Terms & Conditions


Terms & Conditions for the Issuance, Provision and Use of VIVA Personal Debit Card
 
These terms (hereinafter the ‘Terms’) govern the issuance, provision and use of Viva Personal Debit Card (hereinafter the ‘Card’). The Card is provided upon application of the customer (hereinafter “Cardholder”) by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou - Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece. 
The Card is linked to a payments account held by the CardHolder in its name with VIVA PAYMENTS (hereinafter “Linked Account”) and enables the Cardholder to perform, by making relevant charges in the Linked Account, cash withdrawals from Automated Teller Machines (ΑΤΜs) and transactions with Greek or/and foreign enterprises and organizations who bear the MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or without physical presence (hereinafter «Transactions»). 
 
  
1. Issuance and granting of the Card
 
    1. The Card is issued by VIVA PAYMENTS in personalized plastic. VIVA PAYMENTS is entitled to reject Cardholder’s request for the provision of the Card for reasons which will be notified to the Cardholder. The issuance of the Card requires the prior successful verification of the Linked Account.
    2. The Cardholder is entitled to request for each Linked Account of him only one (1) one Card. The Card is sent deactivated by mail to the postal address that the Cardholder declares in its Linked Account. VIVA PAYMENTS bears no liability for any failure of the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.
    3. As soon as the Card is received by the Cardholder, the latter must sign in the back side of the card and activate it electronically, via the management tool of the Linked Account, in accordance with the procedure set by VIVA PAYMENTS. Activation of the Card results to the acceptance of these Terms by the Cardholder. Such electronic acceptance substitutes Cardholder’s hand- written signature and is equally valid, and therefore the accepted Terms hereof serve as proof of the transaction itself and its results.
    4. The Cardholder acknowledges that the Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of value lower than Euro 25 (€25) and consents to obtain the Card with such feature.
2. Personal Identification Number (PIN) 
 
    1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic management tool of the Linked Account, in a special field, which only the Cardholder has exclusive access to, by using his personal passwords and authentication codes.
    2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any leakage.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card constitute gross negligence of the Cardholder.
    3. VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.
       
3. Use of the Card- Transaction Limits
 
    1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, who must use it diligently and in compliance with the applicable legislation, Card Scheme Regulations and these Terms of Use. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card.
    2. The use of the Card for any transactions requires on the both the existence of an active Linked Account whose operation has not been suspended for any reason whatsoever, and the existence of available balance in said Linked Account that is adequate for covering the transaction’s value plus any additional charges resulting from its completion.
    3. VIVA PAYMENTS has set, per type of transaction, Daily Transactions Limits, which are notified to the Cardholder through the management tool of the Linked Account and which the Cardholder must observe in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message sent in the management tool of the Linked Account, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).
4. Term of Card – Renewal - Suspension
 
    1. The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or even earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.
    2. The Cardholder may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the present terms.
    3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Cardholder for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.
       
       
5. Security - Non approved transactions
 
    1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.
    2. In the event of leakage of the Card details, or, provided that the Cardholder  becomes aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at  (+30) 2117604000 or at  13855 (local charge). Such notification serves as the Cardholder’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Cardholder is fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leak of its details; until such notification, the Cardholder shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder before the conclusion of the non- approved Transaction (unless Cardholder has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Cardholder.
    3. The Cardholder shall be liable without limitation for any damage, if he did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.
    4. Without prejudice to terms 5.2. and 5.3., Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund the Cardholder with Transaction’s value at the latest by the end of the next working day from the date of Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Cardholder’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.
    5. TIn case of loss or theft of the Card, a new Card shall be issued only upon request of the Cardholder. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.
6. Transactions  
 
    1. The Cardholder may use the Card in combination with the PIN to perform transactions with merchants and cash withdrawals from ATMs, provided that the above term 3 is observed.
    2. In case of a transaction with any merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After transaction’s conclusion, the Cardholder provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.
    3. In the event of use of the Card for the performance of transactions in foreign currency, the Cardholder will be burdened with the relevant conversion fee as mentioned in the pricing list of VIVA PAYMENTS as in force.
    4. VIVA PAYMENTS is in no way involved with the relationship between Cardholder and any contracting merchants and therefore bears no liability towards the Cardholder for actions or omissions of these merchants. Therefore, the Cardholder has no right to raise against VIVA PAYMENTS any allegation, objection or claim he may have against any third party in relation to transactions that were performed with the use of the Card and he will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.
7. Cardholder’s certification MasterCard® ID Check™
 
    1. Especially regarding online transactions and for the protection of the Cardholder from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.
    2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.
    3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.
    4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.
    5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.
    6. In case of suspicion or detection by the Cardholder that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder, constitutes gross negligence and therefore he shall be fully liable for all unauthorized transactions and he shall be obliged to pay their full value without any limitation whatsoever.
    7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.
    8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.
    9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Cardholder by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).
       
8. Term – Termination – Cancelation
 
    1. This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account. No matter how this agreement is terminated, in such event the Card will be canceled.
    2. The Cardholder has the right to terminate this agreement in writing at any time by returning the body of the Card to VIVA PAYMENTS. In any case, the already accrued and existing obligations of the Cardholder by the time of termination shall not be affected by the latter and shall survive it.
    3. VIVA PAYMENTS is entitled to terminate this agreement, even without material reason subject to a prior notification of two (2) months. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.
    4. All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.
    5. The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The authorization to VIVA PAYMENTS to manage the transactions performed, by the time of termination of the agreement or cancelation of the Card, with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.
    6. In any case, upon termination of this agreement for any reason whatsoever, the Card is deactivated, and its plastic body Card must be returned destroyed by the Cardholder to VIVA PAYMENTS.
9. Charges – Subscription
 
    1. The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Cardholder, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement. 
    2. Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Cardholders through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference.
    3. By accepting these Terms, the Cardholder accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Cardholder does not accept the fees, he may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.
10. Other Terms:
 
    1. The Cardholder shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time. The Cardholder acknowledges and accepts that the transactions of the Linked Account in general, including those performed with the use of the Card are recorded in the company and accounting books of VIVA PAYMENTS. Any information provided to the Cardholder regarding these transactions are taken from the company and accounting books of VIVA PAYMENTS and constitute true copy/extract of them and to that end, they serve as full proof of them, while counter proofing is allowed. In case the Cardholder questions any of the recorded transactions in the systems and books of VIVA PAYMENTS, the Cardholder must notify VIVA PAYMENTS as soon as he becomes aware of such transaction, by using the special electronic form of VIVA PAYMENTS or by sending a letter, making explicit reference to the reasons of questioning the transaction.
    2. For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as his location and movement data. The Cardholder provides his consent for the above recording and both parties acknowledge and accept that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place. The Cardholder also explicitly consents to the communication of this information and recordings to any judicial, regulatory and public authority that may ask for them within the framework of an official investigation. 
    3. VIVA PAYMENTS is entitled to set off any amounts owed by the Cardholder that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.
    4. VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Cardholder accordingly. If the Cardholder disagrees with the amendment, he may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Cardholder by means of personalized systemic communication in written form, sent via the management tool of the Linked Account at least two (2) months prior to the suggested date of application of the amendment. If the Cardholder does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of two (2) months, it shall be deemed that he consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.
    5. VIVA PAYMENTS is not liable for any damage incurred by the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behavior or gross negligence.
    6. The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.
11. Personal Data:
 
    1. The Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR. The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.
    2. The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Cardholder from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website. 
    3. VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms. Also, the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Businesses and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement. 
    4. If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, the services he asks for cannot be provided and this agreement shall be terminated at no cost for VIVA PAYMENTS.
    5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.
    6. VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.
    7. VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.
12. Notifications:
 
12.1. Any notification, application or communication by VIVA PAYMENTS to the Cardholder within the framework of the transactional relationship governed by the present Terms, will be made to the Cardholder with an electronic message in the management tool of the Linked Account or by e-mail. The Cardholder must notify VIVA PAYMENTS in writing and without undue delay regarding the change of his address and of his other personal details. Any notifications by the Cardholder to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Cardholder by phone at (+30)2117604000 or at 13855. The Cardholder is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.

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

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

15. Complaints Procedures and Alternative Dispute Resolution:
 
    1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.m independent third-party sources where such data have lawfully been published.
    2. Cardholder is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
    3. VIVA PAYMENTS shall endeavor to answer in writing or electronically to the Cardholder within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Cardholder stating the reasons for such delay and setting a deadline within which the Cardholder shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) working days from the complaint receipt.
    4. For dispute resolution between Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers' Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.

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