This Agreement is a contract between you and VIVA Cash, a partnership between Bahraini companies VIVA and SADAD, and governs your use of all VIVA Cash Services. By using the VIVA Cash Services means that you must accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the “Legal Agreements” page of the VIVA Cash website at the time you register for the VIVA Cash Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.
Consumer advisory - The VIVA Cash service is regarded as a Stored Value Facility under Bahrain law. VIVA Cash Stored Value Facility is regulated by the CBB (Central Bank of Bahrain), and SADAD, being a Payment Services Provider license holder, has partnered with VIVA Bahrain to jointly provide the Service in the Kingdom of Bahrain. Consumers/Customers (Users) are advised to read these terms and conditions carefully.
This is an important document which you must consider carefully when choosing whether to use the VIVA Cash Services. Please note the following risks of using the VIVA Cash Services:
Funds received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, and Claim or is otherwise invalidated.
We may close, suspend, or limit your access to your Account or the VIVA Cash Services, and/or limit access to your funds if you violate this Agreement, or any other agreement you enter into with VIVA Cash.
This Agreement is not a solicitation of the VIVA Cash Services and VIVA Cash is not targeting any specific market through this Agreement.
1.1 Services. VIVA Cash is a payment services provider and acts as such by creating, hosting, maintaining and providing our VIVA Cash Services to you via Mobile app. Our services allow you to open account, remit funds, pay at merchants, purchase prepaid recharge and settle postpaid bills, deposit cash. We offer services in compliance with local Bahraini laws and regulations.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our VIVA Cash Service.
VIVA Cash is not a common carrier or public utility.
1.2 Eligibility. To be eligible to use the VIVA Cash Services, you must be at least 15, and a resident of Bahrain, other GCC countries, or a valid holder of visa to Bahrain.
1.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.
1.4 Beneficial Owner. You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
2.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the VIVA Cash Services. You can view your sending limit, if any, by logging into your Account.
2.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, VIVA Cash will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration):
Note: If you do not want to use your balance, you must withdraw it before making a payment.
2.3 Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing VIVA Cash with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
2.4 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.
All and any Bahrain nationals and guest, with valid VIVA mobile line, and who have completed registration process as per requirements, and who have been approved by VIVA Cash, are eligible for use of VIVA Cash.
4.1 Balances. If you hold a balance, VIVA Cash will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. VIVA Cash will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. VIVA Cash may receive interest on amounts that VIVA Cash holds on your behalf. You agree to assign your rights to VIVA Cash for any interest derived from your funds.
5.1 How to Deposit. You may deposit money into your VIVA Cash accounts by (b) by using self-service machines (e.g. kiosks), (c) by transferring funds from your traditional bank accounts either directly of via debit cards, and you can withdraw funds from your Account.
5.2 Deposit Limits. Currently, CBB allows up to 200 BHD maximum balance of a VIVA Cash account, and we may limit your ability to deposit and withdraw funds until you comply with our requests for information.
6.1 Merchant payment. You may purchase goods and services at VIVA Cash participating merchants, equipped with VIVA Cash signage and a solution to scan the QR (quick response) code and approve the transaction by entering your PIN or by your fingertip.
6.2 eTopUP. You may recharge yours or yours friends and families VIVA prepaid credit by using VIVA Cash application feature, which transaction will result in prepaid line recharged and your VIVA Cash account debited accordingly.
6.3 Bills. You may settle yours or yours friends and families VIVA postpaid lines by using VIVA Cash application feature, which transaction will result in postpaid line bill permanent and your VIVA Cash account debited accordingly.
6.4 Remittance. You may send funds domestically or internationally to the countries supported by VIVA Cash, which transaction will result in your VIVA Cash account balance debited by the amount transferred, along with applicable fees.
6.5 Other. VIVA Cash may introduce other payment transactions from time to time, and will update these provisions accordingly.
7.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
7.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect VIVA Cash, Affiliates or a third party against the risk of Reversals, Chargeback, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
8.1 Protection for Errors. When an Error occurs in your Account, VIVA Cash will cover you for the full amount of every eligible Error transaction so long as you follow the procedures discussed below.
An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
8.2 Notification Requirements.
a. You should immediately notify VIVA Cash if you believe:
b. To be eligible for protection, you must notify us within 24 hours after any Unauthorized Transaction first appears in your Account history statement.
You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. VIVA Cash will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Errors in your Account, notify us by calling VIVA Cash Customer Service at 80008338
When you notify us, provide us with all of the following information:
If you notify us orally, we may require that you send us your complaint or question in writing within 24 hours thereafter. During the course of our investigation, we may request additional information from you.
8.3 VIVA Cash Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:
If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. You may request copies of the documents that we used in our investigation.
8.4 VIVA Cash Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, VIVA Cash will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, VIVA Cash will debit the extra funds from your Account.
8.5 Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. VIVA Cash will not reimburse you or reverse a payment that you have made in error.
Restricted Activities. In connection with your use of our application, your Account, the VIVA Cash Services, or in the course of your interactions with VIVA Cash, other Users, Merchants or third parties, you will not:
10.1 Your Liability.
a. General. You are responsible for all Reversals, Chargeback, Claims, fees, fines, penalties and other liability incurred by VIVA Cash, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the VIVA Cash Services. You agree to reimburse VIVA Cash, a User, or a third party for any and all such liability.
b. Liability for Claims under VIVA Cash User Protection. If you are a User and you lose a Claim filed directly with VIVA Cash, you will be required to reimburse VIVA Cash for your liability.
c. Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by VIVA Cash. VIVA Cash will not be liable for any loss or damage you or anyone else suffers where VIVA Cash acts on those instructions in good faith, unless it was proved that VIVA Cash was negligent.
10.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to VIVA Cash, VIVA Cash may immediately remove such amounts from your balance.
10.3 Actions by VIVA Cash – Restricted Activities. If VIVA Cash, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect VIVA Cash, Affiliates other Users, other third parties or you from Reversals, Chargeback, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
10.4 Actions by VIVA Cash - Holds.
10.5 Actions by VIVA Cash - Reserves.
VIVA Cash, in its sole discretion, may place a Reserve on funds held in your Account when VIVA Cash believes there may be a high level of risk associated with your Account or your use of any of the products and/or services offered by VIVA Cash and/or its Affiliates. If VIVA Cash places a Reserve in your Account, transactions will be shown as "pending" in your VIVA Cash balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, VIVA Cash will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that VIVA Cash determines is necessary to protect against the risk associated with your Account. VIVA Cash may change the terms of the Reserve at any time by providing you with notice of the new terms.
10.6 Actions by VIVA Cash - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. VIVA Cash, in its sole discretion, reserves the right to terminate this Agreement and/or access to the VIVA Cash Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that VIVA Cash’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the VIVA Cash system. You agree that VIVA Cash is under no obligation to disclose the details of its risk management or its security procedures to you.
10.7 Acceptable Use Policy Violations. If you violate the Acceptable User Policy then in addition to the above actions you will be liable to VIVA Cash for the amount of VIVA Cash’s damages for each violation of the Acceptable Use Policy. You agree that 100 BHD per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of VIVA Cash’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to VIVA Cash that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. VIVA Cash may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
11.1 Contact VIVA Cash First. If a dispute arises between you and VIVA Cash, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and VIVA Cash regarding the VIVA Cash Services may be reported to Customer Service online through the VIVA Cash Help Centre at any time, or by calling 80008338.
11.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 1,000 BHD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Bahrain Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
11.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 11.2 above, you agree that any claim or dispute you may have against VIVA Cash must be resolved by a court located in Bahrain or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Bahrain for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Bahrain as such laws are applied to agreements entered into and to be performed entirely within Bahrain, without regard to conflict of law provisions.
11.4 Improperly Filed Litigation. All claims you bring against VIVA Cash must be resolved in accordance with Section 11 of this Agreement. All claims filed or brought contrary to Section 11 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, VIVA Cash may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to 100 BHD, provided that VIVA Cash has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
11.5 Notices to You. You agree that VIVA Cash may provide you Communications about your Account, the VIVA Cash Services and this Agreement electronically. VIVA Cash reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
11.6 Notices to VIVA Cash. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 11.1, notice to VIVA Cash must be sent by postal mail to: VIVA Cash Office 23, Ferrari Center, Building 544, Road 3817, Block 338, Al Qudaybiyah, Manama, Kingdom of Bahrain (P.O.Box 26991).
11.7 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, VIVA Cash will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
11.8 Release of VIVA Cash. If you have a dispute with one or more Users, you release VIVA Cash and Affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
12.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE VIVA Cash SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
12.2 Services Limitation. VIVA Cash is not a bank and the VIVA Cash Services are payment processing services rather than banking services. VIVA Cash is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent to you and custodian to your funds. VIVA Cash does not have control of, nor liability for, the products or services that are paid for with the VIVA Cash Services. We do not guarantee the identity of any User or ensure that will complete a transaction.
12.3 No Warranty. THE VIVA Cash SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. VIVA Cash, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.VIVA Cash does not have any control over the products or services that are paid for with the VIVA Cash Services and VIVA Cash cannot ensure that a User you are dealing with will actually complete the transaction or is authorized to do so. VIVA Cash does not guarantee continuous, uninterrupted or secure access to any part of the VIVA Cash Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. VIVA Cash will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards are processed in a timely manner but VIVA Cash makes no representations or warranties regarding the amount of time needed to complete processing because the VIVA Cash Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.
12.4 Indemnification. You agree to defend, indemnify and hold VIVA Cash, Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of the VIVA Cash Services.
12.5 Intellectual Property. VIVA Cash and all other apps, URLs, logos and trademarks related to the VIVA Cash Services are either trademarks or registered trademarks of VIVA Cash or its licensors. You may not copy, imitate or use them without VIVA Cash's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of VIVA Cash. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by VIVA Cash through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the VIVA Cash Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to VIVA Cash or the VIVA Cash Services or display them in any manner that implies VIVA Cash's sponsorship or endorsement. All right, title and interest in and to the VIVA Cash website, any content thereon, the VIVA Cash Services, the technology related to the VIVA Cash Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of VIVA Cash and its licensors.
12.6 Calls to You; Mobile Telephone Numbers. By providing VIVA Cash a mobile telephone number or equivalent, you consent to receiving calls, including autodialed and prerecorded messages from VIVA Cash at that number. You consent to receive text messages from us about your use of the VIVA Cash Services at that number.
12.7 Marketing. If you receive Information about another User through the VIVA Cash Services, you must keep the Information confidential and only use it in connection with the VIVA Cash Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
12.8 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the VIVA Cash Services.
12.9 Complete Agreement and Survival. This Agreement, along with any applicable Policies on the Legal Agreements page on the VIVA Cash website, sets forth the entire understanding between you and VIVA Cash with respect to the VIVA Cash Services. Sections 6 (Closing Your Account), 11 (Your Liability – Actions We May Take), 11 (Disputes with VIVA Cash), 12 (General Terms), 13 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12.10 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without VIVA Cash's prior written consent. VIVA Cash reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
12.11 Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
12.12 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
12.13 Assumption of Rights. If VIVA Cash pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that VIVA Cash assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in VIVA Cash's discretion.