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 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.
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.
REDEMTION 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 Law 3862/2010 as effective.
VIVA PAYMENT INSTRUMENT: the payment instrument defined in 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 by Law 2251/1994, as in force from time to time.
REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction.
REFUND FROM USER: Any request made by any third party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction.
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: defined by 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 4a of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.
    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 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 service 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.
    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 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. 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.
    6. 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.
    7. 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 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.
      5. 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.
          2. credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.
        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.
      6. 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
      7. 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.