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Terms and Condition for ViA Online


ViA Online™ is an global Internet based, secure electronic Stored Value Account service (the “Service”), offered by ViA International Co Ltd, British Virgin Island (the “ViA”) that allows a Customer (the “Subscriber”) or a User to perform and handle its Stored Value Accounts and perform instructions for Financial and Non-Financial Transactions on the Customer’s Account(s) with ViA and its affiliated and selected Partner Banks.
These Terms and Conditions (the “Agreement”) sets out the rights and obligation of ViA, the Subscriber and the User in connection with the use of the Service.

This Agreement shall be the main agreement between ViA and the Customer in relation to the Service and shall, in the absence of a provision to the contrary herein, supersede all prior arrangement, whether written or oral, with respect thereto.

By accessing this website and any of its pages, you agree to this Terms.
Definitions

ViA is our trade name, logotype and the abbreviation on Virtual Instant Access. The group of companies we do refer to as ViA is ViA International Co Ltd and its parent corporation Virtual Instant Access Ltd. The international group of companies consists of several operational corporations as well as country based entities, like ViA UAE LLC, ViA Sweden AB, ViA e-Trade FZC, ViA Holdings FZC, ViA Fund Ltd, including future established ViA companies.

Bank: ViA is NOT a bank, nor offer services as a bank. ViA provide and facilitate services where Affiliated partners such as Banks and Financial institutions are those who holds Customers funds in Pool accounts, a trust relationship where Customers funds are secured to the Customer and also those who finally executes Financial Transactions and where only agreed and paid, Service /s charges, products, subscriptions etc is only controlled by and within ViA.

Account: An account or accounts a Subscriber maintains with ViA Online, which can be accessed and operated through use of the Service.

Banking Day: Any day on which the affiliated Partner Bank /s is open for business, which can be different from each region or country.

Beneficiary: The intended recipient of funds or stored values (e.g. an individual, Merchant, eMerchant, financial institution, bank etc) as transferred within the ViA Online community or by the Affiliated Partner Bank upon given Online Instructions.

Computer: An electronic device that has the ability to store, retrieve, and process data, and can be programmed with instructions that it remembers which include smart-phones or any other device.

Customer: A holder of an Account with the ViA.

Cut-Off-Time: The deadline established by ViA from time to time by which a particular type of transaction such as future dated Payment Requests, Bill Payment, Scheduled Subscriptions, Funds transfer, Outward Remittance, Escrow Orders etc can be initiated, scheduled, amended or cancelled by using the Service.
Financial Transactions: A transaction initiated by a User through use of the Service which results in an instruction for movement of funds to a party outside the ViA Online community and executed by the Affiliated Partner Bank.

GMN Network: The ViA GMN (Global Merchant Network) are the global network which ViA operates and handle secure transactions from eMerchants and merchants operating the ViA STS-Secure Transaction String method.

Stored Value Transaction (SVT): A transaction initiated by a User through use of the Service which results in a movement of funds within the ViA Online community or any affiliated stored value system.

Internet: A worldwide communications network consisting of a large number of Computers and networks interconnected to each other based on a common standard.

Instant: The ViA Online™ system is an instant transaction based system to manage Virtual Accounts for Stored Value Transactions, and executes transactions on the spot, with no delay, unless conditions so require that a Transaction is incomplete, incorrect or gets the status of being a Pending Transaction.

KeyPad: ViA has developed a security concept known as the STS-Secure Transaction String™ which utilize a hand-held keypad, such device is referred to as the ViA KeyPad™. The ViA KeyPad™ is available in two main categories, the Consumer version for secure Internet access and shopping and verification and the Merchant keypad used by the eMerchant as their POS Terminals.

Login: To gain access to use ViA Online™, the user need to apply online (ViA Online Application) and be an approved User (Customer) and need to have a Customer Number, Password and PIN.
Multi Currency: ViA Online™ provides the Service to its Subscriber to handle Accounts in different currencies, moving stored values from one currency to another can result in a Pending Transaction, to such time that ViA has such selected currency available to such value at its Affiliated Partner Bank’s and its Pool Account/s.
Customer Number: Requirement for access ViA Online™, one of three requirements, se further “Login”.

Password: The Password, a set of secret alpha numeric values which when used by the User in conjunction with the Customer Number and PIN, or SMS PIN will allow the User access to the Service. The Password is created by the User and is one out of three requirements to gain access to ViA Online™, the Service.
PIN: A fixed PIN-code is given to each User, which gives the user a limited access to the Service and by using the ViA KeyPad™ or the SMS PIN (ONE-TIME-PIN) the User gain full access to the Service.
Pool Account: ViA provide and facilitate services where Affiliated partners such as Banks and Financial institutions are those who holds Customers/User’s funds in the Pool Accounts, a trust relationship where Customers funds are secured to the Customer and where agreed and paid, Service /s charges, products, subscriptions etc is only controlled by and within ViA.

SMS PIN: ViA do develop and strives to provide the highest security possible and has adopted a highly sophisticated ONE-TIME-PIN method, which the User can subscribe to and where the User receives to

eMerchant: A person(s) whether physical or corporate, registered as a valid subscriber of the
ViA eMerchant™ Point of Sale (POS) and or Electronic Point of Sale (ePOS) schemes by signing the ‘General Merchant and Terminal Agreement’ and/or ‘Electronic Commerce Merchant Agreement’ with ViA.
Non-Financial Transaction: A Transaction initiated by a User through use of the Service that effects the Accounts and/or other business activities with ViA but which does not result in a movement of funds.

Online Instruction: Instructions contained in a Stored Value, Financial or Non-Financial Transaction given by a User to ViA and verified by the User.

Payment: A transfer of funds or values by ViA on an Account to a Beneficiary pursuant to User’s instructions, by means of a Payment Instrument.

Prices: ViA Online publicises its pricelist both as part of the public information and a more detailed price list is available after that User has Logged in to the Service.

Service: ViA Online service, a Stored Value Account Service.

Service Fees: The service charges payable to ViA by the Subscriber in respect of various transactions or services or subscriptions, initiated by the Subscriber/User on the Service, all prices are publicised under the Terms and Conditions, see more details under “ViA Online Prices”.

Subscriber: The Customer registered for the Service.

Transaction Charges: The Transaction Charges payable to ViA by the Subscriber in respect of various transactions or services or subscriptions, initiated by the Subscriber/User on the Service, all prices are publicised under the Terms and Conditions, see more details under “ViA Online Prices”.

Service Charges: The Service Charges payable to ViA by the Subscriber in respect of various transactions or services or subscriptions, initiated by the Subscriber/User on the Service, all prices are publicised under the Terms and Conditions, see more details under “ViA Online Prices”.
User: The Subscriber and/or his/its nominated representative operating the Customer’s Account(s). We strongly recommend and have as our basic rules that Customer’s Account shall be accessed ONLY by the Subscriber him or her self. If you as a Subscriber like to give access to the Service to some one else, you should follow the instructions and register such individual as a User on the system – DO NOT LEAVE OUT your personal Customer Number, Password or Pin, only in case of emergency or in case you are not able to conduct a transaction you plan to conduct.

Value Date: The date on which the funds or value pertaining to a Transaction is made available to the Customer/Beneficiary.

Pending Transactions: A Transaction can be pending until specific conditions is meet or be pending due to an approval process or a process to determine or set conditions, prices or fees necessary to complete a requested Transaction.

Secure Request: When a User make some transactions or request a specific action, ViA Online™ may require that the User with either the ViA KeyPad™ or by a SMS PIN verify and validate such request.

STS: ViA Secure Transaction String™ a patented security method, which encrypt transaction data at the spot, when a instruction, purchase or transaction is produced by using either the ViA KeyPad™ or by an empowered POS terminal.

STS Client: A STS-Client is a computer system which handles STS Records.

ViA Online Application: A request submitted by the Customer to provide the Service to the User.

... end definition ...

Requirements for accessing and using ViA Online™


(a) The Service is available to a Customer to ViA Online™. ViA reserves the right to limit the Service to certain types of Accounts or based on the level of security used to access the Services.

(b) To successfully access the Service, the following requirements applies:

i. A Customer to ViA Online™ can register and apply for the Service by submitting to ViA Online™ a completed ViA Online Application or by other means as ViA may direct at the time of application for the Service.

ii. A Computer with Internet access, valid e-mail address and Internet browser that supports 128 bit Secure Socket Layer (SSL) encryption.

iii. LOGIN Facilities made available by ViA to each User at the time of registration for the Service and after that the application has been approved.


Service Availability

a) The Service is available 24 hours a day, 7 days a week.

b) The Service can be unavailable from time to time for routine maintenance.

c) Processing of some transactions types will not be available 24 hours a day, these instances will be advised to Subscribers at the sole discretion of ViA.
Terms of Service

a) The Service covers all Accounts, that a Subscriber holds or subscribes to or registers for, in the future and relates to (a) Individual Accounts in the Subscriber’s sole name;(b) Joint Accounts - but only if these are operated by a single signing authority;(c) ViA Card Accounts; and (c) business and corporate Accounts whether open now or opened in the future.

b) The User can use the service to apply for various products and services which will be offered by ViA from time to time, confirms full knowledge of and agrees to be bound by their respective Terms and Conditions.

c) This Agreement is in addition to the terms and conditions that apply to the individual Accounts, ViA Card Accounts, eMerchant Accounts and company Accounts that can be accessed or applied for through the Service.

d) ViA shall consider Online Instructions as made in accordance with the Subscriber’s ViA Online™ mandate.

e) ViA shall be entitled to act on Online Instructions, which can include instructions through the secure e-mail messages without any further reference to the Subscriber and without requiring written authentication/confirmation from the Subscriber.

f) The Subscriber can terminate the Service either in its entirety or in part at any time by giving notice of termination to ViA. The notice may be submitted in writing or through the Service using the secure e-mail facility.

g) At the ViA’s option, the following limitations may apply:

i. The Subscriber may not link business Accounts, where the Subscriber is the owner/signatory with others (e.g. personal) Accounts, unless expressly agreed by ViA.

ii. Care must be taken by the User when effecting bill Payments, to ensure that it is initiated at least five (5) Banking Days in advance of the Payment Date, to allow sufficient time for processing and/or receipt of the Payment by the Beneficiary.

iii. When making a Bill Payment or registering a Bill Payment Mandate, the Subscriber will be solely responsible for:

a) Providing ViA with the correct user/consumer/reference number and any subsequent changes and

b) Settling any claim or dispute which the Beneficiary or a third party may have or initiate in connection herewith.

iv. Requests for funds or value transfer by cable, telex or SWIFT received prior to the scheduled Cut-Off time on a Banking Day will be issued on the same day by the Affiliated Partner Bank.

v. When the User uses the Service to initiate a future dated Transaction, the available balance in the designated debit Account must be sufficient to cover the scheduled transaction on its due date. Where balance is not available on the due date the transaction will not be processed. ViA is under no obligation to notify the Subscriber if a transaction cannot be processed due to insufficient funds in the Account, unless the User subscribe to such Notification Service, available by SMS and e-mail.

vi. Any Online Instruction to perform a future dated transaction will remain valid and effective notwithstanding the Subscriber’s death or bankruptcy or any other revocation of this authority, until ViA receives the notice of the Subscriber’s death, bankruptcy or other revocation.

vii. If the User uses the Service to stop a Payment, ViA shall accept the User(s) request subject to a Secure verification of Such Request. In consideration of accepting these Online Instructions, the Subscriber agrees:

a) To indemnify ViA against any loss resulting from non-payment of the described item.

b) That should the said item be paid through inadvertence or oversight, or through inaccurate description of the item, ViA will in no way be held responsible, provided that ViA has in good faith followed the Online Instructions.

c) To notify ViA promptly in writing if the said item is recovered, or known to be destroyed or if for any other reason the stop payment order is cancelled.

viii. All requests for Account sensitive information (such as personal identification, Account or other financial information) may be requested through secured e-mail system available from the Service and will be responded to as early as possible.
General Terms

a) The Subscriber agrees, accepts and acknowledges:

i. That first use of the Service by User, constitutes the Subscriber’s acceptance and agreement to be bound by the terms of this Agreement for which separate written acceptance from the User is not required.

ii. That ViA’s record of the Account(s) shall be conclusive evidence and legally binding for all purposes.

iii. That ViA to respond, at its sole discretion to any and all enquiries received from any other Agents (including, without limitation), concerning any and all Accounts of the Subscriber with ViA, without reference to the Subscriber.

iv. That any printouts, statements, files or data in any other form pertaining to the Subscriber’s Accounts that may be downloaded or copied via use of the Service shall not be used in any dealings with third parties in whatsoever manner and ViA is indemnified against all loss or damage which may occur as a result of any violation to the above.

v. That ViA shall not be responsible for any liability, including but not limited to loss cost (direct or indirect) or damages (direct or consequential) or immediate refund, which may arise from their failure to properly identify the Beneficiary or for non-payment of any Payment Instrument because of loss, theft, misplacement, mistake, omission or mutilation.

vi. That ViA may recover any amount due to it under this Agreement by debiting the Account(s) with ViA whether these Accounts are associated or not with the Service.

vii. That ViA reserves the right to charge a Service Fee at such rates as may be applicable from time to time by debit(s) to the Account. ViA also reserves the right to revise its Service Fee rate(s) and Prices at any time without notice.

viii. That the Subscriber shall be bound by Online Instructions given by the User.

ix. That the Subscriber is responsible for the installation, maintenance, operation of the Computer and browser Software and ensuring that the Computer is compatible to the Internet.

x. That the Subscriber is also responsible for all errors, failures, and/or non-performance of the Computer/Software or improper operation of the Computer or software.
xi. That the Subscriber accept that ViA and its Special Task Force (STF) do monitors and maps transactions in the purpose to prevent immoral use or use which my violate the high quality standard rules of ViA and that ViA by its own discretion has the right to decline usage violating such rules.

b) ViA:

i. Reserves the right to decline an application, to discontinue the provision of the Service in its entirety or to discontinue a part of the Service without assigning any reason

ii. May appoint Agents to carry out any duties in connection with providing the Service and may delegate to such Agents the authority to perform any activity/function, which ViA is entitled to or obliged to perform.

iii. Shall accept no responsibility should any of its Agents or Affiliated Partner Bank’s fail to meet the Value Date due to time constraints, time difference between regions or regional holidays.

iv. Shall have no responsibility for failure or non-performance of the Service beyond the control of ViA or its Agents or its Affiliated Partner Bank’s.

v. Shall not accept any claims from the Subscriber for compensation of interest, loss of interest or value dating for any transaction carried out through the Service.

vi. Shall have the right to reject or cancel any transaction in the event of that transaction being incomplete, inconsistent, incorrect or in breach of any statutory or regulatory legislation.
Linked Websites
Nor ViA or any other of the ViA Group is responsible for the contents available on websites linked to this site. Access to and use of such other websites is at the user's own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other websites, ViA shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products they provide on their web site, or have any form of cooperation with such third parties and web sites. ViA is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by ViA.

Affiliated websites and partners or suppliers of services ViA is directly related to is listed herein.
Email
ViA recommend it’s users to install and use the ViA Secure software to secure e-mails and to secure sensitive information stored on the users computer as well to use the secure e-mail for communicating with ViA or to send instructions which can not be made Online.
Normal email messages sent to ViA over the Internet cannot be guaranteed to be completely secure. ViA is not responsible for any damages incurred by users if they send a message to ViA, or if ViA sends a message to them at their request, over the Internet. ViA is not responsible in any way for direct, indirect, special or consequential damages arising out of the use of this website.
ViA do not represent or warrant that the Site will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. ViA make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.
Use of Information and Materials
These pages should not be regarded as an offer or solicitation to sell investments or make deposits in any country to any person to whom it is unlawful to make such an invitation or solicitation in such country. The information contained in these pages is not intended to provide professional advice. Persons accessing these pages should obtain appropriate professional advice when necessary.
Trademarks and Copyright ©
ViA and other parties own the trademarks, logos displayed on this website. These may not be used without the written permission of ViA or the party owning these. Materials on this site are protected by Copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without ViA’s prior written consent.
Warranties

ViA’s information and materials on this web site are provided "as is" without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information.

Transmitting over The Internet
Due to the nature of the Internet transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. ViA is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send.
If you are a subscriber and member to use the service, ViA do provide access tools and sell access equipment such as the ViA KeyPad™ which insures secure and protected transmission of data, which we recommend each user to use.


Security

a) ViA is the exclusive owner of the Identification and Login Facilities used by the User(s) hereunder.

b) The User(s) shall be the ultimate trustees of such identification and login facilities and shall keep the same safe and harmless and, accordingly follow such instructions as may be given to the User by ViA from time to time.

c) The User shall exercise due care in using and preserving the privacy and confidentiality of the Identification and Login Facilities and keep ViA safe and harmless and indemnify ViA against any claims for loss or damage (whether direct or consequential) which the Subscriber may have or which otherwise may arise as a result of and during the course of the User(s)’s holding in trust and use by the Subscriber, User(s) or their permitted assigns, successors in title, employees or any third parties to which the knowledge of such identification and login facilities shall become available by any means and due to any reason whatsoever.

d) For Joint Accounts, each of the parties to the Account that have separate Identification and Login Facilities. Each of the Joint Account holders will be responsible and liable for all requests/transactions that are made on the Account by himself and/or other Joint Accountholders.

e) For commercial Accounts, the Subscriber shall nominate User(s) and specify the User(s) individual access rights and privileges. Each User will have separate Identification Facilities. The Subscriber will be liable for all requests/transactions that are undertaken by such User(s) as per their access rights and privileges on the Account(s). The Subscriber agrees to be liable for all the actions of all designated User(s) on these Accounts.

f) In the absence of due notification of ViA by the User of unauthorized usage of the Identification and Login Facilities and of the request by the User to disable the same, ViA shall consider any transactions requested by way of using such facilities as authorized by the Subscriber and shall process the same at the Subscriber’s sole cost and risk.

Exclusion of Liability

ViA will in no way be liable to a Subscriber for any loss / damage caused / suffered in the following cases:

i. Upon termination of the Service or a part of the Service without giving prior notice to a Subscriber.

ii. Any misuse of the Service by any User where the misuse is as a result of non-adherence to reasonable security procedures or terms and conditions of the Service or any specific security procedures advised to the Subscriber by ViA from time to time.

iii. Where the Subscriber fails to notify ViA of any change in their e-mail address, mailing address or contact numbers.

iv. Any errors or failures from any malfunction of the User Computer, Software, the Internet and Internet Service Provider, or any electronic virus or viruses that may infect Computer/Software that is used by the User.

v. Any industrial dispute or other matter outside ViA’s control or the control of ViA’s agents or Affiliated Partner Bank and sub-contractors;

vi. Any erroneous Payment to any Beneficiary arising from any inputting error the User may make;

vii. Any delay beyond the ViA’s control in making Payment to any Beneficiary;

viii. Any failure by the User to check any notice, communication which ViA may have sent via Secure e-mail;

ix. Any loss of data, Software, Computer or other equipment caused by the use of the Service;

x. Any loss arising out of any erroneous Payments or any delay in the transmission of funds or Stored Values through the Service to any Beneficiary which may result from the termination or disruption of the Service;

xi. For the accuracy of any Stored Value, Financial or Non-Financial Transaction undertaken by the Subscriber;

xii. Any failure by ViA to make a Payment or settlement to a Beneficiary or to carry out the Subscriber’s instructions if the Account was attached by a court order or blocked/frozen for whatever reason.

xiii. Any other loss that a Subscriber may suffer by using the Service.
Termination or Modifications

a) ViA has the sole discretionary right to amend the Terms of this Agreement at any time by giving sufficient notice.

b) Once a change (whether written or online) in the Terms of this Agreement has been notified to the Subscriber, ViA will treat subsequent use of the Service by the User as the Subscriber’s acceptance of the change.
Governing law

This Agreement shall be governed by the laws of British Virgin Island or governed by the law selected by ViA. Any dispute in relation hereto shall be subject to non-exclusive jurisdiction of the Courts.

COPYRIGHT (c) 2005-2015 ViA Global Holdings AG
Last updated: 2019-07-21 10:37