Terms of Use

1. General Terms

1. General Terms

A) OBJECT OF WEBSITE



This website, http://www.viva.gr/, hereinafter called the Website, has been created by, and is property of VIVA Electronic Services SA (hereinafter called VIVA), a company incorporated and operating under Greek Law, with registered office in Maroussi, Attica, Arcania Business Center, 18-20 Amarousiou Chalandriou Ave., TIN 998988329/Athens Tax Office for Sociétés Anonymes, operating as a provider of electronic services that cover a wide range of activities, including:

VIVA is the sole owner and beneficiary of the content introduced onto the Website, and has obtained the necessary authorisations from franchisers to use the information it posts.

The Website has been developed and operates with the purpose of VIVA providing Website users with the following services/facilities:

These services are facilitated and/or provided by VIVA through any channel of its network, i.e. either through the website or other points of presence, whether physical or not, proprietary or owned by VIVA partners and agents, in line with the instructions, terms and conditions communicated to users at the time of purchase.

Part of the above services is also available through a mobile phone application (Viva Wallet), in line with the applicable instructions provided to the user when logging in to the application, subject to the terms hereof.

With the exception of telecommunications services, VIVA exclusively acts as a facilitator of the above services that are presented and offered through the Website and provided by a product provider and/or third facilitator, hereinafter called the “Third Provider”, as displayed and communicated on the Website, in line with the terms and conditions that such Third Provider sets and communicates to the users of its services/products.

B) DISCLOSURE AND ACCEPTANCE OF GENERAL TERMS OF BUSINESS

  • Access to and/or use of VIVA information, services and Third Provider products, as such services and products are presented on the Website, irrespective of the VIVA channel selected by a user to obtain them, requires acceptance of these terms, both general and special by type of service, and of the terms of use set and disclosed by Third Providers in relation to the products they offer.
  • Access to the Website and use of the offered services requires that users have carefully read, understood and unreservedly accepted these terms.
  • VIVA reserves the right to unilaterally amend these terms, with no prior notice. Any modified version of these terms will be posted on the Website, replacing the previous one. For this reason, users must be informed of and accept, if necessary, the amended terms.
  • Users must be informed of the terms and conditions that selected Third Providers apply to the provision of the products displayed and/or offered through the Website. Users must be informed of and accept these terms and conditions, in line with the procedure and conditions that Third Providers establish, set and disclose from time to time. VIVA will not be liable for and will not be required to ensure any disclosure or acceptance procedure through the Website, unless in cases and to the extent that the applicable legislative and regulatory framework so requires.
  • If, for any reason, a user does not accept one or more of these terms of use or the terms of use set or disclosed from time to time by Third Providers or VIVA, such user must refrain from using the Website and the services, otherwise it will be presumed that the terms have been unreservedly accepted.
    The terms of this paragraph apply pro rata to phone orders made by the users of VIVA services, which, in any event, are disclosed to the users on completion of each transaction. In this case, the user will be considered to have unreservedly accepted the terms if no objection is raised at the time of their disclosure.
  • For the avoidance of any doubt, non-acceptance of any term hereof or any term of purchase in relation to products offered by Third Providers will entail non-provision of the product that the user has selected and potentially, blocked access to the services offered through the Website, in whole or in part.

C) CONDITIONS OF ACCESS AND USE

  • The services provided by VIVA are available online and through the Website. Access and use of the services that are offered through the Website require an internet connection.
  • In addition to the procedure of online access and service provision, in most cases, VIVA offers its users a phone booking option, whose fee is posted on the Website. These terms apply pro rata to phone bookings and fees for the provided products.
  • Users of the services offered through the Website must be 18 years old, have the capacity to perform legal acts and, when acting on behalf of third parties, be duly authorised in that respect.
  • The successful completion of service provision through the Website requires that the user discloses and VIVA collects and processes information referring to the user, which may constitute personal data. Users of the Website and of the services offered through the Website unreservedly authorise VIVA to collect, use and forward to Third Providers the information required for the provision of the services, under the terms and conditions set out below in section “PROTECTION OF PERSONAL DATA”. Any user that disagrees with the collection, use, processing and/or forwarding of his personal data under these terms must stop and refrain from using the services, otherwise it will be considered that the terms remain unreservedly acceptable to such user.
  • Whenever a user is required to sign up to receive and/or manage the Services requested or received from VIVA!, the latter may unilaterally amend, at its discretion, both the procedure and the data and information that the user must enter to sign up and login on his online account, including, but not limited to, his email address, mobile phone, etc. Failure to follow the required procedure and/or enter the requested information, may result in blocked access to the user’s online account and to the Services.

D) BOOKING SERVICE - COMPLETION OF TRANSACTION

  • A booking option is available for most of the services offered through the Website, i.e. the option to reserve an available service on the express order of a user. The booking order will be binding upon the user who must in all cases pay the relevant price, unless the applicable cancellation procedure is followed in relation to the selected service.
  • By following the booking procedure, as established and set out on the Website, a user orders VIVA to facilitate the supply of the selected product by a Third Provider.
  • The Third Provider confirms the booking and VIVA undertakes to notify the user/principal in of such confirmation.
  • A transaction involving the booking and the supply of a selected product will be completed between the user and the Third Provider that ultimately supplies the product. Users must be informed of and unreservedly accept the terms of the Third Provider in relation to the supply of the selected and received product, for which the user will be responsible.If any change is made to the particulars of a tourist product selected and booked by a user, VIVA will take all reasonable efforts to notify the user of such change, provided that it has been timely informed in that respect by the relevant Third Provider.

E) COMMUNICATION

  • Communication, including any notification required under these terms, between VIVA and the Website users, will be duly made primarily using electronic means, and specifically the email address, communicated by the user to VIVA to that end.
  • Users must state their true particulars to VIVA, including their valid email address.
  • Users may contact VIVA online by sending an email to support@viva.gr, or by phone by calling the customer service department at 13855 and 211 7700 000, or 11876 for directory information services.
  • The method and means of communication between a user and a Third Provider is determined by the Third Provider, subject to the terms and contact details stipulated and disclosed by the latter.
  • It is noted that the statement of incorrect, inaccurate and/or false contact details may lead to inability and/or refusal to provide the selected service/product, and/or exclude the relevant user from using the Website and/or VIVA and/or Third Provider services; at the same time, the user will be responsible to repay the service/product and may be subject to further liability for compensation.
  • Users acknowledge and authorise VIVA to disclose and forward their contact details to Third Providers and any natural person or legal entity on a need to know basis, in order to complete the provision of the product selected by the user, as set out below in section “PROTECTION OF PERSONAL DATA”.
  • In case of breach of these terms, VIVA reserves the right to reject a booking on notice to the user.

F) PRICE LIST - METHOD OF PAYMENT

  • The prices shown on the Website next to each offered product represent the total price for a specific service, including all corresponding taxes and duties and any fee payable to VIVA for the services offered through the Website, as these apply at the time of booking or transaction completion, unless otherwise specified on the Website. It is noted that if the phone booking service is used, the interested user will be informed about the relevant cost in excess to the price indicated on the Website before confirming the booking, and the charge will be effected, if accepted by the user.
  • The cost of each product offered through the Website will be determined by the relevant Third Provider and communicated to VIVA, inclusive of imposed taxes and duties. VIVA will not be responsible for the level of, and/or any changes to, these prices.
  • The above prices shown on the Website may be changed by VIVA even after the booking procedure has been completed, if the Third Provider that set and communicated the relevant price changes the price and communicates that change. In all cases, it is noted that any changes to the prices after a booking has been confirmed will only be made in exceptional cases, primarily due to an increase in the imposed taxes, fees and/or duties.
  • The price of each product will be paid in the manner indicated on the Website. The primary method is payment by credit card of the specific types indicated in the Website, while most VIVA services may also be paid in cash in line with the instructions and conditions as may be notified by VIVA to users from time to time.
  • The particulars of the credit card holder are automatically forwarded to the payment services provider collaborating with VIVA, which will charge the service provision to the holder’s credit card. By way of exception, this does not apply to car rental, where credit card particulars are exclusively entered and the charge is made by the Third Provider that offers the tourist product.
  • If a reservation is made, VIVA may use the particulars of the user’s credit card to secure the reservation, subject to its right to take any action to charge that credit card with cancellation fees that may apply for the booked product, or with the price of the product, in line with these terms and/or the terms of the Third Provider that offers the specific product.
  • Users must use credit cards that they legally hold and are authorised to use. When a third person’s credit card is used, a written authorisation or consent of the card’s legal holder must be presented.
  • In providing and charging the services, VIVA may request from any user any information considered necessary (copy of ID card or passport and/or credit card, evidence of home address, etc), in order to identify the user’s particulars with the details of the used card’s holder, as well as for any other reason that VIVA may consider appropriate, in the context of service provision. In the case of documents that cannot be sent by email, these will be delivered in hard copy at the registered office of VIVA.
  • If a user opts to start a transaction for the purchase of services facilitated by VIVA and/or simply to complete the transaction by paying a payment services provider of those referred to in Law 3862/2010 (including banks, electronic money institutions and physical points of sale/shops operating as agents of electronic money institutions in accordance with Law 3862/2010), the relevant provider may charge the user/payer with transaction fees, in line with its applicable commercial policy, regardless of the means or method of payment selected by the user (i.e. in cash or by card or via the banks participating in DIAS DEBIT service, supporting payments at the cashier’s desk, via Internet Banking, Phone Banking and ΑΤΜs). With the exception of banks, all other payment services providers normally charge a fee of €1.00/transaction.
  • Car rental: car rental must only be made by credit card in the name of the driver who will collect the car. The credit card must be presented on collection of the car, otherwise the service might not be provided.

G) CANCELLATION - REFUND PROCEDURE

  • Third Providers will be solely responsible for providing the option and determining the procedure of cancellation or change in the reservation or in the supply of products they provide, in line with the terms they establish and disclose in relation to the offered products.
  • Users who wish to cancel or change their reservation or a product supplied must send a relevant request as soon as possible to support@viva.gr. If a Third Provider’s terms allow for cancellation or change, users will be informed accordingly, and the relevant terms will also apply to any refund and to any amount that might be withheld as cancellation fee. In addition to this amount, VIVA might charge cancellation or change costs, as these are determined by product and published on the Website.
  • It is noted that the initial fee of VIVA for completion of the reservation or supply of a product will not be refundable.

H) PERSONAL DATA PROTECTION - CONFIDENTIALITY

  • Access to the Website and receipt of the products displayed will require that users provide VIVA with those details that are necessary, at the discretion of VIVA, for the successful and secure delivery and receipt of the requested products. Users must state all true particulars that VIVA may request at its discretion for the completion of supply, including but not limited to email address, postal address, Greek mobile phone number, credit card details. By entering the requested particulars, users consent to the collection, use and processing of the personal data they have entered willingly for the purpose of receiving the requested products.
  • VIVA will collect and keep only that personal data that users disclose by entering the requested information in the relevant fields and/or answers, in the context of specific actions carried out by VIVA in which users willingly participate.
  • The purpose of the collection, use and processing of the personal data disclosed by each user to VIVA is the provision of services and the supply of products requested through the Website, which require the use and/or processing of that data.
  • By accepting these terms and conditions, users grant their express and unreserved consent to the use, keeping, processing and disclosure of the personal details and data provided to VIVA, by VIVA to Third Providers, to enable the delivery of the products requested through the Website. VIVA reserves the right to use the contact details provided by a user to send information messages about its products and services and relevant offers and/or announcements, provided that the user has so consented.
  • Third Providers whose products were selected by users also reserve the right to use the contact details provided by the users to VIVA to send information messages about to similar products and services.
  • If a user no longer wishes to have their personal data used for this type of information from VIVA, they may send an e-mail to support@viva.gr from the e-mail address stated on registration, stating “I DO NOT WISH TO RECEIVE INFORMATION”. Alternatively, they may select “DELETE FROM RECIPIENT LIST” on the e-mail received.
  • If they so wish, users may request information about their personal data kept by VIVA, the recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending a relevant e-mail to support@viva.gr from the e-mail address stated, attaching a copy of their ID card.
  • Collection, keeping, processing and transmission of the personal data disclosed by users to VIVA through the website will be collected, used and processed in accordance with the applicable provisions on personal data protection, pursuant to Law 2472/1997 and Law 3471/2006, as in force.
  • VIVA will allow access to personal data of users only to persons authorised to have access, in order to achieve the objective of data collection, use and processing, as hereby disclosed. In this context, VIVA reserves the right to authorise access and/or grant the right of user data use and processing to third, legal entities or natural persons assigned with processing.
  • Protection of the personal data of users by Third Providers is subject to the terms set and disclosed by such providers, and VIVA will not be held liable in that respect.
  • VIVA reserves the right to use the information communicated in a manner that does not enable the identification or disclosure of the person it refers to, for statistical, promotional, research and or advertising purposes, by disclosing it to third persons, e.g. research companies pursuing the above objectives.

I) DISCLAIMER

  • VIVA cannot guarantee the accuracy, precision and clarity of the information posted on the Website, including prices of products, since the information made available for publication by third parties and particularly Third Providers, and the verification and/or check of that information by VIVA, is not and could not be possible. For this reason, VIVA will not held liable in that respect, and reserves the right to proceed at no cost to corrections, updates and/or any other changes to this information, if so requested or agreed by the provider of the information, even if such a correction, update or change refers to and/or affects outstanding reservations.
  • VIVA does not guarantee and will not be responsible for the displayed availability of the offered products; VIVA displays specific information on the Website as communicated by each Third Provider.
  • VIVA does not guarantee and will not be responsible for the adequacy, suitability, availability of the products offered by Third Providers or for the acts or omissions of such Third Providers in the context of their cooperation with VIVA and/or the completion of the supply to users, which might give rise to claims for any reason. In any event, VIVA will not be held liable towards users or any third party for direct or indirect loss, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of actual or consequential damages resulting from or associated with access to and/or use of the Website and the products acquired through it.

J) OFFICE - CUSTOMER SERVICE HOURS

  • The official working hours of VIA central offices and customer service are 08.00 - 23.00 DAILY (Monday through Sunday) (except for the Ticket Cancellations/Changes Department that has different working hours). VIVA offices will provide information and accept ticket payments during the above hours only. Help desk services will be available for any issue except changes and cancellations 24 hour per day, 7 days per week.
  • The working hours of the Ticket Cancellations/Changes Department are 09.00 – 19.00, Monday through Friday. Any requests relating to changes/cancellations of tickets will be handled exclusively during these hours.
  • Any customer request submitted after the above hours in any method (by e-mail, phone, voice mail, etc), will be considered to have been received on the immediately subsequent working day, depending on the type of the request and the working hours of the competent department, as mentioned in the previous paragraphs.

K) PROMOTIONAL ACTIVITIES

VIVA will regularly carry out promotional activities in the form of prizes to consumers (discount coupons, free access to specific services, etc).

The prizes are offered in line with the special characteristics and/or restrictions each time described on www.viva.gr and or in any other promotional material (e.g. leaflets). Prizes will not be redeemable or exchangeable for cash.
VIVA may change at its discretion the special characteristics and the conditions under which prizes are offered, with no prior notice.

L) GENERAL TERMS

  • VIVA reserves its right to unilaterally amend these terms.
  • Non-acceptance or breach of these terms in whole or in part will entitle VIVA to reject a user’s reservation/purchase and/or block access to the Website and to the products offered through it. Relations between users and VIVA are governed by and construed in accordance with Greek law, and the Athens courts will have exclusive jurisdiction over the resolution of any disputes.

1.1 Special Terms of Travel & Transportation Services


1.1.1 Special Terms for the Purchase of Air Tickets

VIVA exclusively acts as a facilitator of the travel services that are presented and offered through the Website and provided by a product provider and/or third facilitator, hereinafter called the “Third Provider”, as displayed and communicated on the Website, in line with the terms and conditions that such Third Provider sets and communicates to the users of its services/products.
In addition to these General and Special Terms, the purchase of all kinds of air tickets through VIVA will be also subject to the General Conditions of Carriage of IATA (International Air Transport Association), as in effect and published here: http://travel.viva.gr/airtickets/iata-terms and here:
http://www.iatatravelcentre.com/e-ticket-notice/Cyprus/Greek/, which the users of services/products must have read and accepted before completing a purchase, otherwise they must refrain from any such action.


A) TICKET CHANGE AND CANCELLATION

For any request to change or cancel tickets, a user must submit an online request via the Website, filling out the relevant online change form or cancellation form as soon as possible.

In the case of online ticket purchase, users must submit their request to the VIVA, following the above procedure only.

In case of phone reservations, users may alternatively make their request to VIVA by phone, giving their booking number.

VIVA will forward the request to the relevant airline and the change or cancellation procedure will be completed in line with the procedures applied by the relevant airline.

Note: If a user has purchased tickets through the Website, but has submitted the change or cancellation request directly to the airline, VIVA will not be involved in the handling of that request and will not be held liable for direct or indirect loss, lost profit, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of actual or consequential damages sustained by the user.

Any actions that need to be carried out by VIVA in order to handle change/cancellation requests will be subject to the charges published here, plus any charges that the airline may impose for that change/cancellation. In many cases, airlines may apply an additional charge, depending on the type of fare. Further, the fare may be inflexible.

In case of ticket cancellation, the period until refund to a user depends on the procedure applied by each airline and usually ranges between 15 and 30 days. The Cancellations/Changes Department is open from Monday through Friday, 09:00 to 19:00 ((see details in «“OFFICE - CUSTOMER SERVICE HOURS” above).

Please note that, especially in cases where the third party provider is a low-cost airline (e.g. EasyJet, Ryan Air, Vueling, Air Berlin, etc), according to the cancellations and changes policy of those companies, users should directly contact the relevant airline to ask for the handling of their request for cancellation or change of a ticket was purchased through VIVA. Almost all low-cost airlines provide users with the option to request the change or cancellation of tickets directly through their websites.


B) TRAVEL DOCUMENTS


Service users will be solely and fully responsible for obtaining before their trip the appropriate, valid and legal travel documents and all accompanying documents as may be required (e.g. visa, passport, residence permit etc), in compliance with all applicable laws, regulations, orders and travel requirements of the countries of departure, destination or transit, and must be aware of the consequences that non-compliance could have on the user or third parties. VIVA will not be held liable for any direct, indirect, incidental, special or consequential loss caused by a user's failure to obtain the appropriate travel documents. For this reason, when planning their trip users are advised to contact the competent authorities (e.g. embassy, consulate, etc) for any information concerning the terms and conditions that they should meet before travelling.


C) TRAVEL INSURANCE


Specifically with regard to travel insurance services, it is clarified that VIVA does not operate as an insurance agent or broker or advisor. The insurance services facilitated through the Website are exclusively provided by Mondial Assistance insurance company. The service is provided to users in line with the instructions, terms, conditions and exceptions stipulated by Mondial Assistance, about which users may be informed when selecting an insurance plan.


D) DISCLAIMER


If, for security reasons, a user's order is automatically rejected by the system of VIVA, or if the issue of a user's tickets cannot be completed due to any technical problem in the intermediate systems involved, even if the user has fully repaid the price of the order, VIVA will not be held liable for any difference in value in the cost of the fare after the problem has been resolved and the tickets have been issued.

1.1.2 Special Terms for the Purchase of other Travel & Transportation Services

Ferries:


Taxi:
If a user cancels the request for transportation by taxi, the terms and charges of the cancellations policy published here will apply.

Right of Withdrawal under Law 2251/1994
In accordance with Law 2251/1994 on consumer protection, as in force, and particularly in respect of distance contracts (online or by phone), passenger transportation, good transportation, car rental and services associated with leisure activities are expressly excluded from the right of withdrawal within the meaning of this law, if the contract stipulates a specific performance date or time limit. Therefore, this exception applies to all travel and transportation services facilitated through the Website (airline and ferry reservations, bus tickets, car rental, taxi transportation reservations).



1.2 Special Terms for the Purchase of Event Tickets



VIVA exclusively acts as a booking facilitator for events and products presented and facilitated through the Website and offered by Third Party Providers, in accordance with the terms and conditions that such Third Providers establish and disclose to the public.

These services are facilitated by VIVA through any channel of its network, i.e. either through the website or other points of presence, whether physical or not, proprietary or owned by VIVA partners and agents.
Please note that in the context of its facilitator activities in the field of event tickets, VIVA normally provides Third Providers (e.g. organisers and/or producers of any event, etc) only with its information system for the reservation and issue of their tickets, without collecting the relevant price itself. The price corresponding to the reservation and issue of event tickets from any VIVA channel (online or physical network, proprietary or owned by VIVA partners and agents), using any method of payment (card, cash, etc.), is normally collected through a payment services provider referred to in Law 3862/2010 cooperating with each Third Provider being the legal recipient that directly receives all proceeds, in accordance with the provisions of the above Law (Law 3862/2010).

1.2.1 BOOKING CONFIRMATION



If the user does not receive a transaction code (through a confirmation page, by email, or to their mobile phone) after the submission of particulars for the completion of the transaction, or if a error message is displayed or the service is interrupted while sending the particulars, the user must contact the customer service department of VIVA to check whether the transaction has been completed or not. VIVA may not be held liable for pecuniary or other loss if for any reason the user has not received a booking/transaction confirmation.

1.2.2 PRICE LIST



The cost of each product offered through the Website will be determined by the relevant Third Provider and communicated to VIVA, inclusive of imposed taxes and duties. VIVA will not be responsible for the level of, and/or any changes to, these prices.

Where a Third Provider’s commercial policy so permits, VIVA may offer a ticket price lower than the price set by the Third Provider.

1.2.3 CHANGES & CANCELLATIONS - REFUND PROCEDURE



Third Providers will be solely responsible for providing the option and determining the procedure of cancellation or change in the reservation or in the supply of products they provide, in line with the terms they establish and disclose to the public. Cancellations are typically not possible, while changes, if so permitted by a Third Provider, are usually allowed within a specific time limit from the date of the event selected by the user.
Before making a purchase, users may request information in writing or by phone from VIVA in relation to the changes and cancellations policy applied by the relevant Third Provider. Users who wish to cancel or change their reservation or a product supplied through the Website may contact VIVA at support@viva.gr. If a Third Provider’s terms allow for cancellation or change, users will be informed accordingly, and the relevant terms will also apply to any refund and to any amount that might be withheld as cancellation fee. In this context, a user may have to directly contact the Third Provider to complete the cancellation, change or refund procedure, if this option is available.

As mentioned in paragraph 1.2 above, considering that VIVA normally does not collect the price for the reservation and issue of Third Provider event tickets, VIVA will not make refunds to consumers for any reason, and consumers may not raise any such claim against VIVA. Any claims of service users (consumers) may be submitted directly to the relevant Third Provider that has collected the price from the issue of the tickets.

Village Cinemas tickets:

VIVA in no case proceeds to changes or cancellations of Village Cinemas tickets. To this end, User is requested to contact the corresponding movie theater no later than 30 minutes from the start of the movie, in order to submit a request, according to the Third Provider’s Terms of Use published here: https://www.villagecinemas.gr/el/oroi-hrisis/.

RIGHT OF WITHDRAWAL UNDER LAW 2251/1994

In accordance with Law 2251/1994 on consumer protection, as in force, and particularly in respect of distance contracts (online or by phone), services associated with leisure activities are expressly excluded from the right of withdrawal within the meaning of this law, if the contract stipulates a specific performance date or time limit. Therefore, this exception applies to all kinds of event tickets made available through the Website.

1.2.4 TERMS OF EVENT ENTRY



1. The purchase of a ticket grants the ticket holder the right to attend the event indicated on the ticket, provided that he accepts and complies with the terms of venue operation. A spectator’s entry to the event will be construed as unreserved acceptance of these terms.

2. The ticket will allow one entry and will be valid only if sold at an official point of sale. The exchange, resale and distribution of tickets in general will be prohibited. Tickets purchased with the intention of being used for business, commercial, advertising or other purposes without the organisers’ permission may be cancelled.

3. The Organiser may prohibit the entry of persons under the influence of alcohol or drugs, carrying bottles or other dangerous or inflammable objects, even if they hold tickets. The transfer and use of audiovisual equipment inside the venue (to video and audio record and take photographs of the event in whole or in part) will be prohibited. Ticket holders acknowledge that their personal belongings may be searched in the context of the above prohibitions.

4. The Organisers will not be held liable for any quarrels between spectators, any damage or loss of personal belongings of spectators at the venue. Further, they will not be replace stolen or lost tickets.

5. The audience must follow the instructions of the Organisers’ security staff and representatives in safety issues. Crowd surfing is strictly prohibited for safety reasons.

6. If the event is postponed due to force majeure that renders the performance of the event impossible, or for organisation reasons, the Organisers reserve the right to change the date, time and place of the event by making a relevant announcement on the media. In this case, the tickets will remain valid and will not be refunded. The Organisers also reserve the right to change the event programme.

7. If an event is cancelled, tickets will be refunded within a certain period of time at the points to be announced on the media. Spectators acknowledge that the organisers will not be responsible to pay compensation for any costs incurred as a result of the cancellation, other than the price of the tickets.

8. An event will be considered to have been completed and will not be postponed if interrupted and postponed for reasons of force majeure not earlier than thirty-five (35) minutes from its start. In this case tickets will not be refunded.

9. If the same ticket allows entry to/attendance of several events, happenings, performances, concerts (e.g. festival) and the performance of a group or individual artist is cancelled, spectators acknowledge that they will be refunded the corresponding portion of the ticket price and that the Organiser will not rely on any assessments of the artistic value of the group or artist that did not perform.

10. This ticket will not entitle its holder to any other free item, unless so announced. Purchase of items at the bar/canteen is optional.

11. Portions of the event may be video/audio recorded. Any audience appearing in those portions may make no claims against the recording company or the Organisers.

12. In the case of discounted tickets (for students, youth, unemployed, etc), holders must carry and show at the event entry the relevant card/certificate (student pass, unemployment card, etc).


1.3 Special Terms for the Purchase of "VIVA POS" Terminals


POS PURCHASE TERMS

1. Scope

This Agreement exclusively covers all product sales of Viva Online Services SA (hereinafter called Viva), a sole proprietorship with registered office in Marousi, Attica, at 18-20 Amarousiou Chalandriou Ave.151 25, with TIN 998988329/Tax Office: Athens Tax Office for Societes Anonymes, as these products are available for sale on the website www.vivawallet.com belonging to Payment Institution Viva Payment Services SA, in accordance with Law 3862/2010. Any user that accesses and uses the Viva e-shop services is considered to have read, understood, consented to and unreservedly accepted the terms and conditions herein stipulated without any exceptions whatsoever. If a user does not agree with these terms and conditions, they should refrain from using the e-shop and from transacting therewith. Placing an order with Viva entails unreserved acceptance of this Agreement and all of its terms and conditions.

2. Object of VIVA e-shop & Conditions of product use

The POS category products that are available for sale on the Viva e-shop (hereinafter called the products) exclusively pertain to payment terminals for cards (credit, debit and prepaid). The products satisfy the requirements published in detail for each product on the Viva e-shop, which you are requested to carefully read before placing an order. The products are exclusively intended for Businesses and Freelancers to be used solely and exclusively in their commercial or freelance activities in the context of which they wish to accept payments by card. The products operate exclusively with the Payment Services provided by VIVA PAYMENTS. Registration and identification as a Merchant and maintaining an effective cooperation agreement with VIVA PAYMENTS is prerequisite for the use of the products in order to accept payments by card, in accordance with the terms and conditions published from time to time on www.vivawallet.com. Rejection of your request by VIVA PAYMENTS and/or interruption of the payment services to your Business in part or in whole, at any time and for any reason, shall render you fully unable to use the products supplied to you. In this case, neither Viva nor VIVA PAYMENTS shall be held liable for compensation. Therefore, it is recommended that you complete the registration and identification procedure with VIVA PAYMENTS before purchasing the products. Resalling, transfer of ownership as well as transfer of the right of use of the product is strictly prohibited without Viva’s prior written consent. For security reasons Viva reserves the right to interrupt immediately the clearing process of all transactions made with products that were sold το Businesses and Freelancers through third parties without Viva’s written consent.

3. Orders

Orders shall be exclusively written and placed online by filling out and sending the relevant Order Form that can be found on www.vivawallet.com. Your order will be considered received by Viva on receipt of a confirmation email. Notifications on order status will be displayed on your screen and sent by e-mail to the e-mail address you have entered. During the processing of each registered order, the availability of the product stock you ordered will be confirmed. If the availability differs from that indicated on the product page, you will receive a relevant notification. You are required to review the confirmation e-mail and immediately inform Viva in writing (within 2 hours at the latest from receipt of the confirmation e-mail) of any errors, otherwise the details mentioned in e-mail will be applied to this Agreement. Please consider the following before placing an order: - The prices of various products indicated on the website pages are exclusive of legal VAT. - The e-shop prices may change at any time without prior notice. - Various product offers will last until stocks run out or for a certain period of time, as may be posted on the website. Viva takes great care to ensure that you are provided with products and services of high quality on a daily basis. Viva shall not be held liable for any errors in product features, images and prices displayed on www.vivawallet.com, and cannot guarantee that no errors will arise from any cause in entering and/or updating the features and/or the price of a product. In the spirit of good faith and for your own protection, if you find that a product is offered at an unusually low or high price compared to its market value, you are kindly requested to contact the VIVA Customer Service at 13855 from fixed or mobile phone, or send an e-mail to support@viva.gr.

4. Order cancellation

You can cancel an order at any stage before receiving the product, by calling 13855 from fixed or mobile phone, or by sending an e-mail to support@viva.gr. We will inform you of the options available to you depending on the stage of your order.

5. Delivery / Ownership / Risk

The products may be shipped to any location within the Greek territory. The products will be shipped to the location indicated in the Order Form by a courier service. With regard to areas to which your order may not be shipped by courier, delivery will be made by Hellenic Post at the delivery time prescribed by the Hellenic Post. Deliveries are made daily except Saturday, Sunday and holidays. Viva will take all efforts to have the products delivered within 1-3 business days (Monday through Friday). For product availability noted as “UPON ORDER”, “LIMITED AVAILABILITY” or “TEMPORARILY UNAVAILABLE”, and provided that the relevant products can be ordered from the suppliers of Viva, the delivery time is estimated at 5-20 business days (Monday through Friday) depending on the product category. Start of product sale until 1/4/2015. Ownership of the product will be transferred after full repayment, while the risk will be transferred upon delivery.

6. Product warranty

Web content composed with the free instant.

7. Right of Withdrawal

You may return the products purchased from our e-shop, at no cost and without the obligation to tell us why you wish to return the products, within the mandatory time limit of fourteen (14) calendar days from the date that the products are delivered. In this case you will only be charged with the direct cost of returning the products. Returns will only be accepted if the products you wish to return are in the same condition as when you received them, i.e. without the packaging being unsealed or opened, together with the sales receipt or invoice. If you choose to withdraw or change your mind, you can return the product by bringing it to the "Smartec S.A.” (Fidipidou Street 7, 124 61 - Chaidari),during business days and hours. Depending on the method selected to pay for your order and regardless of how you return the products, your money will be refunded within 30 days from the day that we will receive the products. The refund may be paid by crediting your bank account communicated to Viva, or directly into the credit card used to purchase the product.

8. Force Majeure

Viva will not be responsible for any delays in the execution of this agreement (including delivery) that are due to events not attributed to the fault of Viva, or are due to Force Majeure events, and therefore Viva will be entitled to extend the execution time. Such events may indicatively include strikes, terrorist acts, war, supplier/transportation/production problems, fluctuations in the currency exchange rates, governmental or legislative acts and natural disasters. If such events persist for more than 2 months, this agreement may be terminated by either party at no cost.

9. Amendments to the terms hereof

Viva reserves the right to amend or renew the terms and conditions of transactions. An amendment or renewal will become effective as soon as this text is updated with any change.

10. Protection of Personal Data - Confidentiality



11. Miscellaneous



12. Applicable Law - Jurisdiction

This Agreement is governed by European and Greek Law, particularly those acts regulating matters relating to electronic commerce and distance selling, and is subject to the exclusive jurisdiction of the Athens courts.

1.3.1 Scope


1. POS LEASE TERMS


1. Scope

1.1. These terms and conditions apply exclusively to any lease of POS Products for cards acquiring (hereinafter “POS Products”) entered into by and between the Société anonyme under the trade name  “VIVA ONLINE SERVICES S.A.” with its headquarters in Amaroussion of Attica, 18-20 Amarousiou - Chalandriou street, P.C. 15125, Tax ID No. 998988329, Tax Authority of Athens for Sociétés Anonymes, Business Registry No. 006549001000 (hereinafter «VIVA»), as lessor and any legal entity or individual acting as Merchant, as lessee (hereinafter the “Merchant”).

2. Lease conclusion

2.1. The Merchant may rent POS Products from VIVA upon relevant request, by choosing the quantity (pieces) and the type of POS products he wishes to rent with any of the following ways:

(i) electronically on VIVA’s official webpage, www.vivawallet.com/pos ,

(ii) by phone, by dialing the short telephone number 13855 (either by landline or cell phone) or by contacting VIVA’s contractual associates,

(iii) upon Merchant’s visit at the physical points of POS Products retail disposal, or

(iv) upon contact with VIVA’s promoter- representative who visits Merchant’s premises. 

POS Products delivery shall take place as per term 3.3. below, except from cases (iii) and (iv), in which Merchant shall simultaneously receive POS Products.

2.2. Upon submission of lease request according to the above, VIVA shall issue electronically an Order Note stating the order/ agreement number, Merchant’s data (trade name, full address, Tax ID number, Tax Authority), recipient’s data (name, address), the type and quantity of POS Products to be leased, the lease term, the lease rate as net value, VAT and gross value, the delivery method and any delivery costs.  

2.3. Upon activation of POS Products, Merchant declares by its lawful representative, that Merchant acknowledges and unconditionally accepts terms hereof. In case of disagreement with any term hereof, the Merchant shall abstain from lease request and order of POS products and in any case from the POS Products use including activation.

2.4. POS Products operate exclusively for transactions concluded in the context of the Payment Services provided by the E-money Institution under trade name “VIVA PAYMENT SERVICES SA” (hereinafter “VIVA PAYMENTS”). Therefore, in order to conclude transactions by using the POS Products, the Merchant shall have been firstly registered to VIVA PAYMENTS as Professional User and own an active and authenticated account, according to the terms and conditions as in force and uploaded from time to time to the official webpage of VIVA PAYMENTS www.vivawallet.com, and then the cooperation agreement between Merchant and VIVA PAYMENTS for cards acquiring shall be valid and in force.


3. VIVA Declarations

3.1. In the context hereof, VIVA provides to the Merchant the right to use the POS Products for a term set under 6 below, and the Merchant shall pay to VIVA the lease rate according to 5 below.

3.2. VIVA undertakes to deliver the POS Products to the Merchant without any faults, suitable for use and equipped with the specifications and certifications as provided for by the current legislation and regulatory framework, the International Card Schemes Regulations (indicatively VISA, MASTERCARD) under recognized security protocols (PCI-DSS). VIVA shall take any suitable means to preserve POS Products’ features, certifications and specifications unchanged during the whole term of the lease, in order to render its use feasible.

3.3.  In case of lease request electronically or by phone [term 2.1. (i) and (ii)] VIVA undertakes to deliver POS Products to Merchant at the address declared by the latter upon lease request submission, by courier, within reasonable time, according to the availability of POS Products. Merchant shall bear any delivery costs. VIVA shall bear no liability for any delay in POS Products delivery to the Merchant attributed to courier service provider or force majeure.

3.4. If, during the term hereof, the POS Products appear with any fault, damage or malfunction, which are not attributed to the Merchant’s bad use or use against the indicated one, VIVA undertakes depending on the POS Products’ damage/ malfunction/ fault, either to repair or replace them with other of the same or equal specifications and features, within reasonable time from relevant malfunction notification to VIVA, without any burden of Merchant except from the transfer costs. The delivery of the replacing POS Products shall be accompanied by Delivery Note stating the serial number both of the replacing and replaced POS Products. VIVA shall bear no liability towards the Merchant for any damage, material or consequential, or loss of profits suffered by the Merchant due to such reason. 

3.5. VIVA is not a credit or financial institution or payment institution or payment services provider of any other form and is not anyhow involved with and thus bears no liability for the transactions, charges and debits concluded by use of POS Products leased by the Merchant. For any issue regarding the transactions, charges and debits, the Merchant shall address to VIVA PAYMENTS.

3.6. In case of violation by Merchant of any term hereof as indicatively in case of non-timely or non-payment of lease rate by Merchant, VIVA may suspend leased POS Products operation or/ and terminate the agreement according to term 7 below.

4. Merchant’s Declarations

4.1. Throughout the whole term hereof, Merchant shall make proper and diligent use of the POS Products, by complying in full with the instructions of use included in the POS Products packaging as well as any other instructions uploaded on the webpage www.vivawallet.com/pos for the specific POS Products type.

4.2. Merchant declares that he/ she shall use the above POS Products for any lawful business activity at the declared premises according to the moral and business ethics.

4.3. Merchant is prohibited to sell, sublease or further grant the right of use of the POS Products to any third party, as well as to assign or transfer any of Merchant’s rights hereof or be in any way substituted to Merchant’s undertakings hereof by any third party.

4.4. The Merchant is obliged to immediately notify VIVA, without any unjustifiable delay, for any damage or malfunction of POS Products’ either by contacting VIVA’s Technical Support Department by phone by dialing 2117604000, or by sending an e-mail to the e-mail address support@vivawallet.com.

4.5. If POS Products repair or replacement is required due to their damage, malfunction or destruction attributed to Merchant’s fault or negligence, the relevant cost shall burden the Merchant.

4.6. In case of POS Products theft or loss, the Merchant shall immediately notify such fact to VIVA and in any case the Merchant bears any relevant replacement cost.

4.7. Merchant shall notify VIVA in writing and immediately, without any unjustifiable delay, any alteration of its legal form, its representation as well as its assets and financial status, and VIVA is entitled to terminate the lease, if such alterations are considered upon VIVA’s absolute discretion to affect VIVA’s interests.

4.8. Merchant declares that Merchant’s data as declared upon the submission of the order are true and valid and shall notify to VIVA in writing for any further amendment immediately and even in advance if possible. Such data shall be in force since their notification to VIVA.

4.9. The Merchant owns exclusively the right to use the POS Products and shall not possess any other right of ownership or exploitation over the POS Products or of their established software.

4.10. Any intervention, repair or modification of the POS Products or their software by the Merchant is expressly prohibited.

4.11. The use of POS Products shall be exclusively conducted by Merchant’s lawful representatives or employees suitably authorized and trained to do so. 


5. Financial Terms / Lease Rate

5.1. Merchant shall pay to VIVA a lease rate, which is agreed to be paid every six months at a standard amount as mentioned in the relevant Order Note plus VAT as applicable.

5.2. Merchant shall pay the lease rate to VIVA within ten (10) first calendar days of each six- month period. The first six-month period shall commence from the date of receipt of POS products.

5.3. Merchant shall pay to VIVA the lease rate of each and every six-month lease period as well as any other charge due to this lease agreement (e.g. indicatively and not exclusively the delivery expenses) through Merchant’s electronic account VIVA WALLET kept with VIVA PAYMENTS. Merchant shall keep adequate balance in Merchant’s account VIVA WALLET during the time period mentioned in the term 5.2. above. The respective Invoice for the Provision of Services for each six-month lease period shall be issued the first day of such period and shall be available electronically by any suitable electronic mean, indicatively by e-mail, by sending electronic message through Merchant’s account VIVA WALLET to which POS Products are logged on to, text to Merchant’s mobile phone number as declared to VIVA, etc.

5.4. Upon acceptance hereof, Merchant accepts and consents to pay to VIVA any lease rates and other costs due to this lease, with direct charge of its business VIVA WALLET account kept with VIVA PAYMENTS. The above VIVA WALLET charge shall be executed upon VIVA’s order, in its capacity as beneficiary, under Merchant’s relevant authorization, according to data transmitted by VIVA to VIVA PAYMENTS and Merchant’s VIVA WALLET account shall be charged with an amount equal to the lease rate and any other costs due, as referred to in the respective Invoice issued.

5.5. It is specifically provided that the lease rate as per the first six-month lease period shall be paid by Merchant upon receipt of POS Products the latest by means as notified by VIVA by the time of lease request submission.


6. Duration


6.1. The minimum duration of this lease agreement is two (2) years starting from the delivery of POS Products to the Merchant.

6.2. The duration of the lease agreement shall be renewed automatically for two (2) more years, unless Merchant declares in writing to VIVA, thirty (30) calendar days before the lapse of the contractual duration stated under 6.1. above, that Merchant does not wish the lease renewal. The lease rate of the renewed lease period shall be the one for POS Products of the same type, as provided in VIVA’ s pricelist in force upon lapse of the deadline as provided in the first subparagraph 6.2. above.


7. Termination

7.1. The time period of the first eighteen (18) months from either the beginning of this lease or its renewal is agreed as obligatory minimum stay to this agreement. If Merchant terminates the lease agreement at any time and for any reason within such period, the termination is only valid against VIVA if in writing, with immediate effect upon being notified to VIVA, and upon the condition that Merchant pays to VIVA the lease rates for the whole contractual term of this lease (terms 6.1. and 6.2. above) plus early termination fee, as amounts at the termination time, uploaded to the relevant charges page www.vivawallet.com. After the lapse of such termination, Merchant may terminate this lease in writing, with immediate effect, whenever without obligation to pay early termination fee. In such case, however, the lease rate for the six-month lease period within which the lease agreement is terminated, shall be payable and in case it has been paid, is not refunded.

7.2. VIVA is entitled to terminate this lease agreement in writing, with immediate effect from its notification to Merchant, indicatively in the cases stated below:

  1. a) violation on behalf of the Merchant of any term hereof such as indicatively in case of non-timely or non-payment of the lease rate by the Merchant as provided under the term 5 above,
  2. b) improper use of POS Products on behalf of the Merchant,
  3. c) termination of the agreement for cards acquiring between Merchant and VIVA PAYMENTS,
  4. d) Merchant’s entering into or filing petition to enter into bankruptcy, liquidation or any other equivalent status of cease of payments.

In such case, Merchant shall pay to VIVA any lease rate for the whole contractual term of the lease as per terms 6.1. or 6.2. respectively.

7.3. In case of termination of hereof in any way, Merchant is obliged to immediately cease the use of POS Products and deliver them to VIVA at the address indicated by the latter in a good condition as well as any other material given to Merchant due to this agreement, within fifteen (15) calendar days. Otherwise, the Merchant shall pay to VIVA compensation amounting to the price of the POS Products plus taxes and fees. In case the Merchant delivers the POS Products within the above period but with damages not relating to the usual and agreed use, the Merchant shall refund VIVA, and such refund shall amount to the price of POS Products as in force at the time of lease agreement conclusion plus taxes and fees. 


8. Right of Withdrawal

8.1. The Merchant may withdraw from the lease agreement at no cost and without any justification within 14 calendar days starting from the next day of POS Products receipt.

8.2. In order to exercise the right of withdrawal, the Merchant shall inform VIVA respectively within the above time period, by making a clear statement (e.g. letter by post or by e-mail).

8.3. In case of withdrawal, Merchant shall return to VIVA the above POS Products to the address of its warehouse («SMARTEC SA», 7 Feidippidou street, 124 61 – Chaidari), within 14 calendar days from the date of relevant notification to VIVA, during working days and hours and shall be burdened with the return costs. The Merchant shall be responsible for returning the POS Products to VIVA and the Product shall be in the same condition as when the Merchant received the Product, i.e. without the Product being activated, within the package, at a perfect condition and with all the materials included in the package. VIVA shall return to the Merchant any money received from the latter in the context hereof, within 14 calendar days from the date that VIVA has been informed about the withdrawal and with the same means of payments used by the Merchant at the time of lease agreement conclusion.


9. Personal Data Protection

9.1. VIVA will solely collect and keep any data and personal data that Merchant may disclose to VIVA by entering the requested details in the relevant fields. The purpose of collecting, using and processing Merchant’s data and the personal data (in case of individual as merchant or legal representative of merchant) is POS Products lease.

9.2. Upon acceptance of terms hereof, Merchant grants his explicit and unreserved consent to the use, keeping, processing and disclosure of any data and personal data provided to VIVA, by VIVA or third parties collaborating with VIVA for the services provided hereunder.

9.3. VIVA has the right to use the contact details that the Merchant provided, in order to send information in relation to VIVA’s products and services. If Merchant no longer wishes to have Merchant’s data and personal data used for this type of information from VIVA, Merchant may send an e-mail via Merchant’s legal representative to support@viva.wallet.com, stating “I DO NOT WISH TO RECEIVE INFORMATION”.

9.4. The collection, keeping, processing and disclosure of the personal data that the Merchant provides to VIVA either electronically or by phone, will be collected, used and processed in accordance with the applicable provisions on personal data protection.

9.5. Merchant or/ and any Merchant’s lawful representative may whenever request information about their data or/ and personal data as kept by VIVA, their recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending relevant e-mail to support@vivawallet.com.

9.6. Viva shall allow access to data or/ and personal data of the Merchant or/and Merchant’s lawful representatives only to persons authorized to have access, in order to achieve the scope of data collection, use and processing, as hereby disclosed. In this context, VIVA reserves its right to grant authorised access and/or right of use and processing of such data and personal data to third parties, legal entities or natural persons, as data processors.

9.7. Merchant is hereby informed that in case of non-payment of the due lease rates, VIVA is entitled to provide the Merchant’s data to third parties as required for the purpose of recourse of these due lease rates.

9.8. VIVA and its authorized associates may proceed to the recording of the content of its communications with the Merchant for the purpose of transactions security and/ or to prove a communication and/ or a transaction made in full compliance with the applicable legislation mainly by notifying termination of the recording. Merchant accepts the recording and undertakes to inform all Merchant’s agents regarding the possibility of recording Merchant’s communications, as well as any procedures as per the initiation and termination of the recording of a communication applied by VIVA in compliance to the applicable legislation.


10. Terms Amendment

10.1. VIVA is entitled to whenever amend the terms and the prerequisites hereof. The amendment of the terms shall be uploaded on VIVA’s official website and Merchant shall check the website frequently. In case the Merchant does not agree with any amendment hereof, may terminate the lease agreement, in accordance with the provisions of term 7 above.


11. Applicable law

11.1. This Agreement is governed by Greek law. Any disputes that may arise in the context hereof are subject to the exclusive jurisdiction of the Athens courts.

12. Miscellaneous

12.1. These terms and the Order Note issued upon lease request constitute the lease agreement.

12.2. In case of contradictory provisions, the terms of the Order Note shall prevail being more specific.

12.3. Should any term hereof be found to be invalid or unenforceable, the rest of the Agreement shall remain valid.

12.4. All notice shall be made in writing to VIVA either to the address of the registered seat of VIVA mentioned under 1.1. above or by e-mail to the address possales@vivawallet.com.


1. POS LEASE TERMS

1. Scope


1.1. These terms and conditions apply exclusively to any lease of POS Products for cards acquiring (hereinafter “POS Products”) entered into by and between the Société anonyme under the trade name “VIVA ONLINE SERVICES S.A.” with its headquarters in Amaroussion of Attica, 18-20 Amarousiou - Chalandriou street, P.C. 15125, Tax ID No. 998988329, Tax Authority of Athens for Sociétés Anonymes, Business Registry No. 006549001000 (hereinafter «VIVA»), as lessor and any legal entity or individual acting as Merchant, as lessee (hereinafter the “Merchant”).

2. Lease conclusion

2.1. The Merchant may rent POS Products from VIVA upon relevant request, by choosing the quantity (pieces) and the type of POS products he wishes to rent with any of the following ways:

(i) electronically on VIVA’s official webpage, www.vivawallet.com/pos ,

(ii) by phone, by dialing the short telephone number 13855 (either by landline or cell phone) or by contacting VIVA’s contractual associates,

(iii) upon Merchant’s visit at the physical points of POS Products retail disposal, or

(iv) upon contact with VIVA’s promoter- representative who visits Merchant’s premises. 

POS Products delivery shall take place as per term 3.3. below, except from cases (iii) and (iv), in which Merchant shall simultaneously receive POS Products.

2.2. Upon submission of lease request according to the above, VIVA shall issue electronically an Order Note stating the order/ agreement number, Merchant’s data (trade name, full address, Tax ID number, Tax Authority), recipient’s data (name, address), the type and quantity of POS Products to be leased, the lease term, the lease rate as net value, VAT and gross value, the delivery method and any delivery costs.

2.3. Upon activation of POS Products, Merchant declares by its lawful representative, that Merchant acknowledges and unconditionally accepts terms hereof. In case of disagreement with any term hereof, the Merchant shall abstain from lease request and order of POS products and in any case from the POS Products use including activation.

2.4. POS Products operate exclusively for transactions concluded in the context of the Payment Services provided by the E-money Institution under trade name “VIVA PAYMENT SERVICES SA” (hereinafter “VIVA PAYMENTS”). Therefore, in order to conclude transactions by using the POS Products, the Merchant shall have been firstly registered to VIVA PAYMENTS as Professional User and own an active and authenticated account, according to the terms and conditions as in force and uploaded from time to time to the official webpage of VIVA PAYMENTS www.vivawallet.com, and then the cooperation agreement between Merchant and VIVA PAYMENTS for cards acquiring shall be valid and in force.


3. VIVA Declarations

3.1. In the context hereof, VIVA provides to the Merchant the right to use the POS Products for a term set under 6 below, and the Merchant shall pay to VIVA the lease rate according to 5 below.

3.2. VIVA undertakes to deliver the POS Products to the Merchant without any faults, suitable for use and equipped with the specifications and certifications as provided for by the current legislation and regulatory framework, the International Card Schemes Regulations (indicatively VISA, MASTERCARD) under recognized security protocols (PCI-DSS). VIVA shall take any suitable means to preserve POS Products’ features, certifications and specifications unchanged during the whole term of the lease, in order to render its use feasible.

3.3. In case of lease request electronically or by phone [term 2.1. (i) and (ii)] VIVA undertakes to deliver POS Products to Merchant at the address declared by the latter upon lease request submission, by courier, within reasonable time, according to the availability of POS Products. Merchant shall bear any delivery costs. VIVA shall bear no liability for any delay in POS Products delivery to the Merchant attributed to courier service provider or force majeure.

3.4. If, during the term hereof, the POS Products appear with any fault, damage or malfunction, which are not attributed to the Merchant’s bad use or use against the indicated one, VIVA undertakes depending on the POS Products’ damage/ malfunction/ fault, either to repair or replace them with other of the same or equal specifications and features, within reasonable time from relevant malfunction notification to VIVA, without any burden of Merchant except from the transfer costs. The delivery of the replacing POS Products shall be accompanied by Delivery Note stating the serial number both of the replacing and replaced POS Products. VIVA shall bear no liability towards the Merchant for any damage, material or consequential, or loss of profits suffered by the Merchant due to such reason. 

3.5. VIVA is not a credit or financial institution or payment institution or payment services provider of any other form and is not anyhow involved with and thus bears no liability for the transactions, charges and debits concluded by use of POS Products leased by the Merchant. For any issue regarding the transactions, charges and debits, the Merchant shall address to VIVA PAYMENTS.

3.6. In case of violation by Merchant of any term hereof as indicatively in case of non-timely or non-payment of lease rate by Merchant, VIVA may suspend leased POS Products operation or/ and terminate the agreement according to term 7 below.


4. Merchant’s Declarations

4.1. Throughout the whole term hereof, Merchant shall make proper and diligent use of the POS Products, by complying in full with the instructions of use included in the POS Products packaging as well as any other instructions uploaded on the webpage www.vivawallet.com/pos for the specific POS Products type.

4.2. Merchant declares that he/ she shall use the above POS Products for any lawful business activity at the declared premises according to the moral and business ethics.

4.3. Merchant is prohibited to sell, sublease or further grant the right of use of the POS Products to any third party, as well as to assign or transfer any of Merchant’s rights hereof or be in any way substituted to Merchant’s undertakings hereof by any third party.

4.4. The Merchant is obliged to immediately notify VIVA, without any unjustifiable delay, for any damage or malfunction of POS Products’ either by contacting VIVA’s Technical Support Department by phone by dialing 2117604000, or by sending an e-mail to the e-mail address support@vivawallet.com.

4.5. If POS Products repair or replacement is required due to their damage, malfunction or destruction attributed to Merchant’s fault or negligence, the relevant cost shall burden the Merchant.

4.6. In case of POS Products theft or loss, the Merchant shall immediately notify such fact to VIVA and in any case the Merchant bears any relevant replacement cost.

4.7. Merchant shall notify VIVA in writing and immediately, without any unjustifiable delay, any alteration of its legal form, its representation as well as its assets and financial status, and VIVA is entitled to terminate the lease, if such alterations are considered upon VIVA’s absolute discretion to affect VIVA’s interests.

4.8. Merchant declares that Merchant’s data as declared upon the submission of the order are true and valid and shall notify to VIVA in writing for any further amendment immediately and even in advance if possible. Such data shall be in force since their notification to VIVA.

4.9. The Merchant owns exclusively the right to use the POS Products and shall not possess any other right of ownership or exploitation over the POS Products or of their established software.

4.10. Any intervention, repair or modification of the POS Products or their software by the Merchant is expressly prohibited.

4.11. The use of POS Products shall be exclusively conducted by Merchant’s lawful representatives or employees suitably authorized and trained to do so. 


5. Financial Terms / Lease Rate

5.1. Merchant shall pay to VIVA a lease rate, which is agreed to be paid every six months at a standard amount as mentioned in the relevant Order Note plus VAT as applicable.

5.2. Merchant shall pay the lease rate to VIVA within ten (10) first calendar days of each six- month period. The first six-month period shall commence from the date of receipt of POS products.

5.3. Merchant shall pay to VIVA the lease rate of each and every six-month lease period as well as any other charge due to this lease agreement (e.g. indicatively and not exclusively the delivery expenses) through Merchant’s electronic account VIVA WALLET kept with VIVA PAYMENTS. To that end, by accepting the terms hereof, Merchant gives to VIVA PAYMENTS the mandate to charge Merchant’s business account VIVA WALLET with the amount corresponding to the payable lease rate as well as any other amount owed by Merchant to VIVA out of this lease, as stated in the respective Invoice issued and to pay these amounts to VIVA. Merchant shall keep adequate balance in Merchant’s account VIVA WALLET during the time period mentioned in the term 5.2. above. The respective Invoice for the Provision of Services for each six-month lease period shall be issued the first day of such period and shall be available electronically by any suitable electronic mean, indicatively by e-mail, by sending electronic message through Merchant’s account VIVA WALLET to which POS Products are logged on to, text to Merchant’s mobile phone number as declared to VIVA, etc.

5.4. It is specifically provided that the lease rate as per the first six-month lease period shall be paid by Merchant upon receipt of POS Products the latest by means as notified by VIVA by the time of lease request submission.


6. Duration

6.1. The minimum duration of this lease agreement is two (2) years starting from the delivery of POS Products to the Merchant.

6.2. The duration of the lease agreement shall be renewed automatically for two (2) more years, unless Merchant declares in writing to VIVA, thirty (30) calendar days before the lapse of the contractual duration stated under 6.1. above, that Merchant does not wish the lease renewal. The lease rate of the renewed lease period shall be the one for POS Products of the same type, as provided in VIVA’ s pricelist in force upon lapse of the deadline as provided in the first subparagraph 6.2. above.


7. Termination

7.1. The time period of the first eighteen (18) months from either the beginning of this lease or its renewal is agreed as obligatory minimum stay to this agreement. If Merchant terminates the lease agreement at any time and for any reason within such period, the termination is only valid against VIVA if in writing, with immediate effect upon being notified to VIVA, and upon the condition that Merchant pays to VIVA the lease rates for the whole contractual term of this lease (terms 6.1. and 6.2. above) plus early termination fee, as amounts at the termination time, uploaded to the relevant charges page www.vivawallet.com. After the lapse of such termination, Merchant may terminate this lease in writing, with immediate effect, whenever without obligation to pay early termination fee. In such case, however, the lease rate for the six-month lease period within which the lease agreement is terminated, shall be payable and in case it has been paid, is not refunded.

7.2. VIVA is entitled to terminate this lease agreement in writing, with immediate effect from its notification to Merchant, indicatively in the cases stated below:

  1. a) violation on behalf of the Merchant of any term hereof such as indicatively in case of non-timely or non-payment of the lease rate by the Merchant as provided under the term 5 above,
  2. b) improper use of POS Products on behalf of the Merchant,
  3. c) termination of the agreement for cards acquiring between Merchant and VIVA PAYMENTS,
  4. d) Merchant’s entering into or filing petition to enter into bankruptcy, liquidation or any other equivalent status of cease of payments.

In such case, Merchant shall pay to VIVA any lease rate for the whole contractual term of the lease as per terms 6.1. or 6.2. respectively.

7.3. In case of termination of hereof in any way, Merchant is obliged to immediately cease the use of POS Products and deliver them to VIVA at the address indicated by the latter in a good condition as well as any other material given to Merchant due to this agreement, within fifteen (15) calendar days. Otherwise, the Merchant shall pay to VIVA compensation amounting to the price of the POS Products plus taxes and fees. In case the Merchant delivers the POS Products within the above period but with damages not relating to the usual and agreed use, the Merchant shall refund VIVA, and such refund shall amount to the price of POS Products as in force at the time of lease agreement conclusion plus taxes and fees. 


8. Right of Withdrawal

8.1. The Merchant may withdraw from the lease agreement at no cost and without any justification within 14 calendar days starting from the next day of POS Products receipt.

8.2. In order to exercise the right of withdrawal, the Merchant shall inform VIVA respectively within the above time period, by making a clear statement (e.g. letter by post or by e-mail).

8.3. In case of withdrawal, Merchant shall return to VIVA the above POS Products to the address of its warehouse («SMARTEC SA», 7 Feidippidou street, 124 61 – Chaidari), within 14 calendar days from the date of relevant notification to VIVA, during working days and hours and shall be burdened with the return costs. The Merchant shall be responsible for returning the POS Products to VIVA and the Product shall be in the same condition as when the Merchant received the Product, i.e. without the Product being activated, within the package, at a perfect condition and with all the materials included in the package. VIVA shall return to the Merchant any money received from the latter in the context hereof, within 14 calendar days from the date that VIVA has been informed about the withdrawal and with the same means of payments used by the Merchant at the time of lease agreement conclusion.


9. Personal Data Protection

9.1. VIVA will solely collect and keep any data and personal data that Merchant may disclose to VIVA by entering the requested details in the relevant fields. The purpose of collecting, using and processing Merchant’s data and the personal data (in case of individual as merchant or legal representative of merchant) is POS Products lease.

9.2. Upon acceptance of terms hereof, Merchant grants his explicit and unreserved consent to the use, keeping, processing and disclosure of any data and personal data provided to VIVA, by VIVA or third parties collaborating with VIVA for the services provided hereunder.

9.3. VIVA has the right to use the contact details that the Merchant provided, in order to send information in relation to VIVA’s products and services. If Merchant no longer wishes to have Merchant’s data and personal data used for this type of information from VIVA, Merchant may send an e-mail via Merchant’s legal representative to support@viva.wallet.com, stating “I DO NOT WISH TO RECEIVE INFORMATION”.

9.4. The collection, keeping, processing and disclosure of the personal data that the Merchant provides to VIVA either electronically or by phone, will be collected, used and processed in accordance with the applicable provisions on personal data protection.

9.5. Merchant or/ and any Merchant’s lawful representative may whenever request information about their data or/ and personal data as kept by VIVA, their recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending relevant e-mail to support@vivawallet.com.

9.6. Viva shall allow access to data or/ and personal data of the Merchant or/and Merchant’s lawful representatives only to persons authorized to have access, in order to achieve the scope of data collection, use and processing, as hereby disclosed. In this context, VIVA reserves its right to grant authorised access and/or right of use and processing of such data and personal data to third parties, legal entities or natural persons, as data processors.

9.7. Merchant is hereby informed that in case of non-payment of the due lease rates, VIVA is entitled to provide the Merchant’s data to third parties as required for the purpose of recourse of these due lease rates.

9.8. VIVA and its authorized associates may proceed to the recording of the content of its communications with the Merchant for the purpose of transactions security and/ or to prove a communication and/ or a transaction made in full compliance with the applicable legislation mainly by notifying termination of the recording. Merchant accepts the recording and undertakes to inform all Merchant’s agents regarding the possibility of recording Merchant’s communications, as well as any procedures as per the initiation and termination of the recording of a communication applied by VIVA in compliance to the applicable legislation.


10. Terms Amendment

10.1. VIVA is entitled to whenever amend the terms and the prerequisites hereof. The amendment of the terms shall be uploaded on VIVA’s official website and Merchant shall check the website frequently. In case the Merchant does not agree with any amendment hereof, may terminate the lease agreement, in accordance with the provisions of term 7 above.


11. Applicable law

11.1. This Agreement is governed by Greek law. Any disputes that may arise in the context hereof are subject to the exclusive jurisdiction of the Athens courts.


12. Miscellaneous

12.1. These terms and the Order Note issued upon lease request constitute the lease agreement.

12.2. In case of contradictory provisions, the terms of the Order Note shall prevail being more specific.

12.3. Should any term hereof be found to be invalid or unenforceable, the rest of the Agreement shall remain valid.

12.4. All notice shall be made in writing to VIVA either to the address of the registered seat of VIVA mentioned under 1.1. above or by e-mail to the address possales@vivawallet.com.