VIVAIA |  Women's Sustainable, Washable Shoes and Clothing
VIVAIA |  Women's Sustainable, Washable Shoes and Clothing

Online Card Payment Services Policy

 

This Online Card Payment Services Agreement ("Card Agreement") is a contract between you ( "you" "your") and STARBRANDS GLOBAL HOLDING LLC ("VIVAIA", "we", "us" or "our"as the context may require). You agree that any use by you of any of the Online Card Payment Services (as defined below) that we offer to you will constitute your acceptance of this Card Agreement.

 

This Card Agreement any other applicable agreement(s) you have entered into with VIVAIA (collectively "VIVAIA Agreements") shall apply to your use of the Online Card Payment Services. To proceed with obtaining one or more of the Online Card Payment Services below, you must read, agree with and accept all of the terms and conditions contained in this Card Agreement. We may amend or otherwise revise this Card Agreement and any applicable policies from time to time. The revised version will be effective at the time we post it on the VIVAIA Website unless otherwise noted.

 

By continuing to use the Online Card Payment Services after any changes to this Card Agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this Card Agreement, you may, as applicable, terminate your use of the Online Card Payment Services as set out in clause 5 before such changes become effective and/or close your account. While you  may close your VIVAIA account at any time and without charge, please note that you may still be  liable to us after you terminate this Card Agreement for any liabilities you may have incurred and are responsible for prior to terminating this Card Agreement.

 

Online card payment services means the suite of payment processing services offered by VIVAIA which provide yous with the ability to accept and receive credit and debit card payments on our website or mobile application. For purposes of this Agreement, these services include Advanced Credit and Debit Card Payments.

 

1. Setting up and activating your service

(1) Getting started. Complete the relevant information according to the prompts and requirements of our website. After our website successfully or completes the prompt, you can enjoy the fast payment service, including credit or savings card binding, password-free payment based on payment channels, etc.



(2) Credit report authorisation. You authorize VIVAIA to automatically select a more convenient payment method based on the credit or bank card you use without obtaining your consent. You authorise VIVAIA to provide information regarding your business and individual Card Transactions to third-parties for the purpose of facilitating the acceptance and settlement of your Card Transactions and in connection with items, including chargebacks, refunds, disputes, adjustments, and other inquiries. You agree to allow VIVAIA  to obtain from a third party your credit history and financial information about your ability to perform your obligations under this Card Agreement in the manner set out in the VIVAIA privacy statement. VIVAIA will review your credit and other risk factors of your VIVAIA account (including but not limited to, reversals and chargebacks, customer complaints, claims) on an ongoing basis. VIVAIA will store, use and disclose the information obtained in conformity with VIVAIA's privacy statement.



(3) At the same time, we hope you can understand that we will make corresponding adjustments to the specific circumstances of the fast  payment based on the legal requirements of different countries or regions, and may require you to re-authorize similar services.



2. Payments

(1) When you enter the payment password in the payment interface, it is deemed that you agree to pay the corresponding amount in accordance with the relevant regulations and policies of this website.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.



(2) For refunds or returns, please follow the after-sales policy of our website.



3. Vaulting Consent for Certain Services

During the period of binding your credit card or savings card, you understand and acknowledge that this website obtains your authorization for password-free payment during your shopping process on this website.This authorization is not irrevocable or exclusive. You can change it at any time according to your needs. For specific operation methods, please refer to Article 5.



4. Proprietary Rights

(1) Intellectual property. You acknowledge that VIVAIA and its licensors retain all intellectual property rights (including all patent, trademark, copyright, trade dress, trade secrets, database rights and all other intellectual property rights) and title in and to all of their confidential information; other proprietary information, products, and services; and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the Services and provided by VIVAIA hereunder, including without limitation all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces thereto (all of the foregoing "VIVAIA Intellectual Property"). VIVAIA Intellectual Property does not include your preexisting hardware, software, data, or networks. Except as otherwise expressly provided herein, nothing in this Card Agreementshall create any right of ownership or license in, and to the other party's intellectual property rights and each party shall continue to independently own and maintain its intellectual property rights. There are no implied licenses under this Card Agreement and any rights not expressly granted to you under this Card Agreement are reserved by VIVAIA or its suppliers. You shall not reverse engineer, decompile, modify in any manner, or create derivative works from the Services, Licence (below), or any VIVAIA Intellectual Property.



(2) Ownership of information and materials. As part of the you's access to, and use of the Services, the you will be provided with certain information and materials (the "Materials") for its use with the Services. All intellectual property rights associated with the Materials remain the property of VIVAIA or the relevant Acquiring Institution (as the case may be). The you agrees to not give, transfer, assign, novate, sell, resell (either partly or in whole) the Materials to any person.



(3) Licence. VIVAIA hereby grants to you a non-exclusive, non-transferable, revocable, non- sublicenseable, limited license to:

a. Use VIVAIA's Intellectual Property, any Materials, and any information and documentation as set out on the VIVAIA Website from time to time solely, as required and necessary to use the Services in accordance with the terms and conditions of this Card Agreement (the "IP License" and with respect to the APIs, the "API Licence");

b. Add to use the documentation provided by VIVAIA for your Service and reproduce it for internal use only within your business. Your Service as licensed is subject to change and will evolve along with the rest of the VIVAIA system; see clause 11(a). You must comply with the implementation and use requirements contained in all VIVAIA documentation and instructions accompanying the Service issued by VIVAIA from time to time (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and Card Association rules and regulations).



5. Termination and suspension

(1) You can unbind your card at any time without restriction in the  [Personal Center] - [Credit Card].



(2) By events. VIVAIA may terminate this Card Agreement immediately without notice if you:

a. Breach this Card Agreement;

b.Become unable to pay or perform your obligations under, this Agreement or any of the VIVAIA Agreements that apply to the Services;

c. We decide, in our discretion, that you become ineligible for the Services because there is a high level of risk associated with your VIVAIA account or for any other reason, or upon request by any Acquiring Institution or any of the Card Associations; Or you violate any Association Rules as they may be amended by the Card Associations from time to time.



(3) Breach and suspension. If you breach this Card Agreement or a security requirement imposed by PCI DSS, VIVAIA may immediately suspend your use of your Service. VIVAIA may require you to take specified corrective actions to cure the breach and have the suspension lifted, although nothing in this Card Agreement precludes VIVAIA from pursuing any other remedies it may have for breach. In addition, if VIVAIA reasonably suspects that  you may be in breach of this Card Agreement or PCI DSS, VIVAIA may suspend your use of  your Service pending further investigation.