Terms & Conditions


VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, has been established and operates under the Greek law and is a duly licensed Electronic Money Institution, to operate in the European Economic Area (EEA-31 Region), pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof.

VIVA PAYMENTS offices address and the contact details (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’).
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.
With respect to the payment services provided throughout the European Economic Area, except for Greece, VIVA PAYMENTS has activated the Redemption Services and the payment and issuance services solely for Professional Users, as specified under term 6.1.b of the Special Terms for the Provision of Services to Professional Users, by excluding the services provided exclusively to Private Users and in accordance with the following terms which are applicable by analogy.
1. DEFINITIONS
 
For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed by means of VIVA WALLET and/or other VIVA Payment’s Payment Instruments in the framework of which the VIVA WALLET Balance of the User 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 by means of VIVA WALLET and/or other VIVA Payment’s Payment Instruments in the framework of which the User pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to the User’s VIVA WALLET’s Available Balance, 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 of an amount equal to the monetary value paid to VIVA PAYMENTS for this purpose, and its storage to VIVA WALLET, which credits the Balance accordingly.
REDEMPTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money stored in the Available Balance of VIVA WALLET, to collect the respective amount and decrease the Available Balance accordingly.
BLOCKED AMOUNT: Any electronic money amount and the equivalent monetary value which is being frozen/ 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 access or use until it is unfrozen.
BLOCKED TRANSACTION: A transaction for which the corresponding amount is not credited and/or the beneficiary of such amount is not entitled to receive or claim that amount due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any Financial Organizations 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 pending completion.
USER: Any natural person or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms.
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, which, in addition to 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 loaded to VIVA WALLET, 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.
VIVA WALLET: The electronic wallet opened and kept by a User with VIVA PAYMENTS, which is credited and debited, accordingly, with the monetary equivalent of the electronic money circulated in the framework of the Transactions carried out by the User through the Services and which provides the User with the possibility to manage the electronic money issuing and payment Services provided by VIVA PAYMENTS as well as the services provided by any undertakings or third party associated with VIVA PAYMENTS or not.
PAYMENT INSTRUMENT: As defined in Directive 2007/64/EC (adopted in Greece by virtue of Law 3862/2010 as effective).
VIVA PAYMENT INSTRUMENT: the payment instrument defined in Directive 2007/64/EC (adopted in Greece by virtue of Law 3862/2010 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 WALLET prepaid 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 in Directive 2011/83/EU (adopted in Greece by virtue of  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: defined in Directive for the protection of personal data 95/46/EC and any other respective directive or regulation to be effected (adopted in Greece by virtue of Law 2472/1997, as effective).
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.
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 and distributed by VIVA Representative, in the context of FREEPOS Service (detailed terms here), 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.
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 Services are addressed and provided only to persons aged over 18 years old having the capacity to perform legal acts
    2. The successful completion of the signing up procedure and of the opening of a VIVA WALLET 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 are differentiated according to the value and categories of Transactions that the User wishes to conclude.
    3. Prerequisites and terms of Signing up
      1. 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.
      2. 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 to perform legal acts is prerequisite for signing up:
      3. Any User shall initially register the following data:
        1. Valid and active email address which has been legitimately assigned to the User,
        2. mobile telephone number to which the User is the subscriber or the legitimate holder/user,
        3. the unique password to access VIVA WALLET which will be created bythe User following the systemic guidance of VIVA PAYMENTS.
      4. Regarding the email address registered, the User:
        1. Warrants that he is the legal beneficiary and user of this email address;
        2. 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.
      5. Regarding the mobile telephone number registered, the User:
        1. Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection
        2. Warrants that this number is identified in its name as the subscriber or legal user.
      6. Regarding the password, the User must:
        1. keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,
        2. change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.
        3. Never and for no reason to use VIVA WALLET 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 password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET 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 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 by means of VIVA WALLET, 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 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 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. 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.
    2. These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:
      1. the kind of User and/ or
      2. the kind of Transactions the User concludes and/ or
      3. the amount of the transactions that the User concludes.
    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. 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.
    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.
    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.
    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.
    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 he beginning as such at VIVA PAYMENTS.
5. CHARGES – BALANCES – DATES
 
    1. CHARGES
      1. The charges of VIVA PAYMENTS Services, as provided from time to time, are published here.
      2. Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.
      3. VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.
      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. 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, 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 its VIVA WALLET as well as for the debit and collection of the amounts due by means of any VIVA Payment Instrument connected thereto. Any VIVA PAYMENTS due charges debited to VIVA WALLET, 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.
      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 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 also into account the compliance obligations of VIVA PAYMENTS as a E Money Institution supervised as per its operation by the Bank of Greece as part of the Financial System.
    2. BALANCES
      1. The Balance of the User’s VIVA WALLET is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.
      2. The Balance of the User’s VIVA WALLET in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.
      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.
      4. In the event that the Available Balance of VIVA WALLET is not adequate with respect to a debit order, such order is not executed and remains Pending Transaction.
    3. DATES
      1. Any debit of VIVA WALLET is executed immediately and as soon as the User provides the respective order. The corresponding Transaction is concluded in the same day or within the next working day to the extent that it depends on VIVA PAYMENTS exclusively and no further deadlines are required by any third party payment services or other supportive services provider is required for the conclusion of the Transaction.
      2. VIVA WALLET is credited at the closing of each business day with the price of the Collection Transactions which was collected within the previous day.
      3. Any credits of VIVA WALLET regarding Loading Transactions are made in ‘real time’ to the extent that it depends exclusively on VIVA PAYMENTS and no further deadlines are required by any third party payment services or other supportive services provider is required for the conclusion of the Transaction.
    4. AMOUNTS BLOCKING
      VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET and not to include it in the Available Balance in the event that:
      1. non cleared Debits of VIVA WALLET or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;
      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;
      3. it corresponds to a Transaction which is under the status of Blocked Transaction.
      4. User’s Verification-Identification procedure according to article 4 above is pending and not complete.
    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. 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.
    2. Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 9 of Directive 2011/83/EU and article 4a of Greek L.2251/1994 accordingly. 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.
    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.
    4. 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).
7. INFORMATION – NOTIFICATIONS
 
    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.
    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.
    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.
    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.
    5. VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.
    6. VIVA PAYMENTS may provide to Users information required for the corroboration of credits and debits of VIVA WALLET and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.
    7. Specifically, VIVA PAYMENTS must provide to the Users at least the following information:
      1. The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.
      2. the amount of a Transaction at the currency that it is debited to VIVA WALLET.
      3. The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.
      4. The potential exchange rate used for the transaction and the respective amount before its exchange.
      5. The value date for the credit of VIVA WALLET.
    8. This information is notified to the User by VIVA PAYMENTS collectively to the extent that they apply to its Transactions, updated at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store itat a durable medium.
    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.
    10. Further to any obligations undertaken by the User in the framework of the Identification and Verification 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 systemically, within the day following their conclusion at the latest.
    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.
8. PERSONAL DATA - CONFIDENTIALITY
 
    1. Users give their consent to the keeping and processing of a personal data record by VIVA PAYMENTS, according to the provisions of European legislation applicable to the protection of personal data and of the respective Greek Law 2472/1997, as effective. VIVA PAYMENTS is the Data Controller of the file kept.
    2. The data regarding Users are collected by means of the information provided by the Users, as well as by independent third party sources, where such data has been published.
    3. The data and information collected is processed for the purpose of providing the Services requested by Users. Users shall have a right to access and object regarding their personal data kept by VIVA PAYMENTS, according to the applicable legislation. 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 as required for the provision of the Services. Additionally, it 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 accepting the terms herein provide their consent for such transfer and interconnection. VIVA PAYMENTS reserves the right to proceed to further notifications and request for the provision of consent if it is considered as required and in any event it will proceed to the required notifications and licensing by the competent authorities.
    5. Refusal to provide by the User of its consent regarding the required collection, processing and transfer of the data or the interconnection of files may result into 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 or the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.
    6. The Users consent to the disclosure of their data (e.g. subscriber or user data, location data) 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 and judicial authorities in the framework of prevention, investigation and suppression of criminal acts.
    7. 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 ofthe VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided. The access and management of this data by the respective User is made according to the provisions for the protection of personal data.
    8. VIVA PAYMENTS may use cookies, which are technically required for the provision of the Services. 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.
    9. In the event that further to the modification to the nature of the cookies VIVA PAYMENTS uses in such a way their use requires the notification to and consent of User regarding their installation, VIVA PAYMENTS shall duly inform Users before undertaking any further action, in order to obtain their consent for the installation of the files in question.
    10. VIVA PAYMENTS applies a privacy police regarding the information collected and process as well as a security policy regarding the transactions made in the framework of the provision of Services. It is recommended to the Users to be informed with respect to the Privacy and Security Policies applied by VIVA PAYMENT here. VIVA PAYMENTS does not provide any payments certification under certification protocol 3D- Secure.
    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, whereas Users provide their explicit and unreserved consent in this respect.
    12. VIVA PAYMENTS may proceed to the recording of the content of its communications with the Users for the purposes of the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation mainly regarding the notification and termination of the recording. The Users accept the recording and undertake to inform all their agents regarding the possibility of recording their communications, in addition to any information procedures as per the initiation and termination of the recording of a communication applied by VIVA PAYMENTS in compliance to the applicable legislation.
9. RESOLUTION OF DISPUTES – APPLICABLE LAW
 
    1. This contract shall be governed by and interpreted in accordance by virtue of the laws of Greece. The parties agree that they will make all possible effort to amicably settle any dispute that may arise.
    2. Users have the right to lodge a complaint before the General Secretariat for the Consumer, regarding the breach of the provisions of titles III and IV, Part One, of L. 3862/2010 under the reservation of the competence of the specific authority on dispute resolution.
    3. According to the provisions of Law 3862/2010 the Hellenic Consumers’ Ombudsman, the Hellenic Ombudsman for Banking-Investment Services and the Committees for Amicable Settlement provided for in Article 11 of Law 2251/1994 constitute the competent authorities for the settlement of any disputes arising between Users and VIVA PAYMENTS. To the extent that Users do not act under the capacity of a consumer in the framework of this agreement, should they wish to proceed to the amicable settlement of a potential dispute, it is recommended to consult the aforementioned authorities in advance with regard to their jurisdiction, as the case may be. In the case of cross-border disputes, the existing bodies of each Member State shall cooperate actively in resolving them.
    4. In addition to the aforementioned, any of the Parties has the right to submit any dispute arising in the framework of the present agreement to mediation procedures of Directive 2008/52/EU (adopted in Greece by virtue of L. 3898/2010), as a means of alternative dispute resolution, prior to any recourse before the competent Courts or competent authorities.
    5. 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. This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms.
    2. In the case of termination hereof, as provided below in this article, the termination is made in writing and is notified by electronic means with a prof of receipt. The results of the termination are effected after the lapse of the minimum time period of prior notification required as provided herein or any remedy period, if such has been set, which count from the date of the successful dispatch of the termination notice and without any further notification being required.
    3. The User or VIVA PAYMENTS has the right to terminate the present agreement for convenience, 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.
    4. 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 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:
      1. The party terminating the agreement has the right to set a remedy period at is sole discretion.
      2. The results of the termination are effected according to article 10.2 above.
    5. Moreover, VIVA PAYMENTS has the right to terminate this agreement with an immediate effect, without any prior notification being required, in case of infringement by the User of the Rules of the International Payment Card Organizations or for material reason or due to deceptive or unlawful activity of the User, as indicated by VIVA PAYMENT or by the International Payment Card Organizations or by any organization of the financial system involved in the process of settlement of Collection Transactions. In such an event, VIVA PAYMENTS has the right to set a remedy period at is sole discretion and the results of the termination are effected according to article 10.2 above. 
    6. As a result of the termination:
      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.
      2. The operation of VIVA WALLET is permanently suspended with the exception of Redemption Transactions of the Available Balance, whereas, upon complete redemption thereof, it is closed permanently.
      3. The User is not entitled to use the Services. User’s access to its VIVA WALLET as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.
      4. The User
        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.
        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.
        3. Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)
        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.
      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.
    7. 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 for a period over twelve (12) months, VIVA PAYMENTS reserves the right to permanently deactivate VIVA WALLET 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, burdening the User with the relevant costs, fees and taxes.
    8. In the event that the results of the termination are implemented, the User’s VIVA WALLET 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 as well as through User’s VIVA WALLET (User’s Profile), including a relevant indication stating that the Terms have been amended.
    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. 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.
    2. VIVA PAYMENTS is entitled, to charge Users VIVA WALLET 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.
    3. In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET 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.
    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 Directive 2013/36/EU and the respective Article 9 of Greek 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.
    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.
    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. VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET, 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 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 the intermediate financial institutions and institutions involved in the procedure of completion and clearance of the transactions of the User,
    2. VIVA PAYMENTS in such a case notifies the Use by means of its VIVA WALLET 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.
    3. Additional suspension cases are set out in Term 10 TERM AND TERMINATION
    4. In case VIVA WALLET 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, 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 here.  
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. Issuance Services
      1. VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.
      2. Users may carry out Loading Transactions and store at their VIVA WALLET electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.
      3. Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:
        1. deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)
        2. charging the Verified Payment Card, following a specific process indicated systemically,
        3. payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).
        4. charging a Payment Card, in the context of FREEPOS Service (for Service’s terms see here)
      4. As a result of a successful Loading Transaction, VIVA WALLET 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.
    2. Redemption Services
      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.
      2. Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:
        1. deposit of the requested sum by VIVA PAYMENTS to the Bank Account notified kept in Greece or in any European Country in case of Professional User activating in European Country except for Greece.
        2. credit of the requested sum by VIVA PAYMENTS to a Payment Card notified, with regard to Users activating in Greece.
      3. As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET 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.
      4. Cost of Issuance and Cashing Services
        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.
        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
      5. 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 and/or by e-mail
2. PAYMENT SERVICES
 
    1. The Payment Services provided by VIVA PAYMENTS include Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.
      1. Collection Services constitute
        1. the collection by the User 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 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,
        2. transfer of electronic money from aVIVA WALLET to another.
      2. Regarding Payment Transactions
        1. these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET and the Payment Instruments connected thereo.
        2. the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET and the respective decrease of the Available Balande of VIVA WALLET with the equivalent of the amount corresponding to of each payment, burdened with any potential Transaction costs.
        3. Their completion requires a sufficient Available Balance at the time of execution of the Transaction.
      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.
3. TRANSACTION LIMITS
 
    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.
    2. Any Transaction request by the User which could result in exceeding any limit applicable is rejected.
4. DISPUTE - REPEAL
 
    1. All Users must use VIVA WALLET 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, 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.
    2. In order to provide any remedy to the User, under the latter’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction –the respective User must have immediately informed VIVA PAYMENTS as soon as they become aware of the unauthorized or erroneously Transaction performed and within 13 months from debit date 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.
    3. VIVA PAYMENTS is obliged to justify that the Transaction has been authenticated, that it has been adequately recorded and registered and that it has not been affected by technical error or malfunction.
    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.
    5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, VIVA PAYMENTS must return to the User the amount that the latter has paid using VIVA Payment Instruments, in the context of the non-approved Payment Transaction, by crediting to VIVA WALLET with the equivalent of the monetary value paid in electronic money.
    6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions
      1. up to a maximum amount of one hundred and fifty (150) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments
      2. 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.
    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, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.
    8. Depending on the type of Transaction and the User’s capacity, it may be possible to revoke an order to perform a Transaction. Users are informed systemically regarding this procedure and the requisites for its implementation during the execution of Transactions.
    9. 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.
    10. The User is not entitled to repeal a payment order if such has been received by the payer’s payment service provider. Respectively, if a payment is initiated by the beneficiary or via the beneficiary, the User is not entitled to repeal such payment order after its transmission of the payment order or its confirmation for the conclusion of the payment to the beneficiary.
    11. As an exception of the provisions of the Term 4.10 in the event of a direct debit and subject to the right for refund, a payer may repeal a payment order until the end of the business day previous to the one agreed for the debit of the respective amount, while if a specific day or event has been agreed between the payer and its payment service provider for the initiation of the execution of the payment order the User may repeal it until the end of the business day prior to the one agreed as day of execution.
    12. After the lapse of the aforementioned deadlines, the payment order may be repealed only by means of agreement between the payer and the respective payment service provider in the event of the Term 4.10 sect. a while in the event of Terms 4.10 sect. b and 4.11 the agreement of the beneficiary is also required. VIVA PAYMENTS may apply charges in the event of repeal.
5. REFUNDS
 
    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 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.
    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.
    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:
      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.
      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 is decreased respectively.
    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 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. 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.
    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.
    7. The 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, (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.
    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.
    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.
    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 with the equivalent of the amount due in electronic money.
    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.
    12. In the event that the payment order is initiated by or through the beneficiary, the beneficiary’s payment services provider, including VIVA PAYMENTS when acting under this capacity, 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.
    13. Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.

6. SPECIAL TERMS FOR THE PROVISION OF SERVICES TO PROFESSIONAL USERS
 
    1. a) With respect to Professional Users 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 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.
      b) With respect to Professional Users activating in countries of the European Economic Area, except for Greece, VIVA PAYMENTS provides, further to the aforementioned Redemption Services, payment and issuance services for the completion of Collection Services exclusively with the ways and means described under terms 6.3.1 and 6.3.2 below and in accordance with the other applicable by analogy present terms.
    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 with the equivalent in electronic money of the monetary value of the payment made each time cleared as per the potential Transaction costs applied.
    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:
      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,
      2. Using third party Payment Instruments which are accepted by VIVA PAYMENTS, such as Payment Cards issued by third parties (e.g. VISA, MASTERCARD, ΑΜΕΧ)
      3. Using cash in any of the VIVA SPOTS (‘Pay@VivaSpot or VIVA PAYMENTS representative (‘Pay@Home’)
      4. Via Bank institutions participating in DIAS DEBIT service supporting payments at the desk, Internet Banking, Phone Banking.
    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.
    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. 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.
    7. With respect to acceptance of Payment Cards:
      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 environment of VIVA WALLET.
      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.
      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.
      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.
    8. Professional User operating in Greece according to the provisions of L. Ν. 2472/97, 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.
    9. Professional User by virtue of this agreement provides VIVA PAYMENTS its consent in order for VIVA PAYMENTS and the organizations of the financial system who directly cooperate with the later and intermediate for the provision of the services provided in the Terms, 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.
    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. Professional Users, apart from the general obligations undertaken pursuant to the Terms, undertake also the following:
      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 or by any other electronic means
      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.
      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.
      4. Not to accept Payment Cards as a means for cash withdrawal.
      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.
      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. 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.
      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.
      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).
    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.
    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.
    4. Professional User must refrain from the following actions in the framework of its cooperation with VIVA PAYMENTS:
      1. Acceptance of Payment Cards which have already been declared as lost or stolen.
      2. Execution any transaction (e.g. of actual or fraudulent) without the authorization of the Holder.
      3. Breach of the terms any cooperation agreement between the Professional User and the legal entity providing Card acquiring services including VIVA PAYMENTS,
      4. Facilitation or cause the interception and/ or leakage of date related to Cards or Transactions.
      5. Actions that may constitute Money Laundering according to the applicable legislation.
      6. Modification of any amounts related to the Transactions at the debit slips issued during the transactions.
      7. Self financing by means of creating fraudulent transactions.
      8. "Splitting" of any transaction to several transactions.
      9. Provision of inaccurate data and information to VIVA PAYMENTS and or its agents
      10. Execution of transactions justified by means of a fraudulent approval.
      11. Excessive number of chargebacks/ disputed Transactions
    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:
      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.
      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.
      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
      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 the 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. 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
    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.
    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:
      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.
      2. The products were returned due to withdrawal.
      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.
      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.
      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.
    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 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.
    5. The parties acknowledge and agree that the official accounting records and any recording made in VIVA WALLET 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.
    6. If the Professional User uses 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.  
      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.
      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 the Final Guidelines on the security of internet payments of European Banking Authority EBA/ GL/2014/11 adopted by the Bank of Greece’s Executory Committee’s Act 59/18.01.2016 shall be considered as strong authentication of customers.
    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. 
    3. Professional User acknowledge and accept that according to the Directive 2011/83/EU (adopted in Greece pursuant 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.
    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.
    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.
    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. 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.
    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.
    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.
    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
    5. It is explicitly stated that any Cards’ trademarks are the exclusive property of the international organizations (Mastercard International or Visa International or Diners International or American Express etc.) and/or the respective issuing Institution 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. 1.   Casinos and betting companies operating without license or supervision, including online betting companies.
  2. 2.   Virtual Banks and Financial Services providers not legally licensed
  3. 3.   Natural Persons or legal entities who provides pawn broker services


Unacceptable categories of unacceptable products / product services Examples
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 his/ her 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.