Terms of use of the website
www.livepay.gr
1. Preamble
1.1. The users of the www.livepay.gr website (hereinafter called the “Website”) of Bank “ Eurobank Ergasias SA” (hereinafter called the “Bank”) have the opportunity to pay for the services they receive from businesses and organisations either by using a credit card issued by the Bank or by another credit institution, or by using a debit card issued by the Bank (hereinafter called “Transactions”). The Bank’s registered offices are located in Athens (at 8, Othonos St., GR-10557) and its head offices are located at 20, Amalias Ave., GR-10557, Athens. The Bank is registered at the Companies Registry of the Ministry of Development, under Company Reg. No. 6068/06/Β/86/07; it is supervised by the Bank of Greece (website: www.bankofgreece.gr) and is subject to the Code of Ethics of the Hellenic Bank Association (website: www.hba.gr).
1.2. The present terms are always available to users via the special link appearing on each page of the Website. Users will be prompted to accept the present terms before carrying out any Transaction, while people who wish to register as subscribers of the Website shall accept the present terms upon registration, in accordance with term 3.2 below.
2. Operating transactions
2.1. After entering the Website, the card holder (hereinafter the “Holder”) shall select the business to which he/she wishes to make the payment and enter his/her card information in the relevant fields [full holder’s name, card type and number, expiry date, card verification number, which is printed at the field reserved for signature placement (CVV2/VISA or CVC/MC)], as well as the payment amount, his/her e-mail address or telephone number (optional), the payment code, if any, and any additional comments, to be filled in the respective “blank field” on the webpage. Users shall also be offered an option for invoice issuance.
2.2. After filling in the above information, the Holder shall approve the Transaction by selecting the “Complete” (or indicated by any other similar phrase) option, which will appear on his/her computer screen. Following the selection of this option, the relevant order is transmitted to the Bank and cannot be revoked by the Holder.
2.3. The Transaction shall be executed as soon as the Holder’s order is received by the Bank, unless the order is given on a non-working day, in which case it will be executed on the following working day. After the Transaction has been executed, the Holder shall automatically receive a document proving that the Transaction has been executed, which – if requested – can be sent to the e-mail address he/she has provided. In the event that the Transaction is not executed, the Holder shall be notified immediately of the Transaction’s rejection and, if possible, of the reason of the rejection in question.
2.4. The “blank field” on the Website’s pages is provided in order to fill in the purpose of the effected payment so as to inform the Holder and the business of it. It is strictly prohibited to fill in and send to the Bank offensive messages or texts of content that is contrary to public order and good morals. Should this occur, the Holder shall be held exclusively liable and the Bank and/or business reserve their relevant legal rights. The Bank reserves the right to not execute a Transaction or to ask the Holder for clarifications if it finds that the instructions provided in the blank field contain terms, conditions or deadlines that are inconsistent with the content of the other fields concerning the Transaction in question or that they require the Bank to confirm their origin.
3. Registration of the Holder as a subscriber to the Website
3.1. If the Holder registers as a subscriber to the Website, then his/her transactions will be carried out via the usage of login codes (hereinafter “Access Codes”). The Access Codes will be determined by the Holder upon registration and consist of a username and password. The e-mail address provided by the Holder will be used as the username, while the Holder can choose a password of his free choice, consisting of various elements. When registering as a subscriber to the Website, the Holder will be requested to answer one of the available password reminder questions, so that, if he/she forgets his/her password, a new one will be sent to him/her, provided that the security question has been answered correctly.
3.2. Registration is completed once the Holder has accepted the present terms and the Bank has sent him/her a confirmation via e-mail to the e-mail address provided. The Holder is entitled to retract from the contract concluded in the above manner within fourteen (14) days, starting from the date of the Bank’s reply via e-mail, by means of using the contact form available at the Website and following the instructions provided for this purpose. If, prior to submitting this statement, the Holder carries out even a single Transaction, he/she is considered to have consented to the execution of the agreement by the Bank and he/she shall not be able to claim the amount of the Transaction in the event of his/her subsequent retraction. The exercise of the right to retract results in the deactivation of the Holder’s Access Codes and in the deactivation of his/her account as a registered Holder.
3.3. Registered Holders are given additional Transaction-related options and these additional options are notified to them, each time, via the Website; for example, they can be notified of executed Transactions on their computer screens or by means of an option to print executed Transactions; they can have their card information saved and memorised so as to avoid re-entering this information every time they make a payment; they can also change their passwords and password security questions, as well as the personal information provided by them upon registration.
4. Holder Charges
Holder’s access to the Website is free of charge, but there might be a transaction operation charge for payments towards specific organisations. However, Holder’s card is charged for Transactions in accordance with the applicable charges provided for in the terms and conditions of use of the card’s issuance agreement.
5. Liability of the Bank
5.1. The Website does not constitute an electronic site for the conclusion of agreements from a distance. It can only be used in order to pay for services provided to the Holder by a business. The Bank is not bound by an exclusivity agreement with the businesses; the card is used by them only as a means of payment, therefore the Bank is not liable for any failure to perform, refusal or incomplete fulfilment by the businesses of their contractual obligations towards with the Holder; the Holder is not entitled to raise any objections or claims, arising from his/her relationship with the businesses, against the Bank, unless otherwise stipulated by law.
5.2. Given the unique nature of the Internet, the Bank shall make all possible efforts so as to upload to the Website the information provided by any third party, especially by the businesses, the way this information was sent to it by them. The above information, as well as any other information provided to the Holder via the Website, does not constitute a direct or indirect incitation or advice to operate an action that results in financial consequences. The Holder has to examine all information provided and to act based on his/her own free will.
5.3. The Bank assumes the operation of its Website on a 24-hour basis (every day, whether it is a working or non-working one); however it shall not be held liable, in any way whatsoever, for any operation interruption caused by a) force majeure events, such as network failures or delays, power failures or Bank staff strikes, b) scheduled or unscheduled maintenance or updating of its technological infrastructure or c) typing errors committed by the Holder or malfunction of the technical equipment belonging to Holder or to third parties.
5.4. The Bank has taken all necessary steps so as to ensure a high level of security and protection for its own system solely, as prescribed by transaction common practice. The Bank assumes the obligation to update its protection systems and to install antivirus programs. Nevertheless, the Bank does not guarantee the absence of viruses and cannot be held liable for any damage sustained by the Holder’s equipment, software and files or for any other damage sustained by the Holder due to a virus.
5.5 The Bank is not held liable for any damage sustained by the Holder during his/her effecting Transactions, unless the Bank has committed a fault. In all cases, the Bank is not held liable for events that do not fall under its sphere of influence, such as acts or omissions of third parties, including the Holder.
6. Liability of the Holder
6.1. The Holder is bound to operate transactions in accordance with the present terms and the instructions given by the Bank, the way these are communicated to him/her during his/her operating a Transaction. Instructions on how to operate Transactions can also be found in a special user’s guide, which is always available on the Website (hereinafter the “User Guide”) and which, along with the present terms, constitute a unique and inseparable document. The Holder shall exercise a high level of care when entering all Transaction-related information and shall undertake the obligation to ensure that the relevant entries are totally clear, complete and accurate; otherwise the Bank shall not be bound to execute the relevant Transactions. The Bank shall not be held liable for the entry of incorrect information by the Holder, who shall be solely liable for the accuracy, comprehensiveness and lawfulness of the entries in question.
6.2. The Holder is bound to have installed in his/her computer the latest, compatible (with the Bank’s system), updated versions of programs, operating systems, antivirus software and related programs for the protection of data and computers (antivirus programs, antispyware, firewalls, etc.) and must -under no circumstances- download/install and save in his/her computer any unidentified programs or programs that don’t bear a legal licence for the specific installation intended.
6.3. The Holder is liable for any damage sustained by the Bank due to acts or omissions of the Holder’s employees or execution assistants as well as for damage due to illegal, incompatible to what has been agreed and/or unlawful actions of the above employees or assistants or of himself/herself.
6.4. The password is equivalent to the Holder’s signature and is strictly personal. The Holder must not use this password in third-party electronic networks and must keep it secret; any act of keeping this password in a readable form constitutes gross negligence on his/her behalf. The Holder is bound to immediately notify the Bank in the event of occurrence or suspicion of occurrence of any voluntary or involuntary leak of his/her password to a third party, in order for the Bank to deactivate the Transaction option. The Holder is fully liable for any Transactions operated by third parties until the point of notification of the Bank over the password leak.
6.5. The Holder is bound to observe all his/her obligations arising from the terms of use of his/her card and resulting from the applicable law on operating payments by electronic means, such as the necessary steps for safekeeping his/her card, notifying without delay the issuing bank in the event that his/her card being lost or stolen etc.
6.6. The Holder acknowledges that the Bank bears no liability whatsoever for any material or consequential damage he/she may sustain due to his/her failure to observe the overall obligations resulting from term number 6.
7. Means of communication
For the purposes of term 6.4 above-mentioned, as well as for any other issue related to the use of the Website or to the Transactions, the Holder shall contact the Bank either via the Website - using the special contact form made available for him/her there- or by telephone, by calling the telephone numbers communicated to him/her, on each occasion, via the Website.
8. Operation Suspension of the Website
The Bank may suspend the operation of the Website or may suspend the possibility to operate Transactions whenever it deems necessary or wise due to various reasons such as safety issues or the need to perform network maintenance.
9. Industrial and Intellectual Property Rights
The use of the Website by the Holder does not grant the latter any right on the overall industrial and intellectual property rights of which the Bank, the businesses or any third parties are the lawful beneficiaries. Any copying, deletion, reproduction, imitation or distortion, in any way, whether partial or other, in any form and by any means, as well as any violation in general of the rights in question by the Holder shall constitute an illegal, unfair and criminal act, which is strictly prohibited. The occurrence of any of the above shall result in imposing to the Holder all sanctions established by the law in force.
10. Amendments
In the framework of keeping up with technological developments and upgrading its services, the Bank may proceed to technological updates, improvements or general changes to the infrastructure and to the operation of the Website or of the Transactions; it may also provide the possibility to operate additional transactions. Such changes shall be made automatically by the Bank and shall be communicated through notices, which shall figure at a clearly visible part of the Website. In the same context, the Bank may amend the present terms by drawing up a revised version thereof; such an amendment will be announced via the Website. Any new terms shall be accepted by the Holder as described in the preamble.
11. Duration of the contract
If the Holder registers as a subscriber to the Website, the contract concluded through the acceptance by him/her of the present terms shall have an indefinite duration and may be terminated at any time following a prior statement of any of the contracting parties, which has to be addressed to the other party. In such a case, all Transactions operated prior to the statement’s reception by the other party, will be executed.
12. Complementary implementation of the terms of use of the card
The terms of the agreement concluded by the Holder for the use of his/her card apply to all issues which are not covered by the present terms.
13. Disputes
As consumers, the users of the Website are entitled to seek alternative dispute resolution for any dispute that may arise between them and the Bank due to the use of the Website and to the execution of Transactions; such alternative dispute resolution processes are the submission of a dispute to the Hellenic Consumer Ombudsman (www.synigoroskatanaloti.gr), to whom the users can submit a case in writing, the competent –per case– amicable settlement committee under Article 11 of Law 2251/2004, or to the Hellenic Ombudsman for Banking and Investment Services (www.bank-invest-omb.gr). Furthermore, the Bank’s Client Relations Service is the competent service through which users can turn to the Bank in order to request the resolution of any problems or complaints. Further information on this service and on the applicable procedure for filling complaints is available at the Bank’s Website (http://www.eurobank.gr/online/home/generic.aspx?id=218&mid=596&lang=en).