Terms & Conditions


Terms for the Issuance, Provision and Use of the of VIVA WALLET Prepaid MasterCard
 
These terms (hereinafter the ‘Terms’) govern the provision and use of the prepaid card for the performance of transactions named Viva Wallet Prepaid Mastercard (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENTS S.A. (hereinafter ‘VIVA PAYMENTS’) with Tax Identification Number 997671771/ Athens Tax Office for S.A. Companies, which has been established, operates and is governed by the laws of Greece as a licensed Electronic Money Institution according to the provisions of L. 4021/2011 and is supervised by the Bank of Greece. The address and the contact details of VIVA PAYMENTS are published on the site www.vivawallet.com.
As and Electronic Money Institution VIVA PAYMENTS issues electronic money and provides payment services related to electronic money issuing, use and redeemability.
The submission of a request for the issuance and use of the Card and the termination of this agreement, as well as the procedure to redeem the electronic money kept by VIVA WALLET, to which the Card is connected, is governed by these Terms which constitute the agreement between the VIVA PAYMENTS and the client (hereinafter the ‘User’) for that purpose and regulated the mutual rights and obligations. This agreement is construed in Greek or English language. The communication with the User may be concluded in Greek or English.
It is noted that the Terms for the Use of VIVA WALLET which are published at www.vivawallet.com which you have accepted during the procedure for the opening of the VIVA WALLET also apply complementarily. Words or phrases which are used in the present the first letter with capitalized have the meaning attributed to them in these terms, unless otherwise defined in the present.
1. Description
 
The Card bears the following details: the number of the Card, date of expiry and code number CVV. The User using the Card may execute payments in cash in the framework of transactions performed by distance or in the presence of the parties, which payments are made by means of virtual or physical point of sale/ cart acceptance terminal of the businesses or other organizations who cooperate with MasterCard Worldwide and bears the trademark MasterCard (hereinafter ‘Transactions’). VIVA PAYMENTS issues and provides the Card in compliance with the regulations, licenses and approvals of the international Group MasterCard Worldwide. The Card as a means of payment, including the services provided with its usage and regardless of its incorporation on a physical means of payment or not, is ownership of VIVA PAYMENTS.
2. Conditions and Procedure for the provision of the Card
 
    1. The Card is a VIVA Means of Payment exclusively interconnected with the corresponding payment account VIVA WALLET (hereinafter ‘VIVA WALLET’). Use of the Card requires the prior registration and activation of a VIVA WALLET account by the User and maintaining its active status. Any inability or failure to register and activate VIVA WALLET or its deactivation, cancellation or cease or repeal of its operation in any way whatsoever will have as a consequence to put the card, ipso jure, at a status equivalent to one of VIVA WALLET and therefore the inability to be used. Each VIVA WALLET account holder may issue and connect with this account only one Card. A request of the User for the issuance of a second Card required the expiry or the invalidation of the previous one. The electronic money and the monetary equivalent which is kept in VIVA WALLET is non interest bearing.
    2. Further to the aforementioned prerequisite, the use of the Card for the performance of Payment Transactions is contingent upon Available Balance adequate for the conclusion of the specific transaction.
    3. The Card is issued and provided to the User in the following form of no name Plastic. The User applies for the Card through the website www.vivawallet.com  and under the condition of electronic acceptance of the present Terms the current version of which is published on the website www.vivawallet.com. That electronic acceptance substitutes for and stands for the handwritten signature of the User and the present transaction is considered and agreed as the written proof of its conclusion and effects (contract execution). VIVA PAYMENTS reserves the right to reject the User’s request for the provision of the Card for reasons which will be immediately notified.
    4. Upon successful conclusion of the aforementioned procedure VIVA PAYMENTS proceeds to the issuance of the Card. The further use of the Card requires its activation and the charging of The VIVA WALLET according to the procedure provided under § 3 herein below. Card's activation shall take place only upon completion of User's Verification- Identification procedure according to VIVA WALLET Terms of Use as uploaded on the website www.vivawallet.com.
    5. The currency of the Card is euro.
    6. In the event of Plastic Card, the Card is sent to the address of the User within approximately fourteen (14) days for the date of the approval by VIVA PAYMENTS of the request for approval for its issuance. As the card is non personalized (no name plastic) the PIN Code  is sent with the card by post and its activation is made according to the instructions provide systemically via VIVA WALLET.
      VIVA PAYMENTS will never ask to disclose the PIN of your Card for any reason whatsoever. We draw your attention not to disclose your PIN to any third party.
3. Terms of Use of the Card
 
    1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card is assigned exclusively to the User, who is obliged to use it diligently and in compliance with the applicable legislation and the present Terms. The User does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid its non authorized use. The use of the Card requires its activation and the codes PIN and CVV as applies according to the required means of its use.
    2. The effective term of the Card expires ispo jure on the date of expiry referred in the details of the Card. After the lapse of that date in order for that means of payment to be eligible for use, the issuance of a new Card is required; that Card will be connected with and activated to VIVA WALLET. The new Card is issued further to the new relevant application of the Use forwarded via www.vivawallet.com .
    3. The available balance for the performance of Payment Transactions using the Card is equal to the Available Balance of VIVA WALLET. Since the Card functions as a VIVA Means of Payment interconnected with VIVA WALLET, the transactions performed by means of the Card affects the Available Balance accordingly. Increase of the Available Balance requires charging of the VIVA WALLET as provided in the site www.vivawallet.com. For the conclusion of transactions by means of the Card, the transactions limits set by VIVA PAYMENTS regarding the conclusion of transactions by means of VIVA WALLET as they are published at www.vivawallet.com. VIVA PAYMENTS reserves the right to amend anytime these limits and/ or to differentiate the limits applicable to the Card from the limits applicable to VIVA WALLET in general or to any other VIVA Means of Payment.
    4. The User provides to VIVA PAYEMENTS the irrevocable mandate and authorization to pay on behalf of the User the amounts for the Payment Transactions, including the relevant expenses and transaction costs, and debit the Card and VIVA WALLET with the corresponding amounts, reducing the Available Balance of VIVA WALLET accordingly. Additionally the User accepts that the return of any amount approved from VIVA PAYMENTS to the User in the framework of this agreement will be realized by means of credit of VIVA WALLET to which the Card is connected with the amount of electronic money equivalent to the relevant monetary value.
    5. The User is informed with respect to the transactions concluded by means of the Card, the relevant charges and the current Available Balance of the VIVA WALLET via the personalized and authenticated electronic access to www.vivawallet.com and/ or VIVA WALLET mobile app, as well as by any other means made available and announced by VIVA PAYMENTS. The User recognizes and accepts that the transactions movements made in VIVA WALLET in general, including those performed by means of the Card are recorded with the commercial and accounting books of VIVA PAYMENTS. Any relevant information of the User regarding these transactions is extracted from these commercial and accounting books of VIVA PAYMENTS and constitutes an accurate copy/ abstract from these books and they serve as a complete proof of the transactions, of the amounts owed and the balances deriving from charges and payments, evidence in rebuttal not prohibited. In the event that the User challenges any of the transactions recorded in the systems and the books of VIVA PAYMENTS, the User must notify VIVA PAYMENTS in writing immediately upon being aware of the transaction, by means lf the special electronic form of VIVA PAYMENTS or addressing a letter specifically referred on this issue, referring at the same time the reason for challenging the transaction.
    6. The User should keep the Card (provided that it has been issued in Plastic), the details of the Card and the passwords for personalized log in and access at VIVA WALLET and to ensure the non compromise of this information to any third party. In the event of compromise of the Card details, the User must notify it to VIVA PAYMENST immediately, by phone or by any other appropriate means and also in writing. Such notification, constitutes also the User’s application, explicit or implied as the case may be, for the invalidation of the Card for this reason, which application cannot be repealed. VIVA PAYMENTS undertake the responsibility to secure that upon notification the Card will be immediately invalidated and no transactions can be made by means of that Card. Upon invalidation VIVA PAYMENTS becomes liable for any transactions potentially concluded with the use of that Card. Failure to notify VIVA PAYMENTS constitutes gross negligence of the User, unless such failure is due to an evidenced force majeure event.
    7. Invalidation of the Card does not affect the Available Balance of VIVA WALLET of the User connected with that Card. Such Available Balance remains available for use or redemption as provided at the general terms governing the operation and use of VIVA WALLET and the website www.vivawallet.com. The replacement of the invalidated Card for that reason requires the issuance of a new Card.
4. Security
 
    1. The User should use the Card in compliance to all the terms that governs its issuance and use and to notify in writing VIVA PAYMENTS at support@vivawallet.com or by phone at the number +30 211 7700000 or the short code 13855 immediately as soon as becomes aware any unauthorized access or/ and use of the Card as well as any potential loss, theft, or fraud of the same or its authentication details related to its access and use.
    2. As a condition for the provision of any kind of compensation to the User of the Card, the respective User must have notified VIVA PAYMENTS immediately as soon as he becomes aware of any non approved or wrongfully concluded transaction by means of the Card and within thirteen (13) months from the date of its charge.
    3. In the event that the User denies that he has approved a concluded Transaction or claims that this transaction has not been concluded properly, he shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.
    4. VIVA PAYMENTS must ground that the validity of the Transaction has been verified and that it has been registered an recorded adequately and that it has not been influenced by any technical fraud of malfunction.
    5. At any stage of the execution of a Transaction VIVA PAYMENTS reserves the right to request from the User data and information which at its judgment are required for the justification of the of a Transaction.
    6. Under the condition that the User has notified promptly VIVA PAYMENTS, VIVA PAYMENTS must use to the User the amount that he had paid, charging the Card, in the framework of a non authorized Transaction by means of credit to VIVA WALLET with the amount of electronic money equivalent to the respective monetary value.
    7. By exception, the User shall be held liable with regard to non-authorized Transactions:
      1. up to a maximum amount of one hundred and fifty (150) euro, with regard to damage deriving from lost, stolen or embezzled Card,
      2. for the total damage related to the non-authorized payment act, in so far as such damage is due to the fact that the User has acted fraudulently or in breach of term 4.2, above intentionally or with gross negligence.
    8. The financial consequences arising from the use of stolen or embezzled VIVA Payment Instruments or from the non-authorized use of VIVA WALLET shall not be borne by Users, in so far as they have notified the VIVA PAYMENTS as set out hereinabove, unless they have acted fraudulently.
    9. In case of loss or theft of the Card, the issuance of a new Card takes place only upon User's request and according to the appliance price policy of VIVA PAYMENTS each time is notified and published at www.vivawallet.com an this link and incorporated herein as well as by any other appropriate means.
5. Redeemability
 
    1. The User reserves the right to request to redeem part or all of the electronic money kept with the VIVA WALLET which is connected to the Card under the condition of prior identification of the User according to the Procedure of Verification and Identification by means of execution a Redeem Transaction.
    2. The receipt of the redeemed amount in the framework of a Redeem Transaction is realized:
      1. By means of a deposit by VIVA PAYMENTS of the requested amount in the Verified Bank Account.
      2. by means of credit of the requested amount at a Verified Payment Card by VIVA PAYMENTS (credit cards only).

      As a result of the successful conclusion of a Redeem Transaction the Available Balance of the User’s VIVA WALLET and of the Card respectively is decrease for an amount equal to the monerary value which was redeemed and of the relevant expenses that burdened the Transaction and any other transaction required for its conclusion.
    3. For compliance purposes with the applicable legislation VIVA PAYMENTS is entitled and required t apply verification and authentication procedures of the User Identity as a prerequisite for the conclusion of the Redeem Transaction. The User declares that he consents to the procedure for the check of his identity by VIVA PAYMENTS in the framework of the Redeem Transaction.
    4. No minimum amount for the Redeem Transaction is set. In any event though the User should estimate and secure that the adequate Available balance exist to cover the fees that burden the specific Redeem Transaction as stated under term 5 below.
6. Term – Termination – Invalidation
 
    1. This Card agreement is made for an indefinite term. The effective term of the Card though which is provided in the framework of this agreement is a) the expiry date is mentioned on the Card (in the event of Plastic Card) - or b) the expiry date is notified right after the issuance of the Card (in the event of Virtual Card).
    2. The User has the right to terminate this agreement in writing with a prior notification of one (1) month. In the event that a material reason exists or the in the event that the User does not accept the amendment of the Terms realized by VIVA PAYMENTS according to these Terms, the User may terminate the present agreement without any notification period. In any event the obligations of the User that have already been born are not influenced and survive termination.
    3. VIVA PAYMENTS has the right to proceed to the termination of the present providing a two (2) month prior notice. The notice is addressed in writing systemically via VIVA WALLET and/ or the communication data which have been notified in the framework of its opening.
    4. All present Terms are agreed material. VIVA PAYMENTS may terminate unilaterally and without any prior notification period required the Card agreement proceeding to its immediate invalidation in the event that the User breaches the applicable legislation and/ or of the Terms, as well as for any other reason which is related to VIVA PAYMENTS and may reasonable justify the termination.
    5. The User may anytime, with its request which is transmitted via the channels of www.vivawallet.com , to proceed to the invalidation of his Card. In the event that the User, within one (1) month from the invalidation of his Card has not proceeded to the request for the issuance of of a new Card the present agreement is terminated ipso jure as soon as this deadline lapses.
    6. The Use of the Card after the invalidation or termination is forbidden and constitutes a criminal act. The rights of VIVA PAYMENTS to manage the use of the Card and related transactions (e.g. charging of fees, charged due to disputed transactions) and of the connected VIVA WALLET and any mandate and authorization to proceed to the relevant charges and credits of VIVA WALLET survives invalidation of the Card or/ and termination of the agreement and remain valid.
    7. After the invalidation of the Card and/ or the termination of the present the Card is inactivated and the Plastic Card is returned to VIVA PAYMENTS or must be destroyed by the User.
    8. Furthermore, the Card agreement expires automatically after the termination of the agreement for the use of VIVA WALLET to which it has been connected.
7. VIVA PAYMENTS Costs
 
Any costs, expenses and further charges applicable with respect to the issuance, management and use of the Card as well as the VIVA WALLET to which is connected are included in the applicable price policy of VIVA PAYMENTS each time, are notified and published at www.vivawallet.com on this link and incorporated herein by means this reference as well as by any other appropriate means. VIVA PAYMENTS may reasonably amend its price policy also regarding the Card notifying that amendment to the User by any appropriate means, at its judgment. In the event that the User does not accept the new pricing, the User may request the invalidation of the Card and the consequences provided under term 6 emerge. Invalidation of the Card and/ or termination of the present do not result automatically to the termination of the contract for the activation and use of VIVA WALLET.
By means of accepting the present Terms, the User accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services.
8. Other Terms
 
    1. In the event of use of the Card for the performance of transactions in foreign exchange, the debts of the User will be converted in Euro according to the regulations applicable each time for MasterCard cards and the relevant agreements between VIVA PAYMENTS with its partners, agents, and correspondents for the processing of the payments abroad and will be burdened with the relevant expenses and charges.
    2. VIVA PAYMENTS does not owe any interests of any kind to the User with respect to the Available Balance and the in general with respect to the monetary equivalent which is stored in electronic money to VIVA WALLET and therefore in relation to the Card.
    3. VIVA PAYMENTS bears no liability in relation to the transactional relationship between the User and the merchant of the products and/or services and any third party and accordingly bears no liability towards the User for actions or omissions of the legal entities and organizations with which the User transacts. Therefore, the User has no right to raise to VIVA PAYMENTS any allegation, objection or claim that the User has against any third party in relation to the transactions involving the use of the Card and is liable to compensate VIVA PAYMENTS in the event that any claim is raised against it from any third party in the framework of the use of the Card by the User.
    4. For transaction protection and security purposes, VIVA PAYMENTS may record (e.g. digital, magnetic) of the content of the conversations of the User with the employees and agents of VIVA PAYMENTS during the provision of customer services by electronic means as well as of the respective location and traffic data. The User provides his/ her consent for the aforementioned recording and both parties recognizes and accept that the content of the recording constitute complete proof of all said during the recorded conversation and of the time such conversation took place. The User also explicitly consents to the disclosure of these information and content to any public, judicial and/or regulatory authority upon its request in the framework of an official investigation.
    5. VIVA PAYMENTS has the right to set off any amounts potentially due by the User to VIVA PAYMENTS in the framework of the present and/ or any other contractual relationship between them and which amounts have become due and payable against the Available Balance of VIVA WALLET influencing the accordingly the maximum amount of the Payment Transactions that may be performed by means of the Card as VIVA Means of Payment.
    6. VIVA PAYMENTS may amend unilaterally these Terms for material reason, notifying that fact to the User. In the event that the User does not agree with the amendment, the User may request the invalidation of the Card and/ or the termination of the present agreement without any prior notification period applying and the consequences of the termination provided in term 6 hereinabove emerge.
      Furthermore, VIVA PAYMENTS reserves the right to amend the present Terms without the existence of any material reason provided that the amendment has been notified to the User by means of personalized systemic written communication via VIVA WALLET at least two (2) months prior to the date of implementation of the amendment. In the event that the User did not notified in writing any objections or did not invalidated the Card with this period of two (2) months is securely deemed that the User has accepted the amendment which is incorporated to the present terms and constitute a valid part thereof.
    7. VIVA PAYMENTS is not liable for any damage of the User deriving from the use of the Card, unless such damage was caused due to intentional behaviour or gross negligence.
9. Personal Data
 
    1. The Users consents for the collection, keeping and processing by VIVA PAYMENTS of the personal data of the User according to the provisions of L. 2472/1007 as in effect including also any recorded conversations. Data Controller for the file kept is VIVA PAYMENTS.
      The data related to the User are collected by the information he/ she provides and according to the requirements of the applicable legislation as in effect or from independent third party sources where such data have been published.
    2. These data and information collected are processed for the purpose of the provision and use of the Card requested by the User from VIVA PAYMENTS. The User has the right of information, access, to object and complain with respect to his/ her personal data kept by VIVA PAYMENTS according to the applicable legislation.
    3. VIVA PAYMENTS may transfer the data and the information collected to third parties as required for the completion for the provisions of the services referred in the present Terms. Furthermore, the User consents to the notification of the data concerning him/ her and of the content of the communication between the same and VIVA PAYMENTS to the Organizations, Businesses and the Banks which are involved in the provision of the services related to the issuing and use of the Card for the purpose of the provision and performance of the services and the of the present agreement.
    4. If the User does not consent to the required collection, process and transfer of his/ her data has as a consequence the inability to provide the requested services by the User and the termination of the present by VIVA PAYMENTS at no cost.
    5. VIVA PAYMENTS should keep the data of the Users and of the Transactions which are attempted and/ or concluded via its systems for the period provided by the applicable legislation as effective each time.
10. Notifications
 
Any notification, application or complaint of VIVA PAYMENTS to the User in the framework of the transactional relationship governed by the present Terms will be notified to the User via VIVA WALLET with an electronic message. The User must notify VIVA PAYMENTS in writing immediately the change of his/ her address and of other personal data. Any notifications of the User to VIVA PAYMENTS as well as written applications for further information regarding the use of the Card and submission of any potential complaints may be addressed at the postal address 18-20 Amarousiou – Chalandriou Str, Maroussi, 151 25 or the electronic address support@vivawallet.com, to the attention of VIVA WALLET department. Information is also provided to the User by phone at the number 211 7700000 or the short code 13855. The User is entitled further to a written request to receive the present terms in writing.
11. Governing Law – Jurisdiction
 
The transactional relationship of VIVA PAYMENTS and the User regarding the use of the Card, which is governed by the present Terms, is governed by the Greek Law and especially by L. 3862/2010 for the provision of payment services and L. 4021/2011 on Electronic money institutions. Any relevant dispute between VIVA PAYMENTS and the User related to the specific relationship is subject to the exclusive jurisdiction of the Courts of Athens Greece. For any issue which is not governed specifically by the present Terms, the General and Special Transaction Terms of VIVA WALLET which the User has accepted and which govern the wider relationship of the User as a client of VIVA PAYMENTS, while to the extent that the User receives payments services the terms of the Agreement for the Provision of Payment Services in compliance to L. 3862/2010 also apply. The User states that before the acceptance of the present Terms, as provided under the term 2 above, he/ she was informed and became aware of the information and accepted all the General and Special Terms of transactions of VIVA WALLET, the present statement certifying the acceptance.
12. Distance Contract
 
The transactional relationship between VIVA PAYMENTS and the User, which is governed by the present Terms constitute a distance contract according to art. 4a of L. 2251/1994 “on Consumer Protection”. The present Terms stands as the information provided by art. 4a of L. 2251/1994 and additionally the following also apply in the framework of the same Law: (a) For the extrajudicial dispute resolution the User has access orally or in writing to the Bank and Investment services Ombudsman. (β) The User has the right to rescind in writing from the contract, without any reason, penalty or cost, within fourteen (14) days from the conclusion of the contract, In this event the User must pay only the cost for the issue and provision of the Card. (c) the right to rescind does not apply in the event that the performance of the contract has been concluded in total by both parties further to the explicit request of the User before he/ she exercises the right to rescind.