The provision of Services to you through the Website is subject to these Terms & Conditions, the Privacy Notice, the Cookies Policy and, if applicable, your acceptance of the Contract. In the event of any conflict or ambiguity between any of these documents, the terms of the Contract will prevail.
By using the Website, you are bound by these Terms & Conditions. Please read these Terms & Conditions carefully before accessing the Services. You should print a copy of these Terms & Conditions for future reference.
If you object to these Terms & Conditions or any subsequent modifications to it, or become dissatisfied with your Contract in any way, your only remedy is too immediately: a) discontinue your use of the Website; and/or b) terminate your Contract. No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.
Certain words in these Terms & Conditions have the meanings set out at Section 25.
- Information about Us
The Website is owned by, and the Services are provided by, Viva Nation Limited t/a Viva Recharge (“Viva Recharge”). Viva Nation is incorporated in in United kingdom and having its registered office at 90 New Town Row, Birmingham B6 4HZ, United Kingdom whose company number is 11981693.
You can contact also Viva Recharge using the contact information set out at Section 13 below.
- Username and Password
To access the Website and use the Services, you must have a username and password. When registering you may supply personal information, including your email address (“Login Details”). If you are a Master User you will receive Login Details from Viva Recharge to access the Website and you will have authority to set up multiple users of the Website (in the form of agencies, managers, supervisors and tellers) as is appropriate to your distributor network. For the avoidance of doubt, these Terms & Conditions applies to all users of the Website.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information you provide to us will be treated in accordance with our Privacy Notice.
You and/or the Master User are entirely responsible for all activities which occur when using your Login Details, including payment for any Services purchased. You must notify us immediately if you become aware of any unauthorized use of your Login Details. If you forget or lose your Login Details, you should request a new password by visiting the 'Forgot your password' section on https://vivarecharge.com/portal Login Details may only be used by a single user and are not transferable.
- Your data
Please note that the sending of data via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.
We shall be entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through the Website.
- Your Instructions
You shall ensure that all instructions given by you to us through the Website are accurate and complete, and that, where appropriate, you correctly identify the mobile phone number, account number or access account to which any Top-Up is to be credited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Website is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.
You shall carefully examine any Top-Up information received by you, or any other information provided by us to you through the Website from time to time and shall report any errors or omissions to us in writing within 30 (thirty) days from the date of Viva Recharge’s invoice. In the event that no error or omission is reported by you within the time specified, we shall be entitled to rely on the conclusiveness of the relevant invoice and settlement report.
- Your Obligations
The equipment necessary for you to access the Website shall be provided and be maintained by and at your expense. Viva Recharge reserves the right to modify the equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Website.
You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website.
- Transactions on the Account
The Top-Up service is only available on name https://vivarecharge.com/ to send Top-Up, you agree to comply with and undertake the provisions set out in this Section 8. You authorize us to act upon any instruction to debit an Account received through the Website which has been transmitted using the username and password and/or any other authentication process which we may require to be used in connection with the Website without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.
The Top-Up service shall only be provided to you by Viva Recharge in respect of the mobile phone operators available on the Website which are subject to change and availability. In the case of mobile phone Top-Up or DTH Top-Up, you will be required to input the mobile phone number or account number to which any Top-Up is to be credited into the appropriate space on the Website. It is your responsibility to ensure that you have correctly inputted the number. You will then be required to select the amount of Top-Up that you wish to credit that mobile phone number or account number with.
The Top-Up is sent instantly by Viva Recharge to the appropriate number or access account upon successful payment. Occasionally, there may be a short delay before the relevant mobile operator applies the Top-Up. We will send you a confirmation prompt which contains details of the Top-Up as soon as your Top-Up transaction has been successfully sent. You are required to issue the send customer with an appropriate receipt in accordance with the Contract and applicable local laws.
You agree and understand that Viva Recharge only acts on your authorization to send Top-Up and the relevant mobile operator shall be solely liable to the recipient of Top-Up for the provision of services related to the Top-Up. Once the Top-Up is sent to a mobile phone number, account number or access account, it can be used immediately therefore it cannot be refunded or removed. To stop this mistake from happening, Viva Recharge asks you to confirm through the order summary that the mobile phone number, account number or email address you have entered is correct.
The Website can only be used by you to effect a limited number of Top-Ups and/or Top-Ups to a limited value over specific time periods. You will be automatically notified through the Website when these limits are reached or should attempt to effect Top-Ups in excess of the limits. Other limits and exclusions may apply to the way which you can use this Website from time to time and you will be notified of these through your use of the Website.
For the avoidance of doubt, in accordance with your Contract, you and/or the Master User shall be solely responsible for any fraudulent activities and the resulting effects which occur on your system, including any losses to the Account balance.
- Termination of the Agreement
We may terminate the Agreement and withdraw the Website and the Services provided through it:
(a) in accordance with the terms of your Contract;
(b) Immediately upon breach by you of any of the terms of this Agreement and provided you are informed by notice in writing as soon as is reasonably possible after termination;
(c) Immediately upon your inability to pay amounts due or other contractual incapacity;
(d) If you have not accessed the Website in any period of twelve (12) consecutive months; or
(e) If we reasonably believe that the Website or any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.
We reserve the right to process or cancel any transactions in progress on termination of these Terms & Conditions or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of these Terms & Conditions or after any suspension or withdrawal of the Services.
- Your Contribution
When you send us any feedback, suggestions, ideas or other materials in relation to or via our Website or the Services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in the Privacy Notice and Cookies Policy.
- VAT and Tax
The total amount (inclusive of all applicable taxes and charges) that is required to be paid will be displayed clearly on the Website before you are asked to confirm the transaction and proceeding with the transaction at this point is entirely optional. No fees, surcharges or any additional amounts may be added to this total amount unless expressly agreed to by Viva Recharge.
- Access to the Website
Access to and use of this Website is at the user’s own risk and we do not represent or warrant that the use of this Website or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Website or any its contents, or the Services.
When using the Services you and we agree that we each will not attempt to attempt to repudiate the validity of your instructions relating to the Services or the communications regarding the instructions sent to you by us. Both you and we agree that the instructions, information, communications and/or authorizations given through the Services shall be treated as satisfying any legal requirements for communication in writing.
- Variations of the Agreement
We may alter these Terms & Conditions from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post, email or by posting a message on the Website. You shall be entitled, upon receiving notice of any alteration to these Terms & Conditions, to immediately terminate these Terms & Conditions but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.
Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of these Terms & Conditions shall be given in writing and sent through the post addressed to Viva Recharge, 90 New Town Row, Birmingham B6 4HZ, United Kingdom.
You shall ensure that all information obtained from us by you relating to our operations, services, pricing, software, hardware and/or systems in connection with these Terms & Conditions shall be treated by you in strictest confidence and shall not be disclosed by you to any third party or used by you for any purpose, other than for the purposes of fulfilling your obligations under these Terms & Conditions.
- Intellectual Property
You may only download, use, view and display the Website (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with these Terms & Conditions. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Website are owned by Viva Recharge or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Website (including any graphics or trademarks) in any form is prohibited without Viva Recharge’s prior consent.
Viva Recharge owns all Intellectual Property Rights that exist in the words “Viva Recharge”, “” and in any accompanying logo. Viva Recharge also owns all Intellectual Property Rights in the domain name Viva Recharge takes cyber-squatting very seriously. Please notify any suspected incidents to………………..
- Temporary Withdrawal of Service
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Website or the Services, or where there is a real or potential security risk, Viva Recharge shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the issue. Viva Recharge may also suspend the Website and/or Services as required for maintenance (whether emergency or planned) or upgrade work. You further agree and acknowledge that your access to the Website and/or Account and/or Services may be suspended where Viva Recharge reasonably believes that it has been used improperly, unlawfully or fraudulently.
- Force Majeure
Viva Recharge shall not be liable or in breach of its obligations under these Terms & Conditions if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, sanction, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies (including airtime), labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.
- Security, Maintenance and Availability
You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although Viva Recharge will put in place appropriate security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:
(a) Make the Website or certain or all of the Services unavailable to you; and/or
(b) Delay implementation of any new Services; and/or
(c) Withdraw, replace or reissue passwords; and/or
(d) change authentication procedures or processes for accessing the Website or the Services and while we will use reasonable endeavors to minimize any inconvenience caused to you, you accept that these events may occur and that we have no liability to you in the event of this happening. Where we change authentication procedures for accessing the Website or the Services then, notwithstanding any other term of these Terms & Conditions, we may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.
- Limited Liability
Viva Recharge bears no responsibility for the improper, immoral, unauthorized, fraudulent or illegal use of the Website. Without prejudice to your rights and/or the Master User’s rights under the Contract, Viva Recharge, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Website or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.
Viva Recharge’s total liability in contract, tort (including negligence or breach of statutory duty), or misrepresentation, restitution, or otherwise, arising out of or in connection with these Terms & Conditions shall be limited to the appropriate then-current Account balance.
You agree and acknowledge that the Website and the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, Viva Recharge makes no warranties in relation to the use and availability of the Website or the Services provided through it.
You shall not represent yourself as an agent of Viva Recharge for any purpose, or pledge Viva Recharge’s credit or give any condition or warranty or make any representation on Viva Recharge's behalf or commit Viva Recharge to any legal obligations or contracts and you may not subcontract or assign any of your rights or obligations under these Terms & Conditions without the prior written consent of Viva Recharge. For the avoidance of doubt, this restriction does not prevent a Master User from setting up an agency as described in Section 3 above.
- Governing Law
All relations established by us with you prior to these Terms & Conditions being entered into, and these Terms & Conditions, are governed by and will be construed with the laws of UK, and the courts of UK shall have exclusive jurisdiction to resolve any disputes in connection with them.
If, at any time, any provision of these Terms & Conditions (or any part of a provision of these Terms & Conditions) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of these Terms & Conditions (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver by us of a breach or default of any of the provisions of these Terms & Conditions shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.
These Terms & Conditions and all other documentation which will be provided by us to communicate with you throughout the duration of the agreement between you and us will be prepared in the English language, and all communications between us and you will also be conducted in the English language.
Words in bold print in this section 25 have the meanings respectively set under them when used in these Terms & Conditions and, where the context admits, the singular form shall include the plural form and vice versa.
Account means….. The distributor balance which is pre-funded in accordance with a signed Contract.
Contract means….. The Distribution Agreement between Viva Recharge and the Master User.
Intellectual Property Rights means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, and includes any trademarks that we have in the words "……." or "………." or “Viva Recharge”.
Privacy Notice means the document called "Privacy Notice" published by us on the Website as updated from time to time.
Terms & Conditions means the terms & conditions governing the provision of the Website and the Services to you, which are set out in this document, and such other terms & conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
Top-Up means a transfer of an amount of prepaid airtime or satellite services (in the case of DTH Top-Up) or data (in the case of Nauta Top-Up) from an Account to a mobile operator (authorized by us from time to time) to pay for the provision of telecommunication, satellite television or Wi-Fi services by that mobile operator to a prepaid mobile telephone, account number (in the case of DTH Top-Up) or permanent Nauta access account (in the case of Nauta Top-Up) effected using the Services and the Website.
Services means the services made available by Viva Recharge on the Website from time to time including the Top-Up services and reporting services.
Website means page containing the URL www.vivarecharge.com