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TAKO Pro
Conditions Générales d’Utilisation
 
INTRODUCTION
Les présentes conditions d’utilisation (les « CGU ») ont pour objet de régir l’ensemble des relations entre la société TRIPERZ SAS et les Utilisateurs de son site internet (accessible à l’adresse www.tak-o.com), de l’Application et des Services, tels que ces termes seront ci-après définis.
La société TRIPERZ SAS est une société par actions simplifiée au capital de 491.130 euros immatriculée au Registre des Commerces et des Sociétés de Paris sous le numéro 813 624 046, dont le siège social est situé 224, boulevard Voltaire – 75011 Paris (la « Société » ou « TRIPERZ »).
La Société est joignable par courrier à l’adresse de son siège social, par téléphone au numéro suivant : 07.69.67.13.31 ; ou par courrier électronique à l’adresse suivante : contact@tak-o.com
La Société propose des services de mise en relation entre usagers d’entreprises de taxis (Utilisateur Client) et entreprises de taxis (Utilisateur Prestataire de Transport) afin de permettre des prestations de transports grâce à des services de géolocalisation et commande de taxis via le développement d’API propriétaires et par l’intégration de l’API développée et mise à disposition par l’Etat Français et la mission  Etalab. Cette opportunité est rendue possible par la mise en œuvre d’un système d’information opéré par la mission Etalab au sein du secrétariat général pour la modernisation de l'action publique (SGMAP), pour le compte du ministère de l'intérieur. Ce registre de disponibilité est dénommé «le service» dans la suite ; la mission Etalab, le responsable du traitement».
La Société propose également un service de paiement dématérialisé permettant le paiement entre les passagers utilisateurs desdits services (les « Utilisateurs Clients») et l’entreprise de taxis responsable de la prestation de transports (l’Utilisateur Prestataire de Transport), via un « système » électronique intégré, géré par un prestataire externe, la société VIVAWALLET agréé et responsable de la bonne exécution des paiements. La Société se limitant à la mise en relation entre le Prestataire et l’Utilisateur et la transmission des informations permettant la bonne réalisation de la transaction.
Les Services sont accessibles via une application mobile développée et fournie par la Société (l’« Application »).
Il est d’ores et déjà précisé que la Société n’est qu’un intermédiaire se limitant à faciliter l’accès des clients aux Taxis, grâce aux données de disponibilités dont elle est dispose et à la mise à disposition d’un registre national de géolocalisation et de disponibilités des taxis, ainsi qu’à faciliter la transaction financière résultant de la prestation de transports fournie. La Société est donc extérieure à la prestation de transport et aux relations contractuelles entre les Utilisateurs Clients et Utilisateurs Prestataires de Transport.
La course issue de la mise en relation (entre l’Utilisateur Client et l’Utilisateur Prestataire de Transport) est effectuée par des entreprises de transport accréditées, pour leur propre compte, et la prestation de transport demandée par les usagers est exécutée sous la seule responsabilité des dites entreprises de transport.
Les Utilisateurs Clients et Prestataires de Transport sont seuls responsables du bon déroulement de la prestation de transport ainsi que du paiement de la course et de la bonne exécution des transactions entre eux, étant précisé que la Société met en œuvre tous les moyens à sa disposition pour assurer le bon déroulement desdites transactions.
En utilisant l’Application et/ou les Services, l’Utilisateur Prestataire de Transport conclut un contrat avec la Société et accepte sans réserve les présentes CGU et celles de ses partenaires (VIVAWALLET, Le.Taxi, …). L’utilisation de l’Application et/ou des Services est conditionnée à cette acceptation, qui se fait au moment de l’inscription de l’Utilisateur Prestataire de Transport.
La Société se réserve le droit, comme bon lui semble, de modifier à tout moment les présentes CGU, ou de modifier, suspendre, limiter ou cesser à tout moment tout ou partie des Services ou de l’Application, sans avertissement préalable et sans que sa responsabilité puisse être engagée.
Toute nouvelle version des CGU est mise en ligne et consultable par les Utilisateurs Clients et Prestataires de Transport sur le site internet de la Société ou dans l’Application. L’acceptation des nouvelles conditions générales se fait directement sur l’Application ou le site internet de la Société lors de la connexion suivant la mise à jour des CGU.
ARTICLE 1 – INSCRIPTION
Pour bénéficier d’un accès à l’Application et aux Services, l’Utilisateur Prestataire de Transport doit s’inscrire via l’Application et y créer un compte personnel, accessible par mot de passe.
L’utilisation des Services et de l’Application est réservée aux Utilisateurs Prestataires de Transport ayant autorisation d’exercer la profession de taxi et exclusivement à ceux-ci. Lors de son inscription l’Utilisateur Prestataire de Transport, devra fournir, grâce aux formulaires conçus à cet effet, accessibles directement dans l’application mobile, tous les éléments indispensables à l’exercice de la profession Taxi. En cas de non transmission de ces éléments ou de non mise à jour après un délai de maximum de 7 jours, l’Utilisateur Prestataire de Transport ne pourra être visible des Utilisateurs Clients sur les plateformes partenaires du dispositif open data Le.Taxi ni sur l’application TAKO.   L’Utilisateur Prestataire de Transport s’engage à fournir des informations complètes, exactes et à jour quant à son identité et ses coordonnées, à les actualiser si nécessaire, et à fournir toutes les informations d’identification et de vérification nécessaire à VIVAWALLET dans un délai de 15 jours maximum après réception d’un premier paiement effectué dans l’application suite à une course effectuée. L’Utilisateur Prestataire de Transport accepte informatiquement lors de son inscription l’ensemble des présentes CGU et celles de ses partenaires, étant entendu qu’elles peuvent être modifiées à tout moment par la Société.
L’inscription à l’Application et la création d’un compte entraîne automatiquement et sans contestation ou refus possible, dès la 1ère course effectuée, pour laquelle l’option paiement Mobile (i.e. paiement dans l’application) a été sélectionnée, immédiatement avant la réalisation de la 1ère transaction dans l’application pour la une prestation de transport, la création d’un compte auprès de la société VIVAWALLET, prestataire externe de paiement de la Société, ainsi que l’acceptation sans réserve par l’Utilisateur Prestataire de Paiement des conditions générales d’utilisation de VIVAWALLET  accessibles ci-après et intégralement reproduites, en annexe des présentes CGU.
En s’inscrivant et en utilisant l’Application et les Services, l’Utilisateur Prestataire de Transport  accepte :
de n’utiliser l’Application ou les Services que pour son seul usage personnel et de ne pas les revendre à un tiers ; de ne pas autoriser des tiers à utiliser son compte personnel ; de ne pas céder ou transférer autrement son compte à un tiers ; de ne pas utiliser l’Application ou les Services à des fins illégales ; de ne pas utiliser l’Application ou les Services afin de nuire à des tiers ; de ne pas perturber l’Application ou les Services d’une quelconque façon ; de ne pas copier ou distribuer l’Application ou tout autre contenu de la Société sans autorisation écrite de celle-ci ; de veiller à la fiabilité et à la confidentialité du nom d’utilisateur et du mot de passe de son compte permettant d’accéder à l’Application ou aux Services; d’adresser à la Société une preuve d’identité que la Société pourrait raisonnablement demander ; de ne pas utiliser l’Application ou les Services avec un téléphone incompatible ou interdit ; de ne pas envoyer de messages non sollicités ; de ne pas publier de contenus infractionnels, obscènes, diffamatoires ou autrement illégaux ou délictuels ; de ne pas envoyer des contenus contenant des virus, chevaux de Troie ou autres codes informatiques, fichiers, scripts ou programmes nuisibles ; de ne pas entraver ou interrompre l’intégrité ou le bon fonctionnement du site internet, de l’Application ou des Services ou des données qu’ils contiennent ; de ne pas harceler ou porter atteinte à la vie privée ou à l’intégrité physique ou morale des autres Utilisateurs ; de respecter toute la législation applicable.  
Dans le cas où les informations fournies par l’Utilisateur Prestataire de Transport lors de la création ou de la modification de son compte seraient erronées, ou en cas d’utilisation ne respectant pas les présentes CGU, la Société se réserve le droit de résilier immédiatement le compte, de façon temporaire ou définitive, et de lui refuser l’accès à la Plateforme. L’Utilisateur Prestataire de Transport est seul responsable de la gestion et de l’utilisation de son compte.
En cas de résiliation d’un compte, la Société n’est pas responsable des opérations en cours. Le sort du compte VIVAWALLET de l’Utilisateur Prestataire de Transport dont le compte TAKO a été clôturé est indépendant et sera déterminé conformément aux conditions générales d’utilisation de VIVAWALLET.
En cas de violation des présentes CGU, la Société pourra engager des poursuites judiciaires et faire appel aux autorités policières et coopérer avec elles afin de poursuivre les Utilisateurs Prestataire de Transport contrevenants.
 
ARTICLE 2 – UTILISATION DE L’APPLICATION
L’Application permet à un Utilisateur Prestataire de Transport se déclarant libre dans l’Application de recevoir une demande de course immédiate (et non une course réservée) émanant d’un Utilisateur Client inscrit sur TAKO ou se déclarant libre dans le registre des disponibilités au moment de la demande de recevoir une demande de course immédiate (et non une course réservée) émanant d’un Utilisateur Client inscrit sur une des plateformes « Moteur de recherche » partenaire agréée du dispositif Open Data Le.Taxi.
En sus l’Application permet à un Utilisateur Prestataire de Transport d’être payé directement dans l’application par un Utilisateur Client de l’Application Client TAKO grâce à la solution de paiement intégrée de notre partenaire VIVAWALLET, que l’Utilisateur Prestataire de Transport reçoive sa demande de course issue des API propriétaires de la Société ou du dispositif Le.Taxi sur l’Application ou sur toute autre application agréée du dispositif, dans le cas d’une demande de course émanant du dispositif Le.Taxi.
Dans le cas de l’utilisation du service, le récepteur GPS du téléphone portable sur lequel l’Application a été téléchargé détecte l’emplacement de l’Utilisateur Prestataire de Transport et transmet ses données de localisation aux API de la Société et au registre des disponibilités afin de lui permettre d’être « e-héler » par un Client Utilisateur d’une des Applications « Moteur de Recherche » agréée du dispositif Le.Taxi, ou par un Utilisateur de TAKO. L’Application transmet automatiquement la demande à l’Utilisateur Prestataire de Transport si celui-ci est le plus proche à « vol d’oiseau » du Client. Une fois la demande de course acceptée par l’Utilisateur Prestataire de Transport l’Application indique l’adresse de prise en charge de l’Utilisateur Client afin que l’Utilisateur Prestataire de Transport prenne en charge l’Utilisateur Client dans les plus brefs délais.
Une fois la mise en relation effectuée, et la demande de prestation de transport acceptée, les Utilisateurs, Prestataire de Transport et Client, sont entièrement libres d’annuler la prestation ou la demande à tout moment en cas « d’incident ». L’incident étant défini dans la documentation technique fournie par l’open data Le.Taxi.
Si les Utilisateurs, Prestataire de Transport et Client, qui ont été mis en relation acceptent réciproquement la mise en relation à des fins de prestation de transport, ils le signalent dans l’Application, qui se place alors en mode course. L’Application indique alors l’adresse de prise en charge de l’Utilisateur Client  telle que transmise par l’Application « Moteur de recherche » (TAKO ou application agrée Tierces).
L’Utilisateur Client doit indiquer au prestataire de transport l’adresse de destination si celle-ci n’est pas transmise dans l’Application.
Une fois arrivé à sa destination finale l’Utilisateur Client doit s’acquitter de la totalité du montant indiqué au compteur pour la prestation de transport réalisée en espèces ou par carte bleue ou par paiement électronique, grâce au « système électronique » VIVAWALLET créé avec son compte Utilisateur Client dans TAKO, si la précision a été faite avant la commande sur l’Application Client. Dans ce cas l’Utilisateur Prestataire de Transport s’engage à accepter le paiement électronique selon les conditions établies dans les présentes CGU établissant que toute transaction électronique faite entre l’Utilisateur Prestataire de Transport et l’Utilisateur Client est soumis à un prélèvement forfaitaire de quatre-vingt-dix cents d’euro (0,90€) quel que soit le montant réglé pour la prestation de service, prélevé automatiquement lors du paiement et venant en diminution du règlement perçu par l’Utilisateur Prestataire de Transport. En aucune façon l’Utilisateur Prestataire de Transport n’est autorisé à ajouter une surfacturation au prix affiché au compteur à la fin de la prestation de transport en vue de couvrir les frais liés à la transaction.
ARTICLE 3 – RECLAMATIONS
Toutes les réclamations des Utilisateurs devront être adressées à l’adresse électronique suivante : contact@tak-o.com.
Dans le cadre du service de mise en relation entre Utilisateurs Prestataire de Transport et Utilisateur Client, en cas de paiement électronique à des fins d’acquittement de la prestation de transport réalisée, il est entendu que cet ordre de paiement ne fait pas de la Société un gestionnaire pour compte de tiers, la Société se limitant à transmettre, suite à la réalisation d’une prestation par le partenaire de transport, une demande de réalisation de paiement à son partenaire VIVAWALLET grâce aux API VIVAWALLET Paiements intégrées, les fonds ne transitant jamais par la Société. Seule la commission forfaitaire prévue et précisée ci-avant prélevée lors d’un paiement électronique, sera au bénéfice de la Société.
L’Utilisateur Prestataire de Transport est entièrement responsable du montant renseigné dans l’Application au moment de la transaction électronique. La Société ne pourra être tenue pour responsable en cas d’erreur de saisie.
ARTICLE 4 – PAIEMENT
Le téléchargement de l’Application est gratuit.
Chaque course payée grâce à l’Application donnera lieu au paiement d’une commission unique à la Société de quatre-vingt-dix cents d’euro TTC (0,90€) à la charge de l’Utilisateur Prestataire de Transport (hors offre de lancement ou promotionnelle).
La commission sera prélevée, après chaque course payée grâce à l’Application et après confirmation  du paiement par l’Utilisateur Client, dès le déclenchement du paiement par l’Utilisateur Client sur le compte électronique de ces derniers ouverts auprès de VIVAWALLET, au moment de la réalisation de la transaction. L’Utilisateur Prestataire de Transport recevra sur son compte électronique le montant payé dans l’Application par l’Utilisateur Client déduction faite du montant forfaitaire fixé et selon les délais de de confirmation et crédits interbancaires.
Pour l’ensemble des services disponibles au sein de l’Application les Utilisateurs Client et Prestataire de Transport sont entièrement responsables du paiement de la course, la Société étant étrangère à la relation contractuelle entre les Utilisateurs Client et prestataire de Transport et ne pouvant jamais être considérée comme étant une partie à ce contrat.
Il est en effet rappelé que la Société n’est pas un fournisseur de services de transport. Il appartient à l’Utilisateur Prestataire de Transport d’offrir les services de transport qui peuvent être demandés par le biais de l’utilisation de l’Application ou des Services. La Société agit simplement en tant qu’intermédiaire entre les Utilisateurs Clients et Prestataires de Transport à des fins de prestation de transport et facilite également l’acquittement de la prestation par l’Utilisateur Client en mettant à disposition des Utilisateurs Clients et Prestataires de Transport les systèmes électroniques VIVAWALLET. La prestation de services de transport par le transporteur est donc régie par le contrat conclu entre les Utilisateurs Clients et Prestataires de Transport.
Les Utilisateurs, Clients et Prestataires de Transport sont responsables du paiement en temps opportun de toutes les sommes dues.
VIVAWALLET, prestataire externe de paiement de la Société, débitera les comptes de carte de crédit des Utilisateurs Clients qui ont été communiqués lors de l’inscription et créditera les « comptes électroniques »/ « comptes bancaires »  des Utilisateurs Prestataires de Transport que ceux-ci devront créer, gratuitement, chez le partenaire VIVAWALLET, afin de se soumettre aux exigences règlementaires de vérifications KYC.
Les paiements effectués ne sont pas remboursables.
ARTICLE 5 – ABSENCE DE DROIT DE RETRACTATION
 
Conformément à l’article L. 121-21-8 du Code de la consommation, le présent contrat ne peut donner lieu à l’exercice d’un droit de rétractation, et en utilisant l’Application et les Services, l’Utilisateur renonce expressément à l’exercice dudit droit à rétractation.
ARTICLE 6 – RESPONSABILITE
La Société ne sera pas responsable d'éventuels dommages découlant de l’utilisation de l’Application ou des Services. Les Utilisateurs utilisent l’Application et les Services sous leur propre responsabilité. Le paiement de la prestation de transport relève exclusivement de la responsabilité des Utilisateurs Prestataires de Transport et Clients. La Société met en œuvre tous les moyens à sa disposition pour assurer la sécurité desdites transactions entre Utilisateurs Clients et prestataires de Transport, via son prestataire externe VIVAWALLET. La Société est tenue d’une obligation de moyens à cet égard.
Il est rappelé que la Société n’est qu’un intermédiaire et que la prestation de transport relève entièrement de la responsabilité de l’Utilisateur Prestataire de Transport qui fournit les services de transport. La société décline toute responsabilité relative aux services de transport fournis par l’Utilisateur Prestataire de Transport. Toute réclamation au sujet des services de transport fournis par le l’Utilisateur Prestataire de Transport devra par conséquent être adressée à celui-ci.
L’Utilisateur Prestataire de Transport est entièrement responsable du montant renseigné dans l’Application pour l’acquittement de la prestation de transport par l’Utilisateur Client. La Société ne pourra être tenue pour responsable en cas d’erreur de saisie.
La Société décline toute responsabilité en cas d’erreur due au système de paiement de son prestataire extérieur VIVAWALLET.
La Société ne garantit pas que son site internet et son Application sont exempts de défauts, d’erreurs, de logiciels malveillants ou de virus.
La Société ne peut être tenue responsable en cas de difficultés techniques telles que le mauvais acheminement du courrier électronique, l’interruption des communications électroniques ou l’altération de l’utilisation de l’Application.
La Société n’est pas responsable du coût téléphonique ou du coût généré par la transmission des données dans le cadre de l’utilisation de l’Application ou des Services par les Utilisateurs.
ARTICLE 7 – PROPRIETE INTELLECTUELLE
La Société est seule propriétaire des droits de propriété intellectuelle liés à l’Application et aux Services. Les Utilisateurs n’ont aucun droit de propriété sur le site internet de la Société, l’Application ou les Services. Le nom, le logo et les dénominations de produits de la Société associés à l’Application et aux Services sont des marques de la Société, de ses sociétés liées ou de tiers. La Société n’accorde aucun droit ou aucune licence d’utilisation de ces marques.
Les marques « TRIPERZ », « Tako » (et leurs déclinaisons Triperz Chauffeur, Triperz City, Triperz Hub, Tako Chauffeur, TAKO Pro , Tako, TAKO) est notamment la propriété exclusive de la Société, et ont été enregistrées par cette dernière auprès de l’INPI sous le numéro: 4212215 et 4332622
Les noms de domaine suivants sont également la propriété exclusive de la Société : triperz.com ; triperz.fr ; triperz.co ; triperz.org ; tak-o.com ; tak-o.fr ; tak-o.eu; tak-o.org.
La Société accorde à l’Utilisateur une licence limitée, non exclusive et incessible lui permettant de voir, télécharger et imprimer tout contenu de la Société, uniquement pour son utilisation personnelle et non commerciale.
Concernant l’Application, la Société accorde à l’Utilisateur Prestataire de Transport une licence limitée, non exclusive et incessible permettant à ce dernier de télécharger et d’installer une copie de l’Application sur son téléphone portable, et d’utiliser cette copie de l’Application à titre personnel uniquement.
l’Utilisateur Prestataire de Transport ne bénéficie d’aucune autre licence et d’aucun autre droit portant sur les droits de propriété intellectuelle détenus ou contrôlés par la Société.
l’Utilisateur Prestataire de Transport ne peut pas copier, modifier, distribuer, concéder une sous-licence, céder, afficher ou présenter en public, reproduire, transmettre, transférer, diffuser ou exploiter de quelque manière que ce soit l’Application, le site internet de la Société et leurs contenus, sauf accord écrit de la Société.
Il est interdit à l’Utilisateur Prestataire de Transport d’accorder une licence ou sous-licence, de céder, transférer, distribuer, exploiter commercialement ou mettre à la disposition de tiers l’Application ou les Services d’une quelconque façon ; de créer des liens électroniques vers l’Application ; d’accéder à l’Application afin de créer un produit ou un service concurrent ; créer un produit en copiant des idées, caractéristiques, fonctions ou images similaires de l’Application ou des Services ;copier des idées, caractéristiques, fonctions ou images du service ou de l'application ; d’entraver de quelque manière que ce soit le fonctionnement ou les performances de l’Application ou des Services.
La Société pourra permettre aux Utilisateurs de poster des contenus (remarques, opinions, commentaires, suggestions et autres informations) sur le site internet ou par le biais de l’Application. Les contenus des Utilisateurs seront considérés comme non confidentiels et communs. Par conséquent, la Société disposera du droit non exclusif, sans redevance, d’utiliser, copier, distribuer et divulguer à des tiers lesdits contenus des Utilisateurs à toutes fins, par tout moyen et dans le monde entier.
La Société agit comme un simple intermédiaire pour la publication de contenus d’Utilisateurs et n’est pas responsable envers les Utilisateurs ou un quelconque tiers des contenus ou de l’exactitude des contenus des Utilisateurs. La Société ne contrôlera pas en permanence les contenus des Utilisateurs et ne jouera pas un rôle de modérateur entre Utilisateurs.
Ces contenus seront utilisés aux seuls risques des Utilisateurs.
Les Utilisateurs déclarent que les contenus publiés ne violent pas les droits de propriété intellectuelle de tiers, de droits à la vie privée ou de droits de la personnalité, et qu’ils ne contiennent pas de propos diffamatoires.
Les Utilisateurs garantissent la Société et ses filiales contre l’ensemble des frais, dépenses, dommages, et pertes subis par la Société ou ses filiales du fait d’un contenu posté ou transmis sur le site internet ou l’Application.
La Société se réserve le droit, comme bon lui semble, de bloquer ou supprimer, en tout ou en partie, un contenu si elle l’estime non conforme aux présentes CGU.
Les partenaires de la Société demeurent les propriétaires exclusifs de leurs marques respectives.
Les Utilisateurs transfèrent définitivement et irrévocablement tous les droits de propriété intellectuelle liés aux photographies prises des compteurs de taxi via l’Application.
Les présentes CGU concernent uniquement les relations entre les l’Utilisateur Prestataire de Transport et la Société. En cas de téléchargement via des plateformes de téléchargement telles que l’Apple Store ou Google Store, les conditions applicables à ces plateformes s’appliqueront.
ARTICLE 8 – PROTECTION DE LA VIE PRIVEE ET DONNEES PERSONNELLES
La Société collecte et traite de manière automatisée des informations à caractère personnel des Utilisateurs de l’Application et des Services (informations de contact, données de localisation, données relatives aux transactions, données de connexion, messages échangés entre Utilisateurs, etc.)
Ces données ne sont exploitées par la Société que dans le strict cadre de l’exécution des Services. La Société s’engage à prendre toutes les mesures nécessaires à la protection des données personnelles des Utilisateurs. La Société s’engage à ce titre à ne pas partager ou divulguer ces données à des tiers, exceptés aux Utilisateurs et uniquement dans le cadre de l’exécution des Services, sauf en cas d’accord exprès de l’Utilisateur.
La Société pourra en effet, après avoir préalablement recueilli l’accord des Utilisateurs par une case à cocher au moment de l’inscription, communiquer ou céder les données personnelles anonymisées des Utilisateurs à des tiers à des fins commerciales. Les Utilisateurs pourront toujours s’opposer à la divulgation de leurs données personnelles en cochant la case disponible à cet effet dans l’interface compte de l’Application ou du site internet.
La base de données personnelles exploitée par la Société a fait l’objet d’une déclaration auprès de la CNIL sous le numéro : 1898898 v 0.
Droit d’opposition, d’accès et de rectification : en application de la loi n°78-17 du 6 janvier 1978 modifiée par la loi n° 2004-801 du 6 août 2004 relative à l’informatique, aux fichiers et aux libertés, chaque Utilisateur dispose des droits d’opposition, d’accès et de rectification des données le concernant. Un Utilisateur peut ainsi exiger que soient rectifiées, complétées, clarifiées, mises à jour ou effacées les informations le concernant qui sont inexactes, incomplètes, équivoques ou périmées. Un Utilisateur peut exercer ce droit à tout moment en contactant la Société depuis l’Application ou le site internet.
Droit d’effacement et droit de réserve de sauvegarde : à la clôture du compte Utilisateur, que cette clôture soit du fait de l’Utilisateur ou de la Société, l’ensemble des données relatives à ce compte sont effacées ou rendues anonymes. Les opérations tendant à effacer ces données pourront toutefois être différées pour des besoins de facturation ou de recherche, de constatation et de poursuite d’infractions pénales dans le seul but de permettre la mise à disposition de ces informations à l’autorité judiciaire.
Données d’utilisation : par l’acceptation des présentes CGU, l’Utilisateur accepte que la Société recueille, conserve, traite, utilise et transmette ses données de connexion, de transactions et de traçabilité aux fins de mesures d’audience, de réalisation de son activité et de constitution d’une base de données.
L’Application, dans le cadre du service de géolocalisation et de commande de taxis ne fournit que le numéro de téléphone du prestataire de transport et du client ainsi que des précisions concernant le véhicule afin de permettre la rencontre la plus rapide possible, étant entendu que les Utilisateurs, prestataires de Transports et Clients, ne doivent pas conserver ces données pour quelque raison que ce soit, sauf à la demande expresse de l’Utilisateur.
L’Application demandera l’autorisation à l’Utilisateur Prestataire de Transport d’accéder aux données de localisation de son téléphone portable.  L’Utilisateur pourra autoriser ou refuser cette collecte. En cas de refus, l’utilisation de l’Application ne sera pas possible.
Les visiteurs du site internet acceptent l’utilisation de cookies et reconnaissent qu’ils peuvent les refuser en modifiant les paramètres de leurs navigateurs.
ARTICLE 9 – CESSION
L’Utilisateur ne peut pas céder ses droits dans le cadre des présentes CGU sans autorisation écrite préalable de la Société.
ARTICLE 10– DUREE ET RESILIATION
Le contrat est conclu entre l’Utilisateur et la Société pour une durée indéterminée.
En cas de manquement par l’Utilisateur à ses obligations telles que définies par les présentes CGU, la Société se réserve le droit de résilier immédiatement, de façon temporaire ou définitive, son compte et de lui refuser l’accès à l’Application ou aux Services.
L’Utilisateur qui ne souhaite plus bénéficier des Services de la Société ou accéder à l’Application peut à tout moment demander la résiliation de son compte en contactant la Société depuis le site internet ou l’Application, puis supprimer l’Application depuis son téléphone portable.
Les données de son compte seront alors effacées à l’exception de celles nécessaires aux respects des obligations légales, comptables et fiscales de la Société
Le solde du compte VIVAWALLET sera déterminé conformément aux conditions générales d’utilisation de VIVAWALLET  figurant en annexe aux présentes CGU.
ARTICLE 11 – DROIT APPLICABLE ET JURIDICTION COMPETENTE
Les relations contractuelles entre la Société et les Utilisateurs sont régies par le droit français.
En cas de litige relatif aux présentes CGU, les tribunaux de Paris auront compétence exclusive.
 
 
 
 
 


















Annexes

Terms & Conditions
Business
Ι. General Terms
ΙΙ. Special Terms

Debit Card
Issuance, Provision & Use


VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, is a lawfully licensed Electronic Money Institution pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof under number 1.
VIVA PAYMENT SERVICES SA
is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Rue des Deux Églises 14, 1000, in order to carry out its services in Belgium.
has an established branch registered under no. AE3222, notified to Central Bank of Cyprus, located in Nicosia, 121, Prodromou Ave., Hadjikyriakion Building 1, 6th Floor, Office 611, Strovolos, in order to carry out its services in Cyprus.
has an established branch registered under no. 10671810967, notified to Bank of Italy, located in Milan, Largo Augusto 8, in order to carry out its services in Italy.
has an established branch registered under no. J40/3557/18.03.2019, notified to National Bank of Romania, located in Bucharest, 21, Emanoil Porumbaru Str., District 1, GF , in order to carry out its services in Romania.
has an established branch registered under no. 85052925600016, notified to Prudential Supervisory Authority and Resolution (ACPR), located in Paris, 5, Rue Etienne Marcel, in order to carry out its services in France.
has an established branch registered under no. 73594229, notified to De Nederlandsche Bank, located in Amstelveen, Van Heuven Goedhartlaan 13d, in order to carry out its services in Netherlands.
has an established branch registered under no. 0000774637, notified to Polish Financial Supervision Authority, located in Warsaw, 10a Skierniewicka Street , in order to carry out its services in Poland.
has an established branch registered under no.980649382, notified to Bank of Portugal, located in Lisbon, Rua Castilho 13D, 6ºA 1250-066, in order to carry out its services in Portugal.
has an established branch registered under no. W0091174C, notified to Banco de España, located in Madrid, Calle Orense 8, floor 7C, zip code 28020, in order to carry out its services in Spain.
has an established branch registered under no. 09 361/7298, notified to Finanzmarktaufsicht (FMA) located in Vienna Simmeringer Hauptstrasse 24, A1110, in order to carry out its services in Austria.
has an established branch registered under no. 3647135MH, notified to Central Bank of Ireland located in Dublin, Block 3, Harcourt Centre, Harcourt Road, D02 A339, in order to carry out its services in Ireland.

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

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

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

1. DEFINITIONS
For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.
PAYER: The natural person or legal entity which gives anyhow a payment order (indicatively through the payment account that he holds, etc)
PAYEE: The natural person or legal entity who is the intended recipient of funds which have been the subject of a payment transaction.
PAYMENT TRANSACTION: An act, initiated by the payer or on his behalf or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.
Payment Order: An instruction by a payer or payee to VIVA PAYMENTS requesting the execution of a payment transaction.
VIVA WALLET Payment Account: The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which  the VIVA WALLET account of the User as payee is credited with electronic money corresponding to the monetary equivalent to which the User is legally entitled, as further specified by VIVA PAYMENTS. 
PAYMENT TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the User, as payer, pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to User’s VIVA WALLET account, as further specified by VIVA PAYMENTS. 
LOADING TRANSACTION: A transaction attempted and/or executed by the User intended to the issuance of electronic money by VIVA PAYMENTS, by paying to the latter an amount equal to the monetary value to be issued, and to be further debited to VIVA WALLET payment account. 
REDEMPTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money debited as Available Balance in User’s VIVA WALLET account, through collection of the respective amount and decrease the Available Balance accordingly.
DIRECT DEBIT: a payment service for debiting User’s VIVA WALLET payment account, where the payment transaction is initiated by the payee on the basis of the consent given by the User to the payee, to the payee’s payment service provider or VIVA PAYMENTS, as User’s payment service provider,  
BLOCKED AMOUNT: Any electronic money amount, debited in User’s VIVA WALLET account, which is blocked by VIVA PAYMENTS as security of the same and/ or of third-parties receiving or providing payment services (e.g. dispute of a transaction, pending User’s Verification- Identification process e.t.c.) which the User is not entitled to use for his transactions until released. 
BLOCKED TRANSACTION: Any transaction the amount of which is not credited and therefore not available to the beneficiary due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any entities cooperating with the latter or any competent third party  for any reason whatsoever and/ or (c) the procedure for the certification of the identity of the respective payee or payer is pending, and for as long as these conditions continue.
PENDING TRANSACTION: Any Transaction for which completion is pending. 
USER: Any natural person (over 18 years old with full capacity to transact) or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms, either as payer or as payee. 
SERVICES: The electronic money issuing and redemption services, as well the payment services provided by VIVA PAYMENTS to the Users, as specified and notified from time to time by VIVA PAYMENTS. 
BALANCE: The overall monetary equivalent to electronic money, which is displayed as loaded to VIVA WALLET payment account, which, apart from the Available Balance, also includes all Pending Transactions, Blocked Amounts and any potential non-cleared credits or debits for any reason whatsoever; 
AVAILABLE BALANCE: The monetary equivalent to electronic money debited in any VIVA WALLET payment account, which is available for the conclusion/ execution of Payment and Redemption Transactions. 
PRIVATE USER: Any User making use of the Services to perform transactions that do not fall within the scope of the User’s professional/ business activity. 
PROFESSIONAL USER: Any User making use of the Services to perform transactions that fall within the scope of the User’s professional/ business activity. 
CONSUMER: as defined in L. 2251/1994 as in force. Any very small enterprises as defined below are considered as Consumers.
VERY SMALL ENTERPRISE: Any enterprise that, when accepting the terms hereof, shall fall within the scope of article 2 para.9 of L. 2251/1994.
PAYMENT INSTRUMENT: any personalised device and/ or set of procedures agreed between User and the payment service provider and used in order to initiate a payment order.
VIVA PAYMENT INSTRUMENT: the payment instrument defined in EU Directive 2015/ 2366 as effective and which is issued by VIVA PAYMENTS and may be incorporated in an electronic, digital, paper or magnetic medium, or even be intangible (indicatively and not exclusively VIVA debit cards). 
REPEATED TRANSACTION ORDER: any order given by a User to VIVA PAYMENTS authorizing the latter to conclude specific transactions repeatedly, which the User has preapproved as per their amount, or/and their type or/ and their frequency.
VIVA PAYMENTS BANK ACCOUNT: The Bank Account kept by VIVA PAYMENTS at an EEA well known credit institution, which is notified in writing to the User for the purposes hereof. 
VERIFIED BANK ACCOUNT: The active bank account kept in the name of a User at a well-known Greek credit institution, and regarding which the User has been identified as legal beneficiary, in accordance with the procedure set out in the Terms. 
VERIFIED PAYMENT CARD: An active, prepaid, credit and/or debit payment card, issued by a  well known organization of the Financial System in cooperation with Card Associations (VISA & MASTERCARD), in respect of which the User has been identified as legal beneficiary and holder, in accordance with the procedure set out in the Terms. 
VIVA SPOTS: Physical facilities of VIVA PAYMENTS or VIVA Representatives or via which electronic money issued by VIVA PAYMENTS is distributed.
Cookies: information files stored in the user’s device by the web server, so that they may be easily recovered when the User visits the relevant website/webpage, in order to facilitate the provision of respective services. 
CONSUMER: as defined by Law 2251/1994, as in force from time to time.
REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction. 
REFUND FROM USER: Any request made by any third-party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction. 
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: as defined in the General Data Protection Regulation 2016/679, as adopted and applying in Greece and any other relevant applicable European law. 
VERIFICATION: Certification process of identification details provided by the User. 
IDENTIFICATION: The procedure followed in order to confirm the data entered and notified by the User in the context of the present agreement, regarding the User’s identity, contact details and attempted Transactions.
STRONG USER AUTHENTICATION: an authentication based on  the use of two or more elements categorized as knowledge (something only the user knows), possession (something only the User possesses) and inherence (something the User is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.
PERSONALISED SECURITY CREDENTIALS: Personalized features provided by VIVA PAYMENTS to User for authentication purposes.
TRANSACTION CAP: The amount equivalent to the Transactions which the User may conclude without a prior special authorization or/ nor any further procedure for the certification of the User’s verification details being required by VIVA PAYMENTS.   
PAYMENT CARD: the tangible or digital credit, debit and/ or prepaid payment instrument allowing the legitimate holder to conclude Payment Transactions, and which has been issued by well-known organizations of the Financial System.
VIVA E-MONEY CODE: The special, prepaid, electronic, numerical code, issued by VIVA PAYMENTS, in which e-money of specific monetary value is stored, and with which Users may conduct Loading Transactions by crediting code’s equivalent e-money amount to their VIVA WALLET.
Acquiring of payment transactions: Payment service provided by VIVA PAYMENTS to the User as payee to accept and process payment transactions, which results in a transfer of funds to the User.
Issuing of payment instruments: Payment service by VIVA PAYMENTS to the User as payer, to provide User with VIVA payment instruments to initiate and process User’s payment transactions.
PAYMENT INITIATION SERVICE PROVIDER: payment service provider pursuing payment initiation services as business activities.
PAYMENT INITIATION SERVICE: A service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.
ACCOUNT INFORMATION SERVICE PROVIDER: payment service providerpursuing account information service as business activity.
ACCOUNT INFORMATION SERVICE: an online service to provide consolidated information on one or more payment accounts held by the User with either another payment service provider or with more than one payment service provider.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD or PCI DSS is a worldwide information security standard defined by the Payment Card Industry Security Standards Council, to minimise the potential for payment card and cardholder data to be compromised and used fraudulently. It applies to all organisations which store, process or transmit cardholder data.
Attest means to demonstrate and confirm the compliance with the PCI DSS and any changes which may occur to those standards, by completing a self‑assessment questionnaire and attestation.
PAYOUT SCHEDULE: The time frame within which VIVA PAYMENTS settles and credits to Professional User’s VIVA WALLET payment account, any amount of  Payment Transactions received by such User as beneficiary, which have been concluded daily through VIVA PAYMENT’s acquiring services.
ROLLING RESERVE: the amount kept on hold in User’s payment account for a defined period of time to cover any potential financial risk such as charge-backs and claims. Rolling reserve is calculated as a percentage of the transactions value completed through VIVA PAYMENTS’ acquiring services and is released at the end of the holding period.

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
3.1. The successful completion of the signing up procedure and of the opening of VIVA WALLET payment account by the User constitute a prerequisite for the provision of any Service by VIVA PAYMENTS.  The prerequisites and the procedure for signing up and for the opening and activation of VIVA WALLET payment account are differentiated according to the value and categories of Transactions that the User wishes to conclude.
3.2. Prerequisites and terms of Signing up
(a) Signing up of each User is concluded electronically via VIVA PAYMENTS internet site (www.vivawallet.com) following the systemic guidance of the User according to the category in which the latter belongs and the kind of Services wished to be received.
(b) Each User states and records electronically the details required by the system for the completion of the signing up and accepts the Terms, after having diligently read and understand them. It is recommended to the Users to proceed to the printing and/ or storing of the Terms accepted at a durable medium. The capability of User to perform legal acts and transact on his own behalf is prerequisite for signing up.
(c) Any User shall initially register the following data:
i. Valid and active email address which has been legitimately assigned to the User,
ii. mobile telephone number to which the User is the subscriber or the legitimate holder/user,
iii. the secret unique password to access VIVA WALLET payment account which will be created by the User following the systemic instructions of VIVA PAYMENTS.
d) Regarding the email address registered, the User:
I. Warrants that he is the legal beneficiary and user of this email address;
II. Is required to take appropriate measures to prevent potential non authorized access and use of its email address and recognizes that any communication by means of this email address is deemed as originating, addressed and received by the same.
e) Regarding the mobile telephone number registered, the User:
i. Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection
ii. Warrants that this number is identified in its name as the subscriber or legal user.
f) Regarding the password, the User must:
i. keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,
ii. change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.
iii. Never and for no reason to use VIVA WALLET payment account password which has been assigned to another User which may have been disclosed to the same in any way whatsoever.
VIVA PAYMENTS shall not request the User, ever and by any means whatsoever, (e.g. by phone or e-mail), to disclose its VIVA WALLET payment account password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET payment account password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET payment account password to any third party, the User is liable for and bears the consequences deriving from non-authorized access and/ or use such as, indicatively,  third party unauthorized access to its VIVA  WALLET payment account available balance for the conduct of transactions, access to transactions history and authentications information, change for the User personal information, blocking of the User for the conduct of transactions through User’s VIVA WALLET payment account, etc In the event that the User is suspected that its authentication information have been subject to interception or have been disclosed by any way whatsoever to any third party, the User must change then notify immediately VIVA PAYMENTS  at the contact details published here.
VIVA PAYMENTS may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the Transaction he concludes as well as based on other criteria which may apply on a case by case basis.
In the event of Users who are legal entities the registration of any data is made exclusively by their legal representative. From the conclusion of the registration as such it is presumed that the person that makes the registration and signing in is the legal representative of the legal entity. The legal representative of the User who is a legal entity is entitled to grant access to individual operations of VIVA WALLET payment account to third parties; the legal representative is solely and exclusively responsible and liable for the provision of such authorization and for such third parties’ actions; authorization is provided pursuant to the electronic registration and authorization procedure followed by the legal representative and the acceptance of the authorization and access granted by such third parties. VIVA PAYMENTS reserves the right to request any information regarding the justification and confirmation for the provision of such authorized access to VIVA WALLET payment account as well as the identity of the persons authorized and the User must provide them.
In any case, the User shall take any suitable measures so that the devices used in the context hereof (personal computer, tablets, mobile phones) be equipped with suitable special security programs (such as antivirus), in order to avoid or combat any malicious software infection.
4. VERIFICATION – IDENTIFICATION
4.1   VIVA PAYMENTS reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time Verification - Identification procedures with the purpose of verifying the identity of the User.
4.2   These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:
a) the kind of User and/or
b) the kind of Transactions the User concludes and/or
c) the amount of the transactions that the User concludes.
4.3 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalization of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason the Verification and Identification procedures of the Users and the policies that VIVA PAYMENTS applies for that purpose are designed and updated according to the compliance obligations of VIVA PAYMENTS to the respective AML legislation and are notified each time at VIVA PAYMENTS web site. Each User is guided by the system as per the procedure of Identification and Verification that should follow according to what is agreed under 4.2 above.
4.4. VIVA PAYMENTS reserves the right to request from any User information and data concerning the same and/ or the person who the User represents, the Transactions made by means of using the Services as well as any third parties who participate or interfere with these Transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation. 
4.5 VIVA PAYMENTS reserves the right to request by any User, and such User must comply, to proceed to actions that may involve third parties also for the purpose of verification or the data registered and their identification.
4.6 VIVA PAYMENTS applies the Verification and Identification procedures notified to the Users systemically and the User must comply accordingly. VIVA PAYMENTS reserves the right to unilaterally amend the applicable policies and procedures and the individual actions included on a case by case basis and according to its sole discretion, in order for their intended purpose to be accomplished, as provided under Term 4.3.
4.7 The Users must provide and register, true, accurate, adequate and valid data and justification materials  and must also proceed to any Identification and Validation indicated immediately and as soon as it is requested by VIVA PAYMENTS. The Users acknowledge and accept that any lack or failure to completely comply with the requirements of VIVA PAYMENTS set in the framework of the Identification and Verification procedures and actions may result, at VIVA PAYMENTS sole discretion, to the unilateral suspension of the provision of Services, the blocking of the Available Balance of VIVA WALLET and/ or the termination of the present agreement for material reason and at no cost for VIVA PAYMENTS.
4.8 The User acknowledges that has understood the difference between Private User and Professional User as defined above as well as his obligation to register at VIVA PAYMENTS under its true capacity, based on how he shall use VIVA WALLET and the services provided by VIVA PAYMENTS. In case the User is registered at VIVA PAYMENTS and identified as a Private User but is found to use his VIVA WALLET as a Professional User in breach of the terms herein, then VIVA PAYMENTS may at its sole discretion convert his VIVA WALLET immediately and without prior notice  to a professional one, and charge retrospectively for the whole period of its operation and for all transactions made by the User, the additional charges based on the pricelist applicable to Professional Users (see here) as if it had been registered from the beginning as such at VIVA PAYMENTS.
4.9. VIVA PAYMENTS applies Strong Customer Authentication in any case that the User:
a) has online access to his VIVA WALLET payment account,
b) initiates electronic payment transaction
c) proceeds to any act through remote means where there is payment fraud or other violation risk.
4.10. Especially regarding cases under 4.9.b and 4.9.c above, VIVA PAYMENTS applies strong customer authentication, which includes elements that dynamically relate each transaction with specific amount and specific payee/ beneficiary. VIVA PAYMENTS adopts any suitable safety means to secure confidentiality and integrity of Users personalized security credentials. Provisions of this paragraph also apply in case that the payment initiation takes place through payment initiation service provider. Provisions of terms 4.9. and 4.10. recital b also apply when information are also requested through account information service provider. VIVA PAYMENTS allows payment initiation service providers and account information service providers to count on authentication procedures applied by VIVA PAYMENTS for its Users as per para. 4.9. and 4.10 above.
5. CHARGES – BALANCES – DATES
5.1   CHARGES
5.1.1 The charges of VIVA PAYMENTS Services, as provided from time to time, are published here
5.1.2 Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.
5.1.3 VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.
5.1.4 Any amount of Refund from User becomes due and payable as soon as VIVA PAYMENTS notifies to the User the request for Refund, under the reservation of the provisions regarding Blocking of Amounts which may suspend the collection at VIVA PAYMENTS sole discretion.
5.1.5 VIVA PAYMENTS collects any amounts as soon as they become due by means of direct debiting the Available Balance of the User’s VIVA WALLET payment account, which is decreased accordingly, without any notice being required for that purpose. By means of accepting the Terms, the User explicitly and without any reservation authorizes VIVA PAYMENTS to proceed to the respective debit of User’s VIVA WALLET payment account to collect any amounts due. Any VIVA PAYMENTS due charges debited to VIVA WALLET payment account, however not collected due to lack of adequate Available Balance, are collected in priority against any other potential charge as soon as and to the extent that the Available Balance becomes adequate.
5.1.6 The Users acknowledge and accept without any reservation that the representation of the amounts due to VIVA PAYMENTS in its accounting books and/ or the updated accounting representation of the statements and the Available Balance of VIVA WALLET payment account issued by VIVA PAYMENTS constitute complete proof of the amounts due by the User towards VIVA PAYMENTS and vice versa, not being subject to any challenge, capable of fully justifying the proof of the claim, sufficiently fulfilling the requirements for the issuance of a payment order for their collection, taking also into account the compliance obligations of VIVA PAYMENTS as lawfully licensed E Money Institution.
5.2 BALANCES
5.2.1 The Balance of the User’s VIVA WALLET payment account is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.
5.2.1 The Balance of the User’s VIVA WALLET payment account in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.
5.2.3 The Users acknowledge and accept without any reservation that only the e-money which corresponds to the Available Balance can be used for any Transaction which requires the User being debited and/ or can be redeemed.
5.2.4 In the event that the Available Balance of VIVA WALLET payment account is not adequate for the completion of any payment order, such order is not executed and remains Pending Transaction.
5.3 RECEIPT & EXECUTION PAYMENT ORDERS DATES- ORDERS IRREVOCABLE
5.3.1 Any payment order is transmitted by User to VIVA PAYMENTS online through User’s VIVA WALLET payment account administration tool, by use of User’s password as per term 3.2.1.3. Any payment order given within a day either by the User as payer or by the payee, is considered as received by VIVA PAYMENTS immediately by the time given by the User with immediate charge of order’s amount to his VIVA WALLET payment account and is executed within the same day or the business day after at the latest, upon debiting of User’s VIVA WALLET payment account with the respective amount.
5.3.2 User is not entitled to revoke a payment order received by VIVA PAYMENTS as per terms above unless the charge has been agreed to take place on specific date, when at this case the User is entitled to revoke it at the end of the previous business day before the date agreed.
5.3.3 The User is entitled to revoke a direct debit order until the end of the business day preceding the date on which it has been agreed between User and the payee that User’s VIVA WALLET payment account shall be charged. If such deadline lapses without any action, the User is considered to have approved the execution of the direct debit transaction.
5.3.4. Upon lapse of the deadlines set above, within which a payment order may be revoked, its revoke by the User is allowed only upon special agreement of VIVA PAYMENTS with the User (especially in cases of direct debit the payee’s agreement is also required). In such cases the User bears any revoke costs as set in VIVA PAYMENTS’ pricelist.
5.3.5. Any VIVA WALLET payment account debits regarding Loading Transactions take place in real time to the extent that such debits depend exclusively on VIVA PAYMENTS and no other deadline is required by third payment service providers or providers of supporting services for the Transaction completion.
5.3.6. Value Date:
a) The value date for User’s VIVA WALLET payment account charge, when User acts as payer, cannot be prior the time when the account is charged with the amount of the payment transaction.
b) The value date for User’s VIVA WALLET payment account debiting as payee is the working date, the latest, within which the account is debited with the amount of the payment transaction.
5.4 AMOUNTS BLOCKING
VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET payment account and not to include it in the Available Balance in the event that:
5.4.1 non cleared Debits of VIVA WALLET payment account or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;
5.4.2 a breach of the Terms or of any instructions provided by VIVA PAYMENTS has been made by the User or is arguably suspected and for as long such condition is investigated according to the applicable legislation;
5.4.3 it corresponds to a Transaction which is under the status of Blocked Transaction.
5.4.4 User’s Verification-Identification procedure according to article 4 above is pending and not complete.
5.5 Under the reservation of the provisions of article 4.8 above, VIVA PAYMENTS is entitled to charge retroactively any User ’s VIVA WALLET for all the transactions concluded, if found that the transactions have been made under faulty registration and identification capacity of the User, precisely under  his capacity as  Private User instead of a Professional one. In such case the User acknowledges and unconditionally accepts to pay immediately that amount to VIVA PAYMENTS.
6. CONSUMER PROTECTION
6.1 To the extent that the Services provided are addressed to Users under their capacity as Consumers, the provisions of the applicable legislation regarding the protection of consumers apply.
6.2 Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 4i of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.
6.3 With respect to the Users’ right to information under their capacity as Consumers, the relevant provisions regarding the information of the Users by VIVA PAYMENTS are included in Term 7.
7. INFORMATION – NOTIFICATIONS
7.1 It is recommended to the Users to read carefully all information included in VIVA PAYMENTS website as well as the Terms, including any information to which a reference is made therein, prior to their acceptance. For any clarification with respect to the Terms and Services, Users may contact the competent department of VIVA PAYMENTS, using the contact details provided here.
7.2 Any communication between VIVA PAYMENTS and the Users is made through the e-mail address and the mobile phone number registered by the User during signing up procedure, as well as through the User’s profile. In the event that a service of a document is required to the User, it is validly made at the postal address stated by the User, otherwise at the address deriving from independent third party sources.
7.3 In the event of any change to the contact details as well as to any other information registered to VIVA PAYMENTS during the procedure of creating their profile, Users must adjust its profile accordingly guided systemically by VIVA PAYMENTS as per the actions required to that respect. In the event of change of the User’s profile VIVA PAYMENTS may request the identification/ verification of the data amended following the procedure of Identification/ Validation.
7.4 VIVA PAYMENTS provide to the Users any information requested regarding VIVA PAYMENTS, its activity as a supervised E Money Institution, its Servicers and any special elements thereof. In any event that the requested information is published, the information obligation may be fulfilled by means of referring the requesting User to the published information. In any event information is made by means of email and/ or at VIVA PAYMENTS website. Personalized information may be available by means of uploading at the personal electronic profile of the respective User.
7.5 VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.
7.6 VIVA PAYMENTS may provide to Users at least once quarterly, any information required for the corroboration of credits and debits of VIVA WALLET payment account and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.
7.7 Specifically, VIVA PAYMENTS must provide to the Users at least the following information:
(a)The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.
(b) the amount of a Transaction at the currency that it is debited to VIVA WALLET.
(c) The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.
(d) The potential exchange rate used for the transaction and the respective amount before its exchange.
(e) The value date for the credit of VIVA WALLET.
7.8 Upon User’s request, such information of term 7.7. is notified to the User by VIVA PAYMENTS periodically, at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store it at  a durable medium.
7.9 In the event that VIVA PAYMENTS denies to proceed to a Transaction it should inform the User about the denial as well as, if it is possible, about the reasons for denial and/ or the means of remedy unless otherwise is provided by the applicable legislation. VIVA PAYMENTS may at its discretion apply a fee for the provision of such information under the condition that the denial is objectively grounded.
7.10 Further to any obligations undertaken by the User in the framework of the Identification and Verification and Strong Customer Authentication procedure regarding the notification of data and information, as well as regarding the notification of amendments thereof, the User must also notify to VIVA PAYMENTS in writing any amendment of any information or data stated or notified to VIVA PAYMENTS in consideration and in the framework of the receipt of the Services, especially provided that it may influence their provision or receipt. The notification of these amendments are made via VIVA WALLET payment account systemically, within the day following their conclusion at the latest.
7.11 Until the aforementioned notification to VIVA PAYMENTS is concluded, the Professional User has no right to counter to VIVA PAYMENTS any allegation, objection or argument based on non-notified amendment.
7.12. VIVA PAYMENTS may deny to account information service provider or payment initiation service provider any access to User’s VIVA WALLET payment account for objectively reasonable causes related to non- authorized or fraudulent access to VIVA WALLET payment account, including any fraudulent and unauthorized payment order initiation, either by the account information service provider or payment initiation service provider. In such cases, VIVA PAYMENTS informs User for such denial to access his account and the reasons for such denial through VIVA WALLET payment account’s electronic environment or/ and with any other suitable means, upon VIVA PAYMENT’s discretion, unless such information opposes to objectively reasonable reasons for safety or to European or national legislation. If such denial reasons cease, VIVA PAYMENTS shall allow the access to User’s VIVA WALLET payment account.
8. PERSONAL DATA - CONFIDENTIALITY
 1.  Users as subjects of personal data processing, defined in accordance with article 4, par. 1 of the European General Data Protection Regulation 2016/679 (GDPR), provide their explicit consent to the keeping and processing of a personal data record by VIVA PAYMENTS. They understand, agree and accept that the processing is necessary for the performance of a contract and for compliance of VIVA PAYMENTS with its lawful obligations, as a licensed Electronic Money Institution and Data Controller of the record kept, pursuant to article 6, par. 1 (a), (b) and (c) of the GDPR, L. 2472/1997 or other relevant law as applicable from time to time.
2. As Data Controller of the record kept, pursuant to article 4, par. 7 of the GDPR, VIVA observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability, while it takes all proper technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.
3. The data regarding Users are collected directly from the Users, as well as from independent third party sources, where such data has been published. Such personal data is processed for the purpose of providing the Services requested by Users, who have the rights of information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on data kept by VIVA PAYMENTS, in accordance with the applicable laws. The content and the procedure of exercising these rights are provided here.
4. VIVA PAYMENTS may transfer the collected data and information to third parties which it has appointed as Data Processors, in accordance with article 4, par. 8 of the GDPR (e.g. infrastructure providers, data centers, cloud providers etc.), as required for the provision of the Services with the necessary guarantees of natural and technical safety, contractual terms, service level agreements, cybersecurity etc. Additionally, VIVA PAYMENTS may proceed to the interconnection of the files kept with the corresponding files kept by its affiliated companies and/ or third parties or legal persons. The Users, by accepting the terms herein provide their consent for such transfer and interconnection.
5. VIVA PAYMENTS reserves the right to proceed to further notifications and requests for the provision of consent if it deems it is necessary and in any event it will proceed to the required notifications and licensing by the competent supervisory, monitoring, judicial and police authorities.
6. Refusal to provide by the User of its consent regarding the required collection, processing, transfer of the data or the interconnection of files may result to the inability to provide the services requested by the User or the unilateral suspension of the provision of the Services, the blocking of the Available Balance of VIVA WALLET of the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.
7. The Users consent to the disclosure of their data (e.g. subscriber or user data, location data etc.) and of the content of their communication with VIVA PAYMENTS to the Organizations, Businesses and Banking Institutions which are engaged with the provision of the Services in any way whatsoever and/ or to the issuance and management of Payment Instruments and the execution of the present agreement as well as to the competent supervisory, police, tax and judicial authorities within the framework of prevention, investigation and suppression of criminal acts (as fraud, money laundering etc.).
8. VIVA PAYMENTS must retain the data of the Users and of the Transactions attempted and/ or executed via its systems for the minimum time required by the applicable legislation. That means that even in the event of definitive termination of the contractual relationship between VIVA PAYMENTS and the User for any reason whatsoever and/ or the final deactivation of VIVA WALLET and of the VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided.
9. VIVA PAYMENTS has a cookies management policy. Cookies are text files and messages of the server to the browser of the User who visits our website, which are technically required for the provision of the Services. The installation and management of Cookies is performed upon the consent of the User, in accordance with the Security and Data Protection Policy of VIVA PAYMENTS (available here), that is compliant with the, subject to be replaced by a Regulation, Directive 2009/163/EC (E-privacy). The cookies which are in principle used by VIVA PAYMENTS falls under the following categories:
1. Cookies necessary for the identification and/or maintenance of content introduced by the User when connecting to a web page, throughout the respective connection.
2. Cookies necessary to verify the identity of the subscriber or user regarding services which require verification.
3. Cookies installed for Users’ security purposes.
4. Cookies necessary for load balancing during connection to a web page.
5. Cookies that “remember” the User’s choices in relation to the web page’s display.
8.10. VIVA PAYMENTS’ Security and Data Protection Policy is incorporated by reference to these terms of Services’ provision.
8.11. VIVA PAYMENTS as well as any third-party payment services provider or any organization engaged in any way in the Service provision process (e.g., including but not limited to, credit institutions cooperating with VIVA PAYMENTS, credit institutions, International Organizations Visa, MasterCard etc.) shall be entitled to gather information and data from the information files and databases legally kept, with regard to the credibility and reliability of User and the transactions attempted thereby, as well as other persons connected to Users, directly or indirectly. Given that the access of authorized third parties to transactions’ data is stipulated in law, Users provide their explicit and unreserved consent in this respect.
8.12. VIVA PAYMENTS may proceed, subject to a prior notice to the users, to the recording of the content of its communications with the Users, with the consent of the Users for purposes of performance of a contract, the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation.
9. ALTERNATIVE DISPUTE RESOLUTION – APPLICABLE LAW
9.1 This contract shall be governed by and interpreted in accordance by virtue of the laws of Greece.
9.2 Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
9.3 User is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
9.4 VIVA PAYMENTS shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.
9.5 For dispute resolution between User and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers' Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.
9.6 In any case, any dispute that may arise between the User and VIVA PAYMENTS, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).
9.7 In the event that the dispute is not referred or is not achieved to be settled amicably or by means of an alternative dispute resolution, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Athens, Greece.
10. TERM AND TERMINATION
10.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 10.
10.2 Either VIVA PAYMENTS or the User has the right to terminate this agreement for convenience and with immediate effect, , provided that the termination has been notified in writing to the counterparty.
10.3 In the event of breach of these Terms or of the applicable legislation by the User or VIVA PAYMENTS, the counterparty of the party in default, as the case may be, has the right to terminate this agreement with immediate effect, i.e. without any prior notification being required. Especially, in case of termination hereof due to User’s default, VIVA PAYMENTS may charge an account termination fee, as set out on www.vivawallet.com (Account Termination Fee). Likewise, any of the parties has the right to terminate this agreement for material reason, with an immediate effect, i.e. without any prior notification being required. Explicitly, however indicatively, as material reason justifying termination or deactivation of VIVA WALLET payment account according to Term 10.5 are agreed suspension of VIVA WALLET for more than six (6) months, bankruptcy, liquidation, entering into receivership and in general the dissolution or cease of the business of any of the parties for any reason whatsoever, the suspicion of violation by the User of the legal and regulatory framework in relation to the  prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as applicable at all times. In such an event:
10.3.1. The party terminating the agreement has the right to set a remedy period at is sole discretion.
10.3.2. The results of the termination are effected according to article 10.2 above, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be.
10.4 As a result of the termination, and unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be:
10.4.1 VIVA PAYMENTS suspends 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. Upon termination, VIVA PAYMENTS shall transfer any Available Balance of VIVA WALLET payment account to User’s Verified Bank Account and in case there is none, User shall notify immediately to VIVA PAYMENTS a User’s bank account where the Available Balance should be transferred.
10.4.2 The operation of VIVA WALLET payment account is permanently suspended with the exception of any Transactions for the transfer of the Available Balance, whereas, upon complete transfer thereof, it is closed permanently.
10.4.3 The User is not entitled to use the Services. User’s access to its VIVA WALLET payment account as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.
10.4.4 The User
10.4.4.1 Cease the use of any material, digital or electronic, provided by means ‘loan to use’, assignment and in general without having acquired respective property of the material for the purpose of facilitating the execution of transactions, which in any event are deactivated and which should be returned to VIVA PAYMENTS.
10.4.4.2 Should provide the minimum required access to its facilities and to cooperate with VIVA PAYMENTS in order to conclude smoothly the procedure for the termination of the cooperation.
10.4.4.3 Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)
10.4.4.4 Should cease the use of the trademarks and any distinctive signs of VIVA PAYMENTS and/ of its licensors to the extent that such uses had been allowed due to the kind of transactions executed.
10.4.5. Any Repeated Credit or Debit (e.g. installments, standard orders) of VIVA WALLET and of the Payment Instruments connected thereof for which the User has given a respective order is cancelled and the User is liable to secure their prompt payment by any other means.
10.5 In the event that the results of the termination are implemented, the User’s VIVA WALLET payment account remain partially until any pending Transactions are cleared and paid, including Refunds from and to the User and VIVA PAYMENTS charges, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be. In addition, if there are pending audits, disputes or claims by VIVA PAYMENTS or third parties against the User, the User shall continue to be held liable for them even after the contract’s termination, both during the period of VIVA WALLET’s suspension as well as after permanent closure thereof.
11. AMENDMENT OF THE TERMS
11.1 VIVA PAYMENTS reserve the right to amend the Terms unilaterally, including Service Charges. Users may access the applicable Terms here. It is recommended to Users that they visit the Terms page frequently in order to be informed accordingly.
11.2 The notification of the amendment of Terms is concluded by posting the amended Terms on the official website of VIVA PAYMENTS.
11.3 Any amendment to the Terms shall apply and is valid after the lapse of two (2) months (if User is Consumer) or immediately (if User is non- consumer) from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.
11.4 In any event and within the aforementioned deadline, either of two (2) months if User is Consumer or immediately if User is non- consumer, Users who do not accept such amendment must close their VIVA WALLET payment accounts and terminate this agreement without any costs, otherwise they are deemed to have accepted the amended Terms without reservation. In such an event, the relevant Terms regarding the results of the termination apply.
12. LIABILITY
12.1 Users are liable against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to the use of the Services or due to User’s failure to comply with the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
12.2 VIVA PAYMENTS is entitled, to charge Users VIVA WALLET payment account and to receive the equivalent of any amount due by the respective User in the framework of this agreement for any reason whatsoever and to deduct such amount from the Available Balance on the date that it becomes due and onwards.
12.3 In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET payment account of the respective User is debited immediately with the said sum which is paid in priority to VIVA PAYMENTS against any other payment or debit order as soon as there is Available Balance amount.
12.4 The monetary equivalent of the Available Balance, as well as any other monetary sum paid by the User to VIVA PAYMENTS for the issuance of electronic money does not constitute a deposit or repayable funds received from the public in the sense of Article 9 of Law 4261/14 unless otherwise is provided by the applicable legislation. Additionally, the issuance of electronic money per se does not constitute acceptance of deposits, monies of other repayable funds and the payment of interest or other benefits based to the term that the User possesses electronic money is not allowed.
12.5 VIVA PAYMENTS bears no liability towards Users, consumers, payers, holder of Payment Instruments and/ or any third party to the extent that the successful, prompt and appropriate transfer of any data in the framework of any Transaction depends on the good and/ or uninterrupted operation of electronic communications networks and/ or facilities and/ or applications which are the property or are managed by electronic communication service providers and/ or network operators.
12.6 In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the User’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that User should intervene to any judicial or administrative procedure in favour of VIVA SERVICES undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.
13. SUSPENSION
13.1 VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account, as well as of any other Payment Instrument connected thereto, for reasons related to the security of their use and of the Transactions executed, or in the event that non-authorized or fraudulent use is suspected or that an increased risk that a User is unable to comply with the obligations undertaken is identified or reasonably suspected and/ or for any other reason may be provided in these Terms. Risk assessment is made according at VIVA PAYMENTS judgement. Additionally, and according to risk assessment, VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account as well as of any other Payment Instrument connected thereto for reasons imposed by the provisions of the applicable laws or in compliance with the provisions of judicial or other law enforcement authorities or for reasons that are imposed by VIVA PAYMENTS in its absolute discretion such us indicatively reasons that are related to the client’s transactional profile or the latter’s non- compliance with the Identification and Verification procedures imposed by VIVA PAYMENTS in accordance with the regulations of the supervisory authorities regarding implementation of measures of due diligence or for reasons of non- compliance with the instructions imposed by International Card Schemes. 
13.2 VIVA PAYMENTS in such a case notifies the User through VIVA WALLET account electronic profile or by any other appropriate, at its disposal, electronic medium and if possible prior to the suspension’s application otherwise immediately after its application, unless such notification or information is conflicting to any objectively justified reasons of is forbidden according to the applicable legislation. As soon as the reasons of suspension cease to exist, suspension is lifted or otherwise the Payment Instrument is replaced by a new one.
13.3 Additional suspension cases are set out in Term 10 TERM AND TERMINATION
13.4 In case VIVA WALLET payment account remains suspended for a period six (6) months VIVA PAYMENTS reserves the right to terminate this agreement with immediate effect.
14. NON ACCEPTED TRANSACTIONS – NON ACCEPTED USERS 
VIVA PAYMENTS reserves the right to notify from time to time transactions or activities that constitute non accepted transactions and therefore it is not possible to be concluded with the use of the Services and of the payment instruments issued by VIVA PAYMENTS and of the application and systems provided for the conclusion of the Services.
VIVA PAYMENTS is entitled to unjustifiably reject any application for User registration to its webpage and/or refuse to provide its services, according to objective criteria set by VIVA PAYMENTS upon its absolute discretion.
Any transactions regarding trading of financial instruments as indicatively and not exclusively Bitcoins are expressly prohibited for any User category. With regards to Professional Users (including very small enterprises) , all restrictions are listed below in the last-part of the terms provided herein. Any additional restrictions regarding unacceptable types of transactions and User categories are uploaded on VIVA PAYMENTS official website.
II. SPECIAL TERMS
VIVA PAYMENTS provide Electronic Money Issuance and Redemption Services, as well as Payment Services using electronic money issued by VIVA PAYMENTS and/or other payment instruments issued by VIVA PAYMENTS and third-party service providers.
1.  ELECTRONIC MONEY ISSUANCE AND REDEMPTION SERVICES
1.1 Issuance Services
1.1.1 VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.
1.1.2 Users may carry out Loading Transactions and debit their VIVA WALLET payment accounts with electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.
1.1.3 Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:
1.1.3.1 deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)
1.1.3.2 charging the Verified Payment Card, following a specific process indicated systemically,
1.1.3.3 payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).
1.1.3.4 charging a Payment Card, and issuing of prepaid electronic code,
1.1.4 As a result of a successful Loading Transaction, VIVA WALLET payment account of the User is credited with electronic money equal to the monetary equivalent of the amount paid to VIVA PAYMENTS for that purpose, which is issued by VIVA.
1.2 Redemption Services
1.2.1  Users, provided that they have been previously identified pursuant to Verification and Identification procedure, may conduct any Redemption Transactions and request and receive the monetary equivalent of part or of the total Available Balance kept with VIVA WALLET.
1.2.2 Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:
1.2.2.1 Transfer of the requested sum from VIVA WALLET payment account to the Bank Account notified kept in Greece.
1.2.2.2 credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.
1.2.3 As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET payment account is decrease at an amount equal to the monetary equivalent redeemed by means of concluding such Redemption Transaction including relevant expenses that burdens the Transaction as well as any other transactions required for its conclusion.
1.3 Cost of Issuance and Cashing Services
1.3.1 VIVA PAYMENTS is entitled to charge Users for Issuance Services with the fees included in the price-list effective each time which is published here  It is recommended to Users to frequently visit this webpage.
1.3.2 VIVA PAYMENTS reserves the right to charge Users for Redemption Services with the fees included in the aforementioned price-list provided that Users request redemption prior to the termination of this agreement or after the lapse of least one (1) year from the termination of this agreement. In any such case, prices will be cost oriented
1.4 VIVA PAYMENTS may cancel, amend and introduce new methods for performing Loading and Redemption Transactions, and shall notify Users of such methods through its website, their profile on VIVA WALLET payment account and/or by e-mail.
2.A. PAYMENT SERVICES
2.1 The Payment Services provided by VIVA PAYMENTS include payment transactions that may be Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.
2.1.1 Collection Services constitute
(a) the collection by the User, as payee of amounts paid by third-parties for any legal purpose, which is not carried out in the context of its professional activity, using the Payment Services of VIVA PAYMENTS and crediting the relevant User’s VIVA WALLET payment account with the equivalent of the amount paid in electronic money after having deducted any Transaction costs. The Collection Transactions which are realized in the framework of the professional activity of a Professional User are further provided below in the special terms governing such services,
(b) transfer of electronic money from a VIVA WALLET payment account to another.
2.1.2 Regarding Payment Transactions
2.1.2.1 these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET payment account and the Payment Instruments connected thereto.
2.1.2.2 the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET payment account and the respective decrease of the Available Balance of VIVA WALLET payment account with the equivalent of the amount corresponding to of each payment, burdened  with any potential Transaction costs.
2.1.2.3 Their completion requires a sufficient Available Balance at the time of execution of the Transaction.
2.1.3 VIVA PAYMENTS is entitled to deduct all charges related to the provision of the Services from any amount payable anytime, before such amount is credited to the beneficiary of the specific Payment.
2.B. PAYMENT SERVICES
                I. User, as payer is entitled to use any payment initiation services offered by payment initiation service providers to initiate payment transactions. In such case, VIVA PAYMENTS a) communicates in safety with payment initiation service providers as per the EU Regulation 2018/389 of the Committee and b) after the receipt of the payment order from the payment initiation service provider makes available to the latter any information accessible by VIVA PAYMENTS regarding payment initiation and any other information for such order execution, c) faces without discrimination any payment orders transmitted through payment initiation service providers, unless there are objective reasons for the opposite especially reasons regarding timing, prioritization or the charges, if compared with the payment orders transmitted directly by User.
II. User is entitled to use account information services that allow access to information regarding VIVA WALLET payment account. In such case VIVA PAYMENTS a) communicates in safety with account information service providers as per the EU Regulation 2018/389 of the Committee and b) faces without discrimination any payment orders transmitted through account information service providers, unless there are objective reasons for the opposite.
3. TRANSACTION LIMITS
3.1 VIVA PAYMENTS reserves the right to impose monetary limits to any type of Transactions, as well as to unilaterally modify such limits, mainly aiming at the security of Transactions and at preventing and combating money laundering and terrorist financing activities. Furthermore, for the same reasons as well as to secure its business activities, it may establish and impose monetary or other limits to Users, as the case may be. The applicable limits per type of Transaction or type of User shall be posted at the User’s profile.
3.2 Any Transaction request by the User which could result in exceeding any limit applicable is rejected.
4. DISPUTE
4.1 All Users must use VIVA WALLET payment accounts and VIVA Payment Instruments in accordance with the terms governing their issuance and use thereof and must notify VIVA PAYMENTS in writing at support@vivapayments.com immediately as soon as they note any unauthorized access to and/or use of VIVA WALLET payment account, as well as any loss, theft or embezzlement of any VIVA Payment Instruments, which may be connected therewith, or of the identification details for access to and use thereof.
4.2 In order to provide any remedy to the User, under User’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction, including any cases where payment initiation providers are also involved in the execution of the payment transactions –the respective User must have informed VIVA PAYMENTS without delay attributed to his fault or negligence, as soon as User becomes aware of such Transaction raising refund claim within thirteen (13) months from its charge at the latest. In the event that a User under the latter’s capacity as a payer denies that he or she has approved an executed Payment Transaction or argues it has not been executed correctly, he/she shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.
4.3. VIVA PAYMENTS is obliged to justify that the disputed Transaction has been authenticated, that it has been recorded in detail and registered and that it has not been affected by technical error or malfunction.
4.4. At any stage of the execution of a Transaction, VIVA PAYMENTS reserves the right to request from Users evidence and information which, at its discretion, are necessary in order to authenticate the Transaction.
4.5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, upon such notification or the acknowledgement of the non- approved transaction VIVA PAYMENTS must return to the User immediately and in any case until the end of the next business day at the latest, the amount of the unauthorized transaction, unless VIVA PAYMENTS has grounds to suspect that a fraud has taken place, where in such case, notifies the reasons to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
4.6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions
(a) up to a maximum amount of fifty (50) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments, unless the loss, theft or embezzlement of VIVA payment Instrument has not been feasible to be monitored by User before the execution of the transaction unless User has acted fraudulently or if the damage has been provoked by acts or omissions of VIVA PAYMENTS’ employee, representative or branch or any other entity to which VIVA PAYMENTS has assigned relevant activities.
(b) for total damage related to the non-authorized payment act, in so far as such damaged are due the fact that the User has acted fraudulently or in breach of term 4.1, intentionally or due to gross negligence.
4.7 The User under the capacity of the payer bears no financial consequences deriving from the use of a stolen or embezzled VIVA Payment Instrument or from the non-authorized use of VIVA WALLET payment account, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.
4.8 Any Refund to User is executed, provided that it is justified according to the Terms and the applicable legislation exclusively by crediting VIVA WALLET with the monetary equivalent in electronic money.
5. REFUNDS
5.1 In the event that VIVA PAYMENTS becomes aware of any dispute of a Collection Transaction by any payer of payment services provider or a any carrier, organization or institution cooperating with them for the purpose of executing this transaction and for any reason whatsoever (e.g. as non approved, revoked, erroneous), in execution of which the User’s VIVA WALLET payment account has been credited, the User must pay to VIVA PAYMENTS an amount equal to the disputed Transaction within the next business day from the notification of the dispute or any other deadline that VIVA PAYMENTS will set at its discretion and to provide VIVA PAYMENTS immediately and within the deadlines notified by the latter at its discretion all the information and data required for the justification of the authenticity, validity and accuracy of the Transaction. For the payment of the refunded amount the User hereby, explicitly and unconditionally authorizes VIVA PAYMENTS to proceed to the collection of the amount of disputed transaction, by charging the Available Balance of the User, withdrawal for the purpose of payment as the requested refund. 
5.2 The amount that equals to the disputed Transaction may instead of being immediately collected,  become upon discretion of VIVA PAYMENTS  a Blocked Amount during the time period starting from the notification made to the User of the request to dispute the Collection Transaction and until conclusion of the justification procedure and the User’s Available Balance is decreased accordingly.
5.3 After the conclusion of the justification procedure and provided that the amount has not been paid by the User or collected by VIVA PAYMENTS:
5.3.1 In the event that VIVA PAYMENTS considers that the Transaction was adequately justified the Blocked Amount is being unblocked,, credited and increases the Available Damage at that moment. 5.3.2 In the event that VIVA PAYMENTS considers that the User has not fulfilled the aforementioned obligations adequately and that the Transaction is not adequately justified based on the data and information submitted the Amount Blocked is debited at VIVA WALLET in order to be refunded to the payer who disputed the Transaction and therefore is entitled to it and the Balance of VIVA WALLET payment account is decreased respectively.
5.4. In the event that the User has not paid the equivalent of the disputed transaction and the Available Balance does not suffice in order to cover the Blocked Amount for that purpose or for any other purpose whatsoever, any future credit of VIVA WALLET payment account is used to cover the Blocked Amount by increasing the Balance instead of the Available Balance, until full coverage thereof. This shall not preclude VIVA PAYMENTS from claiming payment by other means judicial or extra-judicial.
5.5. In the event of a request to refund any transaction amount paid by the User due to cancelation or withdrawal from a Transaction the aforementioned procedure applies respectively. In the aforementioned framework VIVA PAYMENTS may request from the payer or/ and from the beneficiary any and all information and date justifying cancelation or withdrawal from the Transaction according to the applicable provisions, legislative or contractual.
5.6. The parties agree that a notification for refund per se addressed by VIVA PAYMENTS to the User regarding refund amounts paid for the reasons provided in the Terms constitutes a full and adequate justification of the User’s debt to VIVA PAYMENTS and its obligation to refund and repay such amount.  Furthermore, it is agreed that the abstract of the commercial and/ or accounting books kept by VIVA PAYMENTS, which may also be kept electronically, including the records relevant to the Transactions and the User's debt constitute the complete justification and proof of the User’s debt towards VIVA PAYMENTS as well as adequate justification for the fulfillment of the prerequisites for the issuance of a payment order by the court.
5.7. The User as payer is entitled to be refunded the amount equivalent to the approved payment which was made by or through the beneficiary of the payment and which although it has been already executed, provided that the following conditions cumulatively apply (a) upon approval the exact amount of the payment act was not specified and (b) the amount of the payment act exceeds the amount reasonably expected by the payment, taking into account the form, the previous expenses habits, the Terms and relevant circumstances, which may not refer to foreign exchange conversion, provided that potentially agreed parity was implemented. In such case, User shall prove that the above terms apply. VIVA PAYMENTS is obliged to return the whole amount of the executed payment transaction, and the value date for VIVA WALLET payment account credit shall not be later that the date that the account has been charged for the transaction execution. The User, as payer shall submit the refund request as per this term, within eight (8) weeks from the date of VIVA WALLET payment account’s charge with the amount of the transaction. Within ten(10) business days from the receipt of the refund request, VIVA PAYMENTS shall either return the amount of the payment transaction or to justify any rejection of such request, while indicating the entities that the User may address to if User does not accept VIVA PAYMENTS’ rejection reasons.
5.8. In the event that the User under the capacity of the payer has transferred its consent for the execution of the payment order directly to VIVA PAYMENTS and the information for future payment is notified and is available through its electronic profile or by any other means, at least four (4) weeks before the date provided, such User is not entitled to refund.
5.9. In the event that the payment order is initiated by the User under its capacity as a payer, VIVA PAYMENTS is liable against the latter for the proper execution of the payment act, unless it can be can proved that the payment service provider of the beneficiary of the payment has received the respective amount. In case of VIVA PAYMENTS liability as per this term, VIVA PAYMENTS shall return to the User with undue delay the amount of the faulty executed or unexecuted transaction, by rendering the VIVA WALLET payment account of the User to the prior situation. The value date for VIVA WALLET payment account debit shall not be later than the date when the account has been charged for such transaction. If the User provides faulty unique identifier defining the payee, VIVA PAYMENTS shall not be held liable for the non-execution or the faulty execution of the payment transaction. However, VIVA PAYMENTS shall endeavor for the collection of the mounts of such transaction and in case such collection is not possible, gives to the User, upon User’s request in writing, any information, important for the User that VIVA PAYMENTS possesses, so that the User raises any lawful claim for the collection of such amounts.  
5.10. The amount of a non-executed or erroneously executed payment is refunded to the User by the person liable as the case may be, by crediting VIVA WALLET payment account with the equivalent of the amount due in electronic money.
5.11. In the event of a non-executed or erroneously executed payment, when the payment order is made by the User under the capacity as a payer, VIVA PAYMENTS, regardless of its liability in the context of this paragraph herein, immediately tries, if requested, to detect the payment act and notifies the User for the result.
5.12. In the event that the payment order is initiated by User as payee or through the payee, the VIVA PAYMENTS is liable for the proper transfer and completion of the payment order to the payment services provider and within the deadlines provided by law and takes care in order for the amount of the payment act to be available for the beneficiary immediately after the amount is credited to the account of the beneficiary’s payment services provider.
5.13. Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.  
5.14. When a payment order is initiated by the User through payment initiation service provider, VIVA PAYMENTS, without prejudice of the terms 4.2. and 5.9 above, returns to the User any amounts of the non- executed or false payment transaction and if this is the case, renders VIVA WALLET payment account that has been charges to the situation as it was before the charge.
6. SPECIAL TERMS FOR THE PROVISION OF CARD ACQUIRING AND CLEARING SERVICES TO PROFESSIONAL USERS
6.1. With respect to Professional Users (including very small enterprises) VIVA PAYMENTS provides, further to the aforementioned Issuing, Loading, Collection and Payment Services provides also the following payment services for the conclusion of Collection Services under the following special Terms. All these services are provided by means of VIVA WALLET payment account of the Professional User the opening of which is made in accordance to the aforementioned general terms. Special procedures for the operation of VIVA WALLET which refer to Professional Users are notified each time to the Users via VIVA PAYMENTS’ internet site.
6.2 The Payment Services provided by VIVA PAYMENTS consist to the execution of Collection Transactions, i.e. to the collection by the User of monetary amounts paid by any third parties for any legitimate purpose made within the framework of their professional activity by means of using the VIVA PAYMENTS payment services and crediting of the respective User’s VIVA WALLET payment account with the equivalent in electronic money of the monetary value of the payment made each time cleared as per the potential Transaction costs applied.
6.3   The Payment Services provided by VIVA PAYMENTS refers to the acceptance and clearance of the payment made by the payer each time to the Professional User as the price for the provision of a product which is provided by the Professional User in the framework of its professional activity. This payment may be executed by the payer with the following ways and means:
6.3.1 By Using any VIVA Payment Instruments, such as electronic money, Payment Card issued by VIVA PAYMENTS, and in general by means of using payer’s VIVA WALLET payment account,
6.3.2 Using third party Payment Instruments which are accepted by VIVA PAYMENTS, such as Payment Cards issued by third parties (e.g. VISA, MASTERCARD)
6.3.3 Using cash in any of the VIVA SPOTS (‘Pay@VivaSpot or VIVA PAYMENTS representative (‘Pay@Home’)  
6.3.4 Via Bank institutions participating in DIAS DEBIT service supporting payments at the desk, Internet Banking, Phone Banking. 
6.4 The Payment Instruments which are accepted by VIVA PAYMENTS are notified each time via the web page of VIVA PAYMENTS which the User must consult frequently in order to be informed regarding any updates. In any case it shall be noted that special payment card types exclusively accepted by specific categories of Professional Users shall not become accepted by VIVA PAYMENTS.
6.5 The conclusion of the aforementioned payment actions towards the Professional Users is made both in electronic and physical environments, according to the type of the Payment Instrument used, in cooperation with the VIVA Representatives.
6.6 For the payments made by means of DIAS DEBIT channels as well as VIVA SPOTS or VIVA PAYMENTS representatives, these providers may charge Payer with further transaction expenses, according to the commercial policy they apply each time.
6.7 With respect to acceptance of Payment Cards:  
6.7.1 The acceptance of Payment Cards debiting as a means of payment by the Professional User can be executed by means of remote transactions mechanisms or physical POS provided according to the procedures set by VIVA PAYMENTS each time. The terms for acquiring and use of the physical POS are published here. The operation and management of the use of the electronic POS is made systemically via the online environment of VIVA WALLET payment account.
6.7.2 In order to conclude acceptance of Payment Cards issued in a Country different to the country where the Professional User is seated, the special approval of VIVA PAYMENTS is required which is provided at its disposal and further to the submission of the data requested by VIVA PAYMENTS.
6.7.3 In any event, for the purpose of activating the option of accepting Cards by the Professional User the prior special approval of the International Issuing Organization that issued the specific type of Card, may be required.
6.7.4 The Professional User may accept the payment of the price of a Transaction by means of Card either one off or in execution of a Recurring Transaction Order (e.g. in installments or standard orders) according to the order of the payer. In case of direct debits, unless payer’s consent has been granted to VIVA PAYMENTS, under its capacity either as payer’s payment service provider or as Business User’s payment service provider, Business User shall reassure payer’s prior consent, being himself held liable towards payer, VIVA PAYMENTS or any third party for any transaction dispute (as unauthorized under term 4 above). Any breach of such obligation by Business user, shall be considered as material reason for termination hereof with immediate effect by VIVA PAYMENTS as per term 10.4 above.
6.8 Professional User is hereby notified and accepts that for the purpose of securing credit, consolidate transactions and limit fraud related to payment instruments, the company under the name BANKING INFORMATION SYSTEMS S.A. and the distinctive title TEIRESIA S.A. (data controller), 2nd Alamanas str, 151 25 ATHENS, keeps a record where the businesses, whose contracts for the acceptance of Cards have been terminated due to breach of their obligations provided under Term 7.3  or due to bankruptcy, liquidation, compulsory administration or due to non-operation for any reason or have been dissolved, are recorded. The Professional User acknowledge and agrees that the termination of the present by VIVA PAYMENTS due to any of the aforementioned reasons entitles VIVA PAYMΕNTS  to initiate procedure for the notification of the reasons of termination of this agreement to TEIRESIAS S.A. to the interbank data record of financial/ transactional behavior which is kept by the TEIRESIAS S.A. as the data controller, which may be accessed both Card issuers and acquirers, explicitly authorized by the Professional User to for that purpose by virtue of this Agreement.
6.9 Professional User by virtue of this agreement provides VIVA PAYMENTS its consent in order for VIVA PAYMENTS to retrieve information and data from the records databases legally kept in relation to the credibility and solvency of the Professional Users and/ or of the persons participating in their business, its managers and administrators and the beneficial owners thereof.
6.10 Special terms as published from time to time here may apply per category of business activity (of Professional User).
7. Obligations of the Professional User
7.1   Professional Users, apart from the general obligations undertaken pursuant to the Terms, undertake also the following:
7.1.1 To comply with all the instructions notified by VIVA PAYMENTS from time to time both in general and also in the context of each available Service as such instructions are from time to time published here or notified to the professional User through his/her VIVA WALLET payment account or by any other electronic means
7.1.2 To proceed to all actions necessary for the identification and verification of the identity of its customers i.e. of the payers who use Payment Instruments requiring identification, such as Payment Cards. It is noted that Professional Users are exclusively liable for the accurate and adequate conclusion of the identification and verification procedure for its customer/ payer who uses such Payment Instruments as the legitimate and authorized holder of these means in compliance to the instructions of the issuer of the specific Payment Instruments with whom the Professional User has contracted in order to be able to accept it. For the avoidance of any misinterpretation Professional User is exclusively responsible for the correct implementation and compliance of its business and its agents with the identification and verification procedure as well as for the application of any necessary means in order for the Transactions to be executed by the legitimate holder of the Payment Instruments.
7.1.3 To be highly diligent with respect to the correct information of the Holder as per the Payment Card’s or any other Payment Instrument’s charging with respect to the value of the purchased products including any potential dispatch expenses.
7.1.4 Not to accept Payment Cards as a means for cash withdrawal.
7.1.5 To allow the use of the Payment Card in its transactions and refrain from setting any commercial limitations or prerequisites for the acceptance of the Card such as e.g. purchase of minimum quantities or payment of part of the price in cash.
7.1.6 To refrain from collecting, keep and/ or process and from disclosing to third party in any way whatsoever any authentication information and any other data related to the Payment Card and/ or to any other Payment Instrument and to the Transactions, either incorporated into documents or kept in electronic form and to refrain also from using such data for any reason or purpose other than the conclusion of the specific Transaction each time and the operation of this agreement.
7.1.7 To keep for any Transaction all related vouchers, as well as the identification documents of each payer, as a holder of a Payment Instrument used for the Transaction, for at least thirteen (13) months from the date the Transaction took place, in order to be able to submit them to VIVA PAYMENTS whenever this is required so for the purposes provided herein. In the vouchers of the transactions that the Professional User is required to hold, the transcript issued by POS terminals (as opposed to virtual POS) is explicitly included, provided that the Transaction was executed in such a way, as it is considered as the sole powerful evidence certifying the proper execution of the relevant transaction.
7.1.8. Exceptionally, in the event that the POS terminal does not issue a document - proof of the transaction, the proper execution of the transaction shall be established by the respective instructions and updates listed in the POS terminal, including simple message indicating the POS terminal display.
7.1.9. In case of electronic transactions through internet, Professional User shall keep his/ her e-shop in such way so that the payment procedure shall be clearly separated by the e-shop environment and be clear to the clients that the completion of each transaction by executing the relevant payment is conducted by VIVA PAYMENTS (for instance through client’s redirection from the e-shop’s webpage to a separate one for the payment).
7.1.10. To comply with the PCI DSS and any changes which may occur to those standards from time to time as published on www.visaeurope.com, www.mastercard.com and www.pcisecuritystandards.org. The Professional User agrees to comply with the PCI DSS, as required by individual Card Organisations’ security rules, such as VISA’s “Account Information Security Programme” and MASTERCARD’s “Site Data Protection Programme”, and any changes to those programmes and standards which may occur. In the event that VIVA PAYMENTS reasonably deems that the Professional User is non-compliant with PCI DSS, VIVA PAYMENTS will issue the Professional User with a noncompliance notice and the Professional User shall promptly remedy areas of noncompliance. VIVA PAYMENTS may specify a time limit for compliance and also charge a fee for noncompliance. In case that the Professional User repeatedly (to VIVA  PAYMENTS’s reasonable judgment)  fails to demonstrate its compliance with the PCI DSS and any changes which may occur to those standards within the timeframe reported to VIVA PAYMENTS’ noncompliance notice,  VIVA PAYMENTS is entitled to terminate this agreement as per clause 10.3. of General Terms hereof.
7.1.11. The Professional User must not provide, exchange or in any manner disclose a card account number, transaction, or personal information of or about a cardholder to anyone other than its acquirer or to the Card Schemes. This prohibition applies to card imprints, mailing lists, tapes, database files, and all other media created or obtained as a result of a transaction. Under no circumstances may the Professional User store in any system or in any manner discretionary card-read data, CVV/CVC, CVV2/CVC2 data, iCVV, PIN, address verification service data, or any other prohibited information as set forth in the Card Scheme Rules and PCI DSS. The Professional User will confirm to VIVA PAYMENTS in writing that all third parties that store, transmit or process transactions on the Professional User’s behalf are fully compliant, where applicable and when considered as a combined, overall solution, with such standards and programs. If at any time the Professional User determines or suspects that transaction data has been compromised the Professional User must notify VIVA PAYMENTS immediately and provide all cooperation and assistance as required by VIVA PAYMENTS or competent authorities, or Card Scheme Rules, or as VIVA PAYMENTS otherwise reasonably deem necessary.
7.2 In any event, if the Professional User proceeds to the recording and keeping of the data related to customers, Transactions, Holders and Payment Cards in electronic form, such recording and keeping must comply with the security standards PCI, DSS, AIS prescribed by the International Payment Systems.
7.3 In case of major payment security incidents, including data breaches, the Professional User shall at any time cooperate with VIVA PAYMENTS as well as any relevant law enforcement Agencies.
7.4 Professional User must refrain from the following actions in the framework of its cooperation with VIVA PAYMENTS:
7.4.1 Acceptance of Payment Cards which have already been declared as lost or stolen.
7.4.2 Execution any transaction (e.g. of actual or non-actual) without the authorization of the Holder.
7.4.3 Breach of the terms any cooperation agreement between the Professional User and VIVA PAYMENTS that are not included herein,
7.4.4 Facilitation or cause the interception and/ or leakage of date related to Cards or Transactions.
7.4.5 Actions that may constitute Money Laundering according to the applicable legislation.
7.4.6 Modification of any amounts related to the Transactions at the debit slips issued during the transactions.
7.4.7 Self financing even by means of creating non- actual transactions.
7.4.8 "Splitting" of any transaction to several transactions.
7.4.9 Provision of inaccurate data and information to VIVA PAYMENTS and or its agents
7.4.10 Execution of transactions justified by means of a non- actual approval.
7.4.11 Excessive number of chargebacks/ disputed Transactions
7.5 In the event of termination of the parties cooperation any terms related to ‘Refunds; survives termination and remain effective.
8.  Maximum Transactions Limit
In addition to the general terms related to ‘Transaction Limits’, the following also applies to the Professional Users:
8.1 Η VIVA PAYMENTS may set and notify to the Professional User a Maximum Transaction Limit. The conclusion of Transactions the value of which exceeds such limit require the prior approval by VIVA PAYMENTS. The Maximum Transaction Limit may be set per service provided and/ or by Payment Instrument and is notified to the Professional User each time by VIVA PAYMENTS. VIVA PAYMENTS reserves the right to request the Professional User at its discretion further information, in order to proceed to the readjustment of the maximum limited applicable to that Professional User.
8.2 Any Transaction using the same Payment Card or other Payment Instrument, within the same day, of a cumulative value that exceeds the Maximum Transaction Limit applicable each time are not acknowledged as valid unless the respective approval has been provided.
8.3 It is explicitly forbidden to split the value of a Transaction to several parts the sum of which exceeds the Maximum Transaction Limit applicable each time. Breach of this obligation results to the non-acknowledgement of such transactions as valid and the application of the aforementioned provisions under 8.2
8.4 In the event of concluding a Transaction in excess of the Maximum Transaction Limit, VIVA PAYMENTS is not obliged to pay the relevant amount to the Professional User and may proceed to the Blocking Amount. Any such amount paid to the Professional User is subject to a refund from the User in accordance to a respective application of the obligations and the procedure provided above under the provisions regarding Refunds.  
9. Payment of the Professional User
9.1 VIVA PAYMENTS settles any payment transactions of User as payee that took place through VIVA PAYMENTS’ acquiring services on any day, and credits the respective amounts to User’s VIVA WALLET account as per the Payout Schedule, as published on www.vivawallet.com. VIVA PAYMENTS is entitled to unilaterally amend such Payout Schedule indicatively due to transactions safety reasons or for reasons attributed indicatively to systems or procedures applied by Card Schemes as well as  for reasons provided in the term 9.2. below.
9.2 The Payout Schedule  provided in the previous paragraph may be extended any time and acknowledged to the Professional User in writing through his VIVA WALLET payment account User Interface in any of the following events:
(a) In the event of breach of the terms by the Professional User and as long as such breach is investigated by VIVA PAYMENTS in accordance with the applicable legislation.
(b) In the event that the value of Transaction is under the status of Blocked Amount.
(c) In the event of conducting Transactions \which entail a high risk for VIVA PAYMENTS and/or the financial system in general, such as, indicatively and not exclusively, Collection Payments where payment is made by means of Payment Card and refers to the provision of postdated services (i.e. services the provision of which is not concluded upon payment of the respective fee, but either are perpetual or are provided at a posterior date), a high rate of Charge-backs, refunds, or other indications of performance problems related to the use of the VIVA PAYMENTS’ acquiring services.
In such cases, as referred under (a), (b) and (c) above VIVA PAYMENTS reserves its right to take adequate and sufficient measures, according to its assessment and judgement, aiming at safeguarding Transactions, its business, as well as the business of cooperating entities of the financial system, such as to indicatively to block the amount which was credited the Balance of VIVA WALLET of the Professional User  and make it available by unblocking it proportionally and following the provision of the service to which the amount refers to and until its completion or/and require the Professional User to provide other kind of adequate and sufficient warranties in order to safeguard the payment of amounts equivalent to any request for refund to the payers/ end users etc. VIVA PAYMENTS is entitled to withhold an amount from the User’s Available Balance as kept in his VIVA WALLET payment account and/or accrue a reserve on User’s behalf (a “Rolling Reserve”) to secure the performance of User’s payment obligations.
9.3 Credit of the Available Balance of VIVA WALLET payment account with the equivalent of the Collection Transactions concluded and cleared by means of using the Payment Services of VIVA PAYMENTS and provision of the ability to use or redeem is subject to the Professional User’s compliance with the Terms and the instructions notified by VIVA PAYMENTS and subject to unblocking any Blocked Amounts according the procedures applicable by VIVA PAYMENTS and the present Terms. VIVA reserves the right to refuse recognition of any Transactions made in breach of the Terms  hereof or that entail high risk for VIVA PAYMENTS or/ and the financial system in general, according to VIVA PAYMENTS’s checks for transactions security, and to proceed to the procedure regarding Refund provide in the present term.
9.4 The Professional User must keep record including copies of the Transaction data in order for the verification of VIVA WALLET debits and credits to be possible as well as their reconciliation with the Transactions concluded and their justification in case of a request for Refund, providing relevant copies to VIVA PAYMENTS if and when requested.
9.5 If the  Professional User  acts as a VIVA Representative also, then herein he provides the explicit and unreserved authorization to VIVA PAYMENTS  to set off  any amounts  due to the Professional User under this contract with any amounts  related to his debt to VIVA PAYMENTS under Viva Representative’s  contract concluded between the parties, by crediting the Professional User’s VIVA WALLET payment account with the relevant amounts.  
10. VIVA FEES
10.1  The transaction costs due to VIVA PAYMENTS including applicable taxes is deducted automatically from the amounts of the Collection Transactions the price of which was charged by means of using any VIVA PAYMENTS’ Services according to these terms, prior to their payment and credit of VIVA WALLET respectively. VIVA PAYMENTS may impose additional fees to the Professional User in case of breach of Professional User’s obligations hereunder (i.e. for fraudulent transactions or for the investigation thereof). These fees are published on www.vivawallet.com.
10.2 The Professional User is informed in relation to the concluded Transactions and the respective debits and credits of the Balance and the Available Balance electronically via VIVA WALLET payment account management tool.
10.3 VIVA PAYMENTS is not responsible to pay the Professional User and the latter must refund to VIVA PAYMENTS immediately and in compliance with the Refund procedure which applies accordingly any amount which corresponds to Transaction that:
10.3.1 The respective products were not delivered or not received incompliance to applicable legislation or were non delivered in due time or as agreed or the services purchased were not rendered totally or partially or where not appropriately provided.
10.3.2 The products were returned due to withdrawal.
10.3.3 Before the receipt of the products the consumer states that wishes the total or partial cancelation of the order or the Payment Instrument used for the conclusion of the Transaction was canceled for any reason, the relevant order is canceled of the future.
10.3.4 Was made in breach of the obligations undertaken with the present terms as well as the instructions with which the Professional User must comply with.
10.3.5 Was not realized by the legitimate holder to the Payment Instrument used or by the latter’s legitimate representative, the respective burden of proof is born by the Professional User.
10.4 For that purpose the Professional User provides the explicit and unreserved authorization to VIVA PAYMENTS to debit the Balance and receive from the Available Balance of VIVA WALLET payment account the relevant amounts upon emergence of the aforementioned reasons also by means of setting off such amount with any potential amounts due to the Professional User.
10.5 The parties acknowledge and agree that the official accounting records and any recording made in VIVA WALLET payment account concluded by VIVA PAYMENTS in compliance with these Terms and the instructions notified from time to time constitute complete and adequate prof of any amounts due from the Professional User to VIVA PAYEMENS, which cannot be disputed by the Professional User, with the exception of dispute for obvious mistakes.
10.6 If the Professional User accepts also other payment instruments similar to those provided by VIVA PAYMENTS, in cooperation with other payment service providers who impose costs for their services either to the Private User/Consumer or to the Professional User or to both, VIVA PAYMENTS may follow similar pricing policy, transferring unilaterally, and according to each specific case, the imposed costs to the respective party (see here). The decision of modifying the cost of services is based on criteria defined by VIVA PAYMENTS in its sole discretion such us indicatively, avoidance of confusion of the Private User/Consumer and provision of an objective assessment of the imposed costs on payment instruments offered to the market and the need of compliance with the relevant legislative amendments. Any such modification imposed by VIVA PAYMENTS has immediate effect and is notified to the respective user, Private User/Consumer or/ and Professional User. The Professional User declares that he acknowledges and accepts unreservedly the possibility of VIVA PAYMENTS to amend the imposed costs and that he accepts the current price list in relation to the services provided as mentioned hereinabove, and in case that the relevant cost is transferred to him, he provides to VIVA PAYMENTS the unreserved authorization to charge the Professional User with the amounts mentioned in accordance with these terms and conditions.
11. Liability of the Professional User against consumers
11.1  .1 The Professional User has the exclusive diligence and is exclusively liable regarding the adequacy, the truth and accuracy of the information provided to the consumer in relation to the products, its business and activity in any way such information are provided or published.
11.1.2. Professional Users conducting e-commerce shall support solutions allowing customers’ strong authentication for their transactions through internet by using their cards. The combinational insertion of (at least two) elements of exclusive knowledge, ownership or their inner characteristics, as provided under Bank of Greece’s Executory Committee’s Act 59/18.01.2016 shall be considered as strong authentication of customers.
11.2 VIVA PAYMENTS has no liability with respect to the compliance of the Professional User with any of its obligations towards the consumers which derives from the applicable legislation e.g. from the provisions regarding consumer protection, distance selling agreements, data protection.
11.3 Professional User acknowledge and accept that according to ar. 4 and 4a of L. 2251/1994 the consumer is entitled to withdraw with no reason from any transaction made in conclusion of distance selling agreement within fourteen (14) days from the date of receipt of the product ordered, unless a longer deadline was agreed, by returning the product at its initial condition and to the extent possible with respect to the type of the product and according to the applicable legislation, without the consumer being burdened with any cost except the cost for returning the product. In such a case the Professional User must return the respective amount corresponding to the price of the Transaction within thirty (30) days.
11.4 The Professional User must provide the products without defects in due time, diligently and by taking all measures for the protection of the consumers and their declared intention.
11.5 VIVA PAYMENTS is liable in any way whatsoever with respect to the non-fulfilment of any order made by any consumer/ customer of the Professional User, non-delivery or non-provision or not appropriate and in due time delivery or provision of the products, or for any faults or lack of agreed features of the products ordered. Any respective dispute between the Professional User and the interested client/ consumer in this respect will be settled between them.
11.6 Transactions which has as a subject products which falls into the categories include in the list of “Non Accepted Clients” as provided below is forbidden to be concluded by means of VIVA PAYMENTS. In the event that the Professional User proceed to a Transaction in breach of this prohibition the provisions regarding ‘Refund’ apply respectively and VIVA PAYMENTS may proceed to the interruption of the provision of services to the Professional User without any further notice being required.
12. Trademarks and distinctive Marks
12.1 VIVA PAYMENTS and its licensors are the sole proprietor and beneficiary of the trademarks and distinctive marks in general, either registered or not, used by VIVA PAYMENTS for the distinction of the same and its services.
12.2 VIVA PAYMENTS may grant Professional Users a specific license to use the aforementioned trademarks and distinctive marks in general, for the purpose of communicating to the consumers its cooperation with VIVA PAYMENTS, the options such cooperation offers them and promoting the use of these options in the framework of the transactions they perform.
12.3 Further to the aforementioned special license that VIVA PAYMENTS may grant to the Professional User, the latter, throughout the term of cooperation with VIVA PAYMENTS, must post the trademarks and distinctive marks licensed for that purpose at a visible place of its Website and/or at the Physical point of sale, and shall mention in all promotional activities the option to acquire and pay for purchased products by using the options offered by VIVA PAYMENT Services, unless otherwise agreed between the parties. In any event, the aforementioned actions of the Professional User should be performed under the guidance of VIVA PAYMENTS.
12.4 It is explicitly agreed that the Professional User only acquires the right to use the trademarks and distinctive parks of VIVA PAYMENTS pursuant to the special license to be provided for their use in this framework and for the operation of the cooperation between the parties and for as long such cooperation is effective
12.5 It is explicitly stated that any Cards’ trademarks are the exclusive property of the international Card organizations (Mastercard International or Visa International or Diners International or American Express etc.) and their licensors. Therefore, the Professional User does not acquire any right upon such trademarks and distinctive marks, except from any right to use such marks which may have granted by the proprietor or the beneficiary for the purpose of serving the cooperation with VIVA PAYMENTS and/ or the Bank Institutions and Organisations issuing Cards.
13. NON ACCEPTED CLIENTS
According to the “ACCEPTED CLIENTS POLICY” VIVA PAYMENTS does not provide Payment Services to the following categories of Businesses of products or services. Any person who requests the provision of Services by VIVA PAYMENTS solemnly declares that it does not fall into any of the following categories.
1. Casinos and betting companies operating without license or supervision, including online betting companies.
2. Virtual Banks and Financial Services providers not legally licensed
3. Natural Persons or legal entities who provides pawn broker services
The below categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.
The completion of any Professional User’s registration to this webpage shall not entail VIVA PAYMENTS’s obligation to provide its Services to this Professional User. Upon receipt of any required information and documents for the Verification and Identification of Professional User’s identity and business activity, VIVA PAYMENTS is entitled upon its sole discretion to deny the provision of its Services to this Professional User for reasons attributed to transactions security. 
By accepting hereof, Professional User consents to the use by VIVA PAYMENTS of his/ her trade name and the fact of cooperation with the latter in any advertising and informative material (document, electronic or/ and on TV) published by VIVA PAYMENTS exclusively for advertising reasons and for the promotion of its activities.
Unacceptable categories of unacceptable products/product services Examples Weapons Firearms, ammunition, as well as other items including but not limited to firearms, disguised, detectable or Switchblade knives, martial arts weapons, silencers, ammunition, weapons and tear gas. Pyrotechnic Devices and Hazardous Materials Fireworks and related products. Toxic, flammable and radioactive materials and substances, gunpowder and explosives. Pornographic Material and Services. Pornography and Escort or Dating services. 
Pornographic material involving minors, or any content that may be construed as pedophilia. Drugs and Pharmaceutical Compounds Controlled substances, drugs, illegal drugs and drug paraphernalia, including psychoactive and plant-based drugs, such as salvia and magic mushrooms, as well as any materials for promoting their use. Legal substances, such as plants or herbs, which if ingested, inhaled, extracted or otherwise used give a compound producing the same effects as of an illegal drug. Gaming/Gambling Lotteries, sports betting non legitimately licensed, participations-register in direct game connection, as well as any other related content. E-money Products and Services E-money Cards as well as any other related products & services. Financial Services and Payments Instruments e.g. indicatively but not limited to Crowdfunding services, trading of Bitcoins etc. Precious Materials Massive sale of rare or precious metals or stones. Prescription Drugs and Medical Devices Medicines or other products requiring prescription by an authorized physician or veterinarian. Medical devices requiring special license for their distribution. Drugs tested as aids. Miraculous Treatments Unfounded treatments or other items as easy solutions for health. Mass Marketing Tools E-mail lists, software or other products permitting unsolicited e-mail messages (spam). Animals & Plant Seeds Animal parts, blood or fluids and toxic weeds. Any seeds of plants or other organisms are prohibited (including derivatives endangered or protected by law). Copyright and Software Copies of books, music, films and any other non-licensed material, including copies Unauthorised copies of software, video games and more. Devices or Techniques for Circumvention of the Technical Protection Measures Mod chips or other devices for circumvention of the technical protection measures for digital devices, as well as for the unlocking of iPhones. Financial or Other Products, Services, Securities and Mortgage-backed Securities Investments, refinancing or transfer of non-collectible debt, stock market disbursements, payment orders, traveler’s checks, stocks, bonds or other related financial products, securities, shares of collective investment associations, credit services, services regulated or prohibited according to the applicable laws. Government IDs, Documents or Uniforms Government IDs, passports, diplomas, titles of nobility, as well as uniforms. Hacking and Cracking Materials Manuals, guides, information or equipment violating the laws impairing or permitting unauthorized access to software, servers, web pages or other protected items. Human Parts Organs or other parts of the human body, body fluids, stem cells, embryos. Stolen Goods Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods that they do not own or for which they have no power of sale, as well as products produced in violation of any rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions, goods listed in public registers (such as real property), the transfer of which requires formalities that may not be completed, from a legal aspect, online. Illegal Telecommunications Equipment The aids intended for the acquisition of cable and satellite signals for free. The cable descramblers and black boxes, access cards, smart access cards and unloopers, illegal tools or products for modification of mobile phones and other devices, deemed illegal by the competent regulatory authorities of the country where such goods are offered for sale. Multi-level Marketing and Wealth Creation Programs Multi-level marketing (including online payment randomizers), matrix, pyramid and Ponzi schemes, wealth creation programs, as well as all similar programs. Offensive Goods Goods, literature, products or other materials that:
Defame or slander any person or groups of people based on their race, ethnicity, national origin, religion, gender or other factors.
Defame or slander any person or groups of people protected against defamation or slander by the applicable legislation Encourage or incite violent acts.
Promote bigotry and hatred.
Encourage or support participation in terrorist groups or other organizations prohibited by law.
Promote revisionist theories prohibited by the applicable legislation.
Violate accepted principles of morality. Criminality Photographs, images or items, such as personal belongings, associated with criminals or criminal acts. Adjustable Goods Airbags and batteries containing mercury, freon or similar substances of cooling, chemical and industrial solvents. Medical procedures. Vehicle titles, vehicle number plates, police badges, medical devices, pesticides and insecticides, and more. Protected Cultural Items and Works of Art Material covered by the 1970 Convention of UNESCO on prohibition and prevention of illicit import, export and transfer of ownership upon cultural property, as well as of any other relevant good, the sale, export or transport of which is restricted by law. Artifacts, cave formations (speleothems, stalactites, stalagmites etc.) and tombs related to items protected by national and federal laws. Traffic Devices Radar jammers, signs, traffic signal converters and related products. Academic Papers and Test-taking Services Dissertations and academic papers. Offers for test-taking services. 14. CBD MERCHANTS
In addition to the above mentioned terms of VIVA PAYMENTS, the following special terms apply to this category of merchants:
1. CBD Merchant(s) : any freelancer or legal entity that is operating in the field of  sales of products containing cannabidiol -CBD- and / or tetrahydrocannabinol  -THC- (hereinafter referred to as "CBD products") and holds a professional VIVA WALLET account, in accordance with the terms and conditions of VIVA PAYMENTS as published on www.vivawallet.com.
2.  Obligations of CBD merchants: every CBD merchant acknowledges and accepts  expressly and unreservedly the following:
I. All the CBD products, which are sold through the physical store and/or the online store, are completely legal and have all the features and specifications, complying with the provisions of the applicable legislation (such as - indicative and not exclusively – legal percentage of content of tetrahydrocannabinol -THC- in each product, extract of the plant of the Cannabis sativa L. variety exclusively , prohibition of cannabis seeds sale, allowed channel of sale, instructions and provisions of Novel Foods Authorization, etc)
II. He will not knowingly sell CBD products to purchasers who are under the age of 18 years old and this should be properly marked.
III. He will not follow marketing or advertising practices that are contrary to the current legislation (indicative and not exclusively, provisions of advertising tobacco products) and poses a risk / confusion / deception to the consumers (indicatively and not exclusively,  fake references to product features healing diseases or epidemics such as COVID-19 etc)
IV. He will provide VIVA PAYMENTS with all the necessary documents evidencing the legality of the products that the CBD merchant sells (such as - indicatively and not exclusively - laboratory reports of the products).
3. Liability : The CBD merchants are solely liable for the legitimacy of the CBD products 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 CBD merchant’s failure to comply with the current legislation and regulation, the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
4. Compensation : 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 CBD merchant’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 CBD merchant should intervene to any judicial or administrative procedure in favour of VIVA PAYMENTS 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.
Given that certain states or jurisdictions do not allow the exclusion or limitation of liability for indirect damages, in such states or jurisdictions, the liability of VIVA PAYMENTS is limited to the maximum extent permitted by law.
15. Special Conditions applying to specific business sectors
Car, motorbikes, recreational boating rentals
The Professional User is obliged to limit the value of the transaction charged to the customer’s payment card as to include only the fee for the rental of the transportation or recreational means, as indicated in the relevant rental agreement. Charges via payment card should include only the amount directly related to the rental of means of transport or recreation and not other causes such as, but not limited to, damage resulting from accidents, property damage, fines or loss of profit. The Professional User is obliged to insure the transportation or recreational means provided for rental, for all related risks, otherwise the Professional User will bear the risk of physical or property damage and general liability
In case of payment card billing for advances on postdated (future) rental of transportation or recreational means to the customer, VIVA PAYMENTS reserves the right either to refuse   clearance of the transaction or proceed to pledging of the amount of the transaction, to be released upon receiving the return receipt, issued by the Professional User and hand signed by the customer upon the return to the rental company of the means of transport or recreation.
Hotels
Charging payment cards for reservations through VIVA PAYMENTS may be performed within the existing legal framework (Article 8 L.1652 / 10.30.1986) subject to written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Hotel printed in the language of the client accompanied by photo-copies of (a) customer’s ID or passport, (b) customer’s payment card, front face only, with the middle digits of the cards number covered.
In case of payment card billing for advances on postdated (future) hotel / rooms to let service to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction which will be released upon receiving the check-out form, issued by the Professional User and hand signed by the customer.
16. Special Conditions applying to keyed-in transactions
In case of keyed-in transactions being explicitly permitted, the Professional User is obliged over and above of the usual identification and verification of the customer as a legitimate owner and user of the payment card, to proceed to the following actions:
receive the handwritten signature of the customer on the document of the transaction (receipt or invoice or order form etc.) and maintain signed document for a period of 12 months
compare customer’s signature on the transaction document with the sample on customer’s identification card or passport
note and maintain customer’s name, address, telephone number and electronic mail address (e-mail)
In case of discrepancy between the data on the payment card and the identification documents of the customer or doubt regarding the legality of possession of a payment card, Professional User is obliged to refuse the transaction and immediately notify VIVA PAYMENTS.
Depending on the outcome of VIVA PAYMENTS transaction screening process or the transactions distinct characteristics, VIVA PAYMENTS may request from the Professional User and the Professional User must provide VIVA PAYMENTS with the document of the transaction, signed by the customer, a photocopy of customer’s ID or passport, a photocopy of customer’s payment card, front face only, with the middle digits of the cards number covered and written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Professionals Users establishment, printed in the language of the client.
17. Special Terms for Professional Users operating through e-commerce platforms  
In case of card transactions settlement for Professional Users operating through e-commerce platforms, VIVA PAYMENTS will credit to Professional User’s VIVA WALLET payment account the value of each transaction, reduced by the amount corresponding both to VIVA Fees, as defined in the terms and conditions, and to e-commerce platform fees, as agreed each time between the Professional User and the platform. 
The Professional User: 
i) acknowledges that the amount of platform’s fees  as deducted each time, is agreed exclusively between the Professional User the e-commerce platform, 
ii) mandates the e-commerce platform to notify to VIVA PAYEMENTS the agreed amount of its fees so that VIVA PAYMENTS proceed to the relevant deduction and credit to e-commerce platform and 
iii) acknowledges and accepts that VIVA PAYMENTS proceeds to the relevant deduction only upon and according to platform’s instructions and as such VIVA PAYMENTS bears no liability for the amount finally deducted. Any dispute regarding the amount of deducted fees shall be resolved exclusively between the Professional User and the e-commerce platform.





Terms & Conditions for the Issuance, Provision and Use of VIVA Company Debit Card & VIVA Employee Debit Card
These terms (hereinafter the ‘Terms’) govern the provision and use of business debit cards Viva Company Debit Card and Viva Employee Debit Card (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou – Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece. 
Any natural person or legal entity (hereinafter “Merchant”), that holds a business payment account (hereinafter “Linked Account”) with VIVA PAYMENTS may request to be provided i) with Viva Company Debit Card, which is granted only to Merchant’s legal representative, and ii) with one or more business Cards, Viva Employee Debit Cards, which are granted to any person/s (e.g.  employees) authorized by Merchant, upon Merchant’s relevant instructions to VIVA PAYMENTS. 
The Card is linked to the Merchant’s Linked Account and enables the Cardholder to perform i.  cash withdrawals from Automated Teller Machines (ΑΤΜs) and ii transactions with merchants and organizations bearing MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or remotely, (hereinafter i and ii called collectively  «Transactions»).
1. Card Issuance and Provision
1.1. The Card is issued by VIVA PAYMENTS in personalized plastic with the name of the Cardholder as indicated by Merchant to VIVA PAYMENTS. VIVA PAYMENTS is entitled to reject Merchant’s request for the provision of the Card for reasons which will be notified to the Merchant. The issuance of any Card requires prior successful verification of Merchant’s Linked Account.
1.2. Each Card is sent deactivated by mail to the postal address declared by Merchant via the Linked Account’s electronic environment. VIVA PAYMENTS bears no liability for any failure of Merchant or the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.
1.3. As soon as the Card is received by the Cardholder, he must sign on the back side of the card and activate it electronically, through Linked Account’s electronic environment  which is accessible by the Cardholder with passwords and verification codes, to the extent allowed by Merchant, for Card management and monitoring, in accordance with the procedure set by VIVA PAYMENTS.
1.4. Activation of the Card results to the unconditional acceptance of the Terms by both Merchant and Cardholder.
1.5. Based on these terms, Merchant shall not request to VIVA PAYMENTS to issue more than one (1) Card in the name of same natural person as Cardholder.
1.6. The Merchant acknowledges that any Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of certain value  as defined by MasterCard and consents to obtain the Card with such feature.
2. Personal Identification Number (PIN)
2.1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic environment of Merchant’s Linked Account, in a special field, accessible only by the Cardholder , with his personal passwords and authentication codes, pursuant to the term 1.3 above.
2.2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any PIN leak.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card is considered gross negligence of the Cardholder.
2.3.  VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.
3. Use of the Card- Transaction Limits
3.1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, as authorized representative of the Merchant, who must use it diligently and in compliance with the applicable legislation and the Terms of Use hereof, always to the extent of power granted by the Merchant. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card. The Merchant is exclusively liable towards VIVA PAYMENTS for the use of the Card by the Cardholder. The Merchant must ensure that the card is used exclusively by a person that has been authorized as Cardholder. Each transaction performed with the use of the Card is presumed to be performed by the Cardholder, duly authorized by the Merchant, in the name and on behalf of the latter, unless VIVA PAYMENTS has received notification for the opposite, by virtue of the below term 5.3. 
3.2 The use of the Card for performing any transactions requires the existence of an active Linked Account that is held by the Merchant, the operation of which has not been suspended for any reason whatsoever, and the existence of available balance, adequate for covering the transaction’s value plus any additional charges resulting from its completion.
3.3. VIVA PAYMENTS is entitled to set, per type of transaction, Daily and/ or Monthly Transactions Limits, which are notified to the Merchant through the Linked Account’s electronic environment and which the Cardholder must apply in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder, the Merchant and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message delivered electronically to the  Linked Account’s electronic environment, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).
3.4. Merchant may request VIVA PAYMENTS to change the above Daily Transactions Limit for any of the cards issued in its name; VIVA PAYMENTS is entitled to decide on such request to its absolute discretion. left to the absolute
3.5. Regardless of the Limits in the above term 3.3., the Merchant may set through the management tool of its Linked Account, special limits of use (quantitative or others) for any of the Cards issued in its name.
4. Term of Card – Renewal - Suspension
4.1 The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.
4.2. The Merchant may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the Τerms hereof.
4.3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Merchant for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Merchant or the Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.
5. Security
5.1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Merchant’s Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.
5.2. In the event of leakage of the Card details, or, provided that the Cardholder or/and the Merchant become aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at (+30) 2117604000 or at 13855 (local charge). Such notification serves as the Merchant’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Merchant and the Cardholder are fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leakage of its details; until such notification, they shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder or the Merchant before the conclusion of the non- approved Transaction (unless Cardholder or Merchant has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Merchant and the Cardholder.
5.3. The Merchant and the Cardholder shall be liable without limitation for any damage, if they did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.
5.4. Without prejudice to terms 5.2. and 5.3., Merchant and /or Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Merchant/ Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund Merchant with Transaction’s value at the latest by the end of the next working day from the date of Merchant’s/ Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Merchant’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.
5.5. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Merchant. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.
6. Transactions
6.1. The Cardholder may use the Card in combination with the PIN to perform transactions with Merchants and cash withdrawals from ATMs, provided that the above term 3 is observed.
6.2. In case of a transaction with a Merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder written on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After the conclusion of the transaction in any way by the Cardholder, the Merchant provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Merchant’s Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.
6.3. In the event of use of the Card for the performance of transactions in foreign currency, the Merchant will be burdened with the relevant conversion fee as mentioned in the current price list of VIVA PAYMENTS.
6.4. VIVA PAYMENTS bears no liability in relation to issues pertaining to the transactional relationship between the Cardholder or/and the Merchant and the contracting Merchant (merchant of products or/and services) and any third party and accordingly bears no liability towards the Cardholder and the Merchant for actions or omissions of the Merchantes or other organizations which they transact with. Therefore, the Merchant and the Cardholder have no right to raise against VIVA PAYMENTS any allegation, objection or claim they may have against any third party in relation to transactions that were performed with the use of the Card and the Merchant will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.
6.5. The Merchant unreservedly acknowledges that the Cardholder’s transactions with the use of the Card in the name and on behalf of the Merchant are performed within the framework of its entrepreneurial activity and that the Cardholder makes them by virtue of a special authorization granted by the Merchant. The non-fulfilment of the requirements set in this paragraph cannot be opposed against VIVA PAYMENTS by the Merchant.
7. Cardholder’s certification MasterCard® ID Check™
7.1. Especially regarding online transactions and for the protection of the Cardholder and the Merchant from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Merchant or the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.
7.2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.
7.3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction, the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.
7.4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.
7.5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.
7.6. In case of suspicion or detection by the Cardholder or the Merchant that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder or the Merchant, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder and the Merchant must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder or the Merchant, constitutes gross negligence on their behalf and therefore they shall be fully liable for all unauthorized transactions and they shall be obliged to pay their full value without any limitation whatsoever.
7.7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.
7.8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.
7.9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Merchant by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).
8. Term – Termination – Cancellation
8.1 This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account of the Merchant. No matter how this agreement is terminated, in such event the Card will be cancelled.
8.2 The Merchant has the right to terminate this agreement in writing, subject to a prior notification of one (1) month. In the event that a material reason exists or if the Merchant does not accept the amendment of the Terms made by VIVA PAYMENTS in accordance with these terms, the Merchant may terminate the present agreement in writing without any prior notification. In any case, the already accrued and existing obligations of the Merchant by the time of termination shall not be affected by the latter and shall survive it.
8.3 VIVA PAYMENTS is entitled to terminate this agreement, subject to a prior notification of one (1) month. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.
8.4 All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder or/and the Merchant is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.
8.5 The Merchant may at any time, by way of a request filed by its legal representative and transmitted electronically through www.vivawallet.com, proceed with the cancelation of the Card.
8.6 The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The rights of VIVA PAYMENTS to manage the transactions performed with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Merchant’s Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.
8.7 After the cancelation of the Card and/ or the termination of this agreement the Card is deactivated, and its plastic body Card must be returned destroyed by the Merchant to VIVA PAYMENTS.
9. Charges – Subscription
9.1 The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Merchant, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Merchant’s Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement. 
9.2 Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Merchant through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference.
9.3 By accepting these Terms, the Merchant accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Merchant does not accept the fees, it may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.
10. Other Terms:
10.1 The Merchant shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time.
10.2 For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Merchant’s representatives or the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as their location and movement data. The Merchant must ensure the consent of its said representatives and of the Cardholder for the above recording and the Merchant acknowledges and accepts that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place.
10.3 VIVA PAYMENTS is entitled to set off any amounts owed by the Merchant that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.
10.4 VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Merchant accordingly. If the Merchant disagrees with the amendment, it may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Merchant by means of personalized systemic communication in written form, sent via the management tool of the Merchant’s Linked Account at least one (1) month prior to the suggested date of application of the amendment. If the Merchant does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of one (1) month it shall be deemed that it consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.
10.5 VIVA PAYMENTS is not liable for any damage incurred by the Merchant or/and the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behaviour or gross negligence.
10.6 The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.
10.7 The Merchant declares that:
a) itis able to enter into agreements with VIVA PAYMENTS for the granting of the Card within the framework of these terms,
b)the natural person that applies for the issuance of the Card, accepts these terms on the Merchant’s behalf and shall set limits to its use in accordance with the above term 3.5, he/ she is the Merchant’s legal representative and acts within the framework of the representation power granted by the Merchant and that he/she is lawfully authorized by the latter to bind the Merchant within the framework of these terms,
c)at the time of acceptance of these terms, no change or amendment in the legal form of the Company orin its legal representation have occurred.
11. Personal Data:
11.1 The Merchant must ensure that the Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR.
The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.
11.2 The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Merchant from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website. 
11.3 VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms and the Merchant must ensure that the Cardholder consent to such transfer. Also, the Merchant must ensure that the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Merchantes and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement. 
11.4 If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, then the Card will not be possible to be used by him/her.
11.5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.
11.6. VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.
11.7 VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.
12. Notifications:
Any notification, application or communication by VIVA PAYMENTS to the Merchant within the framework of the transactional relationship governed by the present Terms, will be made to the Merchant with an electronic message in the management tool of the Linked Account. The Merchant must notify VIVA PAYMENTS in writing and without undue delay regarding the change of its address and of its other details. Any notifications by the Merchant to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@www.vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Merchant by phone at (+30)2117604000 or at 13855. The Merchant is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.
13. Governing Law – Jurisdiction:
The transactional relationship of VIVA PAYMENTS and the Merchant regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the User that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Merchant’s Linked Account, which the Merchant has accepted through its legal representative and which govern the wider relationship of the Merchant with VIVA PAYMENTS, will apply. The Merchant declares that before the acceptance of these Terms, it was informed and accepted all General and Special Terms of Transactions of its Linked Account, the present statement certifying such acceptance.
14. Complaints Procedures and Alternative Dispute Resolution
14.1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
14.2. The Merchant is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
14.3. VIVA PAYMENTS shall endeavour to answer in writing or electronically to the Merchant within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Merchant stating the reasons for such delay and setting a deadline within which the Merchant shall receive the final answer. In no case may such deadline for the final answer exceed thirty-five (35) working days from the complaint receipt.
14.4. For dispute resolution between Merchant, Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Merchant may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.
VIVA PAYMENT SERVICES SA
is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.


TAKO
CONDITIONS GENERALES D’UTILISATION
INTRODUCTION
Les présentes conditions d’utilisation (les « CGU ») ont pour objet de régir l’ensemble des relations entre la société TRIPERZ SAS et les Utilisateurs de son site internet (accessible à l’adresse www.tak-o.com), de l’Application et des Services, tels que ces termes seront ci-après définis.
La société TRIPERZ SAS est une société par actions simplifiée au capital de 491.130 euros immatriculée au Registre des Commerces et des Sociétés de Paris sous le numéro 813 624 046, dont le siège social est situé 224, boulevard Voltaire – 75011 Paris (la « Société » ou « TRIPERZ »).
La Société est joignable par courrier à l’adresse de son siège social, par téléphone au numéro suivant : 07.69.97.13.31 ; ou par courrier électronique à l’adresse suivante : contact@tak-o.com
La Société propose des services de mise en relation (matching) entre usagers d’entreprises de taxis souhaitant partager une course, permettant le remboursement entre les passagers utilisateurs desdits services (les « Utilisateurs »),via un portefeuille électronique intégré géré par un prestataire externe, la société VIVAWALLET, de la quote-part du montant dû pour le chemin parcouru ensemble (les « Services ») ainsi que des services de géolocalisation et commande de taxis via l’intégration d'API propriétaires et de l’API développée et mise à disposition par l’Etat Français et la mission  Etalab Cette opportunité est rendue possible par la mise en œuvre d’un système d’information opéré par la mission Etalab au sein du secrétariat général pour la modernisation de l'action publique (SGMAP), pour le compte du ministère de l'intérieur. Ce registre de disponibilité est dénommé «le service» dans la suite ; la mission Etalab, le responsable du traitement»
Les Services sont accessibles via une application mobile développée et fournie par la Société (l’« Application »).
Il est d’ores et déjà précisé que la Société n’est qu’un intermédiaire se limitant à mettre en relation les Utilisateurs entre eux ainsi qu’à faciliter l’accès des clients aux Taxis, grâce à la mise à disposition de données de localisation  interprétées au travers des API et d’un registre national de géolocalisation et de disponibilités des taxis. La Société est donc extérieure à la prestation de transport et aux relations contractuelles entre les Utilisateurs entre eux et entre les Utilisateurs et les prestataires de transport.
La course issue de la mise en relation (entre usagers ou entre l’usager et le prestataire de transport) est effectuée par des entreprises de transport accréditées, pour leur propre compte, et la prestation de transport demandée par les usagers est exécutée sous la seule responsabilité des dites entreprises de transport.
Les Utilisateurs sont seuls responsables du paiement de la course et de la bonne exécution des transactions entre eux ou avec le prestataire de transport, étant précisé que la Société met en œuvre tous les moyens à sa disposition pour assurer le bon déroulement desdites transactions entre Utilisateurs.
 En utilisant l’Application et/ou les Services, l’Utilisateur conclue un contrat avec la Société et accepte sans réserve les présentes CGU. L’utilisation de l’Application et/ou des Services est conditionnée à cette acceptation, qui se fait au moment de l’inscription de l’Utilisateur.
La Société se réserve le droit, comme bon lui semble, de modifier à tout moment les présentes CGU, ou de modifier, suspendre, limiter ou cesser à tout moment tout ou partie des Services ou de l’Application, sans avertissement préalable et sans que sa responsabilité puisse être engagée.
Toute nouvelle version des CGU est mise en ligne et consultable par les Utilisateurs sur le site internet de la Société ou dans l’Application. L’acceptation des nouvelles conditions générales se fait directement sur l’Application ou le site internet de la Société lors de la connexion suivant la mise à jour des CGU.

ARTICLE 1 – INSCRIPTION
Pour bénéficier d’un accès à l’Application et aux Services, l’Utilisateur doit s’inscrire via l’Application et y créer un compte personnel, accessible par mot de passe/code de confirmation.
L’utilisation des Services et de l’Application est réservée aux personnes majeures au jour de leur inscription. L’Utilisateur s’engage à fournir des informations complètes, exactes et à jour quant à son identité et ses coordonnées, à les actualiser si nécessaire, et à fournir ses coordonnées bancaires si nécessaires à la réalisation du service demandé (i.e. partage de trajet, course de taxi payée dans l’application via les services mis à disposition par la société VIVAWALLET).
L’Utilisateur accepte informatiquement lors de son inscription l’ensemble des présentes CGU, ainsi que celles de ses partenaires (VIVAWALLET, Registre des disponibilités Taxis,…) étant entendu qu’elles peuvent être modifiées à tout moment par la Société.
L’inscription à l’Application et la création d’un compte entraîne automatiquement, dans le cas de l’utilisation du service de mise en relations entre usagers à des fins de partage de trajets, la création d’un compte auprès de la société VIVAWALLET, prestataire externe de paiement de la Société, ainsi que l’acceptation sans réserve par l’Utilisateur des conditions générales d’utilisation de VIVAWALLET  intégralement reproduites ci-après, en annexe des présentes CGU.
En s’inscrivant et en utilisant l’Application et les Services, l’Utilisateur accepte :
de n’utiliser l’Application ou les Services que pour son seul usage personnel et de ne pas les revendre à un tiers ; de ne pas autoriser des tiers à utiliser son compte personnel ; de ne pas céder ou transférer autrement son compte à un tiers ; de ne pas utiliser l’Application ou les Services à des fins illégales ; de ne pas utiliser l’Application ou les Services afin de nuire à des tiers ; de ne pas perturber l’Application ou les Services d’une quelconque façon ; de ne pas copier ou distribuer l’Application ou tout autre contenu de la Société sans autorisation écrite de celle-ci ; de veiller à la fiabilité et à la confidentialité du nom d’utilisateur et du mot de passe de son compte permettant d’accéder à l’Application ou aux Services; d’adresser à la Société une preuve d’identité que la Société pourrait raisonnablement demander ; de ne pas utiliser l’Application ou les Services avec un téléphone incompatible ou interdit ; de ne pas envoyer de messages non sollicités ; de ne pas publier de contenus infractionnels, obscènes, diffamatoires ou autrement illégaux ou délictuels ; de ne pas envoyer des contenus contenant des virus, chevaux de Troie ou autres codes informatiques, fichiers, scripts ou programmes nuisibles ; de ne pas entraver ou interrompre l’intégrité ou le bon fonctionnement du site internet, de l’Application ou des Services ou des données qu’ils contiennent ; de ne pas harceler ou porter atteinte à la vie privée ou à l’intégrité physique ou morale des autres Utilisateurs ; de respecter toute la législation applicable. Dans le cas où les informations fournies par l’Utilisateur lors de la création ou de la modification de son compte seraient erronées, ou en cas d’utilisation ne respectant pas les présentes CGU, la Société se réserve le droit de résilier immédiatement le compte, de façon temporaire ou définitive, et de lui refuser l’accès à la Plateforme. L’Utilisateur est seul responsable de la gestion et de l’utilisation de son compte.
En cas de résiliation d’un compte, la Société n’est pas responsable des opérations en cours et éventuels paiements restants dus par l’Utilisateur dans le cadre de l’utilisation du service de mise en relations entre passagers à des fins de partage de trajets. Le sort du compte VIVAWALLET de l’Utilisateur dont le compte TAKO a été clôturé est indépendant et sera déterminé conformément aux conditions générales d’utilisation de VIVAWALLET.
En cas de violation des présentes CGU, la Société pourra engager des poursuites judiciaires et faire appel aux autorités policières et coopérer avec elles afin de poursuivre les Utilisateurs contrevenants.
ARTICLE 2 – UTILISATION DE L’APPLICATION
L’Application permet à un Utilisateur d’envoyer une demande de mise en relation avec un autre Utilisateur cherchant également à partager un taxi et permet également à un Utilisateur d’envoyer une demande pour une prestation de transport immédiate auprès des prestataires de transports se déclarant libres dans le « registre des disponibilités » au moment de la demande ou se déclarant libres dans le registre des disponibilités propre aux API de la Société.
Dans le cas de l’utilisation du service de partage de trajets l’Utilisateur renseigne son adresse de destination et le récepteur GPS du téléphone portable sur lequel l’Application a été téléchargé détecte l’emplacement de l’Utilisateur et recherche un autre Utilisateur géographiquement proche souhaitant partager une course. L’Application propose aux Utilisateurs les autres potentiels Utilisateurs en recherche d’une course. Une fois les Utilisateurs mis en relation, un lieu de rendez-vous est défini par l’Application et proposé aux Utilisateurs.
 Une fois la mise en relation effectuée, les Utilisateurs sont entièrement libres de partager ou non la course, le rendez-vous pouvant être annulé à tout moment par les Utilisateurs.
 Si les Utilisateurs qui ont été mis en relation décident de partager la course, ils le signalent dans l’Application, qui se place alors en mode course. L’Application indique alors, en fonction des adresses de destinations, lequel des Utilisateurs devra descendre en premier, ainsi qu’une estimation du prix de la course et une estimation du montant du remboursement par l’Utilisateur descendant en premier de sa quote-part du montant dû à l’autre Utilisateur, correspondant au chemin parcouru ensemble.
Les Utilisateurs doivent indiquer au transporteur les adresses de destinations, dans l’ordre calculé et indiqué dans l’Application.
L’Utilisateur descendant en premier doit renseigner dans l’Application, au moment de la descente, le montant de la course, tel qu’indiqué sur le compteur du taxi. Un écran demandera à l’Utilisateur descendant en premier de confirmer le montant indiqué. Une dernière confirmation de la course lui sera ensuite demandée, cette confirmation entraînant le paiement à l’Utilisateur descendant en second d’une quote-part de 50% du montant indiqué à la descente, outre le paiement de tout éventuel supplément (bagage, etc.), ainsi que la commission de la Société, d’un montant fixe d’un (1,99) euros et quatre vingt dix neufs cents TTC par Utilisateur (hors offre de lancement ou promotionnelle) et par course.
Aucun paiement en liquide ne doit intervenir entre les Utilisateurs (la Société ne pouvant savoir, dans ce cas, le montant des sommes payées).
L’Utilisateur descendant en second doit régler l’intégralité de la course au chauffeur, par ses propres moyens, et recevra automatiquement de l’autre Utilisateur, via le système de portefeuille électronique VIVAWALLET, le remboursement de ladite quote-part de 50% du montant de la course à la descente du premier Utilisateur, outre les éventuels suppléments (bagage, etc.), déduction faite de la commission de la Société, d’un montant fixe d’un (1,99) euros et quatre vingt dix neufs cents TTC par Utilisateur (hors offre de lancement ou promotionnelle)et par course.
Dans le cas de l’utilisation du service de géolocalisation et de commande de taxis l’Utilisateur, au moment de sa connexion voit apparaître l’ensemble des taxis disponibles autour de lui, le temps nécessaire au taxi le plus proche pour prendre en charge l’Utilisateur, ceci étant rendu possible par l’utilisation du récepteur GPS du téléphone portable sur lequel l’Application a été téléchargée. L’Utilisateur déclenche la commande auprès du prestataire de transport après avoir cliqué sur les boutons « Commander ici »,« Commander ce Taxi », « Commander ». Cette action notifie les prestataires de transports de la demande qui doivent accepter ou refuser la demande de l’Utilisateur. Lorsque le prestataire a confirmé la demande, l’Utilisateur attend à l’endroit de la commande que le prestataire vienne le prendre en charge. En cas d’attente prolongée, l’Utilisateur a la possibilité de contacter le prestataire directement grâce à la fonctionnalité « Contacter le taxi » présente à l’écran.
A la fin de son trajet, l’Utilisateur est invité a noté la prestation fournie (Etoiles) dans l’Application grâce à la fonctionnalité intégrée. L’Utilisateur doit s’acquitter du montant indiqué au compteur à la fin de la prestation soit en espèces soit en Carte de Crédit soit directement dans l’Application selon le mode de paiement sélectionné précédent la validation de la « Commande ». Il est entendu que le paiement effectué dans l’Application n’est rendu possible que si une Carte Bancaire valide est enregistrée dans l’Application et auprès des services VIVAWALLET, via les systèmes API intégrés dans l’Application.
Une fois la mise en relation effectuée, l’Utilisateur est entièrement libre d’annuler la course à tout moment, étant entendu que cette possibilité doit être utilisée avec parcimonie afin de ne pas influer sur le bon déroulement de l’activité des prestataires de transport.
ARTICLE 3 – RECLAMATIONS
Toutes les réclamations des Utilisateurs devront être adressées à l’adresse électronique suivante : contact@tak-o.com.
Dans le cadre du service de mise en relation entre Utilisateurs à des fins de partage de trajets, en cas de désaccord, d’absence de réseau de téléphonie mobile, ou pour toute autre raison, l’Utilisateur descendant en second aura la possibilité, au moment de la descente de l’autre Utilisateur, de prendre une photographie, via une fonctionnalité intégrée dans l’Application, du compteur du taxi. Cette photographie sera géo-localisée, datée et envoyée sur les serveurs sécurisés de la Société pour pouvoir, le cas échéant, être contrôlée en cas de différend.
En cas de différend lié à un paiement erroné, si et seulement si une photographie lisible du compteur a été prise par l’Utilisateur étant descendu en second (ce qui permettra de rapporter à la Société la preuve du montant de la course et du caractère erroné du paiement), montrant une erreur entre le montant saisi dans l’application et le montant affiché au compteur supérieure à deux euros, la Société s’engage à transmettre un ordre de paiement rectificatif à son partenaire VIVAWALLET, au débit du compte électronique de l’Utilisateur étant descendu en premier, vers le compte électronique de l’Utilisateur lésé étant descendu en second, correspondant au paiement d’un éventuel complément dû.
Il est entendu que cet ordre de paiement ne fait pas de la Société un gestionnaire pour compte de tiers, la Société se limitant à transmettre un ordre de paiement à son partenaire VIVAWALLET dans le cadre de son rôle d’arbitre entre Utilisateurs, les fonds ne transitant jamais par la Société et ne faisant l’objet d’aucune commission au bénéfice de cette dernière.
A cet égard, les Utilisateurs délèguent à la Société le droit d’arbitrer les différends pouvant survenir entre eux, d’effectuer les ordres de paiements rectificatifs nécessaires, et de s’y soumettre.
En cas de paiement rectificatif, tous les éventuels frais additionnels, notamment de VIVAWALLET, seront à la charge de l’Utilisateur prélevé.
Si un différend devait persister entre les Utilisateurs, la Société pourra, à sa discrétion, mettre en place une procédure de conciliation entre eux et tenter de régler le différend, mais ne sera pas responsable en cas d’échec de ladite conciliation.
En cas d’absence de photographie du compteur, l’Utilisateur descendant en second ne pourra pas adresser de réclamation à la Société.
L’Utilisateur descendant en premier est entièrement responsable du montant renseigné dans l’Application au moment de la descente. La Société ne pourra être tenue pour responsable en cas d’erreur de saisie (étant précisé que VIVAWALLET  a fixé une limite de paiement consultable en annexe ; voir conditions générales de VIVAWALLET en annexe aux présentes CGU).
 ARTICLE 4 – PAIEMENT
Le téléchargement de l’Application est gratuit.
Chaque course partagée effectuée grâce à l’Application donnera lieu au paiement d’une commission unique à la Société d’un (1,99) euros et quatre vingt dix neufs cents TTC par Utilisateur (hors offre de lancement ou promotionnelle).
La commission sera prélevée, après chaque course et après confirmation des Utilisateurs, sur les portefeuilles électroniques de ces derniers ouverts auprès de VIVAWALLET, au moment de la réalisation de la transaction.
Pour l’ensemble des services disponibles au sein de l’Application les Utilisateurs sont entièrement responsables du paiement de la course auprès du taxi, la Société étant étrangère à la relation contractuelle entre les Utilisateurs et l’entreprise de transport et ne pouvant jamais être considérée comme étant une partie à ce contrat. Dans le cadre du service de partage de trajets, la Société ignore l’identité de l’entreprise de transport et l’immatriculation du véhicule concerné.
Il est en effet rappelé que la Société n’est pas un fournisseur de services de transport. Il appartient au transporteur d’offrir les services de transport qui peuvent être demandés par le biais de l’utilisation de l’Application ou des Services. La Société agit simplement en tant qu’intermédiaire entre les Utilisateurs. La prestation de services de transport par le transporteur est donc régie par le contrat conclu entre les Utilisateurs et le transporteur.
Les Utilisateurs sont responsables du paiement en temps opportun de toutes les sommes dues.
VIVAWALLET, prestataire externe de paiement de la Société, débitera les comptes de carte de crédit des Utilisateurs qui ont été communiqués lors de l’inscription. Ces coordonnées bancaires doivent être valides à tout moment. Les paiements effectués ne sont pas remboursables.
ARTICLE 5 – ABSENCE DE DROIT DE RETRACTATION
Conformément à l’article L. 121-21-8 du Code de la consommation, le présent contrat ne peut donner lieu à l’exercice d’un droit de rétractation, et en utilisant l’Application et les Services, l’Utilisateur renonce expressément à l’exercice dudit droit à rétractation.
ARTICLE 6 – RESPONSABILITE
La Société ne sera pas responsable d'éventuels dommages découlant de l’utilisation de l’Application ou des Services. Les Utilisateurs utilisent l’Application et les Services sous leur propre responsabilité. Le paiement de la prestation de transport relève exclusivement de la responsabilité des Utilisateurs.
Dans le cadre du service de mise en relation entre Utilisateurs à des fins de partage de trajets, ainsi que dans le cadre du service de mise en relation pour une commande immédiate entre Utilisateurs et Prestataires de transport dès lors que l’option paiement dans l’application a été sélectionnée, la Société met en œuvre tous les moyens à sa disposition pour assurer la sécurité desdites transactions entre Utilisateurs, via son prestataire externe VIVAWALLET. La Société est tenue d’une obligation de moyens à cet égard.
Il est rappelé que la Société n’est qu’un intermédiaire et que la prestation de transport relève entièrement de la responsabilité du transporteur qui fournit les services de transport. La société décline toute responsabilité relative aux services de transport fournis par le transporteur. Toute réclamation au sujet des services de transport fournis par le transporteur devra par conséquent être adressée à celui-ci.
Dans le cadre du service de mise en relation entre Utilisateurs à des fins de partage de trajets,  l’Utilisateur descendant en premier est entièrement responsable du montant renseigné dans l’Application. La Société ne pourra être tenue pour responsable en cas d’erreur de saisie.
Dans le cadre du service de mise en relation pour une commande immédiate entre Utilisateurs et Prestataires de transport, l’Utilisateur a l’obligation de payer le montant de la course tel qu’affiché au taximètre de son prestataire de transport, étant entendu que l’estimation de prix fournie préalablement à la commande, n’est qu’une estimation dépendant de l’état du trafic et du trajet emprunté lors de la réalisation de la prestation de transport.
La Société décline toute responsabilité en cas d’erreur due au système de paiement de son prestataire extérieur VIVAWALLET.
La Société ne garantit pas que son site internet et son Application sont exempts de défauts, d’erreurs, de logiciels malveillants ou de virus.
La Société ne peut être tenue responsable en cas de difficultés techniques telles que le mauvais acheminement du courrier électronique, l’interruption des communications électroniques ou l’altération de l’utilisation de l’Application.
 La Société n’est pas responsable du coût téléphonique ou du coût généré par la transmission des données dans le cadre de l’utilisation de l’Application ou des Services par les Utilisateurs.
ARTICLE 7 – PROPRIETE INTELLECTUELLE
La Société est seule propriétaire des droits de propriété intellectuelle liés à l’Application et aux Services. Les Utilisateurs n’ont aucun droit de propriété sur le site internet de la Société, l’Application ou les Services. Le nom, le logo et les dénominations de produits de la Société associés à l’Application et aux Services sont des marques de la Société, de ses sociétés liées ou de tiers. La Société n’accorde aucun droit ou aucune licence d’utilisation de ces marques.
La marque « TRIPERZ »/ « Tako »/ « TAKO » est notamment la propriété exclusive de la Société, et a été enregistrée par cette dernière auprès de l’INPI sous le numéro: 4212215 & 4332622
Les noms de domaine suivants sont également la propriété exclusive de la Société : triperz.com ; triperz.fr ; triperz.co ; triperz.org ; tak-o.com ; tak-o.fr ; tak-o.eu ; tak-o.org
La Société accorde à l’Utilisateur une licence limitée, non exclusive et incessible lui permettant de voir, télécharger et imprimer tout contenu de la Société, uniquement pour son utilisation personnelle et non commerciale.
Concernant l’Application, la Société accorde à l’Utilisateur une licence limitée, non exclusive et incessible permettant à ce dernier de télécharger et d’installer une copie de l’Application sur son téléphone portable, et d’utiliser cette copie de l’Application à titre personnel uniquement.
L’Utilisateur ne bénéficie d’aucune autre licence et d’aucun autre droit portant sur les droits de propriété intellectuelle détenus ou contrôlés par la Société.
L’Utilisateur ne peut pas copier, modifier, distribuer, concéder une sous-licence, céder, afficher ou présenter en public, reproduire, transmettre, transférer, diffuser ou exploiter de quelque manière que ce soit l’Application, le site internet de la Société et leurs contenus, sauf accord écrit de la Société.
Il est interdit à l’Utilisateur d’accorder une licence ou sous-licence, de céder, transférer, distribuer, exploiter commercialement ou mettre à la disposition de tiers l’Application ou les Services d’une quelconque façon ; de créer des liens électroniques vers l’Application ; d’accéder à l’Application afin de créer un produit ou un service concurrent ; créer un produit en copiant des idées, caractéristiques, fonctions ou images similaires de l’Application ou des Services ;copier des idées, caractéristiques, fonctions ou images du service ou de l'application ; d’entraver de quelque manière que ce soit le fonctionnement ou les performances de l’Application ou des Services.
La Société pourra permettre aux Utilisateurs de poster des contenus (remarques, opinions, commentaires, suggestions et autres informations) sur le site internet ou par le biais de l’Application. Les contenus des Utilisateurs seront considérés comme non confidentiels et communs. Par conséquent, la Société disposera du droit non exclusif, sans redevance, d’utiliser, copier, distribuer et divulguer à des tiers lesdits contenus des Utilisateurs à toutes fins, par tout moyen et dans le monde entier.
La Société agit comme un simple intermédiaire pour la publication de contenus d’Utilisateurs et n’est pas responsable envers les Utilisateurs ou un quelconque tiers des contenus ou de l’exactitude des contenus des Utilisateurs. La Société ne contrôlera pas en permanence les contenus des Utilisateurs et ne jouera pas un rôle de modérateur entre Utilisateurs.
Ces contenus seront utilisés aux seuls risques des Utilisateurs.
Les Utilisateurs déclarent que les contenus publiés ne violent pas les droits de propriété intellectuelle de tiers, de droits à la vie privée ou de droits de la personnalité, et qu’ils ne contiennent pas de propos diffamatoires.
Les Utilisateurs garantissent la Société et ses filiales contre l’ensemble des frais, dépenses, dommages, et pertes subis par la Société ou ses filiales du fait d’un contenu posté ou transmis sur le site internet ou l’Application.
La Société se réserve le droit, comme bon lui semble, de bloquer ou supprimer, en tout ou en partie, un contenu si elle l’estime non conforme aux présentes CGU.
Les partenaires de la Société demeurent les propriétaires exclusifs de leurs marques respectives.
Les Utilisateurs transfèrent définitivement et irrévocablement tous les droits de propriété intellectuelle liés aux photographies prises des compteurs de taxi via l’Application.
Les présentes CGU concernent uniquement les relations entre les Utilisateurs et la Société. En cas de téléchargement via des plateformes de téléchargement telles que l’Apple Store ou Google Store, les conditions applicables à ces plateformes s’appliqueront.
ARTICLE 8 – PROTECTION DE LA VIE PRIVEE ET DONNEES PERSONNELLES
La Société collecte et traite de manière automatisée des informations à caractère personnel des Utilisateurs de l’Application et des Services (informations de contact, données de localisation, données relatives aux transactions, données de connexion, messages échangés entre Utilisateurs, etc.)
Ces données ne sont exploitées par la Société que dans le strict cadre de l’exécution des Services. La Société s’engage à prendre toutes les mesures nécessaires à la protection des données personnelles des Utilisateurs. La Société s’engage à ce titre à ne pas partager ou divulguer ces données à des tiers, exceptés aux Utilisateurs et uniquement dans le cadre de l’exécution des Services, sauf en cas d’accord exprès de l’Utilisateur.
La Société pourra en effet, après avoir préalablement recueilli l’accord des Utilisateurs par une case à cocher au moment de l’inscription, communiquer ou céder les données personnelles anonymisées des Utilisateurs à des tiers à des fins commerciales. Les Utilisateurs pourront toujours s’opposer à la divulgation de leurs données personnelles en cochant la case disponible à cet effet dans l’interface compte de l’Application ou du site internet.
La base de données personnelles exploitée par la Société a fait l’objet d’une déclaration auprès de la CNIL sous le numéro : 1898898 v 0.
Droit d’opposition, d’accès et de rectification : en application de la loi n°78-17 du 6 janvier 1978 modifiée par la loi n° 2004-801 du 6 août 2004 relative à l’informatique, aux fichiers et aux libertés, chaque Utilisateur dispose des droits d’opposition, d’accès et de rectification des données le concernant. Un Utilisateur peut ainsi exiger que soient rectifiées, complétées, clarifiées, mises à jour ou effacées les informations le concernant qui sont inexactes, incomplètes, équivoques ou périmées. Un Utilisateur peut exercer ce droit à tout moment en contactant la Société depuis l’Application ou le site internet.
Droit d’effacement et droit de réserve de sauvegarde : à la clôture du compte Utilisateur, que cette clôture soit du fait de l’Utilisateur ou de la Société, l’ensemble des données relatives à ce compte sont effacées ou rendues anonymes. Les opérations tendant à effacer ces données pourront toutefois être différées pour des besoins de facturation ou de recherche, de constatation et de poursuite d’infractions pénales dans le seul but de permettre la mise à disposition de ces informations à l’autorité judiciaire.
Données d’utilisation : par l’acceptation des présentes CGU, l’Utilisateur accepte que la Société recueille, conserve, traite, utilise et transmette ses données de connexion, de transactions et de traçabilité aux fins de mesures d’audience, de réalisation de son activité et de constitution d’une base de données.
L’Application, dans le cadre du service de mise en relation entre Utilisateurs à des fins de partage de trajets ne fournit que le prénom, la photographie de profil, et permet ainsi de conserver un certain anonymat entre Utilisateurs, ces derniers étant bien évidemment libres de lever ce relatif anonymat, si bon leur semble. Dans le cadre du service de géolocalisation et de commande de taxis, l’Application ne fournit que le numéro de téléphone au prestataire de transport afin de permettre la rencontre la plus rapide possible, étant entendu que le prestataire ne doit pas conserver ces données pour quelque raison que ce soit, sauf à la demande expresse de l’Utilisateur.
L’Application demandera l’autorisation à l’Utilisateur d’accéder aux données de localisation de son téléphone portable.  L’Utilisateur pourra autoriser ou refuser cette collecte. En cas de refus, l’utilisation de l’Application ne sera pas possible.
Les visiteurs du site internet acceptent l’utilisation de cookies et reconnaissent qu’ils peuvent les refuser en modifiant les paramètres de leurs navigateurs.
ARTICLE 9 – CESSION
L’Utilisateur ne peut pas céder ses droits dans le cadre des présentes CGU sans autorisation écrite préalable de la Société.
ARTICLE 10– DUREE ET RESILIATION
Le contrat est conclu entre l’Utilisateur et la Société pour une durée indéterminée.
En cas de manquement par l’Utilisateur à ses obligations telles que définies par les présentes CGU, la Société se réserve le droit de résilier immédiatement, de façon temporaire ou définitive, son compte et de lui refuser l’accès à l’Application ou aux Services.
L’Utilisateur qui ne souhaite plus bénéficier des Services de la Société ou accéder à l’Application peut à tout moment demander la résiliation de son compte en contactant la Société depuis le site internet ou l’Application, puis supprimer l’Application depuis son téléphone portable.
Les données de son compte seront alors effacées à l’exception de celles nécessaires aux respects des obligations légales, comptables et fiscales de la Société
Le solde du compte VIVAWALLET sera déterminé conformément aux conditions générales d’utilisation de VIVAWALLET  figurant en annexe aux présentes CGU.
ARTICLE 11 – DROIT APPLICABLE ET JURIDICTION COMPETENTE
Les relations contractuelles entre la Société et les Utilisateurs sont régies par le droit français.
En cas de litige relatif aux présentes CGU, les tribunaux de Paris auront compétence exclusive.
 
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Annexes
Terms & Conditions
Business
Ι. General Terms
ΙΙ. Special Terms

Debit Card
Issuance, Provision & Use


VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, is a lawfully licensed Electronic Money Institution pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof under number 1.
VIVA PAYMENT SERVICES SA
is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Rue des Deux Églises 14, 1000, in order to carry out its services in Belgium.
has an established branch registered under no. AE3222, notified to Central Bank of Cyprus, located in Nicosia, 121, Prodromou Ave., Hadjikyriakion Building 1, 6th Floor, Office 611, Strovolos, in order to carry out its services in Cyprus.
has an established branch registered under no. 10671810967, notified to Bank of Italy, located in Milan, Largo Augusto 8, in order to carry out its services in Italy.
has an established branch registered under no. J40/3557/18.03.2019, notified to National Bank of Romania, located in Bucharest, 21, Emanoil Porumbaru Str., District 1, GF , in order to carry out its services in Romania.
has an established branch registered under no. 85052925600016, notified to Prudential Supervisory Authority and Resolution (ACPR), located in Paris, 5, Rue Etienne Marcel, in order to carry out its services in France.
has an established branch registered under no. 73594229, notified to De Nederlandsche Bank, located in Amstelveen, Van Heuven Goedhartlaan 13d, in order to carry out its services in Netherlands.
has an established branch registered under no. 0000774637, notified to Polish Financial Supervision Authority, located in Warsaw, 10a Skierniewicka Street , in order to carry out its services in Poland.
has an established branch registered under no.980649382, notified to Bank of Portugal, located in Lisbon, Rua Castilho 13D, 6ºA 1250-066, in order to carry out its services in Portugal.
has an established branch registered under no. W0091174C, notified to Banco de España, located in Madrid, Calle Orense 8, floor 7C, zip code 28020, in order to carry out its services in Spain.
has an established branch registered under no. 09 361/7298, notified to Finanzmarktaufsicht (FMA) located in Vienna Simmeringer Hauptstrasse 24, A1110, in order to carry out its services in Austria.
has an established branch registered under no. 3647135MH, notified to Central Bank of Ireland located in Dublin, Block 3, Harcourt Centre, Harcourt Road, D02 A339, in order to carry out its services in Ireland.

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

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

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

1. DEFINITIONS
For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.
PAYER: The natural person or legal entity which gives anyhow a payment order (indicatively through the payment account that he holds, etc)
PAYEE: The natural person or legal entity who is the intended recipient of funds which have been the subject of a payment transaction.
PAYMENT TRANSACTION: An act, initiated by the payer or on his behalf or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.
Payment Order: An instruction by a payer or payee to VIVA PAYMENTS requesting the execution of a payment transaction.
VIVA WALLET Payment Account: The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which  the VIVA WALLET account of the User as payee is credited with electronic money corresponding to the monetary equivalent to which the User is legally entitled, as further specified by VIVA PAYMENTS. 
PAYMENT TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the User, as payer, pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to User’s VIVA WALLET account, as further specified by VIVA PAYMENTS. 
LOADING TRANSACTION: A transaction attempted and/or executed by the User intended to the issuance of electronic money by VIVA PAYMENTS, by paying to the latter an amount equal to the monetary value to be issued, and to be further debited to VIVA WALLET payment account. 
REDEMPTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money debited as Available Balance in User’s VIVA WALLET account, through collection of the respective amount and decrease the Available Balance accordingly.
DIRECT DEBIT: a payment service for debiting User’s VIVA WALLET payment account, where the payment transaction is initiated by the payee on the basis of the consent given by the User to the payee, to the payee’s payment service provider or VIVA PAYMENTS, as User’s payment service provider,  
BLOCKED AMOUNT: Any electronic money amount, debited in User’s VIVA WALLET account, which is blocked by VIVA PAYMENTS as security of the same and/ or of third-parties receiving or providing payment services (e.g. dispute of a transaction, pending User’s Verification- Identification process e.t.c.) which the User is not entitled to use for his transactions until released. 
BLOCKED TRANSACTION: Any transaction the amount of which is not credited and therefore not available to the beneficiary due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any entities cooperating with the latter or any competent third party  for any reason whatsoever and/ or (c) the procedure for the certification of the identity of the respective payee or payer is pending, and for as long as these conditions continue.
PENDING TRANSACTION: Any Transaction for which completion is pending. 
USER: Any natural person (over 18 years old with full capacity to transact) or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms, either as payer or as payee. 
SERVICES: The electronic money issuing and redemption services, as well the payment services provided by VIVA PAYMENTS to the Users, as specified and notified from time to time by VIVA PAYMENTS. 
BALANCE: The overall monetary equivalent to electronic money, which is displayed as loaded to VIVA WALLET payment account, which, apart from the Available Balance, also includes all Pending Transactions, Blocked Amounts and any potential non-cleared credits or debits for any reason whatsoever; 
AVAILABLE BALANCE: The monetary equivalent to electronic money debited in any VIVA WALLET payment account, which is available for the conclusion/ execution of Payment and Redemption Transactions. 
PRIVATE USER: Any User making use of the Services to perform transactions that do not fall within the scope of the User’s professional/ business activity. 
PROFESSIONAL USER: Any User making use of the Services to perform transactions that fall within the scope of the User’s professional/ business activity. 
CONSUMER: as defined in L. 2251/1994 as in force. Any very small enterprises as defined below are considered as Consumers.
VERY SMALL ENTERPRISE: Any enterprise that, when accepting the terms hereof, shall fall within the scope of article 2 para.9 of L. 2251/1994.
PAYMENT INSTRUMENT: any personalised device and/ or set of procedures agreed between User and the payment service provider and used in order to initiate a payment order.
VIVA PAYMENT INSTRUMENT: the payment instrument defined in EU Directive 2015/ 2366 as effective and which is issued by VIVA PAYMENTS and may be incorporated in an electronic, digital, paper or magnetic medium, or even be intangible (indicatively and not exclusively VIVA debit cards). 
REPEATED TRANSACTION ORDER: any order given by a User to VIVA PAYMENTS authorizing the latter to conclude specific transactions repeatedly, which the User has preapproved as per their amount, or/and their type or/ and their frequency.
VIVA PAYMENTS BANK ACCOUNT: The Bank Account kept by VIVA PAYMENTS at an EEA well known credit institution, which is notified in writing to the User for the purposes hereof. 
VERIFIED BANK ACCOUNT: The active bank account kept in the name of a User at a well-known Greek credit institution, and regarding which the User has been identified as legal beneficiary, in accordance with the procedure set out in the Terms. 
VERIFIED PAYMENT CARD: An active, prepaid, credit and/or debit payment card, issued by a  well known organization of the Financial System in cooperation with Card Associations (VISA & MASTERCARD), in respect of which the User has been identified as legal beneficiary and holder, in accordance with the procedure set out in the Terms. 
VIVA SPOTS: Physical facilities of VIVA PAYMENTS or VIVA Representatives or via which electronic money issued by VIVA PAYMENTS is distributed.
Cookies: information files stored in the user’s device by the web server, so that they may be easily recovered when the User visits the relevant website/webpage, in order to facilitate the provision of respective services. 
CONSUMER: as defined by Law 2251/1994, as in force from time to time.
REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction. 
REFUND FROM USER: Any request made by any third-party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction. 
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: as defined in the General Data Protection Regulation 2016/679, as adopted and applying in Greece and any other relevant applicable European law. 
VERIFICATION: Certification process of identification details provided by the User. 
IDENTIFICATION: The procedure followed in order to confirm the data entered and notified by the User in the context of the present agreement, regarding the User’s identity, contact details and attempted Transactions.
STRONG USER AUTHENTICATION: an authentication based on  the use of two or more elements categorized as knowledge (something only the user knows), possession (something only the User possesses) and inherence (something the User is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.
PERSONALISED SECURITY CREDENTIALS: Personalized features provided by VIVA PAYMENTS to User for authentication purposes.
TRANSACTION CAP: The amount equivalent to the Transactions which the User may conclude without a prior special authorization or/ nor any further procedure for the certification of the User’s verification details being required by VIVA PAYMENTS.   
PAYMENT CARD: the tangible or digital credit, debit and/ or prepaid payment instrument allowing the legitimate holder to conclude Payment Transactions, and which has been issued by well-known organizations of the Financial System.
VIVA E-MONEY CODE: The special, prepaid, electronic, numerical code, issued by VIVA PAYMENTS, in which e-money of specific monetary value is stored, and with which Users may conduct Loading Transactions by crediting code’s equivalent e-money amount to their VIVA WALLET.
Acquiring of payment transactions: Payment service provided by VIVA PAYMENTS to the User as payee to accept and process payment transactions, which results in a transfer of funds to the User.
Issuing of payment instruments: Payment service by VIVA PAYMENTS to the User as payer, to provide User with VIVA payment instruments to initiate and process User’s payment transactions.
PAYMENT INITIATION SERVICE PROVIDER: payment service provider pursuing payment initiation services as business activities.
PAYMENT INITIATION SERVICE: A service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.
ACCOUNT INFORMATION SERVICE PROVIDER: payment service providerpursuing account information service as business activity.
ACCOUNT INFORMATION SERVICE: an online service to provide consolidated information on one or more payment accounts held by the User with either another payment service provider or with more than one payment service provider.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD or PCI DSS is a worldwide information security standard defined by the Payment Card Industry Security Standards Council, to minimise the potential for payment card and cardholder data to be compromised and used fraudulently. It applies to all organisations which store, process or transmit cardholder data.
Attest means to demonstrate and confirm the compliance with the PCI DSS and any changes which may occur to those standards, by completing a self‑assessment questionnaire and attestation.
PAYOUT SCHEDULE: The time frame within which VIVA PAYMENTS settles and credits to Professional User’s VIVA WALLET payment account, any amount of  Payment Transactions received by such User as beneficiary, which have been concluded daily through VIVA PAYMENT’s acquiring services.
ROLLING RESERVE: the amount kept on hold in User’s payment account for a defined period of time to cover any potential financial risk such as charge-backs and claims. Rolling reserve is calculated as a percentage of the transactions value completed through VIVA PAYMENTS’ acquiring services and is released at the end of the holding period.

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
3.1. The successful completion of the signing up procedure and of the opening of VIVA WALLET payment account by the User constitute a prerequisite for the provision of any Service by VIVA PAYMENTS.  The prerequisites and the procedure for signing up and for the opening and activation of VIVA WALLET payment account are differentiated according to the value and categories of Transactions that the User wishes to conclude.
3.2. Prerequisites and terms of Signing up
(a) Signing up of each User is concluded electronically via VIVA PAYMENTS internet site (www.vivawallet.com) following the systemic guidance of the User according to the category in which the latter belongs and the kind of Services wished to be received.
(b) Each User states and records electronically the details required by the system for the completion of the signing up and accepts the Terms, after having diligently read and understand them. It is recommended to the Users to proceed to the printing and/ or storing of the Terms accepted at a durable medium. The capability of User to perform legal acts and transact on his own behalf is prerequisite for signing up.
(c) Any User shall initially register the following data:
i. Valid and active email address which has been legitimately assigned to the User,
ii. mobile telephone number to which the User is the subscriber or the legitimate holder/user,
iii. the secret unique password to access VIVA WALLET payment account which will be created by the User following the systemic instructions of VIVA PAYMENTS.
d) Regarding the email address registered, the User:
I. Warrants that he is the legal beneficiary and user of this email address;
II. Is required to take appropriate measures to prevent potential non authorized access and use of its email address and recognizes that any communication by means of this email address is deemed as originating, addressed and received by the same.
e) Regarding the mobile telephone number registered, the User:
i. Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection
ii. Warrants that this number is identified in its name as the subscriber or legal user.
f) Regarding the password, the User must:
i. keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,
ii. change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.
iii. Never and for no reason to use VIVA WALLET payment account password which has been assigned to another User which may have been disclosed to the same in any way whatsoever.
VIVA PAYMENTS shall not request the User, ever and by any means whatsoever, (e.g. by phone or e-mail), to disclose its VIVA WALLET payment account password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET payment account password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET payment account password to any third party, the User is liable for and bears the consequences deriving from non-authorized access and/ or use such as, indicatively,  third party unauthorized access to its VIVA  WALLET payment account available balance for the conduct of transactions, access to transactions history and authentications information, change for the User personal information, blocking of the User for the conduct of transactions through User’s VIVA WALLET payment account, etc In the event that the User is suspected that its authentication information have been subject to interception or have been disclosed by any way whatsoever to any third party, the User must change then notify immediately VIVA PAYMENTS  at the contact details published here.
VIVA PAYMENTS may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the Transaction he concludes as well as based on other criteria which may apply on a case by case basis.
In the event of Users who are legal entities the registration of any data is made exclusively by their legal representative. From the conclusion of the registration as such it is presumed that the person that makes the registration and signing in is the legal representative of the legal entity. The legal representative of the User who is a legal entity is entitled to grant access to individual operations of VIVA WALLET payment account to third parties; the legal representative is solely and exclusively responsible and liable for the provision of such authorization and for such third parties’ actions; authorization is provided pursuant to the electronic registration and authorization procedure followed by the legal representative and the acceptance of the authorization and access granted by such third parties. VIVA PAYMENTS reserves the right to request any information regarding the justification and confirmation for the provision of such authorized access to VIVA WALLET payment account as well as the identity of the persons authorized and the User must provide them.
In any case, the User shall take any suitable measures so that the devices used in the context hereof (personal computer, tablets, mobile phones) be equipped with suitable special security programs (such as antivirus), in order to avoid or combat any malicious software infection.
4. VERIFICATION – IDENTIFICATION
4.1   VIVA PAYMENTS reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time Verification - Identification procedures with the purpose of verifying the identity of the User.
4.2   These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:
a) the kind of User and/or
b) the kind of Transactions the User concludes and/or
c) the amount of the transactions that the User concludes.
4.3 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalization of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason the Verification and Identification procedures of the Users and the policies that VIVA PAYMENTS applies for that purpose are designed and updated according to the compliance obligations of VIVA PAYMENTS to the respective AML legislation and are notified each time at VIVA PAYMENTS web site. Each User is guided by the system as per the procedure of Identification and Verification that should follow according to what is agreed under 4.2 above.
4.4. VIVA PAYMENTS reserves the right to request from any User information and data concerning the same and/ or the person who the User represents, the Transactions made by means of using the Services as well as any third parties who participate or interfere with these Transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation. 
4.5 VIVA PAYMENTS reserves the right to request by any User, and such User must comply, to proceed to actions that may involve third parties also for the purpose of verification or the data registered and their identification.
4.6 VIVA PAYMENTS applies the Verification and Identification procedures notified to the Users systemically and the User must comply accordingly. VIVA PAYMENTS reserves the right to unilaterally amend the applicable policies and procedures and the individual actions included on a case by case basis and according to its sole discretion, in order for their intended purpose to be accomplished, as provided under Term 4.3.
4.7 The Users must provide and register, true, accurate, adequate and valid data and justification materials  and must also proceed to any Identification and Validation indicated immediately and as soon as it is requested by VIVA PAYMENTS. The Users acknowledge and accept that any lack or failure to completely comply with the requirements of VIVA PAYMENTS set in the framework of the Identification and Verification procedures and actions may result, at VIVA PAYMENTS sole discretion, to the unilateral suspension of the provision of Services, the blocking of the Available Balance of VIVA WALLET and/ or the termination of the present agreement for material reason and at no cost for VIVA PAYMENTS.
4.8 The User acknowledges that has understood the difference between Private User and Professional User as defined above as well as his obligation to register at VIVA PAYMENTS under its true capacity, based on how he shall use VIVA WALLET and the services provided by VIVA PAYMENTS. In case the User is registered at VIVA PAYMENTS and identified as a Private User but is found to use his VIVA WALLET as a Professional User in breach of the terms herein, then VIVA PAYMENTS may at its sole discretion convert his VIVA WALLET immediately and without prior notice  to a professional one, and charge retrospectively for the whole period of its operation and for all transactions made by the User, the additional charges based on the pricelist applicable to Professional Users (see here) as if it had been registered from the beginning as such at VIVA PAYMENTS.
4.9. VIVA PAYMENTS applies Strong Customer Authentication in any case that the User:
a) has online access to his VIVA WALLET payment account,
b) initiates electronic payment transaction
c) proceeds to any act through remote means where there is payment fraud or other violation risk.
4.10. Especially regarding cases under 4.9.b and 4.9.c above, VIVA PAYMENTS applies strong customer authentication, which includes elements that dynamically relate each transaction with specific amount and specific payee/ beneficiary. VIVA PAYMENTS adopts any suitable safety means to secure confidentiality and integrity of Users personalized security credentials. Provisions of this paragraph also apply in case that the payment initiation takes place through payment initiation service provider. Provisions of terms 4.9. and 4.10. recital b also apply when information are also requested through account information service provider. VIVA PAYMENTS allows payment initiation service providers and account information service providers to count on authentication procedures applied by VIVA PAYMENTS for its Users as per para. 4.9. and 4.10 above.
5. CHARGES – BALANCES – DATES
5.1   CHARGES
5.1.1 The charges of VIVA PAYMENTS Services, as provided from time to time, are published here
5.1.2 Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.
5.1.3 VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.
5.1.4 Any amount of Refund from User becomes due and payable as soon as VIVA PAYMENTS notifies to the User the request for Refund, under the reservation of the provisions regarding Blocking of Amounts which may suspend the collection at VIVA PAYMENTS sole discretion.
5.1.5 VIVA PAYMENTS collects any amounts as soon as they become due by means of direct debiting the Available Balance of the User’s VIVA WALLET payment account, which is decreased accordingly, without any notice being required for that purpose. By means of accepting the Terms, the User explicitly and without any reservation authorizes VIVA PAYMENTS to proceed to the respective debit of User’s VIVA WALLET payment account to collect any amounts due. Any VIVA PAYMENTS due charges debited to VIVA WALLET payment account, however not collected due to lack of adequate Available Balance, are collected in priority against any other potential charge as soon as and to the extent that the Available Balance becomes adequate.
5.1.6 The Users acknowledge and accept without any reservation that the representation of the amounts due to VIVA PAYMENTS in its accounting books and/ or the updated accounting representation of the statements and the Available Balance of VIVA WALLET payment account issued by VIVA PAYMENTS constitute complete proof of the amounts due by the User towards VIVA PAYMENTS and vice versa, not being subject to any challenge, capable of fully justifying the proof of the claim, sufficiently fulfilling the requirements for the issuance of a payment order for their collection, taking also into account the compliance obligations of VIVA PAYMENTS as lawfully licensed E Money Institution.
5.2 BALANCES
5.2.1 The Balance of the User’s VIVA WALLET payment account is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.
5.2.1 The Balance of the User’s VIVA WALLET payment account in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.
5.2.3 The Users acknowledge and accept without any reservation that only the e-money which corresponds to the Available Balance can be used for any Transaction which requires the User being debited and/ or can be redeemed.
5.2.4 In the event that the Available Balance of VIVA WALLET payment account is not adequate for the completion of any payment order, such order is not executed and remains Pending Transaction.
5.3 RECEIPT & EXECUTION PAYMENT ORDERS DATES- ORDERS IRREVOCABLE
5.3.1 Any payment order is transmitted by User to VIVA PAYMENTS online through User’s VIVA WALLET payment account administration tool, by use of User’s password as per term 3.2.1.3. Any payment order given within a day either by the User as payer or by the payee, is considered as received by VIVA PAYMENTS immediately by the time given by the User with immediate charge of order’s amount to his VIVA WALLET payment account and is executed within the same day or the business day after at the latest, upon debiting of User’s VIVA WALLET payment account with the respective amount.
5.3.2 User is not entitled to revoke a payment order received by VIVA PAYMENTS as per terms above unless the charge has been agreed to take place on specific date, when at this case the User is entitled to revoke it at the end of the previous business day before the date agreed.
5.3.3 The User is entitled to revoke a direct debit order until the end of the business day preceding the date on which it has been agreed between User and the payee that User’s VIVA WALLET payment account shall be charged. If such deadline lapses without any action, the User is considered to have approved the execution of the direct debit transaction.
5.3.4. Upon lapse of the deadlines set above, within which a payment order may be revoked, its revoke by the User is allowed only upon special agreement of VIVA PAYMENTS with the User (especially in cases of direct debit the payee’s agreement is also required). In such cases the User bears any revoke costs as set in VIVA PAYMENTS’ pricelist.
5.3.5. Any VIVA WALLET payment account debits regarding Loading Transactions take place in real time to the extent that such debits depend exclusively on VIVA PAYMENTS and no other deadline is required by third payment service providers or providers of supporting services for the Transaction completion.
5.3.6. Value Date:
a) The value date for User’s VIVA WALLET payment account charge, when User acts as payer, cannot be prior the time when the account is charged with the amount of the payment transaction.
b) The value date for User’s VIVA WALLET payment account debiting as payee is the working date, the latest, within which the account is debited with the amount of the payment transaction.
5.4 AMOUNTS BLOCKING
VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET payment account and not to include it in the Available Balance in the event that:
5.4.1 non cleared Debits of VIVA WALLET payment account or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;
5.4.2 a breach of the Terms or of any instructions provided by VIVA PAYMENTS has been made by the User or is arguably suspected and for as long such condition is investigated according to the applicable legislation;
5.4.3 it corresponds to a Transaction which is under the status of Blocked Transaction.
5.4.4 User’s Verification-Identification procedure according to article 4 above is pending and not complete.
5.5 Under the reservation of the provisions of article 4.8 above, VIVA PAYMENTS is entitled to charge retroactively any User ’s VIVA WALLET for all the transactions concluded, if found that the transactions have been made under faulty registration and identification capacity of the User, precisely under  his capacity as  Private User instead of a Professional one. In such case the User acknowledges and unconditionally accepts to pay immediately that amount to VIVA PAYMENTS.
6. CONSUMER PROTECTION
6.1 To the extent that the Services provided are addressed to Users under their capacity as Consumers, the provisions of the applicable legislation regarding the protection of consumers apply.
6.2 Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 4i of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.
6.3 With respect to the Users’ right to information under their capacity as Consumers, the relevant provisions regarding the information of the Users by VIVA PAYMENTS are included in Term 7.
7. INFORMATION – NOTIFICATIONS
7.1 It is recommended to the Users to read carefully all information included in VIVA PAYMENTS website as well as the Terms, including any information to which a reference is made therein, prior to their acceptance. For any clarification with respect to the Terms and Services, Users may contact the competent department of VIVA PAYMENTS, using the contact details provided here.
7.2 Any communication between VIVA PAYMENTS and the Users is made through the e-mail address and the mobile phone number registered by the User during signing up procedure, as well as through the User’s profile. In the event that a service of a document is required to the User, it is validly made at the postal address stated by the User, otherwise at the address deriving from independent third party sources.
7.3 In the event of any change to the contact details as well as to any other information registered to VIVA PAYMENTS during the procedure of creating their profile, Users must adjust its profile accordingly guided systemically by VIVA PAYMENTS as per the actions required to that respect. In the event of change of the User’s profile VIVA PAYMENTS may request the identification/ verification of the data amended following the procedure of Identification/ Validation.
7.4 VIVA PAYMENTS provide to the Users any information requested regarding VIVA PAYMENTS, its activity as a supervised E Money Institution, its Servicers and any special elements thereof. In any event that the requested information is published, the information obligation may be fulfilled by means of referring the requesting User to the published information. In any event information is made by means of email and/ or at VIVA PAYMENTS website. Personalized information may be available by means of uploading at the personal electronic profile of the respective User.
7.5 VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.
7.6 VIVA PAYMENTS may provide to Users at least once quarterly, any information required for the corroboration of credits and debits of VIVA WALLET payment account and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.
7.7 Specifically, VIVA PAYMENTS must provide to the Users at least the following information:
(a)The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.
(b) the amount of a Transaction at the currency that it is debited to VIVA WALLET.
(c) The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.
(d) The potential exchange rate used for the transaction and the respective amount before its exchange.
(e) The value date for the credit of VIVA WALLET.
7.8 Upon User’s request, such information of term 7.7. is notified to the User by VIVA PAYMENTS periodically, at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store it at  a durable medium.
7.9 In the event that VIVA PAYMENTS denies to proceed to a Transaction it should inform the User about the denial as well as, if it is possible, about the reasons for denial and/ or the means of remedy unless otherwise is provided by the applicable legislation. VIVA PAYMENTS may at its discretion apply a fee for the provision of such information under the condition that the denial is objectively grounded.
7.10 Further to any obligations undertaken by the User in the framework of the Identification and Verification and Strong Customer Authentication procedure regarding the notification of data and information, as well as regarding the notification of amendments thereof, the User must also notify to VIVA PAYMENTS in writing any amendment of any information or data stated or notified to VIVA PAYMENTS in consideration and in the framework of the receipt of the Services, especially provided that it may influence their provision or receipt. The notification of these amendments are made via VIVA WALLET payment account systemically, within the day following their conclusion at the latest.
7.11 Until the aforementioned notification to VIVA PAYMENTS is concluded, the Professional User has no right to counter to VIVA PAYMENTS any allegation, objection or argument based on non-notified amendment.
7.12. VIVA PAYMENTS may deny to account information service provider or payment initiation service provider any access to User’s VIVA WALLET payment account for objectively reasonable causes related to non- authorized or fraudulent access to VIVA WALLET payment account, including any fraudulent and unauthorized payment order initiation, either by the account information service provider or payment initiation service provider. In such cases, VIVA PAYMENTS informs User for such denial to access his account and the reasons for such denial through VIVA WALLET payment account’s electronic environment or/ and with any other suitable means, upon VIVA PAYMENT’s discretion, unless such information opposes to objectively reasonable reasons for safety or to European or national legislation. If such denial reasons cease, VIVA PAYMENTS shall allow the access to User’s VIVA WALLET payment account.
8. PERSONAL DATA - CONFIDENTIALITY
 1.  Users as subjects of personal data processing, defined in accordance with article 4, par. 1 of the European General Data Protection Regulation 2016/679 (GDPR), provide their explicit consent to the keeping and processing of a personal data record by VIVA PAYMENTS. They understand, agree and accept that the processing is necessary for the performance of a contract and for compliance of VIVA PAYMENTS with its lawful obligations, as a licensed Electronic Money Institution and Data Controller of the record kept, pursuant to article 6, par. 1 (a), (b) and (c) of the GDPR, L. 2472/1997 or other relevant law as applicable from time to time.
2. As Data Controller of the record kept, pursuant to article 4, par. 7 of the GDPR, VIVA observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability, while it takes all proper technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.
3. The data regarding Users are collected directly from the Users, as well as from independent third party sources, where such data has been published. Such personal data is processed for the purpose of providing the Services requested by Users, who have the rights of information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on data kept by VIVA PAYMENTS, in accordance with the applicable laws. The content and the procedure of exercising these rights are provided here.
4. VIVA PAYMENTS may transfer the collected data and information to third parties which it has appointed as Data Processors, in accordance with article 4, par. 8 of the GDPR (e.g. infrastructure providers, data centers, cloud providers etc.), as required for the provision of the Services with the necessary guarantees of natural and technical safety, contractual terms, service level agreements, cybersecurity etc. Additionally, VIVA PAYMENTS may proceed to the interconnection of the files kept with the corresponding files kept by its affiliated companies and/ or third parties or legal persons. The Users, by accepting the terms herein provide their consent for such transfer and interconnection.
5. VIVA PAYMENTS reserves the right to proceed to further notifications and requests for the provision of consent if it deems it is necessary and in any event it will proceed to the required notifications and licensing by the competent supervisory, monitoring, judicial and police authorities.
6. Refusal to provide by the User of its consent regarding the required collection, processing, transfer of the data or the interconnection of files may result to the inability to provide the services requested by the User or the unilateral suspension of the provision of the Services, the blocking of the Available Balance of VIVA WALLET of the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.
7. The Users consent to the disclosure of their data (e.g. subscriber or user data, location data etc.) and of the content of their communication with VIVA PAYMENTS to the Organizations, Businesses and Banking Institutions which are engaged with the provision of the Services in any way whatsoever and/ or to the issuance and management of Payment Instruments and the execution of the present agreement as well as to the competent supervisory, police, tax and judicial authorities within the framework of prevention, investigation and suppression of criminal acts (as fraud, money laundering etc.).
8. VIVA PAYMENTS must retain the data of the Users and of the Transactions attempted and/ or executed via its systems for the minimum time required by the applicable legislation. That means that even in the event of definitive termination of the contractual relationship between VIVA PAYMENTS and the User for any reason whatsoever and/ or the final deactivation of VIVA WALLET and of the VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided.
9. VIVA PAYMENTS has a cookies management policy. Cookies are text files and messages of the server to the browser of the User who visits our website, which are technically required for the provision of the Services. The installation and management of Cookies is performed upon the consent of the User, in accordance with the Security and Data Protection Policy of VIVA PAYMENTS (available here), that is compliant with the, subject to be replaced by a Regulation, Directive 2009/163/EC (E-privacy). The cookies which are in principle used by VIVA PAYMENTS falls under the following categories:
1. Cookies necessary for the identification and/or maintenance of content introduced by the User when connecting to a web page, throughout the respective connection.
2. Cookies necessary to verify the identity of the subscriber or user regarding services which require verification.
3. Cookies installed for Users’ security purposes.
4. Cookies necessary for load balancing during connection to a web page.
5. Cookies that “remember” the User’s choices in relation to the web page’s display.
8.10. VIVA PAYMENTS’ Security and Data Protection Policy is incorporated by reference to these terms of Services’ provision.
8.11. VIVA PAYMENTS as well as any third-party payment services provider or any organization engaged in any way in the Service provision process (e.g., including but not limited to, credit institutions cooperating with VIVA PAYMENTS, credit institutions, International Organizations Visa, MasterCard etc.) shall be entitled to gather information and data from the information files and databases legally kept, with regard to the credibility and reliability of User and the transactions attempted thereby, as well as other persons connected to Users, directly or indirectly. Given that the access of authorized third parties to transactions’ data is stipulated in law, Users provide their explicit and unreserved consent in this respect.
8.12. VIVA PAYMENTS may proceed, subject to a prior notice to the users, to the recording of the content of its communications with the Users, with the consent of the Users for purposes of performance of a contract, the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation.
9. ALTERNATIVE DISPUTE RESOLUTION – APPLICABLE LAW
9.1 This contract shall be governed by and interpreted in accordance by virtue of the laws of Greece.
9.2 Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
9.3 User is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
9.4 VIVA PAYMENTS shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.
9.5 For dispute resolution between User and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Cardholder may address to the Independent Authority “Hellenic Consumers' Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.
9.6 In any case, any dispute that may arise between the User and VIVA PAYMENTS, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).
9.7 In the event that the dispute is not referred or is not achieved to be settled amicably or by means of an alternative dispute resolution, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Athens, Greece.
10. TERM AND TERMINATION
10.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 10.
10.2 Either VIVA PAYMENTS or the User has the right to terminate this agreement for convenience and with immediate effect, , provided that the termination has been notified in writing to the counterparty.
10.3 In the event of breach of these Terms or of the applicable legislation by the User or VIVA PAYMENTS, the counterparty of the party in default, as the case may be, has the right to terminate this agreement with immediate effect, i.e. without any prior notification being required. Especially, in case of termination hereof due to User’s default, VIVA PAYMENTS may charge an account termination fee, as set out on www.vivawallet.com (Account Termination Fee). Likewise, any of the parties has the right to terminate this agreement for material reason, with an immediate effect, i.e. without any prior notification being required. Explicitly, however indicatively, as material reason justifying termination or deactivation of VIVA WALLET payment account according to Term 10.5 are agreed suspension of VIVA WALLET for more than six (6) months, bankruptcy, liquidation, entering into receivership and in general the dissolution or cease of the business of any of the parties for any reason whatsoever, the suspicion of violation by the User of the legal and regulatory framework in relation to the  prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as applicable at all times. In such an event:
10.3.1. The party terminating the agreement has the right to set a remedy period at is sole discretion.
10.3.2. The results of the termination are effected according to article 10.2 above, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be.
10.4 As a result of the termination, and unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be:
10.4.1 VIVA PAYMENTS suspends 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. Upon termination, VIVA PAYMENTS shall transfer any Available Balance of VIVA WALLET payment account to User’s Verified Bank Account and in case there is none, User shall notify immediately to VIVA PAYMENTS a User’s bank account where the Available Balance should be transferred.
10.4.2 The operation of VIVA WALLET payment account is permanently suspended with the exception of any Transactions for the transfer of the Available Balance, whereas, upon complete transfer thereof, it is closed permanently.
10.4.3 The User is not entitled to use the Services. User’s access to its VIVA WALLET payment account as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.
10.4.4 The User
10.4.4.1 Cease the use of any material, digital or electronic, provided by means ‘loan to use’, assignment and in general without having acquired respective property of the material for the purpose of facilitating the execution of transactions, which in any event are deactivated and which should be returned to VIVA PAYMENTS.
10.4.4.2 Should provide the minimum required access to its facilities and to cooperate with VIVA PAYMENTS in order to conclude smoothly the procedure for the termination of the cooperation.
10.4.4.3 Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)
10.4.4.4 Should cease the use of the trademarks and any distinctive signs of VIVA PAYMENTS and/ of its licensors to the extent that such uses had been allowed due to the kind of transactions executed.
10.4.5. Any Repeated Credit or Debit (e.g. installments, standard orders) of VIVA WALLET and of the Payment Instruments connected thereof for which the User has given a respective order is cancelled and the User is liable to secure their prompt payment by any other means.
10.5 In the event that the results of the termination are implemented, the User’s VIVA WALLET payment account remain partially until any pending Transactions are cleared and paid, including Refunds from and to the User and VIVA PAYMENTS charges, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be. In addition, if there are pending audits, disputes or claims by VIVA PAYMENTS or third parties against the User, the User shall continue to be held liable for them even after the contract’s termination, both during the period of VIVA WALLET’s suspension as well as after permanent closure thereof.
11. AMENDMENT OF THE TERMS
11.1 VIVA PAYMENTS reserve the right to amend the Terms unilaterally, including Service Charges. Users may access the applicable Terms here. It is recommended to Users that they visit the Terms page frequently in order to be informed accordingly.
11.2 The notification of the amendment of Terms is concluded by posting the amended Terms on the official website of VIVA PAYMENTS.
11.3 Any amendment to the Terms shall apply and is valid after the lapse of two (2) months (if User is Consumer) or immediately (if User is non- consumer) from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.
11.4 In any event and within the aforementioned deadline, either of two (2) months if User is Consumer or immediately if User is non- consumer, Users who do not accept such amendment must close their VIVA WALLET payment accounts and terminate this agreement without any costs, otherwise they are deemed to have accepted the amended Terms without reservation. In such an event, the relevant Terms regarding the results of the termination apply.
12. LIABILITY
12.1 Users are liable against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to the use of the Services or due to User’s failure to comply with the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
12.2 VIVA PAYMENTS is entitled, to charge Users VIVA WALLET payment account and to receive the equivalent of any amount due by the respective User in the framework of this agreement for any reason whatsoever and to deduct such amount from the Available Balance on the date that it becomes due and onwards.
12.3 In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET payment account of the respective User is debited immediately with the said sum which is paid in priority to VIVA PAYMENTS against any other payment or debit order as soon as there is Available Balance amount.
12.4 The monetary equivalent of the Available Balance, as well as any other monetary sum paid by the User to VIVA PAYMENTS for the issuance of electronic money does not constitute a deposit or repayable funds received from the public in the sense of Article 9 of Law 4261/14 unless otherwise is provided by the applicable legislation. Additionally, the issuance of electronic money per se does not constitute acceptance of deposits, monies of other repayable funds and the payment of interest or other benefits based to the term that the User possesses electronic money is not allowed.
12.5 VIVA PAYMENTS bears no liability towards Users, consumers, payers, holder of Payment Instruments and/ or any third party to the extent that the successful, prompt and appropriate transfer of any data in the framework of any Transaction depends on the good and/ or uninterrupted operation of electronic communications networks and/ or facilities and/ or applications which are the property or are managed by electronic communication service providers and/ or network operators.
12.6 In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the User’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that User should intervene to any judicial or administrative procedure in favour of VIVA SERVICES undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.
13. SUSPENSION
13.1 VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account, as well as of any other Payment Instrument connected thereto, for reasons related to the security of their use and of the Transactions executed, or in the event that non-authorized or fraudulent use is suspected or that an increased risk that a User is unable to comply with the obligations undertaken is identified or reasonably suspected and/ or for any other reason may be provided in these Terms. Risk assessment is made according at VIVA PAYMENTS judgement. Additionally, and according to risk assessment, VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account as well as of any other Payment Instrument connected thereto for reasons imposed by the provisions of the applicable laws or in compliance with the provisions of judicial or other law enforcement authorities or for reasons that are imposed by VIVA PAYMENTS in its absolute discretion such us indicatively reasons that are related to the client’s transactional profile or the latter’s non- compliance with the Identification and Verification procedures imposed by VIVA PAYMENTS in accordance with the regulations of the supervisory authorities regarding implementation of measures of due diligence or for reasons of non- compliance with the instructions imposed by International Card Schemes. 
13.2 VIVA PAYMENTS in such a case notifies the User through VIVA WALLET account electronic profile or by any other appropriate, at its disposal, electronic medium and if possible prior to the suspension’s application otherwise immediately after its application, unless such notification or information is conflicting to any objectively justified reasons of is forbidden according to the applicable legislation. As soon as the reasons of suspension cease to exist, suspension is lifted or otherwise the Payment Instrument is replaced by a new one.
13.3 Additional suspension cases are set out in Term 10 TERM AND TERMINATION
13.4 In case VIVA WALLET payment account remains suspended for a period six (6) months VIVA PAYMENTS reserves the right to terminate this agreement with immediate effect.
14. NON ACCEPTED TRANSACTIONS – NON ACCEPTED USERS 
VIVA PAYMENTS reserves the right to notify from time to time transactions or activities that constitute non accepted transactions and therefore it is not possible to be concluded with the use of the Services and of the payment instruments issued by VIVA PAYMENTS and of the application and systems provided for the conclusion of the Services.
VIVA PAYMENTS is entitled to unjustifiably reject any application for User registration to its webpage and/or refuse to provide its services, according to objective criteria set by VIVA PAYMENTS upon its absolute discretion.
Any transactions regarding trading of financial instruments as indicatively and not exclusively Bitcoins are expressly prohibited for any User category. With regards to Professional Users (including very small enterprises) , all restrictions are listed below in the last-part of the terms provided herein. Any additional restrictions regarding unacceptable types of transactions and User categories are uploaded on VIVA PAYMENTS official website.
II. SPECIAL TERMS
VIVA PAYMENTS provide Electronic Money Issuance and Redemption Services, as well as Payment Services using electronic money issued by VIVA PAYMENTS and/or other payment instruments issued by VIVA PAYMENTS and third-party service providers.
1.  ELECTRONIC MONEY ISSUANCE AND REDEMPTION SERVICES
1.1 Issuance Services
1.1.1 VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.
1.1.2 Users may carry out Loading Transactions and debit their VIVA WALLET payment accounts with electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.
1.1.3 Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:
1.1.3.1 deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)
1.1.3.2 charging the Verified Payment Card, following a specific process indicated systemically,
1.1.3.3 payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).
1.1.3.4 charging a Payment Card, and issuing of prepaid electronic code,
1.1.4 As a result of a successful Loading Transaction, VIVA WALLET payment account of the User is credited with electronic money equal to the monetary equivalent of the amount paid to VIVA PAYMENTS for that purpose, which is issued by VIVA.
1.2 Redemption Services
1.2.1  Users, provided that they have been previously identified pursuant to Verification and Identification procedure, may conduct any Redemption Transactions and request and receive the monetary equivalent of part or of the total Available Balance kept with VIVA WALLET.
1.2.2 Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:
1.2.2.1 Transfer of the requested sum from VIVA WALLET payment account to the Bank Account notified kept in Greece.
1.2.2.2 credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.
1.2.3 As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET payment account is decrease at an amount equal to the monetary equivalent redeemed by means of concluding such Redemption Transaction including relevant expenses that burdens the Transaction as well as any other transactions required for its conclusion.
1.3 Cost of Issuance and Cashing Services
1.3.1 VIVA PAYMENTS is entitled to charge Users for Issuance Services with the fees included in the price-list effective each time which is published here  It is recommended to Users to frequently visit this webpage.
1.3.2 VIVA PAYMENTS reserves the right to charge Users for Redemption Services with the fees included in the aforementioned price-list provided that Users request redemption prior to the termination of this agreement or after the lapse of least one (1) year from the termination of this agreement. In any such case, prices will be cost oriented
1.4 VIVA PAYMENTS may cancel, amend and introduce new methods for performing Loading and Redemption Transactions, and shall notify Users of such methods through its website, their profile on VIVA WALLET payment account and/or by e-mail.
2.A. PAYMENT SERVICES
2.1 The Payment Services provided by VIVA PAYMENTS include payment transactions that may be Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.
2.1.1 Collection Services constitute
(a) the collection by the User, as payee of amounts paid by third-parties for any legal purpose, which is not carried out in the context of its professional activity, using the Payment Services of VIVA PAYMENTS and crediting the relevant User’s VIVA WALLET payment account with the equivalent of the amount paid in electronic money after having deducted any Transaction costs. The Collection Transactions which are realized in the framework of the professional activity of a Professional User are further provided below in the special terms governing such services,
(b) transfer of electronic money from a VIVA WALLET payment account to another.
2.1.2 Regarding Payment Transactions
2.1.2.1 these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET payment account and the Payment Instruments connected thereto.
2.1.2.2 the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET payment account and the respective decrease of the Available Balance of VIVA WALLET payment account with the equivalent of the amount corresponding to of each payment, burdened  with any potential Transaction costs.
2.1.2.3 Their completion requires a sufficient Available Balance at the time of execution of the Transaction.
2.1.3 VIVA PAYMENTS is entitled to deduct all charges related to the provision of the Services from any amount payable anytime, before such amount is credited to the beneficiary of the specific Payment.
2.B. PAYMENT SERVICES
                I. User, as payer is entitled to use any payment initiation services offered by payment initiation service providers to initiate payment transactions. In such case, VIVA PAYMENTS a) communicates in safety with payment initiation service providers as per the EU Regulation 2018/389 of the Committee and b) after the receipt of the payment order from the payment initiation service provider makes available to the latter any information accessible by VIVA PAYMENTS regarding payment initiation and any other information for such order execution, c) faces without discrimination any payment orders transmitted through payment initiation service providers, unless there are objective reasons for the opposite especially reasons regarding timing, prioritization or the charges, if compared with the payment orders transmitted directly by User.
II. User is entitled to use account information services that allow access to information regarding VIVA WALLET payment account. In such case VIVA PAYMENTS a) communicates in safety with account information service providers as per the EU Regulation 2018/389 of the Committee and b) faces without discrimination any payment orders transmitted through account information service providers, unless there are objective reasons for the opposite.
3. TRANSACTION LIMITS
3.1 VIVA PAYMENTS reserves the right to impose monetary limits to any type of Transactions, as well as to unilaterally modify such limits, mainly aiming at the security of Transactions and at preventing and combating money laundering and terrorist financing activities. Furthermore, for the same reasons as well as to secure its business activities, it may establish and impose monetary or other limits to Users, as the case may be. The applicable limits per type of Transaction or type of User shall be posted at the User’s profile.
3.2 Any Transaction request by the User which could result in exceeding any limit applicable is rejected.
4. DISPUTE
4.1 All Users must use VIVA WALLET payment accounts and VIVA Payment Instruments in accordance with the terms governing their issuance and use thereof and must notify VIVA PAYMENTS in writing at support@vivapayments.com immediately as soon as they note any unauthorized access to and/or use of VIVA WALLET payment account, as well as any loss, theft or embezzlement of any VIVA Payment Instruments, which may be connected therewith, or of the identification details for access to and use thereof.
4.2 In order to provide any remedy to the User, under User’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction, including any cases where payment initiation providers are also involved in the execution of the payment transactions –the respective User must have informed VIVA PAYMENTS without delay attributed to his fault or negligence, as soon as User becomes aware of such Transaction raising refund claim within thirteen (13) months from its charge at the latest. In the event that a User under the latter’s capacity as a payer denies that he or she has approved an executed Payment Transaction or argues it has not been executed correctly, he/she shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.
4.3. VIVA PAYMENTS is obliged to justify that the disputed Transaction has been authenticated, that it has been recorded in detail and registered and that it has not been affected by technical error or malfunction.
4.4. At any stage of the execution of a Transaction, VIVA PAYMENTS reserves the right to request from Users evidence and information which, at its discretion, are necessary in order to authenticate the Transaction.
4.5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, upon such notification or the acknowledgement of the non- approved transaction VIVA PAYMENTS must return to the User immediately and in any case until the end of the next business day at the latest, the amount of the unauthorized transaction, unless VIVA PAYMENTS has grounds to suspect that a fraud has taken place, where in such case, notifies the reasons to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
4.6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions
(a) up to a maximum amount of fifty (50) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments, unless the loss, theft or embezzlement of VIVA payment Instrument has not been feasible to be monitored by User before the execution of the transaction unless User has acted fraudulently or if the damage has been provoked by acts or omissions of VIVA PAYMENTS’ employee, representative or branch or any other entity to which VIVA PAYMENTS has assigned relevant activities.
(b) for total damage related to the non-authorized payment act, in so far as such damaged are due the fact that the User has acted fraudulently or in breach of term 4.1, intentionally or due to gross negligence.
4.7 The User under the capacity of the payer bears no financial consequences deriving from the use of a stolen or embezzled VIVA Payment Instrument or from the non-authorized use of VIVA WALLET payment account, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.
4.8 Any Refund to User is executed, provided that it is justified according to the Terms and the applicable legislation exclusively by crediting VIVA WALLET with the monetary equivalent in electronic money.
5. REFUNDS
5.1 In the event that VIVA PAYMENTS becomes aware of any dispute of a Collection Transaction by any payer of payment services provider or a any carrier, organization or institution cooperating with them for the purpose of executing this transaction and for any reason whatsoever (e.g. as non approved, revoked, erroneous), in execution of which the User’s VIVA WALLET payment account has been credited, the User must pay to VIVA PAYMENTS an amount equal to the disputed Transaction within the next business day from the notification of the dispute or any other deadline that VIVA PAYMENTS will set at its discretion and to provide VIVA PAYMENTS immediately and within the deadlines notified by the latter at its discretion all the information and data required for the justification of the authenticity, validity and accuracy of the Transaction. For the payment of the refunded amount the User hereby, explicitly and unconditionally authorizes VIVA PAYMENTS to proceed to the collection of the amount of disputed transaction, by charging the Available Balance of the User, withdrawal for the purpose of payment as the requested refund. 
5.2 The amount that equals to the disputed Transaction may instead of being immediately collected,  become upon discretion of VIVA PAYMENTS  a Blocked Amount during the time period starting from the notification made to the User of the request to dispute the Collection Transaction and until conclusion of the justification procedure and the User’s Available Balance is decreased accordingly.
5.3 After the conclusion of the justification procedure and provided that the amount has not been paid by the User or collected by VIVA PAYMENTS:
5.3.1 In the event that VIVA PAYMENTS considers that the Transaction was adequately justified the Blocked Amount is being unblocked,, credited and increases the Available Damage at that moment. 5.3.2 In the event that VIVA PAYMENTS considers that the User has not fulfilled the aforementioned obligations adequately and that the Transaction is not adequately justified based on the data and information submitted the Amount Blocked is debited at VIVA WALLET in order to be refunded to the payer who disputed the Transaction and therefore is entitled to it and the Balance of VIVA WALLET payment account is decreased respectively.
5.4. In the event that the User has not paid the equivalent of the disputed transaction and the Available Balance does not suffice in order to cover the Blocked Amount for that purpose or for any other purpose whatsoever, any future credit of VIVA WALLET payment account is used to cover the Blocked Amount by increasing the Balance instead of the Available Balance, until full coverage thereof. This shall not preclude VIVA PAYMENTS from claiming payment by other means judicial or extra-judicial.
5.5. In the event of a request to refund any transaction amount paid by the User due to cancelation or withdrawal from a Transaction the aforementioned procedure applies respectively. In the aforementioned framework VIVA PAYMENTS may request from the payer or/ and from the beneficiary any and all information and date justifying cancelation or withdrawal from the Transaction according to the applicable provisions, legislative or contractual.
5.6. The parties agree that a notification for refund per se addressed by VIVA PAYMENTS to the User regarding refund amounts paid for the reasons provided in the Terms constitutes a full and adequate justification of the User’s debt to VIVA PAYMENTS and its obligation to refund and repay such amount.  Furthermore, it is agreed that the abstract of the commercial and/ or accounting books kept by VIVA PAYMENTS, which may also be kept electronically, including the records relevant to the Transactions and the User's debt constitute the complete justification and proof of the User’s debt towards VIVA PAYMENTS as well as adequate justification for the fulfillment of the prerequisites for the issuance of a payment order by the court.
5.7. The User as payer is entitled to be refunded the amount equivalent to the approved payment which was made by or through the beneficiary of the payment and which although it has been already executed, provided that the following conditions cumulatively apply (a) upon approval the exact amount of the payment act was not specified and (b) the amount of the payment act exceeds the amount reasonably expected by the payment, taking into account the form, the previous expenses habits, the Terms and relevant circumstances, which may not refer to foreign exchange conversion, provided that potentially agreed parity was implemented. In such case, User shall prove that the above terms apply. VIVA PAYMENTS is obliged to return the whole amount of the executed payment transaction, and the value date for VIVA WALLET payment account credit shall not be later that the date that the account has been charged for the transaction execution. The User, as payer shall submit the refund request as per this term, within eight (8) weeks from the date of VIVA WALLET payment account’s charge with the amount of the transaction. Within ten(10) business days from the receipt of the refund request, VIVA PAYMENTS shall either return the amount of the payment transaction or to justify any rejection of such request, while indicating the entities that the User may address to if User does not accept VIVA PAYMENTS’ rejection reasons.
5.8. In the event that the User under the capacity of the payer has transferred its consent for the execution of the payment order directly to VIVA PAYMENTS and the information for future payment is notified and is available through its electronic profile or by any other means, at least four (4) weeks before the date provided, such User is not entitled to refund.
5.9. In the event that the payment order is initiated by the User under its capacity as a payer, VIVA PAYMENTS is liable against the latter for the proper execution of the payment act, unless it can be can proved that the payment service provider of the beneficiary of the payment has received the respective amount. In case of VIVA PAYMENTS liability as per this term, VIVA PAYMENTS shall return to the User with undue delay the amount of the faulty executed or unexecuted transaction, by rendering the VIVA WALLET payment account of the User to the prior situation. The value date for VIVA WALLET payment account debit shall not be later than the date when the account has been charged for such transaction. If the User provides faulty unique identifier defining the payee, VIVA PAYMENTS shall not be held liable for the non-execution or the faulty execution of the payment transaction. However, VIVA PAYMENTS shall endeavor for the collection of the mounts of such transaction and in case such collection is not possible, gives to the User, upon User’s request in writing, any information, important for the User that VIVA PAYMENTS possesses, so that the User raises any lawful claim for the collection of such amounts.  
5.10. The amount of a non-executed or erroneously executed payment is refunded to the User by the person liable as the case may be, by crediting VIVA WALLET payment account with the equivalent of the amount due in electronic money.
5.11. In the event of a non-executed or erroneously executed payment, when the payment order is made by the User under the capacity as a payer, VIVA PAYMENTS, regardless of its liability in the context of this paragraph herein, immediately tries, if requested, to detect the payment act and notifies the User for the result.
5.12. In the event that the payment order is initiated by User as payee or through the payee, the VIVA PAYMENTS is liable for the proper transfer and completion of the payment order to the payment services provider and within the deadlines provided by law and takes care in order for the amount of the payment act to be available for the beneficiary immediately after the amount is credited to the account of the beneficiary’s payment services provider.
5.13. Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.  
5.14. When a payment order is initiated by the User through payment initiation service provider, VIVA PAYMENTS, without prejudice of the terms 4.2. and 5.9 above, returns to the User any amounts of the non- executed or false payment transaction and if this is the case, renders VIVA WALLET payment account that has been charges to the situation as it was before the charge.
6. SPECIAL TERMS FOR THE PROVISION OF CARD ACQUIRING AND CLEARING SERVICES TO PROFESSIONAL USERS
6.1. With respect to Professional Users (including very small enterprises) VIVA PAYMENTS provides, further to the aforementioned Issuing, Loading, Collection and Payment Services provides also the following payment services for the conclusion of Collection Services under the following special Terms. All these services are provided by means of VIVA WALLET payment account of the Professional User the opening of which is made in accordance to the aforementioned general terms. Special procedures for the operation of VIVA WALLET which refer to Professional Users are notified each time to the Users via VIVA PAYMENTS’ internet site.
6.2 The Payment Services provided by VIVA PAYMENTS consist to the execution of Collection Transactions, i.e. to the collection by the User of monetary amounts paid by any third parties for any legitimate purpose made within the framework of their professional activity by means of using the VIVA PAYMENTS payment services and crediting of the respective User’s VIVA WALLET payment account with the equivalent in electronic money of the monetary value of the payment made each time cleared as per the potential Transaction costs applied.
6.3   The Payment Services provided by VIVA PAYMENTS refers to the acceptance and clearance of the payment made by the payer each time to the Professional User as the price for the provision of a product which is provided by the Professional User in the framework of its professional activity. This payment may be executed by the payer with the following ways and means:
6.3.1 By Using any VIVA Payment Instruments, such as electronic money, Payment Card issued by VIVA PAYMENTS, and in general by means of using payer’s VIVA WALLET payment account,
6.3.2 Using third party Payment Instruments which are accepted by VIVA PAYMENTS, such as Payment Cards issued by third parties (e.g. VISA, MASTERCARD)
6.3.3 Using cash in any of the VIVA SPOTS (‘Pay@VivaSpot or VIVA PAYMENTS representative (‘Pay@Home’)  
6.3.4 Via Bank institutions participating in DIAS DEBIT service supporting payments at the desk, Internet Banking, Phone Banking. 
6.4 The Payment Instruments which are accepted by VIVA PAYMENTS are notified each time via the web page of VIVA PAYMENTS which the User must consult frequently in order to be informed regarding any updates. In any case it shall be noted that special payment card types exclusively accepted by specific categories of Professional Users shall not become accepted by VIVA PAYMENTS.
6.5 The conclusion of the aforementioned payment actions towards the Professional Users is made both in electronic and physical environments, according to the type of the Payment Instrument used, in cooperation with the VIVA Representatives.
6.6 For the payments made by means of DIAS DEBIT channels as well as VIVA SPOTS or VIVA PAYMENTS representatives, these providers may charge Payer with further transaction expenses, according to the commercial policy they apply each time.
6.7 With respect to acceptance of Payment Cards:  
6.7.1 The acceptance of Payment Cards debiting as a means of payment by the Professional User can be executed by means of remote transactions mechanisms or physical POS provided according to the procedures set by VIVA PAYMENTS each time. The terms for acquiring and use of the physical POS are published here. The operation and management of the use of the electronic POS is made systemically via the online environment of VIVA WALLET payment account.
6.7.2 In order to conclude acceptance of Payment Cards issued in a Country different to the country where the Professional User is seated, the special approval of VIVA PAYMENTS is required which is provided at its disposal and further to the submission of the data requested by VIVA PAYMENTS.
6.7.3 In any event, for the purpose of activating the option of accepting Cards by the Professional User the prior special approval of the International Issuing Organization that issued the specific type of Card, may be required.
6.7.4 The Professional User may accept the payment of the price of a Transaction by means of Card either one off or in execution of a Recurring Transaction Order (e.g. in installments or standard orders) according to the order of the payer. In case of direct debits, unless payer’s consent has been granted to VIVA PAYMENTS, under its capacity either as payer’s payment service provider or as Business User’s payment service provider, Business User shall reassure payer’s prior consent, being himself held liable towards payer, VIVA PAYMENTS or any third party for any transaction dispute (as unauthorized under term 4 above). Any breach of such obligation by Business user, shall be considered as material reason for termination hereof with immediate effect by VIVA PAYMENTS as per term 10.4 above.
6.8 Professional User is hereby notified and accepts that for the purpose of securing credit, consolidate transactions and limit fraud related to payment instruments, the company under the name BANKING INFORMATION SYSTEMS S.A. and the distinctive title TEIRESIA S.A. (data controller), 2nd Alamanas str, 151 25 ATHENS, keeps a record where the businesses, whose contracts for the acceptance of Cards have been terminated due to breach of their obligations provided under Term 7.3  or due to bankruptcy, liquidation, compulsory administration or due to non-operation for any reason or have been dissolved, are recorded. The Professional User acknowledge and agrees that the termination of the present by VIVA PAYMENTS due to any of the aforementioned reasons entitles VIVA PAYMΕNTS  to initiate procedure for the notification of the reasons of termination of this agreement to TEIRESIAS S.A. to the interbank data record of financial/ transactional behavior which is kept by the TEIRESIAS S.A. as the data controller, which may be accessed both Card issuers and acquirers, explicitly authorized by the Professional User to for that purpose by virtue of this Agreement.
6.9 Professional User by virtue of this agreement provides VIVA PAYMENTS its consent in order for VIVA PAYMENTS to retrieve information and data from the records databases legally kept in relation to the credibility and solvency of the Professional Users and/ or of the persons participating in their business, its managers and administrators and the beneficial owners thereof.
6.10 Special terms as published from time to time here may apply per category of business activity (of Professional User).
7. Obligations of the Professional User
7.1   Professional Users, apart from the general obligations undertaken pursuant to the Terms, undertake also the following:
7.1.1 To comply with all the instructions notified by VIVA PAYMENTS from time to time both in general and also in the context of each available Service as such instructions are from time to time published here or notified to the professional User through his/her VIVA WALLET payment account or by any other electronic means
7.1.2 To proceed to all actions necessary for the identification and verification of the identity of its customers i.e. of the payers who use Payment Instruments requiring identification, such as Payment Cards. It is noted that Professional Users are exclusively liable for the accurate and adequate conclusion of the identification and verification procedure for its customer/ payer who uses such Payment Instruments as the legitimate and authorized holder of these means in compliance to the instructions of the issuer of the specific Payment Instruments with whom the Professional User has contracted in order to be able to accept it. For the avoidance of any misinterpretation Professional User is exclusively responsible for the correct implementation and compliance of its business and its agents with the identification and verification procedure as well as for the application of any necessary means in order for the Transactions to be executed by the legitimate holder of the Payment Instruments.
7.1.3 To be highly diligent with respect to the correct information of the Holder as per the Payment Card’s or any other Payment Instrument’s charging with respect to the value of the purchased products including any potential dispatch expenses.
7.1.4 Not to accept Payment Cards as a means for cash withdrawal.
7.1.5 To allow the use of the Payment Card in its transactions and refrain from setting any commercial limitations or prerequisites for the acceptance of the Card such as e.g. purchase of minimum quantities or payment of part of the price in cash.
7.1.6 To refrain from collecting, keep and/ or process and from disclosing to third party in any way whatsoever any authentication information and any other data related to the Payment Card and/ or to any other Payment Instrument and to the Transactions, either incorporated into documents or kept in electronic form and to refrain also from using such data for any reason or purpose other than the conclusion of the specific Transaction each time and the operation of this agreement.
7.1.7 To keep for any Transaction all related vouchers, as well as the identification documents of each payer, as a holder of a Payment Instrument used for the Transaction, for at least thirteen (13) months from the date the Transaction took place, in order to be able to submit them to VIVA PAYMENTS whenever this is required so for the purposes provided herein. In the vouchers of the transactions that the Professional User is required to hold, the transcript issued by POS terminals (as opposed to virtual POS) is explicitly included, provided that the Transaction was executed in such a way, as it is considered as the sole powerful evidence certifying the proper execution of the relevant transaction.
7.1.8. Exceptionally, in the event that the POS terminal does not issue a document - proof of the transaction, the proper execution of the transaction shall be established by the respective instructions and updates listed in the POS terminal, including simple message indicating the POS terminal display.
7.1.9. In case of electronic transactions through internet, Professional User shall keep his/ her e-shop in such way so that the payment procedure shall be clearly separated by the e-shop environment and be clear to the clients that the completion of each transaction by executing the relevant payment is conducted by VIVA PAYMENTS (for instance through client’s redirection from the e-shop’s webpage to a separate one for the payment).
7.1.10. To comply with the PCI DSS and any changes which may occur to those standards from time to time as published on www.visaeurope.com, www.mastercard.com and www.pcisecuritystandards.org. The Professional User agrees to comply with the PCI DSS, as required by individual Card Organisations’ security rules, such as VISA’s “Account Information Security Programme” and MASTERCARD’s “Site Data Protection Programme”, and any changes to those programmes and standards which may occur. In the event that VIVA PAYMENTS reasonably deems that the Professional User is non-compliant with PCI DSS, VIVA PAYMENTS will issue the Professional User with a noncompliance notice and the Professional User shall promptly remedy areas of noncompliance. VIVA PAYMENTS may specify a time limit for compliance and also charge a fee for noncompliance. In case that the Professional User repeatedly (to VIVA  PAYMENTS’s reasonable judgment)  fails to demonstrate its compliance with the PCI DSS and any changes which may occur to those standards within the timeframe reported to VIVA PAYMENTS’ noncompliance notice,  VIVA PAYMENTS is entitled to terminate this agreement as per clause 10.3. of General Terms hereof.
7.1.11. The Professional User must not provide, exchange or in any manner disclose a card account number, transaction, or personal information of or about a cardholder to anyone other than its acquirer or to the Card Schemes. This prohibition applies to card imprints, mailing lists, tapes, database files, and all other media created or obtained as a result of a transaction. Under no circumstances may the Professional User store in any system or in any manner discretionary card-read data, CVV/CVC, CVV2/CVC2 data, iCVV, PIN, address verification service data, or any other prohibited information as set forth in the Card Scheme Rules and PCI DSS. The Professional User will confirm to VIVA PAYMENTS in writing that all third parties that store, transmit or process transactions on the Professional User’s behalf are fully compliant, where applicable and when considered as a combined, overall solution, with such standards and programs. If at any time the Professional User determines or suspects that transaction data has been compromised the Professional User must notify VIVA PAYMENTS immediately and provide all cooperation and assistance as required by VIVA PAYMENTS or competent authorities, or Card Scheme Rules, or as VIVA PAYMENTS otherwise reasonably deem necessary.
7.2 In any event, if the Professional User proceeds to the recording and keeping of the data related to customers, Transactions, Holders and Payment Cards in electronic form, such recording and keeping must comply with the security standards PCI, DSS, AIS prescribed by the International Payment Systems.
7.3 In case of major payment security incidents, including data breaches, the Professional User shall at any time cooperate with VIVA PAYMENTS as well as any relevant law enforcement Agencies.
7.4 Professional User must refrain from the following actions in the framework of its cooperation with VIVA PAYMENTS:
7.4.1 Acceptance of Payment Cards which have already been declared as lost or stolen.
7.4.2 Execution any transaction (e.g. of actual or non-actual) without the authorization of the Holder.
7.4.3 Breach of the terms any cooperation agreement between the Professional User and VIVA PAYMENTS that are not included herein,
7.4.4 Facilitation or cause the interception and/ or leakage of date related to Cards or Transactions.
7.4.5 Actions that may constitute Money Laundering according to the applicable legislation.
7.4.6 Modification of any amounts related to the Transactions at the debit slips issued during the transactions.
7.4.7 Self financing even by means of creating non- actual transactions.
7.4.8 "Splitting" of any transaction to several transactions.
7.4.9 Provision of inaccurate data and information to VIVA PAYMENTS and or its agents
7.4.10 Execution of transactions justified by means of a non- actual approval.
7.4.11 Excessive number of chargebacks/ disputed Transactions
7.5 In the event of termination of the parties cooperation any terms related to ‘Refunds; survives termination and remain effective.
8.  Maximum Transactions Limit
In addition to the general terms related to ‘Transaction Limits’, the following also applies to the Professional Users:
8.1 Η VIVA PAYMENTS may set and notify to the Professional User a Maximum Transaction Limit. The conclusion of Transactions the value of which exceeds such limit require the prior approval by VIVA PAYMENTS. The Maximum Transaction Limit may be set per service provided and/ or by Payment Instrument and is notified to the Professional User each time by VIVA PAYMENTS. VIVA PAYMENTS reserves the right to request the Professional User at its discretion further information, in order to proceed to the readjustment of the maximum limited applicable to that Professional User.
8.2 Any Transaction using the same Payment Card or other Payment Instrument, within the same day, of a cumulative value that exceeds the Maximum Transaction Limit applicable each time are not acknowledged as valid unless the respective approval has been provided.
8.3 It is explicitly forbidden to split the value of a Transaction to several parts the sum of which exceeds the Maximum Transaction Limit applicable each time. Breach of this obligation results to the non-acknowledgement of such transactions as valid and the application of the aforementioned provisions under 8.2
8.4 In the event of concluding a Transaction in excess of the Maximum Transaction Limit, VIVA PAYMENTS is not obliged to pay the relevant amount to the Professional User and may proceed to the Blocking Amount. Any such amount paid to the Professional User is subject to a refund from the User in accordance to a respective application of the obligations and the procedure provided above under the provisions regarding Refunds.  
9. Payment of the Professional User
9.1 VIVA PAYMENTS settles any payment transactions of User as payee that took place through VIVA PAYMENTS’ acquiring services on any day, and credits the respective amounts to User’s VIVA WALLET account as per the Payout Schedule, as published on www.vivawallet.com. VIVA PAYMENTS is entitled to unilaterally amend such Payout Schedule indicatively due to transactions safety reasons or for reasons attributed indicatively to systems or procedures applied by Card Schemes as well as  for reasons provided in the term 9.2. below.
9.2 The Payout Schedule  provided in the previous paragraph may be extended any time and acknowledged to the Professional User in writing through his VIVA WALLET payment account User Interface in any of the following events:
(a) In the event of breach of the terms by the Professional User and as long as such breach is investigated by VIVA PAYMENTS in accordance with the applicable legislation.
(b) In the event that the value of Transaction is under the status of Blocked Amount.
(c) In the event of conducting Transactions \which entail a high risk for VIVA PAYMENTS and/or the financial system in general, such as, indicatively and not exclusively, Collection Payments where payment is made by means of Payment Card and refers to the provision of postdated services (i.e. services the provision of which is not concluded upon payment of the respective fee, but either are perpetual or are provided at a posterior date), a high rate of Charge-backs, refunds, or other indications of performance problems related to the use of the VIVA PAYMENTS’ acquiring services.
In such cases, as referred under (a), (b) and (c) above VIVA PAYMENTS reserves its right to take adequate and sufficient measures, according to its assessment and judgement, aiming at safeguarding Transactions, its business, as well as the business of cooperating entities of the financial system, such as to indicatively to block the amount which was credited the Balance of VIVA WALLET of the Professional User  and make it available by unblocking it proportionally and following the provision of the service to which the amount refers to and until its completion or/and require the Professional User to provide other kind of adequate and sufficient warranties in order to safeguard the payment of amounts equivalent to any request for refund to the payers/ end users etc. VIVA PAYMENTS is entitled to withhold an amount from the User’s Available Balance as kept in his VIVA WALLET payment account and/or accrue a reserve on User’s behalf (a “Rolling Reserve”) to secure the performance of User’s payment obligations.
9.3 Credit of the Available Balance of VIVA WALLET payment account with the equivalent of the Collection Transactions concluded and cleared by means of using the Payment Services of VIVA PAYMENTS and provision of the ability to use or redeem is subject to the Professional User’s compliance with the Terms and the instructions notified by VIVA PAYMENTS and subject to unblocking any Blocked Amounts according the procedures applicable by VIVA PAYMENTS and the present Terms. VIVA reserves the right to refuse recognition of any Transactions made in breach of the Terms  hereof or that entail high risk for VIVA PAYMENTS or/ and the financial system in general, according to VIVA PAYMENTS’s checks for transactions security, and to proceed to the procedure regarding Refund provide in the present term.
9.4 The Professional User must keep record including copies of the Transaction data in order for the verification of VIVA WALLET debits and credits to be possible as well as their reconciliation with the Transactions concluded and their justification in case of a request for Refund, providing relevant copies to VIVA PAYMENTS if and when requested.
9.5 If the  Professional User  acts as a VIVA Representative also, then herein he provides the explicit and unreserved authorization to VIVA PAYMENTS  to set off  any amounts  due to the Professional User under this contract with any amounts  related to his debt to VIVA PAYMENTS under Viva Representative’s  contract concluded between the parties, by crediting the Professional User’s VIVA WALLET payment account with the relevant amounts.  
10. VIVA FEES
10.1  The transaction costs due to VIVA PAYMENTS including applicable taxes is deducted automatically from the amounts of the Collection Transactions the price of which was charged by means of using any VIVA PAYMENTS’ Services according to these terms, prior to their payment and credit of VIVA WALLET respectively. VIVA PAYMENTS may impose additional fees to the Professional User in case of breach of Professional User’s obligations hereunder (i.e. for fraudulent transactions or for the investigation thereof). These fees are published on www.vivawallet.com.
10.2 The Professional User is informed in relation to the concluded Transactions and the respective debits and credits of the Balance and the Available Balance electronically via VIVA WALLET payment account management tool.
10.3 VIVA PAYMENTS is not responsible to pay the Professional User and the latter must refund to VIVA PAYMENTS immediately and in compliance with the Refund procedure which applies accordingly any amount which corresponds to Transaction that:
10.3.1 The respective products were not delivered or not received incompliance to applicable legislation or were non delivered in due time or as agreed or the services purchased were not rendered totally or partially or where not appropriately provided.
10.3.2 The products were returned due to withdrawal.
10.3.3 Before the receipt of the products the consumer states that wishes the total or partial cancelation of the order or the Payment Instrument used for the conclusion of the Transaction was canceled for any reason, the relevant order is canceled of the future.
10.3.4 Was made in breach of the obligations undertaken with the present terms as well as the instructions with which the Professional User must comply with.
10.3.5 Was not realized by the legitimate holder to the Payment Instrument used or by the latter’s legitimate representative, the respective burden of proof is born by the Professional User.
10.4 For that purpose the Professional User provides the explicit and unreserved authorization to VIVA PAYMENTS to debit the Balance and receive from the Available Balance of VIVA WALLET payment account the relevant amounts upon emergence of the aforementioned reasons also by means of setting off such amount with any potential amounts due to the Professional User.
10.5 The parties acknowledge and agree that the official accounting records and any recording made in VIVA WALLET payment account concluded by VIVA PAYMENTS in compliance with these Terms and the instructions notified from time to time constitute complete and adequate prof of any amounts due from the Professional User to VIVA PAYEMENS, which cannot be disputed by the Professional User, with the exception of dispute for obvious mistakes.
10.6 If the Professional User accepts also other payment instruments similar to those provided by VIVA PAYMENTS, in cooperation with other payment service providers who impose costs for their services either to the Private User/Consumer or to the Professional User or to both, VIVA PAYMENTS may follow similar pricing policy, transferring unilaterally, and according to each specific case, the imposed costs to the respective party (see here). The decision of modifying the cost of services is based on criteria defined by VIVA PAYMENTS in its sole discretion such us indicatively, avoidance of confusion of the Private User/Consumer and provision of an objective assessment of the imposed costs on payment instruments offered to the market and the need of compliance with the relevant legislative amendments. Any such modification imposed by VIVA PAYMENTS has immediate effect and is notified to the respective user, Private User/Consumer or/ and Professional User. The Professional User declares that he acknowledges and accepts unreservedly the possibility of VIVA PAYMENTS to amend the imposed costs and that he accepts the current price list in relation to the services provided as mentioned hereinabove, and in case that the relevant cost is transferred to him, he provides to VIVA PAYMENTS the unreserved authorization to charge the Professional User with the amounts mentioned in accordance with these terms and conditions.
11. Liability of the Professional User against consumers
11.1  .1 The Professional User has the exclusive diligence and is exclusively liable regarding the adequacy, the truth and accuracy of the information provided to the consumer in relation to the products, its business and activity in any way such information are provided or published.
11.1.2. Professional Users conducting e-commerce shall support solutions allowing customers’ strong authentication for their transactions through internet by using their cards. The combinational insertion of (at least two) elements of exclusive knowledge, ownership or their inner characteristics, as provided under Bank of Greece’s Executory Committee’s Act 59/18.01.2016 shall be considered as strong authentication of customers.
11.2 VIVA PAYMENTS has no liability with respect to the compliance of the Professional User with any of its obligations towards the consumers which derives from the applicable legislation e.g. from the provisions regarding consumer protection, distance selling agreements, data protection.
11.3 Professional User acknowledge and accept that according to ar. 4 and 4a of L. 2251/1994 the consumer is entitled to withdraw with no reason from any transaction made in conclusion of distance selling agreement within fourteen (14) days from the date of receipt of the product ordered, unless a longer deadline was agreed, by returning the product at its initial condition and to the extent possible with respect to the type of the product and according to the applicable legislation, without the consumer being burdened with any cost except the cost for returning the product. In such a case the Professional User must return the respective amount corresponding to the price of the Transaction within thirty (30) days.
11.4 The Professional User must provide the products without defects in due time, diligently and by taking all measures for the protection of the consumers and their declared intention.
11.5 VIVA PAYMENTS is liable in any way whatsoever with respect to the non-fulfilment of any order made by any consumer/ customer of the Professional User, non-delivery or non-provision or not appropriate and in due time delivery or provision of the products, or for any faults or lack of agreed features of the products ordered. Any respective dispute between the Professional User and the interested client/ consumer in this respect will be settled between them.
11.6 Transactions which has as a subject products which falls into the categories include in the list of “Non Accepted Clients” as provided below is forbidden to be concluded by means of VIVA PAYMENTS. In the event that the Professional User proceed to a Transaction in breach of this prohibition the provisions regarding ‘Refund’ apply respectively and VIVA PAYMENTS may proceed to the interruption of the provision of services to the Professional User without any further notice being required.
12. Trademarks and distinctive Marks
12.1 VIVA PAYMENTS and its licensors are the sole proprietor and beneficiary of the trademarks and distinctive marks in general, either registered or not, used by VIVA PAYMENTS for the distinction of the same and its services.
12.2 VIVA PAYMENTS may grant Professional Users a specific license to use the aforementioned trademarks and distinctive marks in general, for the purpose of communicating to the consumers its cooperation with VIVA PAYMENTS, the options such cooperation offers them and promoting the use of these options in the framework of the transactions they perform.
12.3 Further to the aforementioned special license that VIVA PAYMENTS may grant to the Professional User, the latter, throughout the term of cooperation with VIVA PAYMENTS, must post the trademarks and distinctive marks licensed for that purpose at a visible place of its Website and/or at the Physical point of sale, and shall mention in all promotional activities the option to acquire and pay for purchased products by using the options offered by VIVA PAYMENT Services, unless otherwise agreed between the parties. In any event, the aforementioned actions of the Professional User should be performed under the guidance of VIVA PAYMENTS.
12.4 It is explicitly agreed that the Professional User only acquires the right to use the trademarks and distinctive parks of VIVA PAYMENTS pursuant to the special license to be provided for their use in this framework and for the operation of the cooperation between the parties and for as long such cooperation is effective
12.5 It is explicitly stated that any Cards’ trademarks are the exclusive property of the international Card organizations (Mastercard International or Visa International or Diners International or American Express etc.) and their licensors. Therefore, the Professional User does not acquire any right upon such trademarks and distinctive marks, except from any right to use such marks which may have granted by the proprietor or the beneficiary for the purpose of serving the cooperation with VIVA PAYMENTS and/ or the Bank Institutions and Organisations issuing Cards.
13. NON ACCEPTED CLIENTS
According to the “ACCEPTED CLIENTS POLICY” VIVA PAYMENTS does not provide Payment Services to the following categories of Businesses of products or services. Any person who requests the provision of Services by VIVA PAYMENTS solemnly declares that it does not fall into any of the following categories.
1. Casinos and betting companies operating without license or supervision, including online betting companies.
2. Virtual Banks and Financial Services providers not legally licensed
3. Natural Persons or legal entities who provides pawn broker services
The below categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.
The completion of any Professional User’s registration to this webpage shall not entail VIVA PAYMENTS’s obligation to provide its Services to this Professional User. Upon receipt of any required information and documents for the Verification and Identification of Professional User’s identity and business activity, VIVA PAYMENTS is entitled upon its sole discretion to deny the provision of its Services to this Professional User for reasons attributed to transactions security. 
By accepting hereof, Professional User consents to the use by VIVA PAYMENTS of his/ her trade name and the fact of cooperation with the latter in any advertising and informative material (document, electronic or/ and on TV) published by VIVA PAYMENTS exclusively for advertising reasons and for the promotion of its activities.
Unacceptable categories of unacceptable products/product services Examples Weapons Firearms, ammunition, as well as other items including but not limited to firearms, disguised, detectable or Switchblade knives, martial arts weapons, silencers, ammunition, weapons and tear gas. Pyrotechnic Devices and Hazardous Materials Fireworks and related products. Toxic, flammable and radioactive materials and substances, gunpowder and explosives. Pornographic Material and Services. Pornography and Escort or Dating services. 
Pornographic material involving minors, or any content that may be construed as pedophilia. Drugs and Pharmaceutical Compounds Controlled substances, drugs, illegal drugs and drug paraphernalia, including psychoactive and plant-based drugs, such as salvia and magic mushrooms, as well as any materials for promoting their use. Legal substances, such as plants or herbs, which if ingested, inhaled, extracted or otherwise used give a compound producing the same effects as of an illegal drug. Gaming/Gambling Lotteries, sports betting non legitimately licensed, participations-register in direct game connection, as well as any other related content. E-money Products and Services E-money Cards as well as any other related products & services. Financial Services and Payments Instruments e.g. indicatively but not limited to Crowdfunding services, trading of Bitcoins etc. Precious Materials Massive sale of rare or precious metals or stones. Prescription Drugs and Medical Devices Medicines or other products requiring prescription by an authorized physician or veterinarian. Medical devices requiring special license for their distribution. Drugs tested as aids. Miraculous Treatments Unfounded treatments or other items as easy solutions for health. Mass Marketing Tools E-mail lists, software or other products permitting unsolicited e-mail messages (spam). Animals & Plant Seeds Animal parts, blood or fluids and toxic weeds. Any seeds of plants or other organisms are prohibited (including derivatives endangered or protected by law). Copyright and Software Copies of books, music, films and any other non-licensed material, including copies Unauthorised copies of software, video games and more. Devices or Techniques for Circumvention of the Technical Protection Measures Mod chips or other devices for circumvention of the technical protection measures for digital devices, as well as for the unlocking of iPhones. Financial or Other Products, Services, Securities and Mortgage-backed Securities Investments, refinancing or transfer of non-collectible debt, stock market disbursements, payment orders, traveler’s checks, stocks, bonds or other related financial products, securities, shares of collective investment associations, credit services, services regulated or prohibited according to the applicable laws. Government IDs, Documents or Uniforms Government IDs, passports, diplomas, titles of nobility, as well as uniforms. Hacking and Cracking Materials Manuals, guides, information or equipment violating the laws impairing or permitting unauthorized access to software, servers, web pages or other protected items. Human Parts Organs or other parts of the human body, body fluids, stem cells, embryos. Stolen Goods Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods that they do not own or for which they have no power of sale, as well as products produced in violation of any rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions, goods listed in public registers (such as real property), the transfer of which requires formalities that may not be completed, from a legal aspect, online. Illegal Telecommunications Equipment The aids intended for the acquisition of cable and satellite signals for free. The cable descramblers and black boxes, access cards, smart access cards and unloopers, illegal tools or products for modification of mobile phones and other devices, deemed illegal by the competent regulatory authorities of the country where such goods are offered for sale. Multi-level Marketing and Wealth Creation Programs Multi-level marketing (including online payment randomizers), matrix, pyramid and Ponzi schemes, wealth creation programs, as well as all similar programs. Offensive Goods Goods, literature, products or other materials that:
Defame or slander any person or groups of people based on their race, ethnicity, national origin, religion, gender or other factors.
Defame or slander any person or groups of people protected against defamation or slander by the applicable legislation Encourage or incite violent acts.
Promote bigotry and hatred.
Encourage or support participation in terrorist groups or other organizations prohibited by law.
Promote revisionist theories prohibited by the applicable legislation.
Violate accepted principles of morality. Criminality Photographs, images or items, such as personal belongings, associated with criminals or criminal acts. Adjustable Goods Airbags and batteries containing mercury, freon or similar substances of cooling, chemical and industrial solvents. Medical procedures. Vehicle titles, vehicle number plates, police badges, medical devices, pesticides and insecticides, and more. Protected Cultural Items and Works of Art Material covered by the 1970 Convention of UNESCO on prohibition and prevention of illicit import, export and transfer of ownership upon cultural property, as well as of any other relevant good, the sale, export or transport of which is restricted by law. Artifacts, cave formations (speleothems, stalactites, stalagmites etc.) and tombs related to items protected by national and federal laws. Traffic Devices Radar jammers, signs, traffic signal converters and related products. Academic Papers and Test-taking Services Dissertations and academic papers. Offers for test-taking services. 14. CBD MERCHANTS
In addition to the above mentioned terms of VIVA PAYMENTS, the following special terms apply to this category of merchants:
1. CBD Merchant(s) : any freelancer or legal entity that is operating in the field of  sales of products containing cannabidiol -CBD- and / or tetrahydrocannabinol  -THC- (hereinafter referred to as "CBD products") and holds a professional VIVA WALLET account, in accordance with the terms and conditions of VIVA PAYMENTS as published on www.vivawallet.com.
2.  Obligations of CBD merchants: every CBD merchant acknowledges and accepts  expressly and unreservedly the following:
I. All the CBD products, which are sold through the physical store and/or the online store, are completely legal and have all the features and specifications, complying with the provisions of the applicable legislation (such as - indicative and not exclusively – legal percentage of content of tetrahydrocannabinol -THC- in each product, extract of the plant of the Cannabis sativa L. variety exclusively , prohibition of cannabis seeds sale, allowed channel of sale, instructions and provisions of Novel Foods Authorization, etc)
II. He will not knowingly sell CBD products to purchasers who are under the age of 18 years old and this should be properly marked.
III. He will not follow marketing or advertising practices that are contrary to the current legislation (indicative and not exclusively, provisions of advertising tobacco products) and poses a risk / confusion / deception to the consumers (indicatively and not exclusively,  fake references to product features healing diseases or epidemics such as COVID-19 etc)
IV. He will provide VIVA PAYMENTS with all the necessary documents evidencing the legality of the products that the CBD merchant sells (such as - indicatively and not exclusively - laboratory reports of the products).
3. Liability : The CBD merchants are solely liable for the legitimacy of the CBD products 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 CBD merchant’s failure to comply with the current legislation and regulation, the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
4. Compensation : 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 CBD merchant’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 CBD merchant should intervene to any judicial or administrative procedure in favour of VIVA PAYMENTS 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.
Given that certain states or jurisdictions do not allow the exclusion or limitation of liability for indirect damages, in such states or jurisdictions, the liability of VIVA PAYMENTS is limited to the maximum extent permitted by law.
15. Special Conditions applying to specific business sectors
Car, motorbikes, recreational boating rentals
The Professional User is obliged to limit the value of the transaction charged to the customer’s payment card as to include only the fee for the rental of the transportation or recreational means, as indicated in the relevant rental agreement. Charges via payment card should include only the amount directly related to the rental of means of transport or recreation and not other causes such as, but not limited to, damage resulting from accidents, property damage, fines or loss of profit. The Professional User is obliged to insure the transportation or recreational means provided for rental, for all related risks, otherwise the Professional User will bear the risk of physical or property damage and general liability
In case of payment card billing for advances on postdated (future) rental of transportation or recreational means to the customer, VIVA PAYMENTS reserves the right either to refuse   clearance of the transaction or proceed to pledging of the amount of the transaction, to be released upon receiving the return receipt, issued by the Professional User and hand signed by the customer upon the return to the rental company of the means of transport or recreation.
Hotels
Charging payment cards for reservations through VIVA PAYMENTS may be performed within the existing legal framework (Article 8 L.1652 / 10.30.1986) subject to written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Hotel printed in the language of the client accompanied by photo-copies of (a) customer’s ID or passport, (b) customer’s payment card, front face only, with the middle digits of the cards number covered.
In case of payment card billing for advances on postdated (future) hotel / rooms to let service to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction which will be released upon receiving the check-out form, issued by the Professional User and hand signed by the customer.
16. Special Conditions applying to keyed-in transactions
In case of keyed-in transactions being explicitly permitted, the Professional User is obliged over and above of the usual identification and verification of the customer as a legitimate owner and user of the payment card, to proceed to the following actions:
receive the handwritten signature of the customer on the document of the transaction (receipt or invoice or order form etc.) and maintain signed document for a period of 12 months
compare customer’s signature on the transaction document with the sample on customer’s identification card or passport
note and maintain customer’s name, address, telephone number and electronic mail address (e-mail)
In case of discrepancy between the data on the payment card and the identification documents of the customer or doubt regarding the legality of possession of a payment card, Professional User is obliged to refuse the transaction and immediately notify VIVA PAYMENTS.
Depending on the outcome of VIVA PAYMENTS transaction screening process or the transactions distinct characteristics, VIVA PAYMENTS may request from the Professional User and the Professional User must provide VIVA PAYMENTS with the document of the transaction, signed by the customer, a photocopy of customer’s ID or passport, a photocopy of customer’s payment card, front face only, with the middle digits of the cards number covered and written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Professionals Users establishment, printed in the language of the client.
17. Special Terms for Professional Users operating through e-commerce platforms  
In case of card transactions settlement for Professional Users operating through e-commerce platforms, VIVA PAYMENTS will credit to Professional User’s VIVA WALLET payment account the value of each transaction, reduced by the amount corresponding both to VIVA Fees, as defined in the terms and conditions, and to e-commerce platform fees, as agreed each time between the Professional User and the platform. 
The Professional User: 
i) acknowledges that the amount of platform’s fees  as deducted each time, is agreed exclusively between the Professional User the e-commerce platform, 
ii) mandates the e-commerce platform to notify to VIVA PAYEMENTS the agreed amount of its fees so that VIVA PAYMENTS proceed to the relevant deduction and credit to e-commerce platform and 
iii) acknowledges and accepts that VIVA PAYMENTS proceeds to the relevant deduction only upon and according to platform’s instructions and as such VIVA PAYMENTS bears no liability for the amount finally deducted. Any dispute regarding the amount of deducted fees shall be resolved exclusively between the Professional User and the e-commerce platform.





Terms & Conditions for the Issuance, Provision and Use of VIVA Company Debit Card & VIVA Employee Debit Card
These terms (hereinafter the ‘Terms’) govern the provision and use of business debit cards Viva Company Debit Card and Viva Employee Debit Card (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou – Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece. 
Any natural person or legal entity (hereinafter “Merchant”), that holds a business payment account (hereinafter “Linked Account”) with VIVA PAYMENTS may request to be provided i) with Viva Company Debit Card, which is granted only to Merchant’s legal representative, and ii) with one or more business Cards, Viva Employee Debit Cards, which are granted to any person/s (e.g.  employees) authorized by Merchant, upon Merchant’s relevant instructions to VIVA PAYMENTS. 
The Card is linked to the Merchant’s Linked Account and enables the Cardholder to perform i.  cash withdrawals from Automated Teller Machines (ΑΤΜs) and ii transactions with merchants and organizations bearing MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or remotely, (hereinafter i and ii called collectively  «Transactions»).
1. Card Issuance and Provision
1.1. The Card is issued by VIVA PAYMENTS in personalized plastic with the name of the Cardholder as indicated by Merchant to VIVA PAYMENTS. VIVA PAYMENTS is entitled to reject Merchant’s request for the provision of the Card for reasons which will be notified to the Merchant. The issuance of any Card requires prior successful verification of Merchant’s Linked Account.
1.2. Each Card is sent deactivated by mail to the postal address declared by Merchant via the Linked Account’s electronic environment. VIVA PAYMENTS bears no liability for any failure of Merchant or the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.
1.3. As soon as the Card is received by the Cardholder, he must sign on the back side of the card and activate it electronically, through Linked Account’s electronic environment  which is accessible by the Cardholder with passwords and verification codes, to the extent allowed by Merchant, for Card management and monitoring, in accordance with the procedure set by VIVA PAYMENTS.
1.4. Activation of the Card results to the unconditional acceptance of the Terms by both Merchant and Cardholder.
1.5. Based on these terms, Merchant shall not request to VIVA PAYMENTS to issue more than one (1) Card in the name of same natural person as Cardholder.
1.6. The Merchant acknowledges that any Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of certain value  as defined by MasterCard and consents to obtain the Card with such feature.
2. Personal Identification Number (PIN)
2.1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic environment of Merchant’s Linked Account, in a special field, accessible only by the Cardholder , with his personal passwords and authentication codes, pursuant to the term 1.3 above.
2.2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any PIN leak.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card is considered gross negligence of the Cardholder.
2.3.  VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.
3. Use of the Card- Transaction Limits
3.1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, as authorized representative of the Merchant, who must use it diligently and in compliance with the applicable legislation and the Terms of Use hereof, always to the extent of power granted by the Merchant. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card. The Merchant is exclusively liable towards VIVA PAYMENTS for the use of the Card by the Cardholder. The Merchant must ensure that the card is used exclusively by a person that has been authorized as Cardholder. Each transaction performed with the use of the Card is presumed to be performed by the Cardholder, duly authorized by the Merchant, in the name and on behalf of the latter, unless VIVA PAYMENTS has received notification for the opposite, by virtue of the below term 5.3. 
3.2 The use of the Card for performing any transactions requires the existence of an active Linked Account that is held by the Merchant, the operation of which has not been suspended for any reason whatsoever, and the existence of available balance, adequate for covering the transaction’s value plus any additional charges resulting from its completion.
3.3. VIVA PAYMENTS is entitled to set, per type of transaction, Daily and/ or Monthly Transactions Limits, which are notified to the Merchant through the Linked Account’s electronic environment and which the Cardholder must apply in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder, the Merchant and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message delivered electronically to the  Linked Account’s electronic environment, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).
3.4. Merchant may request VIVA PAYMENTS to change the above Daily Transactions Limit for any of the cards issued in its name; VIVA PAYMENTS is entitled to decide on such request to its absolute discretion. left to the absolute
3.5. Regardless of the Limits in the above term 3.3., the Merchant may set through the management tool of its Linked Account, special limits of use (quantitative or others) for any of the Cards issued in its name.
4. Term of Card – Renewal - Suspension
4.1 The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.
4.2. The Merchant may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the Τerms hereof.
4.3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Merchant for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Merchant or the Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.
5. Security
5.1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Merchant’s Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.
5.2. In the event of leakage of the Card details, or, provided that the Cardholder or/and the Merchant become aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at (+30) 2117604000 or at 13855 (local charge). Such notification serves as the Merchant’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Merchant and the Cardholder are fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leakage of its details; until such notification, they shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder or the Merchant before the conclusion of the non- approved Transaction (unless Cardholder or Merchant has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Merchant and the Cardholder.
5.3. The Merchant and the Cardholder shall be liable without limitation for any damage, if they did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.
5.4. Without prejudice to terms 5.2. and 5.3., Merchant and /or Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Merchant/ Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund Merchant with Transaction’s value at the latest by the end of the next working day from the date of Merchant’s/ Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Merchant’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.
5.5. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Merchant. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.
6. Transactions
6.1. The Cardholder may use the Card in combination with the PIN to perform transactions with Merchants and cash withdrawals from ATMs, provided that the above term 3 is observed.
6.2. In case of a transaction with a Merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder written on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After the conclusion of the transaction in any way by the Cardholder, the Merchant provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Merchant’s Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.
6.3. In the event of use of the Card for the performance of transactions in foreign currency, the Merchant will be burdened with the relevant conversion fee as mentioned in the current price list of VIVA PAYMENTS.
6.4. VIVA PAYMENTS bears no liability in relation to issues pertaining to the transactional relationship between the Cardholder or/and the Merchant and the contracting Merchant (merchant of products or/and services) and any third party and accordingly bears no liability towards the Cardholder and the Merchant for actions or omissions of the Merchantes or other organizations which they transact with. Therefore, the Merchant and the Cardholder have no right to raise against VIVA PAYMENTS any allegation, objection or claim they may have against any third party in relation to transactions that were performed with the use of the Card and the Merchant will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.
6.5. The Merchant unreservedly acknowledges that the Cardholder’s transactions with the use of the Card in the name and on behalf of the Merchant are performed within the framework of its entrepreneurial activity and that the Cardholder makes them by virtue of a special authorization granted by the Merchant. The non-fulfilment of the requirements set in this paragraph cannot be opposed against VIVA PAYMENTS by the Merchant.
7. Cardholder’s certification MasterCard® ID Check™
7.1. Especially regarding online transactions and for the protection of the Cardholder and the Merchant from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Merchant or the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.
7.2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.
7.3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction, the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.
7.4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.
7.5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.
7.6. In case of suspicion or detection by the Cardholder or the Merchant that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder or the Merchant, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder and the Merchant must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder or the Merchant, constitutes gross negligence on their behalf and therefore they shall be fully liable for all unauthorized transactions and they shall be obliged to pay their full value without any limitation whatsoever.
7.7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.
7.8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.
7.9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Merchant by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).
8. Term – Termination – Cancellation
8.1 This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account of the Merchant. No matter how this agreement is terminated, in such event the Card will be cancelled.
8.2 The Merchant has the right to terminate this agreement in writing, subject to a prior notification of one (1) month. In the event that a material reason exists or if the Merchant does not accept the amendment of the Terms made by VIVA PAYMENTS in accordance with these terms, the Merchant may terminate the present agreement in writing without any prior notification. In any case, the already accrued and existing obligations of the Merchant by the time of termination shall not be affected by the latter and shall survive it.
8.3 VIVA PAYMENTS is entitled to terminate this agreement, subject to a prior notification of one (1) month. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.
8.4 All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder or/and the Merchant is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.
8.5 The Merchant may at any time, by way of a request filed by its legal representative and transmitted electronically through www.vivawallet.com, proceed with the cancelation of the Card.
8.6 The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The rights of VIVA PAYMENTS to manage the transactions performed with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Merchant’s Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.
8.7 After the cancelation of the Card and/ or the termination of this agreement the Card is deactivated, and its plastic body Card must be returned destroyed by the Merchant to VIVA PAYMENTS.
9. Charges – Subscription
9.1 The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Merchant, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Merchant’s Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement. 
9.2 Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Merchant through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference.
9.3 By accepting these Terms, the Merchant accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Merchant does not accept the fees, it may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.
10. Other Terms:
10.1 The Merchant shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time.
10.2 For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Merchant’s representatives or the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as their location and movement data. The Merchant must ensure the consent of its said representatives and of the Cardholder for the above recording and the Merchant acknowledges and accepts that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place.
10.3 VIVA PAYMENTS is entitled to set off any amounts owed by the Merchant that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.
10.4 VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Merchant accordingly. If the Merchant disagrees with the amendment, it may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Merchant by means of personalized systemic communication in written form, sent via the management tool of the Merchant’s Linked Account at least one (1) month prior to the suggested date of application of the amendment. If the Merchant does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of one (1) month it shall be deemed that it consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.
10.5 VIVA PAYMENTS is not liable for any damage incurred by the Merchant or/and the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behaviour or gross negligence.
10.6 The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.
10.7 The Merchant declares that:
a) itis able to enter into agreements with VIVA PAYMENTS for the granting of the Card within the framework of these terms,
b)the natural person that applies for the issuance of the Card, accepts these terms on the Merchant’s behalf and shall set limits to its use in accordance with the above term 3.5, he/ she is the Merchant’s legal representative and acts within the framework of the representation power granted by the Merchant and that he/she is lawfully authorized by the latter to bind the Merchant within the framework of these terms,
c)at the time of acceptance of these terms, no change or amendment in the legal form of the Company orin its legal representation have occurred.
11. Personal Data:
11.1 The Merchant must ensure that the Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR.
The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.
11.2 The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Merchant from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website. 
11.3 VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms and the Merchant must ensure that the Cardholder consent to such transfer. Also, the Merchant must ensure that the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Merchantes and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement. 
11.4 If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, then the Card will not be possible to be used by him/her.
11.5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.
11.6. VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.
11.7 VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.
12. Notifications:
Any notification, application or communication by VIVA PAYMENTS to the Merchant within the framework of the transactional relationship governed by the present Terms, will be made to the Merchant with an electronic message in the management tool of the Linked Account. The Merchant must notify VIVA PAYMENTS in writing and without undue delay regarding the change of its address and of its other details. Any notifications by the Merchant to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@www.vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Merchant by phone at (+30)2117604000 or at 13855. The Merchant is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.
13. Governing Law – Jurisdiction:
The transactional relationship of VIVA PAYMENTS and the Merchant regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the User that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Merchant’s Linked Account, which the Merchant has accepted through its legal representative and which govern the wider relationship of the Merchant with VIVA PAYMENTS, will apply. The Merchant declares that before the acceptance of these Terms, it was informed and accepted all General and Special Terms of Transactions of its Linked Account, the present statement certifying such acceptance.
14. Complaints Procedures and Alternative Dispute Resolution
14.1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
14.2. The Merchant is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
14.3. VIVA PAYMENTS shall endeavour to answer in writing or electronically to the Merchant within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Merchant stating the reasons for such delay and setting a deadline within which the Merchant shall receive the final answer. In no case may such deadline for the final answer exceed thirty-five (35) working days from the complaint receipt.
14.4. For dispute resolution between Merchant, Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Merchant may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at  Hellenic General Secretariat for Consumer Affairs’ special Registry.
VIVA PAYMENT SERVICES SA
is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.