisition of cable and satellite signals for free. The cable descramblers and black boxes, access cards, smart access cards and unloopers, illegal tools or products for modification of mobile phones and other devices, deemed illegal by the competent regulatory authorities of the country where such goods are offered for sale

Multi-level marketing and wealth creation programs

Multi-level marketing (including online payment randomizers), matrix, pyramid and Ponzi schemes, wealth creation programs, as well as all similar programs

Offensive goods

Goods, literature, products or other materials that:
• Defame or slander any person or groups of people based on their race, ethnicity, national origin, religion, gender or other factors
• Defame or slander any person or groups of people protected against defamation or slander by the applicable legislation Encourage or incite violent acts
• Promote bigotry and hatred
• Encourage or support participation in terrorist groups or other organizations prohibited by law
• Promote revisionist theories prohibited by the applicable legislation
• Violate accepted principles of morality

Criminality

Photographs, images or items, such as personal belongings, associated with criminals or criminal acts.

Adjustable goods

Airbags and batteries containing mercury, freon or similar substances of cooling, chemical and industrial solvents. Medical procedures. Vehicle titles, vehicle number plates, police badges, medical devices, pesticides and insecticides, and more

Protected cultural items and works of art

Material covered by the 1970 Convention of UNESCO on prohibition and prevention of illicit import, export and transfer of ownership upon cultural property, as well as of any other relevant good, the sale, export or transport of which is restricted by law. Artifacts, cave formations (speleothems, stalactites, stalagmites etc.) and tombs related to items protected by national and federal laws.

Traffic devices

Radar jammers, signs, traffic signal converters and related products

Academic papers and test-taking services

Dissertations and academic papers. Offers for test-taking services

 

 

The above categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.

The completion of any Professional User’s registration to this webpage shall not entail VIVA PAYMENTS’s obligation to provide its Services to this Professional User. Upon receipt of any required information and documents for the Verification and Identification of Professional User’s identity and business activity, VIVA PAYMENTS is entitled upon its sole discretion to deny the provision of its Services to this Professional User for reasons attributed to transactions security.

By accepting hereof, Professional User consents to the use by VIVA PAYMENTS of his/ her trade name and the fact of cooperation with the latter in any advertising and informative material (document, electronic or/ and on TV) published by VIVA PAYMENTS exclusively for advertising reasons and for the promotion of its activities.

Special Conditions applying to specific business sectors

Car, motorbikes, recreational boating rentals

The Professional User is obliged to limit the value of the transaction charged to the customer’s payment card as to include only the fee for the rental of the transportation or recreational means, as indicated in the relevant rental agreement. Charges via payment card should include only the amount directly related to the rental of means of transport or recreation and not other causes such as, but not limited to, damage resulting from accidents, property damage, fines or loss of profit. The Professional User is obliged to insure the transportation or recreational means provided for rental, for all related risks, otherwise the Professional User will bear the risk of physical or property damage and general liability 

In case of payment card billing for advances on postdated (future) rental of transportation or recreational means to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction, to be released upon receiving the return receipt, issued by the Professional User and hand signed by the customer upon the return to the rental company of the means of transport or recreation.

Hotels

Charging payment cards for reservations through VIVA PAYMENTS may be performed within the existing legal framework (Article 8 L.1652 / 10.30.1986) subject to written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Hotel printed in the language of the client accompanied by photo-copies of (a) customer’s ID or passport, (b) customer’s payment card, front face only, with the middle digits of the cards number covered. 

In case of payment card billing for advances on postdated (future) hotel / rooms to let service to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction which will be released upon receiving the check-out form, issued by the Professional User and hand signed by the customer.

Special Conditions applying to keyed-in transactions

In case of keyed-in transactions being explicitly permitted, the Professional User is obliged over and above of the usual identification and verification of the customer as a legitimate owner and user of the payment card, to proceed to the following actions:

  • receive the handwritten signature of the customer on the document of the transaction (receipt or invoice or order form etc.) and maintain signed document for a period of 12 months
  • compare customer’s signature on the transaction document with the sample on customer’s identification card or passport
  • note and maintain customer’s name, address, telephone number and electronic mail address (e-mail)

In case of discrepancy between the data on the payment card and the identification documents of the customer or doubt regarding the legality of possession of a payment card, Professional User is obliged to refuse the transaction and immediately notify VIVA PAYMENTS. 

Depending on the outcome of VIVA PAYMENTS transaction screening process or the transactions distinct characteristics, VIVA PAYMENTS may request from the Professional User and the Professional User must provide VIVA PAYMENTS with the document of the transaction, signed by the customer, a photocopy of customer’s ID or passport, a photocopy of customer’s payment card, front face only, with the middle digits of the cards number covered and written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Professionals Users establishment, printed in the language of the client.

Terms for the Issuance, Granting and Use of the Debit Card VIVA Personal Debit

These terms (hereinafter the ‘Terms’) govern the issuance, provision and use of Viva Personal Debit Card (hereinafter the ‘Card’). The Card is provided upon application of the customer (hereinafter “Cardholder”) by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou – Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece.

The Card is linked to a payments account held by the CardHolder in its name with VIVA PAYMENTS (hereinafter “Linked Account”) and enables the Cardholder to perform, by making relevant charges in the Linked Account, cash withdrawals from Automated Teller Machines (ΑΤΜs) and transactions with Greek or/and foreign enterprises and organizations who bear the MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or without physical presence (hereinafter «Transactions»).

 

1. Issuance and granting of the Card

  1. 1.1. The Card is issued by VIVA PAYMENTS in personalized plastic. VIVA PAYMENTS is entitled to reject Cardholder’s request for the provision of the Card for reasons which will be notified to the Cardholder. The issuance of the Card requires the prior successful verification of the Linked Account.

    1.2. The Cardholder is entitled to request for each Linked Account of him only one (1) one Card. The Card is sent deactivated by mail to the postal address that the Cardholder declares in its Linked Account. VIVA PAYMENTS bears no liability for any failure of the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.

    1.3. As soon as the Card is received by the Cardholder, the latter must sign in the back side of the card and activate it electronically, via the management tool of the Linked Account, in accordance with the procedure set by VIVA PAYMENTS. Activation of the Card results to the acceptance of these Terms by the Cardholder. Such electronic acceptance substitutes Cardholder’s hand- written signature and is equally valid, and therefore the accepted Terms hereof serve as proof of the transaction itself and its results.

    1.4. The Cardholder acknowledges that the Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of value lower than Euro 25 (€25) and consents to obtain the Card with such feature.

2. Personal Identification Number (PIN)

  1. 2.1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic management tool of the Linked Account, in a special field, which only the Cardholder has exclusive access to, by using his personal passwords and authentication codes.

    2.2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any leakage.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card constitute gross negligence of the Cardholder.

    2.3.  VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.

3. Use of the Card- Transaction Limits

  1. 3.1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, who must use it diligently and in compliance with the applicable legislation, Card Scheme Regulations and these Terms of Use. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card.

    3.2 The use of the Card for any transactions requires on the both the existence of an active Linked Account whose operation has not been suspended for any reason whatsoever, and the existence of available balance in said Linked Account that is adequate for covering the transaction’s value plus any additional charges resulting from its completion.

    3.3.  VIVA PAYMENTS has set, per type of transaction, Daily Transactions Limits, which are notified to the Cardholder through the management tool of the Linked Account and which the Cardholder must observe in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message sent in the management tool of the Linked Account, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).

4. Term of Card – Renewal - Suspension

  1. 4.1 The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or even earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.

    4.2. The Cardholder may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the present terms.

    4.3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Cardholder for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.

     

5. Security

  1. 5.1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.

    5.2. In the event of leakage of the Card details, or, provided that the Cardholder  becomes aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at  (+30) 2117604000 or at  13855 (local charge). Such notification serves as the Cardholder’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Cardholder is fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leak of its details; until such notification, the Cardholder shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder before the conclusion of the non- approved Transaction (unless Cardholder has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Cardholder.

    5.3. The Cardholder shall be liable without limitation for any damage, if he did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.

    5.4. Without prejudice to terms 5.2. and 5.3., Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund the Cardholder with Transaction’s value at the latest by the end of the next working day from the date of Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Cardholder’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.

    5.5. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Cardholder. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.

     

6. Transactions

  1. 6.1. The Cardholder may use the Card in combination with the PIN to perform transactions with merchants and cash withdrawals from ATMs, provided that the above term 3 is observed.

    6.2. In case of a transaction with any merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After transaction’s conclusion, the Cardholder provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.

    6.3. In the event of use of the Card for the performance of transactions in foreign currency, the Cardholder will be burdened with the relevant conversion fee as mentioned in the pricing list of VIVA PAYMENTS as in force.

    6.4. VIVA PAYMENTS is in no way involved with the relationship between Cardholder and any contracting merchants and therefore bears no liability towards the Cardholder for actions or omissions of these merchants. Therefore, the Cardholder has no right to raise against VIVA PAYMENTS any allegation, objection or claim he may have against any third party in relation to transactions that were performed with the use of the Card and he will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.

7. Cardholder’s certification MasterCard® ID Check™

  1. 7.1. Especially regarding online transactions and for the protection of the Cardholder from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.

    7.2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.

    7.3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.

    7.4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.

    7.5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.

    7.6. In case of suspicion or detection by the Cardholder that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder, constitutes gross negligence and therefore he shall be fully liable for all unauthorized transactions and he shall be obliged to pay their full value without any limitation whatsoever.

    7.7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.

    7.8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.

    7.9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Cardholder by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).

8. Term – Termination – Cancelation

  1. 8.1 This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account. No matter how this agreement is terminated, in such event the Card will be canceled.

    8.2 The Cardholder has the right to terminate this agreement in writing at any time by returning the body of the Card to VIVA PAYMENTS. In any case, the already accrued and existing obligations of the Cardholder by the time of termination shall not be affected by the latter and shall survive it.

    8.3 VIVA PAYMENTS is entitled to terminate this agreement, even without material reason subject to a prior notification of two (2) months. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.

    8.4 All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.

    8.5 The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The authorization to VIVA PAYMENTS to manage the transactions performed, by the time of termination of the agreement or cancelation of the Card, with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.

    8.6 In any case, upon termination of this agreement for any reason whatsoever, the Card is deactivated, and its plastic body Card must be returned destroyed by the Cardholder to VIVA PAYMENTS.

9. Charges – Subscription

  1. 9.1 The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Cardholder, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement.

    9.2 Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Cardholders through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference. Any other charges, not included in VIVA PAYMENTS’ pricelist or not stipulated by law or Card Schemes Regulations, that may be nonetheless imposed to the Cardholder for the conclusion of Transactions, shall be refunded to the Cardholder by VIVA PAYMENTS.

    9.3 By accepting these Terms, the Cardholder accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Cardholder does not accept the fees, he may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.

10. Other Terms:

  1. 10.1 The Cardholder shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time. The Cardholder acknowledges and accepts that the transactions of the Linked Account in general, including those performed with the use of the Card are recorded in the company and accounting books of VIVA PAYMENTS. Any information provided to the Cardholder regarding these transactions are taken from the company and accounting books of VIVA PAYMENTS and constitute true copy/extract of them and to that end, they serve as full proof of them, while counter proofing is allowed. In case the Cardholder questions any of the recorded transactions in the systems and books of VIVA PAYMENTS, the Cardholder must notify VIVA PAYMENTS as soon as he becomes aware of such transaction, by using the special electronic form of VIVA PAYMENTS or by sending a letter, making explicit reference to the reasons of questioning the transaction.

    10.2 For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as his location and movement data. The Cardholder provides his consent for the above recording and both parties acknowledge and accept that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place. The Cardholder also explicitly consents to the communication of this information and recordings to any judicial, regulatory and public authority that may ask for them within the framework of an official investigation.

    10.3 VIVA PAYMENTS is entitled to set off any amounts owed by the Cardholder that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.

    10.4 VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Cardholder accordingly. If the Cardholder disagrees with the amendment, he may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Cardholder by means of personalized systemic communication in written form, sent via the management tool of the Linked Account at least two (2) months prior to the suggested date of application of the amendment. If the Cardholder does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of two (2) months, it shall be deemed that he consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.

    10.5 VIVA PAYMENTS is not liable for any damage incurred by the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behavior or gross negligence.

    10.6 The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English

11. Personal Data:

  1. 11.1 The Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR. The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.

    11.2 The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Cardholder from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website .

    11.3 VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms. Also, the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Businesses and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement.

    11.4 If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, the services he asks for cannot be provided and this agreement shall be terminated at no cost for VIVA PAYMENTS.

    11.5 VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.

    11.6 VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.

    11.7 VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.

     

12. Notifications:

  1. Any notification, application or communication by VIVA PAYMENTS to the Cardholder within the framework of the transactional relationship governed by the present Terms, will be made to the Cardholder with an electronic message in the management tool of the Linked Account or by e-mail. The Cardholder must notify VIVA PAYMENTS in writing and without undue delay regarding the change of his address and of his other personal details. Any notifications by the Cardholder to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Cardholder by phone at (+30)2117604000 or at 13855. The Cardholder is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.

13. Governing Law – Jurisdiction:

The transactional relationship of VIVA PAYMENTS and the Cardholder regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the Cardholder that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Linked Account, which the Cardholder has accepted, and which govern the wider relationship of the Cardholder with VIVA PAYMENTS, will apply.

14. Agreement made from distance:

The transactional relationship between VIVA PAYMENTS and the Cardholder, which is governed by these Terms, constitutes an agreement made from distance in the sense of article 4i of L. 2251/1994 “on Consumer Protection”. These Terms serve as information material in the sense of article 4i of L. 2251/1994; in addition, the following apply within the framework of the same law: (a) The Cardholder is entitled to withdraw in writing, without cause and any penalty, from this agreement, within fourteen (14) days , as per the template, available here. In such case the Cardholder shall return the Card to VIVA PAYMENTS at his own cost within thirty (30) calendar days from the date that withdrawal declaration has been sent and additionally he shall cover any cost for Card issuance and provision (b) The right to withdraw is not exercised if the execution of the agreements has been fully completed by both parties upon an application by the Cardholder in writing, before he exercises such right.

15. Complaints Procedures and Alternative Dispute Resolution

15.1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

15.2. Cardholder is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.

15.3. VIVA PAYMENTS shall endeavor to answer in writing or electronically to the Cardholder within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Cardholder stating the reasons for such delay and setting a deadline within which the Cardholder shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) working days from the complaint receipt.

15.4. For dispute resolution between Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.

Terms & Conditions for the Issuance, Provision and Use of VIVA Company Debit Card & VIVA Employee Debit Card

These terms (hereinafter the ‘Terms’) govern the provision and use of Merchant debit cards Viva Company Debit Card and Viva Employee Debit Card (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou – Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece.

Any natural person or legal entity (hereinafter “Merchant”), that holds a Merchant payment account (hereinafter “Linked Account”) with VIVA PAYMENTS may request to be provided i) with Viva Company Debit Card, which is granted only to Merchant’s legal representative, and ii) with one or more Merchant Cards Viva Employee Debit Cards, which are granted to any person/s (e.g.  employees) authorized by Merchant, upon Merchant’s relevant instructions to VIVA PAYMENTS.

The Card is linked to the Merchant’s Linked Account and enables the Cardholder to perform, cash withdrawals from Automated Teller Machines (ΑΤΜs) and transactions with Greek or/and foreign merchants sand organizations bearing MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or remotely, by charging Linked Account in the name and on behalf of the Merchant, (hereinafter «Transactions»).

1. Card Issuance and Provision

  1. 1.1. The Card is issued by VIVA PAYMENTS in personalized plastic with the name of the Cardholder as indicated by Merchant to VIVA PAYMENTS. VIVA PAYMENTS is entitled to reject Merchant’s request for the provision of the Card for reasons which will be notified to the Merchant. The issuance of any Card requires prior successful verification of Merchant’s Linked Account.

    1.2. Each Card is sent deactivated by mail to the postal address for the Card via the management tool of its Linked Account. VIVA PAYMENTS bears no liability for any failure of Merchant or the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.

    1.3. As soon as the Card is received by the Cardholder, the latter must sign on the back side of the card and activate it electronically, through the management tool of the Linked Account to which the Cardholder has access with passwords and verification codes, being able to monitor and manage the Card, to the extent allowed by Merchant, in accordance with the procedure set by VIVA PAYMENTS.

    1.4. Activation of the Card results to the unconditional acceptance of the Terms by both Merchant and Cardholder.

    1.5. Based on these terms, Merchant shall not request to VIVA PAYMENTS to issue more than one (1) Card in the name of same natural person as Cardholder.

    1.6. The Merchant acknowledges that any Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of value lower than Euro 25 (€25) and consents to obtain the Card with such feature.

2. Personal Identification Number (PIN)

  1. 2.1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic management tool of the Merchant’s Linked Account, in a special field, which only the Cardholder has exclusive access to, by using his personal passwords and authentication codes, pursuant to the term 1.3 above.

    2.2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any leak.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card constitute gross negligence of the Cardholder.

    2.3.  VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.

3. Use of the Card- Transaction Limits

  1. 3.1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, as authorized representative of the Merchant, who must use it diligently and in compliance with the applicable legislation and the Terms of Use, always to the extent of power granted by the Merchant. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card. The Merchant is exclusively liable towards VIVA PAYMENTS for the use of the Card by the Cardholder. The Merchant must ensure that the card is used exclusively by a person that has been authorized as Cardholder. Each transaction performed with the use of the Card is presumed to be performed by the Cardholder that is duly authorized by the Merchant, in the name and on behalf of the latter, unless VIVA PAYMENTS has received an opposing notification by virtue of the below term 5.3.

    3.2 The use of the Card for performing any transactions requires, on the one hand, the existence of an active Linked Account that is held by the Merchant and whose operation has not been suspended for any reason whatsoever, and on the other hand, the existence of available balance in said Linked Account that is adequate for covering the transaction’s value plus any additional charges resulting from its completion.

    3.3.  VIVA PAYMENTS has set, per type of transaction, Daily Transactions Limits, which are notified to the Merchant through the management tool of its Linked Account and which the Cardholder must observe in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder, the Merchant and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message sent in the management tool of the Linked Account, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).

    3.4. In any case, the Merchant may at any time ask VIVA PAYMENTS to change the above Daily Transactions Limit for any of the cards issued in its name; the acceptance of such request is left to the absolute discretion of VIVA PAYMENTS.

    3.5. Regardless of the Limits in the above term 3.3., the Merchant may set through the management tool of its Linked Account, special limits of use (quantitative or others) for any of the Cards issued in its name.

4. Term of Card – Renewal - Suspension

  1. 4.1 The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or even earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.

    4.2. The Merchant may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the present terms.

    4.3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Merchant for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Merchant or the Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.

5. Security

  1. 5.1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Merchant’s Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.

    5.2. In the event of leakage of the Card details, or, provided that the Cardholder or/and the Merchant become aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at (+30) 2117604000 or at 13855 (local charge). Such notification serves as the Merchant’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Merchant and the Cardholder are fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leakage of its details; until such notification, they shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder or the Merchant before the conclusion of the non- approved Transaction (unless Cardholder or Merchant has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Merchant and the Cardholder.

    5.3. The Merchant and the Cardholder shall be liable without limitation for any damage, if they did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.

    5.4. Without prejudice to terms 5.2. and 5.3., Merchant and /or Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Merchant/ Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund Merchant with Transaction’s value at the latest by the end of the next working day from the date of Merchant’s/ Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Merchant’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.

    5.5. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Merchant. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.

6. Transactions

  1. 6.1. The Cardholder may use the Card in combination with the PIN to perform transactions with Merchantes and cash withdrawals from ATMs, provided that the above term 3 is observed.

    6.2. In case of a transaction with a Merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder written on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After the conclusion of the transaction in any way by the Cardholder, the Merchant provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Merchant’s Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.

    6.3. In the event of use of the Card for the performance of transactions in foreign currency, the Merchant will be burdened with the relevant conversion fee as mentioned in the current price list of VIVA PAYMENTS.

    6.4. VIVA PAYMENTS bears no liability in relation to issues pertaining to the transactional relationship between the Cardholder or/and the Merchant and the contracting Merchant (merchant of products or/and services) and any third party and accordingly bears no liability towards the Cardholder and the Merchant for actions or omissions of the Merchantes or other organizations which they transact with. Therefore, the Merchant and the Cardholder have no right to raise against VIVA PAYMENTS any allegation, objection or claim they may have against any third party in relation to transactions that were performed with the use of the Card and the Merchant will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.

    6.5. The Merchant unreservedly acknowledges that the Cardholder’s transactions with the use of the Card in the name and on behalf of the Merchant are performed within the framework of its entrepreneurial activity and that the Cardholder makes them by virtue of a special authorization granted by the Merchant. The non-fulfilment of the requirements set in this paragraph cannot be opposed against VIVA PAYMENTS by the Merchant.  

7. Cardholder’s certification MasterCard® ID Check™

  1. 7.1. Especially regarding online transactions and for the protection of the Cardholder and the Merchant from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Merchant or the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.

    7.2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.

    7.3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction, the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.

    7.4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.

    7.5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.

    7.6. In case of suspicion or detection by the Cardholder or the Merchant that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder or the Merchant, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder and the Merchant must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder or the Merchant, constitutes gross negligence on their behalf and therefore they shall be fully liable for all unauthorized transactions and they shall be obliged to pay their full value without any limitation whatsoever.

    7.7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.

    7.8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.

    7.9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Merchant by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).

8. Term – Termination – Cancelation

  1. 8.1 This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account of the Merchant. No matter how this agreement is terminated, in such event the Card will be canceled.

    8.2 The Merchant has the right to terminate this agreement in writing, subject to a prior notification of one (1) month. In the event that a material reason exists or if the Merchant does not accept the amendment of the Terms made by VIVA PAYMENTS in accordance with these terms, the Merchant may terminate the present agreement in writing without any prior notification. In any case, the already accrued and existing obligations of the Merchant by the time of termination shall not be affected by the latter and shall survive it.

    8.3 VIVA PAYMENTS is entitled to terminate this agreement, subject to a prior notification of one (1) month. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.

    8.4 All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder or/and the Merchant is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.

    8.5 The Merchant may at any time, by way of a request filed by its legal representative and transmitted electronically through www.vivawallet.com, proceed with the cancelation of the Card.

    8.6 The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The rights of VIVA PAYMENTS to manage the transactions performed with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Merchant’s Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.

    8.7 After the cancelation of the Card and/ or the termination of this agreement the Card is deactivated, and its plastic body Card must be returned destroyed by the Merchant to VIVA PAYMENTS.

9. Charges – Subscription

  1. 9.1 The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Merchant, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Merchant’s Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement.

    9.2 Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Merchant through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference. Any other charges, not included in VIVA PAYMENTS’ pricelist or not stipulated by law or Card Schemes Regulations, that may be nonetheless imposed to the Cardholder for the conclusion of Transactions, shall be refunded to the Cardholder by VIVA PAYMENTS.

    9.3 By accepting these Terms, the Merchant accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Merchant does not accept the fees, it may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.

10. Other Terms:

  1. 10.1 The Merchant shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time.

    10.2 For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Merchant’s representatives or the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as their location and movement data. The Merchant must ensure the consent of its said representatives and of the Cardholder for the above recording and the Merchant acknowledges and accepts that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place.

    10.3 VIVA PAYMENTS is entitled to set off any amounts owed by the Merchant that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.

    10.4 VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Merchant accordingly. If the Merchant disagrees with the amendment, it may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Merchant by means of personalized systemic communication in written form, sent via the management tool of the Merchant’s Linked Account at least one (1) month prior to the suggested date of application of the amendment. If the Merchant does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of one (1) month it shall be deemed that it consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.

    10.5 VIVA PAYMENTS is not liable for any damage incurred by the Merchant or/and the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behavior or gross negligence.

    10.6 The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.

    10.7 The Merchant declares that:

    1. a) it is able to enter into agreements with VIVA PAYMENTS for the granting of the Card within the framework of these terms,
    2. b) the natural person that applies for the issuance of the Card, accepts these terms on the Merchant’s behalf and shall set limits to its use in accordance with the above term 3.5, he/ she is the Merchant’s legal representative and acts within the framework of the representation power granted by the Merchant and that he/she is lawfully authorized by the latter to bind the Merchant within the framework of these terms,
    c) at the time of acceptance of these terms, no change or amendment in the legal form of the Company or in its legal representation have occurred.

11. Personal Data:

  1. 11.1 The Merchant must ensure that the Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR.

    The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.

    11.2 The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Merchant from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website.

    11.3 VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms and the Merchant must ensure that the Cardholder consent to such transfer. Also, the Merchant must ensure that the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Merchantes and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement.

    11.4 If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, then the Card will not be possible to be used by him/her.

    11.5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.

    11.6. VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.

    11.7 VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.

12. Notifications:

Any notification, application or communication by VIVA PAYMENTS to the Merchant within the framework of the transactional relationship governed by the present Terms, will be made to the Merchant with an electronic message in the management tool of the Linked Account. The Merchant must notify VIVA PAYMENTS in writing and without undue delay regarding the change of its address and of its other details. Any notifications by the Merchant to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Merchant by phone at (+30)2117604000 or at 13855. The Merchant is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.

13. Governing Law – Jurisdiction:

The transactional relationship of VIVA PAYMENTS and the Merchant regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the User that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Merchant’s Linked Account, which the Merchant has accepted through its legal representative and which govern the wider relationship of the Merchant with VIVA PAYMENTS, will apply. The Merchant declares that before the acceptance of these Terms, it was informed and accepted all General and Special Terms of Transactions of its Linked Account, the present statement certifying such acceptance.

14. Complaints Procedures and Alternative Dispute Resolution

14.1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.

14.2. The Merchant is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.

14.3. VIVA PAYMENTS shall endeavor to answer in writing or electronically to the Merchant within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Merchant stating the reasons for such delay and setting a deadline within which the Merchant shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) working days from the complaint receipt.

14.4. For dispute resolution between Merchant, Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Merchant may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.

VIVA PAYMENT SERVICES SA

  • is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
  • has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.

POS PURCHASE TERMS

1. Scope

This Agreement exclusively covers all product sales of Viva Payment Services SA , a societe anonyme with registered office in Marousi, Attica, at 18-20 Amarousiou Chalandriou Ave.151 25, with TIN 997671771/Tax Office: Athens Tax Office for Societes Anonymes or, depending on the country of sale, of Viva Payment Services S.A. – Belgian Branch, a societe anonyme with registered office in Parvis Sainte-Gudule 5, 1000 Bruxelles, Belgium (hereinafter collectively called Viva), as these products are available for sale on the website www.vivawallet.com belonging to the Payment Institution Viva Payment Services SA, in accordance with Law 4537/2018. Any user that accesses and uses the Viva e-shop services is considered to have read, understood, consented to and unreservedly accepted the terms and conditions herein stipulated without any exceptions whatsoever. If a user does not agree with these terms and conditions, they should refrain from using the e-shop and from transacting therewith. Placing an order with Viva entails unreserved acceptance of this Agreement and all of its terms and conditions.

2. Object of VIVA e-shop & Conditions of product use

The POS category products that are available for sale on the Viva e-shop (hereinafter called the products) exclusively pertain to payment terminals for cards (credit, debit and prepaid). The products satisfy the requirements published in detail for each product on the Viva e-shop, which you are requested to carefully read before placing an order. The products are exclusively intended for Businesses and Freelancers to be used solely and exclusively in their commercial or freelance activities in the context of which they wish to accept payments by card. The products operate exclusively with the Payment Services provided by VIVA PAYMENTS. Registration and identification as a Merchant and maintaining an effective cooperation agreement with VIVA PAYMENTS is prerequisite for the use of the products in order to accept payments by card, in accordance with the terms and conditions published from time to time on www.vivawallet.com. Rejection of your request by VIVA PAYMENTS and/or interruption of the payment services to your Business in part or in whole, at any time and for any reason, shall render you fully unable to use the products supplied to you. In this case, neither Viva nor VIVA PAYMENTS shall be held liable for compensation. Therefore, it is recommended that you complete the registration and identification procedure with VIVA PAYMENTS before purchasing the products. Resalling, transfer of ownership as well as transfer of the right of use of the product is strictly prohibited without Viva’s prior written consent. For security reasons Viva reserves the right to interrupt immediately the clearing process of all transactions made with products that were sold το Businesses and Freelancers through third parties without Viva’s written consent.

3. Orders

Orders shall be exclusively written and placed online by filling out and sending the relevant Order Form that can be found on www.vivawallet.com. Your order will be considered received by Viva on receipt of a confirmation email. Notifications on order status will be displayed on your screen and sent by e-mail to the e-mail address you have entered. During the processing of each registered order, the availability of the product stock you ordered will be confirmed. If the availability differs from that indicated on the product page, you will receive a relevant notification. You are required to review the confirmation e-mail and immediately inform Viva in writing (within 2 hours at the latest from receipt of the confirmation e-mail) of any errors, otherwise the details mentioned in e-mail will be applied to this Agreement. Please consider the following before placing an order: – The prices of various products indicated on the website pages are exclusive of legal VAT. – The e-shop prices may change at any time without prior notice. – Various product offers will last until stocks run out or for a certain period of time, as may be posted on the website. Viva takes great care to ensure that you are provided with products and services of high quality on a daily basis. Viva shall not be held liable for any errors in product features, images and prices displayed on www.vivawallet.com, and cannot guarantee that no errors will arise from any cause in entering and/or updating the features and/or the price of a product. In the spirit of good faith and for your own protection, if you find that a product is offered at an unusually low or high price compared to its market value, you are kindly requested to contact the VIVA Customer Service at 13855 from fixed or mobile phone, or send an e-mail to support@viva.gr.

4. Order cancellation

You can cancel an order at any stage before receiving the product, by calling 13855 from fixed or mobile phone, or by sending an e-mail to support@viva.gr. We will inform you of the options available to you depending on the stage of your order.

5. Delivery / Ownership / Risk

The products may be shipped to any location within the Greek territory. The products will be shipped to the location indicated in the Order Form by a courier service. With regard to areas to which your order may not be shipped by courier, delivery will be made by Hellenic Post at the delivery time prescribed by the Hellenic Post. Deliveries are made daily except Saturday, Sunday and holidays. Viva will take all efforts to have the products delivered within 1-3 business days (Monday through Friday). For product availability noted as “UPON ORDER”, “LIMITED AVAILABILITY” or “TEMPORARILY UNAVAILABLE”, and provided that the relevant products can be ordered from the suppliers of Viva, the delivery time is estimated at 5-20 business days (Monday through Friday) depending on the product category. Start of product sale until 1/4/2015. Ownership of the product will be transferred after full repayment, while the risk will be transferred upon delivery.

6. Product warranty

  1. Liability of Viva (as Seller) for actual defects or lack of agreed features.
    In case of liability on part of Viva for any actual defects or lack of an agreed feature of a product, the purchaser may: a) request to have the product repaired or replaced at no cost, unless this is impossible or causes disproportionate costs; b) request a discount; or c) withdraw from the sale agreement, unless in the case of a minor actual defect. In order for a property to be considered agreed, it must be agreed upon or communicated in writing in advance. If the purchaser opts for the product’s repair or replacement, Viva must proceed to such repair or replacement within a reasonable period of time. In all cases where a defect is found, please contact Viva as soon as the product is delivered and no later than three business days, at 13855 (from fixed or mobile phone) or support@viva.gr
  2. Liability of Viva (as a Seller) in case of product failure:
    1. If failure is declared within fourteen (14) calendar days from the date of receipt, Viva will proceed in product’s replacement with a new one, that meets the same or similar technical specifications. It is “sine qua non” that the failed product along with its original, complete-content package are both returned at the user’s expense and under his responsibility in the address indicated by Viva and in excellent condition. Viva will check the returned product and package and, provided that all conditions are met, will send to the user the replacement product within a reasonable period of time.
    2. If failure is declared after a period of fourteen (14) calendar days from the date of receipt, Viva will check the product. In the event that the failure is not covered by the offered guarantee, as provided in paragraph 6.3 below, Viva will inform the user about the repair cost. Contrariwise, if the failure is covered by the guarantee or the repair cost becomes acceptable by the user, Viva will repair and return the product to the user within a reasonable period of time. Product will be dispatched to Viva and returned to the user at the user’s expense and under his responsibility. Alternatively, Viva can immediately replace the failed product with another one, new or repaired, that meets the same or similar technical specifications. In this case, on receipt of the replacement product, the user accepts that he undertakes the repair cost resulting from the check, which in no case can exceed half of the initial product’s market value.
  3. Supplier’s Liability and Warranty
    New products with a long lifespan (“durable goods”) must be accompanied by a warranty (“commercial warranty”) of the product manufacturer or the entity that imported the product in the EU, or the entity indicated as manufacturer (“Supplier”)”), in accordance with the pertinent laws.

7. Right of Withdrawal

You may return the products purchased from our e-shop, at no cost and without the obligation to tell us why you wish to return the products, within the mandatory time limit of fourteen (14) calendar days from the date that the products are delivered. In this case you will only be charged with the direct cost of returning the products. Returns will only be accepted if the products you wish to return are in the same condition as when you received them, i.e. without the packaging being unsealed or opened, together with the sales receipt or invoice. If you choose to withdraw or change your mind, you can return the product by bringing it to the “Smartec S.A.” (Fidipidou Street 7, 124 61 – Chaidari),during business days and hours. Depending on the method selected to pay for your order and regardless of how you return the products, your money will be refunded within 30 days from the day that we will receive the products. The refund may be paid by crediting your bank account communicated to Viva, or directly into the credit card used to purchase the product.

8. Force Majeure

Viva will not be responsible for any delays in the execution of this agreement (including delivery) that are due to events not attributed to the fault of Viva, or are due to Force Majeure events, and therefore Viva will be entitled to extend the execution time. Such events may indicatively include strikes, terrorist acts, war, supplier/transportation/production problems, fluctuations in the currency exchange rates, governmental or legislative acts and natural disasters. If such events persist for more than 2 months, this agreement may be terminated by either party at no cost.

9. Amendments to the terms hereof

Viva reserves the right to amend or renew the terms and conditions of transactions. An amendment or renewal will become effective as soon as this text is updated with any change.

10. Protection of Personal Data - Confidentiality

  1. Access to the e-shop and receipt of the products displayed or their purchase by phone will require that users provide Viva with those details that are necessary for the successful and secure delivery and receipt of the products, e.g. name, e-mail address, postal address, telephone number, card details etc. 
  2. By entering the requested details for the execution of each transaction, each user explicitly consents (opt-in) to the collection, use and processing of their personal data for the above purpose, in accordance with article 6, par. 1 of the General Data Protection Regulation (GDPR 2016/679), L. 2472/1997 and the applicable Greek law, as in force from time to time. VIVA takes all proper technical and organizational measures for the security and protection of data and observes all principles of lawful processing of personal data (lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability). We aim to protect the data subject’s rights (information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on profiling), in accordance with the GDPR, the Greek laws, the decisions of the Hellenic Data Protection Authority (DPA), the written instructions and the Security and Data Protection Policy that is published in our website.
  3. VIVA is entitled to use the contact details that the user has disclosed to send information messages about its products and services, as well as relevant offers and/or announcements, provided that the user has provided an explicit consent by submission of a relevant declaration in our website, which may at any time withdraw.
  4. The user may withdraw the provided consent by sending an e-mail to dpo@vivawallet.com; such e-mail must be sent by the same e-mail address declared by the user upon registration, stating “I DO NOT WISH TO RECEIVE INFORMATION”. Alternatively, the user may select the option “DELETE FROM RECIPIENT LIST” on the e-mail received. 
  5. If they so wish, users may request at any time information about their personal data kept by VIVA, their recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending a relevant e-mail to dpo@vivawallet.comfrom the e-mail address declared upon registration, attaching a copy of their ID card.
  6. VIVA reserves the right to allow authorized access and/or grant rights to use and process personal data of users to third parties, legal or natural persons, which have been appointed by VIVA to perform processing that takes place with the same standards of safety and protection applied by VIVA as Data Controller. VIVA may be obliged by prosecution and police authorities to provide the same access, in accordance with the applicable law.
  7. VIVA reserves the right to use or transfer to third parties, anonymized, the information communicated to it in a manner that does not allow the identification or disclosure of the person it refers to, for statistical, promotional, research and/or advertising purposes.
    The details of access to VIVA’s services, if they have been chosen by the user or they were automatically generated by VIVA’s systems and have been communicated to the user (indicatively and not restrictively, payment codes, order codes, passwords etc.) are strictly personal and the user is exclusively responsible to protect them from being disclosed, copied, challenged and communicated to third parties.

11. Miscellaneous

  1. Should any part of this Agreement be found to be invalid or unenforceable by a court order, the remainder of the Agreement shall remain valid.
  2. Viva may enter into an agreement to assign part of its obligations stemming from this agreement and to the extent necessary, to an appropriate third party. In all other aspects, neither party may transfer or assign its rights or obligations.
  3. All notices shall be made in writing (handwritten, by e-mail, fax or first-class mail, which shall be considered delivered 48 hours after posting).

12. Applicable Law - Jurisdiction

This Agreement is governed by European and Greek Law, particularly those acts regulating matters relating to electronic commerce and distance selling, and is subject to the exclusive jurisdiction of the Athens courts.

POS LEASE TERMS

1. Scope

These terms and conditions apply exclusively to any lease of POS Products for cards acquiring (hereinafter “POS Products”) entered into by and between the Société anonyme under the trade name “VIVA ONLINE SERVICES S.A.” with its headquarters in Amaroussion of Attica, 18-20 Amarousiou – Chalandriou street, P.C. 15125, Tax ID No. 998988329, Tax Authority of Athens for Sociétés Anonymes, Business Registry No. 006549001000 (hereinafter «VIVA»), as lessor and any legal entity or individual acting as Merchant, as lessee (hereinafter the “Merchant”).

2. Lease conclusion

  1. The Merchant may rent POS Products from VIVA upon relevant request, by choosing the quantity (pieces) and the type of POS products he wishes to rent with any of the following ways:
    1. electronically on VIVA’s official webpage, www.vivawallet.com/pos,
    2. by phone, by dialing the short telephone number 13855 (either by landline or cell phone) or by contacting VIVA’s contractual associates,
    3. upon Merchant’s visit at the physical points of POS Products retail disposal, or
    4. upon contact with VIVA’s promoter- representative who visits Merchant’s premises.
    POS Products delivery shall take place as per term 3.3. below, except from cases (iii) and (iv), in which Merchant shall simultaneously receive POS Products.
  2. Upon submission of lease request according to the above, VIVA shall issue electronically an Order Note stating the order/ agreement number, Merchant’s data (trade name, full address, Tax ID number, Tax Authority), recipient’s data (name, address), the type and quantity of POS Products to be leased, the lease term, the lease rate as net value, VAT and gross value, the delivery method and any delivery costs.
  3. Upon activation of POS Products, Merchant declares by its lawful representative, that Merchant acknowledges and unconditionally accepts terms hereof. In case of disagreement with any term hereof, the Merchant shall abstain from lease request and order of POS products and in any case from the POS Products use including activation.
  4. POS Products operate exclusively for transactions concluded in the context of the Payment Services provided by the E-money Institution under trade name “VIVA PAYMENT SERVICES SA” (hereinafter “VIVA PAYMENTS”). Therefore, in order to conclude transactions by using the POS Products, the Merchant shall have been firstly registered to VIVA PAYMENTS as Professional User and own an active and authenticated account, according to the terms and conditions as in force and uploaded from time to time to the official webpage of VIVA PAYMENTS www.vivawallet.com, and then the cooperation agreement between Merchant and VIVA PAYMENTS for cards acquiring shall be valid and in force.

3. VIVA Declarations

  1. In the context hereof, VIVA provides to the Merchant the right to use the POS Products for a term set under 6 below, and the Merchant shall pay to VIVA the lease rate according to 5 below.
  2. VIVA undertakes to deliver the POS Products to the Merchant without any faults, suitable for use and equipped with the specifications and certifications as provided for by the current legislation and regulatory framework, the International Card Schemes Regulations (indicatively VISA, MASTERCARD) under recognized security protocols (PCI-DSS). VIVA shall take any suitable means to preserve POS Products’ features, certifications and specifications unchanged during the whole term of the lease, in order to render its use feasible.
  3. In case of lease request electronically or by phone [term 2.1. (i) and (ii)] VIVA undertakes to deliver POS Products to Merchant at the address declared by the latter upon lease request submission, by courier, within reasonable time, according to the availability of POS Products. Merchant shall bear any delivery costs. VIVA shall bear no liability for any delay in POS Products delivery to the Merchant attributed to courier service provider or force majeure.
  4. If, during the term hereof, the POS Products appear with any fault, damage or malfunction, which are not attributed to the Merchant’s bad use or use against the indicated one, VIVA undertakes depending on the POS Products’ damage/ malfunction/ fault, either to repair or replace them with other of the same or equal specifications and features, within reasonable time from relevant malfunction notification to VIVA, without any burden of Merchant except from the transfer costs. The delivery of the replacing POS Products shall be accompanied by Delivery Note stating the serial number both of the replacing and replaced POS Products. VIVA shall bear no liability towards the Merchant for any damage, material or consequential, or loss of profits suffered by the Merchant due to such reason.
  5. VIVA is not a credit or financial institution or payment institution or payment services provider of any other form and is not anyhow involved with and thus bears no liability for the transactions, charges and debits concluded by use of POS Products leased by the Merchant. For any issue regarding the transactions, charges and debits, the Merchant shall address to VIVA PAYMENTS.
  6. In case of violation by Merchant of any term hereof as indicatively in case of non-timely or non-payment of lease rate by Merchant, VIVA may suspend leased POS Products operation or/ and terminate the agreement according to term 7 below.

4. Merchant’s Declarations

  1. Throughout the whole term hereof, Merchant shall make proper and diligent use of the POS Products, by complying in full with the instructions of use included in the POS Products packaging as well as any other instructions uploaded on the webpage www.vivawallet.com/pos for the specific POS Products type.
  2. Merchant declares that he/ she shall use the above POS Products for any lawful business activity at the declared premises according to the moral and business ethics.
  3. Merchant is prohibited to sell, sublease or further grant the right of use of the POS Products to any third party, as well as to assign or transfer any of Merchant’s rights hereof or be in any way substituted to Merchant’s undertakings hereof by any third party.
  4. The Merchant is obliged to immediately notify VIVA, without any unjustifiable delay, for any damage or malfunction of POS Products’ either by contacting VIVA’s Technical Support Department by phone by dialing 2117604000, or by sending an e-mail to the e-mail address support@vivawallet.com.
  5. If POS Products repair or replacement is required due to their damage, malfunction or destruction attributed to Merchant’s fault or negligence, the relevant cost shall burden the Merchant.
  6. In case of POS Products theft or loss, the Merchant shall immediately notify such fact to VIVA and in any case the Merchant bears any relevant replacement cost.
  7. Merchant shall notify VIVA in writing and immediately, without any unjustifiable delay, any alteration of its legal form, its representation as well as its assets and financial status, and VIVA is entitled to terminate the lease, if such alterations are considered upon VIVA’s absolute discretion to affect VIVA’s interests.
  8. Merchant declares that Merchant’s data as declared upon the submission of the order are true and valid and shall notify to VIVA in writing for any further amendment immediately and even in advance if possible. Such data shall be in force since their notification to VIVA.
  9. The Merchant owns exclusively the right to use the POS Products and shall not possess any other right of ownership or exploitation over the POS Products or of their established software.
  10. Any intervention, repair or modification of the POS Products or their software by the Merchant is expressly prohibited.
  11. The use of POS Products shall be exclusively conducted by Merchant’s lawful representatives or employees suitably authorized and trained to do so.

5. Financial Terms / Lease Rate

  1. Merchant shall pay to VIVA a lease rate, which is agreed to be paid every six months at a standard amount as mentioned in the relevant Order Note plus VAT as applicable.
  2. Merchant shall pay the lease rate to VIVA within ten (10) first calendar days of each six- month period. The first six-month period shall commence from the date of receipt of POS products.
  3. Merchant shall pay to VIVA the lease rate of each and every six-month lease period as well as any other charge due to this lease agreement (e.g. indicatively and not exclusively the delivery expenses) through Merchant’s electronic account VIVA WALLET kept with VIVA PAYMENTS. Merchant shall keep adequate balance in Merchant’s account VIVA WALLET during the time period mentioned in the term 5.2. above. The respective Invoice for the Provision of Services for each six-month lease period shall be issued the first day of such period and shall be available electronically by any suitable electronic mean, indicatively by e-mail, by sending electronic message through Merchant’s account VIVA WALLET to which POS Products are logged on to, text to Merchant’s mobile phone number as declared to VIVA, etc.
  4. Upon acceptance hereof, Merchant accepts and consents to pay to VIVA any lease rates and other costs due to this lease, with direct charge of its business VIVA WALLET account kept with VIVA PAYMENTS. The above VIVA WALLET charge shall be executed upon VIVA’s order, in its capacity as beneficiary, under Merchant’s relevant authorization, according to data transmitted by VIVA to VIVA PAYMENTS and Merchant’s VIVA WALLET account shall be charged with an amount equal to the lease rate and any other costs due, as referred to in the respective Invoice issued.
  5. It is specifically provided that the lease rate as per the first six-month lease period shall be paid by Merchant upon receipt of POS Products the latest by means as notified by VIVA by the time of lease request submission.

6. Duration

  1. The minimum duration of this lease agreement is two (2) years starting from the delivery of POS Products to the Merchant.
  2. The duration of the lease agreement shall be renewed automatically for two (2) more years, unless Merchant declares in writing to VIVA, thirty (30) calendar days before the lapse of the contractual duration stated under 6.1. above, that Merchant does not wish the lease renewal. The lease rate of the renewed lease period shall be the one for POS Products of the same type, as provided in VIVA’ s pricelist in force upon lapse of the deadline as provided in the first subparagraph 6.2. above.

7. Termination

  1. The time period of the first eighteen (18) months from either the beginning of this lease or its renewal is agreed as obligatory minimum stay to this agreement. If Merchant terminates the lease agreement at any time and for any reason within such period, the termination is only valid against VIVA if in writing, with immediate effect upon being notified to VIVA, and upon the condition that Merchant pays to VIVA the lease rates for the whole contractual term of this lease (terms 6.1. and 6.2. above) plus early termination fee, as amounts at the termination time, uploaded to the relevant charges page www.vivawallet.com. After the lapse of such termination, Merchant may terminate this lease in writing, with immediate effect, whenever without obligation to pay early termination fee. In such case, however, the lease rate for the six-month lease period within which the lease agreement is terminated, shall be payable and in case it has been paid, is not refunded.
  2. VIVA is entitled to terminate this lease agreement in writing, with immediate effect from its notification to Merchant, indicatively in the cases stated below:
    1. violation on behalf of the Merchant of any term hereof such as indicatively in case of non-timely or non-payment of the lease rate by the Merchant as provided under the term 5 above,
    2. improper use of POS Products on behalf of the Merchant,
    3. termination of the agreement for cards acquiring between Merchant and VIVA PAYMENTS,
    4. Merchant’s entering into or filing petition to enter into bankruptcy, liquidation or any other equivalent status of cease of payments.
    In such case, Merchant shall pay to VIVA any lease rate for the whole contractual term of the lease as per terms 6.1. or 6.2. respectively.
  3. In case of termination hereof in any way, Merchant is obliged to immediately cease the use of POS Products and deliver them to VIVA at the address indicated by the latter in a good condition as well as any other material given to Merchant due to this agreement, within fifteen (15) calendar days. Otherwise, VIVA is entitled to demand by Merchant compensation amounting to the price of the POS Products plus taxes and fees. In case the Merchant delivers the POS Products within the above period but with damages not relating to the usual and agreed use, VIVA is entitled to demand a refund by Merchant, and such refund shall amount to the price of POS Products as in force at the time of lease agreement conclusion plus taxes and fees.

8. Right of Withdrawal

  1. The Merchant may withdraw from the lease agreement at no cost and without any justification within 14 calendar days starting from the next day of POS Products receipt.
  2. In order to exercise the right of withdrawal, the Merchant shall inform VIVA respectively within the above time period, by making a clear statement (e.g. letter by post or by e-mail).
  3. In case of withdrawal, Merchant shall return to VIVA the above POS Products to the address of its warehouse («SMARTEC SA», 7 Feidippidou street, 124 61 – Chaidari), within 14 calendar days from the date of relevant notification to VIVA, during working days and hours and shall be burdened with the return costs. The Merchant shall be responsible for returning the POS Products to VIVA and the Product shall be in the same condition as when the Merchant received the Product, i.e. without the Product being activated, within the package, at a perfect condition and with all the materials included in the package. VIVA shall return to the Merchant any money received from the latter in the context hereof, within 14 calendar days from the date that VIVA has been informed about the withdrawal and with the same means of payments used by the Merchant at the time of lease agreement conclusion.

9. Personal Data Protection

  1. VIVA will solely collect and keep any data and personal data that the Merchant may disclose to VIVA by entering the requested details in the relevant fields. The purpose of collecting, using and processing the Merchant’s data and the personal data (in case of individual as merchant or legal representative of merchant) is POS Products lease. By entering the requested details for the execution of each transaction, each Merchant explicitly consents (opt-in) to the collection, use and processing of the personal data it discloses for the above purpose, in accordance with article 6, par. 1 of the General Data Protection Regulation (GDPR 2016/679), L. 2472/1997 and the applicable Greek law, as in force from time to time.
  2. VIVA takes all proper technical and organizational measures for the security and protection of data and observes all principles of lawful processing of personal data (lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability). We aim to protect the data subject’s rights (information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on profiling), in accordance with the GDPR, the Greek laws, the decisions of the Hellenic Data Protection Authority (DPA), the written instructions and the Security and Data Protection Policy that is published in our website.
  3. Upon acceptance of the terms hereof, each Merchant grants his explicit and unreserved consent to the use, keeping, processing and transfer of any data and personal data provided to VIVA, by VIVA or third parties collaborating with VIVA for the services provided hereunder. VIVA reserves the right to use or transfer to third parties, anonymized, the information communicated to it in a manner that does not allow the identification or disclosure of the person it refers to, for statistical, promotional, research and/or advertising purposes.
  4. VIVA reserves the right to use the contact details that the Merchant provided, in order to send information in relation to VIVA’s products and services as well as to relevant offers or/and announcements, provided that the Merchant has explicitly consented by submission of a relevant declaration in our website, which may at any time withdraw. If a Merchant no longer wishes to have Merchant’s data and personal data used for this type of information from VIVA, the Merchant may send an e-mail via its legal representative to dpo@vivawallet.com, stating “I DO NOT WISH TO RECEIVE INFORMATION”. Alternatively, the Merchant may select the option “DELETE FROM RECIPIENT LIST” on the e-mail received. 
  5. The collection, keeping, processing and transfer of the personal data that the Merchant provides to VIVA either electronically or by phone, will be collected, used and processed in accordance with the applicable provisions on personal data protection. 
  6. The Merchant or/ and the Merchant’s lawful representative may whenever request information about their data or/ and personal data as kept by VIVA, their recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending a relevant e-mail to dpo@vivawallet.com.  
  7. Viva shall allow access to data or/ and personal data of the Merchant or/and Merchant’s lawful representatives only to persons authorized to have access, in order to achieve the scope of data collection, use and processing, as hereby disclosed. In this context, VIVA reserves the right to allow authorized access and/or grant rights to use and process personal data of users to third parties, legal or natural persons, which have been appointed by VIVA to perform processing that takes place with the same standards of safety and protection applied by VIVA as Data Controller. VIVA may be obliged by prosecution and police authorities to provide the same access, in accordance with the applicable law.
  8. The Merchant is hereby informed that in case of non-payment of the due lease rates, VIVA is entitled to provide the Merchant’s data to third parties as required for the purpose of recourse of these due lease rates.
  9. VIVA and its authorized associates may proceed to the recording of the content of its communications with the Merchant for the purpose of transactions’ security and/ or to prove a communication and/ or a transaction made in full compliance with the applicable legislation mainly by notifying the starting and termination of the recording. The Merchant accepts the recording and undertakes to inform all Merchant’s agents regarding the possibility of recording of their communications, as well as any procedures as per the initiation and termination of the recording of a communication applied by VIVA in compliance to the applicable legislation.

10. Terms Amendment

VIVA is entitled to whenever amend the terms and the prerequisites hereof. The amendment of the terms shall be uploaded on VIVA’s official website and Merchant shall check the website frequently. In case the Merchant does not agree with any amendment hereof, may terminate the lease agreement, in accordance with the provisions of term 7 above.

11. Applicable law

This Agreement is governed by Greek law. Any disputes that may arise in the context hereof are subject to the exclusive jurisdiction of the Athens courts.

12. Miscellaneous

  1. These terms and the Order Note issued upon lease request constitute the lease agreement.
  2. In case of contradictory provisions, the terms of the Order Note shall prevail being more specific.
  3. Should any term hereof be found to be invalid or unenforceable, the rest of the Agreement shall remain valid.
  4. All notice shall be made in writing to VIVA either to the address of the registered seat of VIVA mentioned under 1.1. above or by e-mail to the address possales@vivawallet.com.

TERMS & CONDITIONS FOR SPECIAL OFFER

20% LOWER FEES

VIVA PAYMENTS offers to Users who own business VIVA WALLET account (Professional Users) the facility to conclude transactions with cards through use of POS devices with commission decreased by 20% compared to the commissions of the Banks (hereinafter the “Offer”) under the following terms and conditions:
    1. Eligible Users: This Offer is valid for any individual in his capacity as a freelancer or with sole proprietorship of a business and for any legal entity, who shall be registered at electronic wallet VIVA WALLET (“VIVA WALLET”) as Professional User and who shall further activate a business account VIVA WALLET from 01.03.2017, in accordance with the terms and conditions provided for at the web page www.vivawallet.com, which has been approved by VIVA PAYMENTS by submitting to the latter a relevant request and copies of monthly bank accounts statements through which the transactions are settled by the Banks cooperating with the Professional User during the last year (hereinafter the “Bank Account Statement Copies”).
    2. Bank: A Credit Institution operating in Greece.
    3. Eligible Transactions: This Offer is valid exclusively for transactions concluded by Eligible Users under the following conditions, which must be cumulatively fulfilled:
      1. The Offer is provided in comparison to the commission fees (percentage per transaction and any fixed fee) as stated in the submitted Bank Account Statement Copies.
      2. The transactions shall be concluded upon physical presence of Eligible User’s clients and their cards (Card Present Transactions) by use of POS physical devices, which the User owns from «VIVA ONLINE SERVICES SA » either upon purchase or lease.
      3. The Offer is based on the submitted Bank Account Statement Copy of the Bank cooperating with the Eligible User that offers the lowest commission percentage per transaction for transactions with cards of the International Organizations Visa and MasterCard, issued by another Bank (different from the issuer of the Bank Account Statement Copy which offers the lowest commission). Provided that the submitted Bank Account Statement Copy that constitutes the base of calculation for the Offer includes a fixed fee to the Bank, the Offer will also be applicable in relation to the imposed fixed fee per transaction.
      4. The Offer, as per the commission percentage per transaction, shall not be lower than the amount of the interchange fee plus the fees of the International Organizations Visa and MasterCard (which may vary in the range of 0,1% – 0,4%) plus percentage of 0,4%.
    4. Offer application: Upon clearing of any transaction of any Eligible User, provided that the above conditions are met, VIVA PAYMENTS shall respectively charge a commission with discount as per the provisions of the Offer. With regard to the rest of the transactions (Card Not Present), VIVA PAYMENTS shall charge the Eligible User with the commission as set in the Pricelist in force without the Offer.
    5. Offer duration: The offer for each Eligible User is valid from the first (1st) or from the fifteenth (15th) day of the calendar month after the subscription date of the Eligible User and activation of its professional VIVA WALLET account (hereinafter “Offer Commencement Date”). The Offer’s duration for each Eligible User shall be equal to one year from the Offer Commencement Date and shall be automatically extended until the revocation of the Offer by VIVA PAYMENTS for any reason. After the lapse of the initial duration, VIVA PAYMENTS shall be entitled at any time to assess the amount of the yearly volume of the transactions concluded by the Eligible User and cleared with the use of Payment Services of VIVA PAYMENTS in relation to the estimated annual volume of transactions arising from the Bank Account Statement Copies and retain, amend or revoke the Offer accordingly.
    6. This Offer, as in force, may not be combined with any other special offer of VIVA PAYMENTS.
    7. Terms amendment: VIVA PAYMENTS reserves the right to amend the terms of the Offer or abolish the Offer at any time whatsoever, pursuant to the provisions of the Terms of Use of VIVA PAYMENTS, as may be found here. If, within the designated deadline, the Eligible User does not terminate in writing the cooperation agreement with VIVA PAYMENTS, it shall be deemed that the Eligible User accepts the amendment or the abolition of the Offer and the therefore shall be charged with the commission resulting by virtue of the amended term of the Offer or of the Pricelist as in force after the Offer’s abolition.

TERMS & CONDITIONS of “VIVA Wallet POS & Card” SERVICE

This Service is available to merchants and includes:

  • Charge of the account only by VIVA Company Debit and/ or VIVA Employee Debit Cards,
  • Credit of the account through card acquiring with zero acquiring fee.

Terms & Conditions:

1.1. Viva payments charges zero acquiring fee for card acquiring of VISA, Mastercard and Maestro cards of European Union citizens, with or without EFT/POS Card terminal and/ or card’s presence.

1.2. As prerequisite, the account shall be SOLELY and exclusively charged for payments through VIVA Company Debit Card and/ or VIVA Employee Debit Cards and not through transfer of any amount to any other credit or financial institution.

1.3. For the purposes of any settlement, the total amount of charges and credits is calculated from the date when the Service has been activated, ie 02/07/2018.

1.4. The Service requires VIVA WALLET payment account activation.

SECURITY AND DATA PROTECTION POLICY

VIVA Payments Services S.A., hereinafter “VIVA”, considers as its top priority the safety and protection of your personal data, irrespectively from the capacity with which you communicate or cooperate with us, for example as potential or current customers, employees, suppliers, professionals, individuals, consumers or cooperating third parties.

Your personal data includes any information that may lead, directly or combined with other information, to your identification or tracing as a natural person. Personal data include, indicatively, details such as name and surname, tax identification number, social security number, natural/electronic addresses, phone/mobile phone numbers, credit/debit/prepaid card numbers, e-mails, transactions’ data, telephone and electronic communications data, payments data, identification details of equipment or terminal appliances, as POS, PC, smartphone, tablet, browser history (log files, cookies etc.), as well as any other piece of information that may allow your identification, in accordance with the provisions of the General Data Protection Regulation (GDPR 2016/679), the applicable Greek laws and the decisions of the Hellenic Data Protection Authority (HDPA).

Please read this Security and Data Protection Policy of VIVA. By using our website and by signing a relevant consent form, whenever this is required, you unreservedly accept the practices described in this policy, whose terms will govern our contractual relationship and form part of the terms of use of each of our services.

1. Object

This Security and Personal Data Protection Policy aims to inform you on the terms of collection, processing and transfer of your personal data that we may collect as Data Controllers or Data Processors.

VIVA and its trained personnel apply the ten Processing Principles of the GDPR 2016/679 (lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability) in order to protect your eight Rights regarding the use of your Personal Data (information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on profiling, as specified in the Greek legislation). The above apply without any distinction and to all processing activities performed and to all services provided by the companies of the VIVA WALLET group.

2. Forms of personal data collection 

VIVA will always ask for your minimum, as stipulated by law, personal data, so that you are enabled to be provided with payment and electronic money services, to create payment accounts, to buy other products and services we offer or to participate in competitions and promotional activities. Such personal data may include, indicatively, name/user code, password, number, validity and expiration date of debit/credit/prepaid card, telephone number, e-mail, postal address for issuance or postage of invoice or receipt or details of your order.

VIVA keeps your personal data only for as long as imposed by the contractual terms of each service, in combination with the applicable financial, banking, tax, telecommunication and other laws, based each time on the respective processing purpose, while afterwards it anonymizes or destroys them.

3. Cases of personal data collection

VIVA collects your personal data in the following cases:

  • Upon the creation of your account when you fill out an application-form in our website to buy a product and/or a service and to check your age to identify whether you may lawfully contract with us or the consent/signature of your parents/guardians is required.
  • Upon your willful subscription to hard-copied or electronic lists so that you receive informative material or other marketing material in the form of prospectuses, electronically or by SMS or so that you renew your preferences or upon your participation in competitions, questionnaires and surveys.
  • Upon your communication with our offices or the personnel of our customer care department by the recording of the content of your calls and each communication with our call center, with your comments and preferences for purchases, the products you have searched for or your comments.
  • Upon your visit and browsing in our websites, where we collect with the appropriate means of data collection (e.g. cookies) information from your terminal device, such as IP address, operation system that you use, the type and version of your browser etc.
  • Upon the submission to us of documents, judicial documents, orders, reports, confiscation documents, judicial orders etc. by third parties such as supervisory, prosecution, judicial, tax authorities, financial organizations (e.g. banks, card issuance organizations), companies that provide information on your creditworthiness for your protection against fraud or money laundering or combat against financial and electronic crime.

4. Cookies Policy

Pursuant to the, subject to be replaced by a Regulation, Directive 2009/136/EC (E-privacy) of the EU, our website accepts the use of “cookies”. These are online tools for collection and analysis of information which come from social media platforms or cooperating platforms of third parties, used for counting website traffic, for improving the operation, the content and the overall design of our website and its adaptation to our customers’ needs.

By using our website, you agree (opt-in) with the processing of your personal data that are collected by the social media networks, or the search engines, such as Google Analytics, Facebook social plug-ins, Google+ etc., without any involvement, influence or control by VIVA, which are transferred either inside or outside the European Economic Area (28 EU member-states plus Iceland, Lichtenstein and Norway) and for which such third parties are exclusively responsible.

If you do not wish third parties, such as Google, Facebook, Twitter etc. to receive information from your web browser when you visit VIVA’s website, you may be excluded by making the appropriate choice, as provided in the relevant User Policy in the website of each third party.

Although most web browsers automatically accept the use of cookies, you may always change the options in your device by choosing not to accept cookies or by being asked to accept each cookie separately; however, you must be aware that this will probably limit the extent of available browsing functionalities in each website.


5. Processing principles  VIVA will use your information for the following lawful processing purposes, namely:
  • For the creation and keeping of your payments account.
  • For the completion of your requests, purchases and orders.
  • To answer on your applications and questions, indicatively for the provision of information on purchases, transactions, as well as information and answers to your suggestions regarding product and services improvements.
  • To announce you the results of surveys, lots and competitions to which you may have participated.
  • For ensuring quality and for training of our personnel purposes, in which case the telephone communications with our customers is usually recorded.
  • For website traffic analysis and the improvement of your experience and to provide you with information related to products, services, special offers and promotional activities.
  • For internal operations and analysis, such as internal management, prevention of fraud, use by information technology management, invoicing, accounting, billing and auditing systems.
In any case you are entitled to change at any time your preferences by contacting us or by using the deregistration link which is placed within every e-mail you receive by us. 6. Transfer to third parties When you use our website and you provide us with personal information, we operate as intermediaries and we dot not transfer nor share your information, nor even among the group companies or third parties, but only to the extent it is necessary for the completion of your order and to fulfil requests associated with our services or to propose ways of improving your overall experience within the framework of the services we provide. Such third parties may include, indicatively, commercial businesses, international payment services providers, international card schemes (e.g. debit, credit etc.), banking institutions etc. We choose reliable providers and we try to set contractual restrictions to third parties who receive your personal data to ensure that they use them in accordance with this policy and the applicable in Europe (GDPR 2016/679) and globally laws regarding data protection. Except that, we advise you to carefully read the personal data protection practices of any third-party providers/suppliers, whose products you buy via our websites. In addition, such third parties may contact you, if necessary, to receive additional information about a potential service, payment or transaction of yours. In order to process your data, we may need to transfer them in other countries, including countries that are basically inside and only exceptionally outside the European Economic Area (EEA) based on adequacy decisions by the EU, binding corporate rules, standardized contracts and approved codes of conduct. In any case, we take the appropriate technical and organizational measures to ensure that your personal information is transferred, stored and processed in accordance with the appropriate security standards and with the provisions of this policy and the applicable data protection laws. Finally, we may transfer or reveal your personal data to official, national or foreign, state and supervisory bodies (e.g. police, Bank of Greece, international tax authorities etc.) when we are asked to comply with the law and to prevent any unlawful actions (e.g. fraud, money laundering etc.) to our or our customers’ detriment. 7. Personal data security In VIVA, we have trained, and responsible personnel and we recognize the importance of protecting your privacy and all your personal information. For this purpose, we have in place proper security policies and we use the appropriate technical and operational tools, as anonymization, pseudonymization, data encryption, use of firewalls, setting of access rights, authorizations, training of personnel, periodic audits, compliance with international ISO security and business continuity standards, PCI for protection of data and payment cards etc. Any partner of us who has access to the above information uses them to exclusively serve the above purposes. We share the information you provide to us exclusively in the manners described in this Policy and in accordance with your explicit and special consent per type of processing, which you may at any time and freely withdraw by communicating with us. 8. Targeted advertising We may use personal data of yours together with other information we have collected with the assistance of our commercial department’s personnel, to show advertisements related to your obvious preferences in our website or in third parties’ website. However, we never automatically associate data of customers of different companies of the VIVA WALLET group regarding your consumer profile and your preferences with other personal information (such as your e-mail address) in order to show advertisements or to send you personalized offers based on profiling. In addition, we do not share your personal details with third parties so that they are enabled to send you relevant advertisements. If you wish us to stop sending you updates or offers, you may use the hyperlink for deregistration which is placed within the relevant e-mail you received from us. 9. Hyperlinks to websites of third parties VIVA’s websites may contain hyperlinks that lead to other websites of third, independent parties, as indicatively, commercial businesses, organizations etc. which operate and are maintained exclusively by them, and which we do not control, as previously stated. We carry no liability for the content, the actions or the policies of such websites. Please read carefully the corresponding personal data protection policies in the websites you visit, as they may have important differences from ours. 10. Non-requested commercial communication We do not allow the use of our website or of our services for the purpose of transfer, distribution or delivery of any mass or unwanted commercial e-mails (spam). Moreover, we do not allow the exchange of messages from and to our customers which use or contain non-valid or falsified titles, non-valid or non-existing domain names, message sender encryption techniques, false or misleading information or which violate the terms of use of each website. We do not allow in any way the collection of e-mails or of general information of our customers and subscribers, via our website or our services. We do not allow, and we do not authorize any attempt of use of our services in any way that could harm, deactivate, burden any part of our services or to hinder anyone who wishes to use our services. If we detect a non-authorized or improper use of any of our services, we may, without warning and upon our absolute discretion, take all appropriate measures to block messages by a specific web domain, an e-mail server or an IP address. We are entitled to immediately erase any account that uses our services and which we deem, at our absolute discretion, it transmits or is connected with the transmission of any messages that violate this policy. 11. Communication for questions or comments If you have questions or comments on this personal data protection policy or if you consider that we have not abided by the principles set herein, please contact us by e-mail at dpo@vivawallet.com or by post at: 18-20, Amaroussiou – Chalandriou street, P.C. 15125, Maroussi, Legal and Compliance Department 12. Validity of Personal Data Protection Policy   This Policy was published by VIVA on 23/05/2018 and is subject to periodic improvement and review. Any amendments to this Policy will apply on the collected information from the date on which the amended version will be published and on the existing information we keep. By using of the website after the publication of the amendments, you automatically accept such amendments.