TERMS AND CONDITIONS OF USE OF THE “PAYZY PRO” APPLICATION
1. INTRODUCTION
The company under the name “COSMOTE Payments - ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME” (hereinafter “COSMOTE Payments” or “Company”) with T.I.N.: 800995166/ Attica Tax Procedure and Service Center (KEFODE Attikis), seated in Maroussi, Attica, at 99 Kifissias ave., under the General Commercial Registry No. 146551801000, is an Electronic Money Institution (“EMI”) legally licensed by the Bank of Greece (“BoG”), by virtue of the provisions of Law 4021/2011, Law 4537/2018 and the Executive Committee Act 164/2/13.12.2019 of the BoG, as in force, under the BoG EMI reg. no. 3, for the provision of electronic money and payment services.
COSMOTE Payments has created and manages the “payzy pro” app (hereinafter “payzy pro”) for the provision of electronic money and payment services to businesses (Micro-Enterprises and Professional Users - as defined in Section 1 of the Framework Service Agreement - Terms of Use of COSMOTE Payments E-Wallet, hereinafter “Framework Agreement”). The Definitions of the Framework Agreement, in order to avoid repetitions, are also applicable for these terms (hereinafter “Terms of Use”), unless stated otherwise herein. The use of payzy pro requires from the part of the customers of COSMOTE Payments full and unconditional acceptance of the Terms of Use.
To enable the use of payzy pro, it is required for:
a) the legal representative of the business to have completed their authentication - verification process, as specified in the Framework Agreement,
b) the legal representative of the business to have completed their authentication - verification process, as specified in the Terms of Use of Business Authentication-Verification of COSMOTE Payments and for the manager of the Payment Account of the business to have been appointed through the same process,
c) the other legal representatives of the business, if any, and its beneficial owners, to complete their authentication-verification process, as specified in the Framework Agreement, and to maintain their Payment Account with COSMOTE Payments for as long as payzy pro is maintained.
The business, that has successfully completed its authentication - verification process, will be hereinafter called “Business/Businesses” and the legal representative who has completed their authentication - verification process and has been appointed manager of the Business Payment Account in its authentication - verification process will be hereinafter called “Business Manager”. The businesses that have not successfully completed all the above, will not have access to payzy pro.
In order to receive payment, electronic money, information transaction services, and any other payment, electronic money, information transaction services that may be implemented in the future, the terms of the Framework Agreement apply, which the Business accepts and which form a single and indivisible whole with the Terms of Use, as these are posted on payzy pro and on the Company’s website. Through payzy pro, the Businesses can enjoy services of creation and activation of a Payment Account (IBAN), access to their Payment Account online, order and activation of payment cards, execution of collection and payment operations, issuance of electronic money by initiating loading and unloading transactions for their account, information transactions and any other payment services, possibility of reimbursement in euros as a reward for payment, creation of a Quick-Response Code (hereinafter “QR code”) for payment, creation of electronic money or information transactions to be implemented by the Company in the future that can be provided through payzy pro (hereinafter “Services”).
payzy pro exclusively targets adults and its use by minors is not allowed. In case minors use payzy pro, COSMOTE Payments bears no liability.
The Businesses and Business Managers can obtain information on the Company, Services and Terms of Use on the websites www.pro.payzy.gr and www.cosmotepayments.gr (hereinafter “Website” or “Websites”).
2. CONDITIONS OF USE OF THE APPLICATION
The Business acknowledges and accepts that the access in any way of its Manager to payzy pro and the Services personalizes it, fully and undoubtedly determines its identity and brings the same results as these would be brought by the Manager’s handwritten or authorized electronic signature and proves that all their actions, while using payzy pro or/and its Services, come from them and are deemed approved by them, allowing any proof to the contrary.
These Terms of Use in no case substitute the user’s obligations arising from the terms and conditions for the provision of any other services (hereinafter “Other Services”) of COSMOTE Payments provided to them. For the use of the Other Services of payzy pro which have special terms and conditions, the acceptance of the individual special terms is required. In case of conflict between the special terms of the Other Services and these Terms, the special terms of each Other Service shall prevail. COSMOTE Payments has the right to amend these Terms of Use at any time without prior notification, but undertakes to update this text with any modification or addition and to inform the Businesses or their Managers through an announcement on the Website and on payzy pro or in any other convenient way. The Businesses must be informed on any possible change of these Terms and, if their Managers keep using payzy pro, it is presumed that they have accepted the modifications.
payzy pro is a software product of COSMOTE Payments, which is constantly evolving and is subject to improvements/changes due to the technological evolution. COSMOTE Payments has the right to change at its discretion the technical parameters and the content of payzy pro in its whole automatically, as well as the individual procedures without a prior notification of the Business or its Manager, but by updating these Terms with every modification or addition and by announcing this on the Website and on payzy pro. More specifically, COSMOTE Payments has the right to amend at its absolute discretion the procedures and technical parameters of access of the Managers to payzy pro.
3. INSTALLATION OF THE APPLICATION
payzy pro is freely available by COSMOTE Payments. To download and use payzy pro, the Business Manager is charged pursuant to their provider’s applicable price list for the use of data. The use of payzy pro is possible during roaming with the corresponding roaming charges.
payzy pro is installed on a mobile telecommunication or electronic device - smartphone or tablet (hereinafter “Device”) of the Business Manager’s choice. payzy pro is compatible with Android (version 8.0 or newer) and IOS (version 15.0 or newer) operating systems. A prerequisite for the use of payzy pro is the activation of the security settings of the Device on which it is installed. The Company bears no liability for the choice of the Device by the Business or its Manager. To install payzy pro on the Device, the Business Manager follows the instructions provided through payzy pro. payzy pro is allowed to be installed on one or more Devices. The Business Manager can uninstall at any time payzy pro from their Device or Devices. Uninstalling payzy pro does not entail closing or otherwise changing the Payment Account that the Business holds with COSMOTE Payments, but the account cannot be used (unless the Business Manager re-installs payzy pro), while the Business will not be able to receive the Services provided through payzy pro. The Business will be able to execute payments if its Manager has issued and holds a VISA debit card by COSMOTE Payments in a physical - plastic form or has added their Card in third party wallets (e.g. Apple Pay, Google Pay), pursuant to its terms of provision.
4. ACCESS TO THE APPLICATION
The Business Manager can get access to payzy pro in one of the following ways:
Ι. Combination of username and personal password they have created after the completion of their authentication - verification process on the payzy by COSMOTE application: The username in combination with the password allows the User to securely log in on payzy pro.
The username and the personal password shall for no reason be disclosed to third parties. The Business Manager must remember them, not write them or record them in any form and make sure that they do not leak or become known to third parties. Keeping the above identifiers in any readable form is a severe negligence from the part of the Business Manager. The Business Manager may change the username or/and password at any time, following the instructions of payzy pro. More specifically, the change of the username can be realized in section Account information -> Change tel. number / Change email and the change of the password in section Security settings -> Change password.
ΙΙ. Use of Touch id or Face id: For the use of Touch id or Face id, the User’s Device shall have a fingerprint recognition sensor or equipment to recognize the unique 3D features of the face, technically support this specific functionality and must have been activated by the User. For the use of Touch id or Face id, the Business Manager shall excellently know how to handle the required devices, media or programs, including the use of the Touch id and Face id functionality. COSMOTE Payments does not record, reproduce or store in any way the User’s Touch id or Face id. The individual characteristics of the User’s Touch id or Face id are exclusively stored on the User’s Device, on which they have installed payzy pro.
The Business Manager is obliged to use exclusively their own Touch id or Face id and is exclusively responsible for a third party’s authentication and log in medium not to be saved on their payzy pro and their Device.
ΙΙΙ. Scanning of a QR code appearing on the Device of the Business Manager as described in Chapter VI, adding an additional Device/QR payment acceptance terminal.
COSMOTE Payments may in the future add supplementary methods for the secure access to payzy pro, by informing the Business Manager to this regard on payzy pro or/and on the Websites.
5. SERVICES PROVIDED THROUGH THE APP
The Business Manager has access to the Business Payment Account through the “Wallet” Service, where they can:
- have access to the electronic money balance in the Payment Account of the Business, as well as to its information (ΙΒΑΝ, beneficiary, etc.). The maximum permissible electronic money balance that can be contained in the Payment Account is specified on payzy pro.
- have access to the total of the transactions (and the details thereof) performed with the Business Payment Account in chronological order, and can either filter the results based on specific criteria or search for a specific transaction.
- issue copies of all the transactions performed through the Business Payment Account or through the Cards connected to it (e-proofs, either per transaction or collectively per quarter).
- initiate transactions to load and unload the Business Payment Account as specified in the Framework Agreement, pursuant to the permissible Transaction Limits on which the Business Manager is informed within payzy pro.
In addition to the Services, the following Special Terms and Conditions for the Other Services apply:
I. SERVICE FOR ISSUANCE AND USE OF “Cards” BUSINESS CARDS
Through payzy pro, the Business Managers can apply for the issuance of up to three (3) debit cards for businesses by COSMOTE Payments, in a physical - plastic form, accepting the “Terms of the Contract for Issuance and Use of the Visa debit card for businesses by COSMOTE Payments”.
II. BILL PAYMENT SERVICE THROUGH AN RF SINGLE PAYMENT CODE
The Bill Payment through an RF Single Payment Code is a COSMOTE Payments Service, provided through payzy pro, based on which the Business Manager can give Company payment orders to third companies, organizations and public and private entities (hereinafter “Organization” or “Organizations”), using a unique Single Payment Code (RF) provided from the Organization to the Business for this purpose. The said Payment Code is a unique 25-digit code which always begins with the characteristic letters “RF” and contains all the information concerning the Organization, allowing the Business to perform a payment to the beneficiary Organization without knowing the IBAN of the beneficiary’s account.
“Process”
The Business Manager may request from the Company to execute a payment order for the repayment of an Amount due by the Business or that they wish to pay to an Organization, as this Amount is indicated on a bill or payment notice issued and sent by the Organization.
For the Bill Payment through a Single Payment Code, the Business Manager must pay the full amount indicated on the bill and the Charges of the Company (as these are mentioned in the official Price list of operations of the Company), by charging the Payment Account they hold with the Company in Euros (€) before the completion of the transaction.
In order for the Company to successfully register and execute the Bill Payment Order, the Business Manager must proceed to the following actions:
a. Have at their disposal the RF Single Payment Code for the specific Organization or the printed bill / payment notice issued and sent to them by the Organization indicating the Amount, in order for their payment to the Organization to be authenticated, in the ways indicated on payzy pro.
b. Confirm the correctness of the Payment Code, of the name of the Beneficiary Organization and of the Amount of the Bill entered on payzy pro.
c. Confirm the execution of the said payment order on payzy pro through SCA-Strong Customer Authentication.
“Receipt and execution of a payment order”
The time point of receipt of the Payment Order by the Company is considered to be the time when the Business Manager gives the Payment Order to payzy pro.
The Payment Orders registered after 14.00 of each day on payzy pro, are executed on the following working day. If the Business Manager gives a Payment Order through payzy pro on a non-Working Day, the Payment Order will be considered as received by the Company on the next Working Day and this day will be considered the time of receipt thereof. The balance of the Business Payment Account is reduced by an amount equal to the Bill Payment Amount and the respective charge of the Company and is no longer available from the moment of submission of the Payment Order.
The Company will execute the Payment Order to the Organization concerned by the end of the next Working Day from the time of receipt of the Payment Order by the Company, as this is specified above.
The Business Manager can, through the Service, perform Bill Payments only for the Organizations that have an RF Payment Code on the Bills they send.
“Cancellation, rejection and reimbursement of a payment order by an Organization - Company Liability”
The Business Manager cannot revoke a Payment Order already given through payzy pro after the Company has received the Payment Order, as specifically provided for above.
In case, for any reason, the Organization reimburses the Amount to the Company, the latter will contact the Business Manager through a request to payzy pro or in any other convenient way. It shall be clarified that, in such a case, the amount of the Charge paid from the Business Manager to the Company is not refunded.
The Company is in no way liable towards the Business for:
a. Bill Payments rejected by the Organization for any reason whatsoever,
b. payments the Amount of which is reimbursed from the Organization concerned to the Company for any reason whatsoever,
c. execution of a Payment Order not successfully performed since the Business Manager entered false information on payzy pro for the execution thereof to the specific Organization, and
d. for any other incident that may occur concerning the Bill Payment and attributed to the relationship between the Business and the Organization concerned.
III. CREATION OF A STORE PROFILE
The Business may have one or more physical or online stores (hereinafter “Store”/”Stores”), which are defined on payzy pro. The Business Manager, upon their first login on payzy pro is asked to create the profile of the Store belonging to the Business with all necessary information (Store name, address, Website, telephone number, working hours, profile picture). The Store profile is visible to all interested customers through the payzy by COSMOTE app, where they can find information on the Store.
The Business Manager can process the profile of their Store at any time, by adding or changing information. The Business Manager undertakes full responsibility for the correctness of the information of the Business Store. COSMOTE Payments is not liable for any damage that may be caused to the Authenticated Users of the payzy by COSMOTE app due to false profile information of the Business Store.
The Business Manager also chooses the subscription plan of the Services of payzy prο, depicting the payzy pro Services that the Company has accepted to provide for a specific price to the Business. The pricing of the payzy pro Services, mentioned in the official Price List of operations of the Company here and here and on payzy pro, takes place monthly by charging the Business Payment Account and may be interrupted at any time or relaunched by the Business Manager. In case of failure to pay the subscription, payzy pro functionalities are suspended and they are relaunched, if a new successful payment of the subscription is made.
IV. Service of payment acceptance through a QR code
The Service of payments through a QR code enables the transfer of an amount (charge) from the Payment Account of an Authenticated User of the payzy by COSMOTE app (hereinafter “Payer”), to the Business Payment Account, for the payment of a product or service. The Business Payment Account is managed by the Business Manager. The Payers can search for Businesses with a payzy pro Payment Account with the Service of payment acceptance through a QR code, in the section “payzy pro” of the payzy by COSMOTE app.
COSMOTE Payments is solely liable for the completion of the payment and bears no other liability concerning the transaction realized between the Authenticated User and the Business (e.g. product or service quality).
“Description of the payment process through payzy pro”
The Business Manager’s payzy pro is certified to accept payments and the Business Manager may set more than one certified Devices to accept payments on which payzy pro is installed, as described in Chapter VI below.
Through the Devices which have payzy pro installed, the Business Manager creates a QR code as a transfer request on payzy pro which is scanned by the Payer as an acceptance of a transfer request from certain points indicated to them on the payzy by COSMOTE app or through the mobile phone camera leading them to the respective point of the payzy by COSMOTE app. Every Business Manager may request for an amount to be debited from the Payer to the Business to its Payment Account, through a request to scan a QR code. The Business Manager or the Payer can accept or reject the request. If the Business Manager or the Payer reject the request, then both Users are informed to this regard through their apps.
If the Payer accepts the payment request, the amount is charged to the Payer’s Payment Account and debited to the Business Payment Account. The Payer may add a tip to the amount by typing in the respective field on payzy pro. The payment is executed immediately and, in case of a mistake, the Business Manager reimburses the full amount to the Payer, redirected to the transaction they wish to cancel and pressing the choice indicating refund. The QR code contains the amount to be paid and the Payment Account to be debited and lasts for 5 (five) minutes from its creation.
“Cashback to the Payers, as a reward for paying through payzy pro”
The Business can perform promoting actions for its Stores, refunding a percentage or a specific amount from the payments carried out through payzy pro to the Payers (hereinafter the “Cashback”). The Cashback is attributed to the Payer’s Payment Account after the successful execution of the transaction and is reimbursed in case of cancellation. The terms and conditions of the Cashback are set by each Business through the section Cashback on the payzy pro app and COSMOTE Payments bears no liability for the promoting actions of each Business.
“Support of payments performed through payzy pro”
The support of transactions performed within payzy pro is provided pursuant to the specifications of section 7.
“Review of the payment process”
The Business is reviewed for the experience of the transaction by the Payer, after the successful execution of the payment by the Payer. The review is immediately posted on the Business profile on payzy pro, following the Payer’s visibility choice to other Authenticated Users of payzy by COSMOTE. If the Payer has chosen to be visible to all, the review is visible to all, while if the Payer has chosen not to be visible to anyone, the review is not visible to anyone.
Every Payer has the right to review the Business after a successful transaction through payzy pro. Based on the total reviews, the average review rating of the Business is calculated, including the reviews that the Payers have chosen not to be visible. The Payer has the right arising from the section “my reviews” on payzy pro to delete each of their reviews. The Payer has the right to change their review only after a subsequent successful payment to the Business through payzy pro. The Business cannot delete any reviews.
V. SERVICE OF SUPPLEMENTARY TERMINALS TO ACCEPT PAYMENTS THROUGH QR
The Business Manager can set more than one certified device to accept payments, on which payzy pro will be installed. In addition, they may set supplementary devices to use the payzy pro app for specific functionalities, that is acceptance of payments through QR, display of the active and scheduled Cashbacks, request for refund from the Business Manager to the Payer and display of the list of payments made through the specific device. The certification process for the supplementary devices is performed through the section “Device Management” on payzy pro. To set a device, payzy pro must be installed on it and the unique QR code that is created by the Business Manager in the section “Device Management” must be scanned during the login process with the device of the Business Manager and then the Business Manager must approve the addition of this supplementary device. The Business Manager can set as many devices as defined in their subscription plan. The Business Manager can interrupt the access to any device they wish from the section “Device Management” at any time.
The Business Manager assumes full responsibility for the management of these devices by themselves or by third parties (e.g. Store employees) and undertakes the correct use of the supplementary devices to accept payments through QR, as well as everything specified in Section 8.
VII. BUSINESS LOYALTY PROGRAM (LOYALTY) “CASHBACK”
The Business Loyalty Program (Loyalty) “Cashback” (hereinafter referred to as “the Program”) is a rewards program through which the Business accumulates amounts in euros (hereinafter “Cashback”). These amounts can be redeemed according to these Terms, as amended from time to time, or any other terms specified by the Company. Participation in the Program implies that the Business Administrator has read the following Terms, fully agrees to them, and unconditionally accepts that they exclusively govern the rights and any obligations of the Business and the Administrator regarding the Program.
“Eligibility to Participate”
Businesses based in Greece that hold a Payment Account with COSMOTE Payments and are legally represented by their Administrator (hereinafter referred to as “Participant”) are eligible to participate in the Program.
“Participant Registration”
Registration in the Program occurs upon completing the business verification and identification process in the COSMOTE Payments Business Verification Application and gaining access to the Application.
“Participant Deregistration”
A Participant is deregistered from the Program if its Administrator deletes the Payment Account linked to the Program through the Application.
The Company reserves the right to delete or exclude a Participant from the Program in cases of non-compliance with the Terms of Use or actions that harm the Company, as outlined in Article 9 “Business Administrator and Third-Party Conduct” of the Application’s Terms.
“Cashback Collection”
Each Participant collects Cashback after registering for the Program through transactions conducted with a COSMOTE Payments card (plastic card transactions upon clearing) or involve activities (hereinafter “Transactions”) performed by the Business Administrator as described on the website pro.payzy.gr under the section Services / Loyalty Program (Loyalty) “Cashback”. Cashback is credited directly to the Business’s Payment Account.
Cashback is not collected from the following types of Transactions: Cash withdrawals of any form, Top up of payment cards (debit, credit, or prepaid), whether issued by COSMOTE Payments or other institutions, Payments to other Payment Accounts within COSMOTE Payments or external institutions, card payoffs of other institutions (partially or fully), transfers to other financial institutions (incoming or outgoing), Loan instalments, Cryptocurrency purchases, Gambling or betting transactions, Transactions with public entities (e.g., municipalities, associations, public or private legal entities, tax payments, EFKA contributions), Transactions disputed by the Business.
COSMOTE Payments may modify or exclude transaction types from the Program as outlined in the section “Modification/Termination of the Program”. Cashback amounts for each transaction type are updated on the Company’s website in accordance with this section.
Accumulated Cashback euros can be redeemed or consumed at any time. In cases of errors where Cashback is incorrectly calculated to benefit or disadvantage a Participant, COSMOTE Payments reserves the right to make necessary corrections to the Payment Account without prior notice.
Cashback collected by Participants cannot be transferred or assigned to any third party. If a transaction amount includes decimals, the Cashback is rounded to two decimal points (e.g., for a €3.44 transaction, €0.03 Cashback is awarded, while for a €3.59 transaction, €0.04 Cashback is awarded).
“Participant Notification on Available Cashback”
The Business Administrator can monitor accumulated Cashback through the Application. Notifications about Cashback collection opportunities are provided via SMS, newsletters, emails, or updates through the Application or website.
COSMOTE Payments may periodically inform Business Administrators about the Program via the above methods, using the contact details provided during or after registration.
“Modification / Termination of the Program”
COSMOTE Payments reserves the right to modify these Program Terms at any time, including those available on the website, pro.payzy.gr. Modifications to the Program Terms will be communicated to Business Administrators participating in the Program via the App, the Website, or any other appropriate means as deemed fit by COSMOTE Payments, and they will take immediate effect unless otherwise specified. Conducting eligible transactions or activities constitutes acceptance of the modified Program Terms by the Participant.
Additionally, any modification will include an effective date and duration (if applicable). COSMOTE Payments reserves the right to terminate the Program at any time, at its discretion, by notifying Participants one (1) month prior to the termination date through the Company’s Websites and/or the App and/or any other means deemed appropriate.
COSMOTE Payments assumes no liability to Participants, Administrators, or third parties regarding any such modification or termination of the Program. Participation in the Program implies a waiver of any claims, demands, or rights against COSMOTE Payments related to such changes or termination.
“Other Terms”
Under this Program, COSMOTE Payments, as the Data Controller, collects, stores, and processes the personal data of Business Administrators, such as identification and contact details, which are necessary solely for processing purposes and only to the extent that Administrators provide such data during the registration of the Business or during its participation in the Program. COSMOTE Payments takes all necessary measures and ensures the lawful and fair collection and processing of personal data, as well as its secure retention, in accordance with the General Data Protection Regulation 2016/679 (GDPR), Law 4624/2019, and the relevant regulatory framework, safeguarding the confidentiality and privacy of any information it receives.
COSMOTE Payments may use the personal data of Business Administrators to send informational material regarding the Program’s capabilities or related matters.
COSMOTE Payments ensures the personal nature of the Participants’ personal data and does not transfer it to any third party (legal or natural person) except where provided for by the Program’s terms or by law. Within the Program’s framework, such data may be transferred to companies collaborating with COSMOTE Payments, to the extent necessary for purposes exclusively related to the support, execution, and operation of the Program.
COSMOTE Payments processes the personal data of Business Administrators and Participants’ details throughout their participation in the Program and after its termination, for as long as required by the applicable legal and regulatory framework.
7. HELP AND SUPPORT
For any clarification or reference regarding payzy pro and the Services provided through it, the Business Managers may address to the COSMOTE Payments Customer Service by calling 0030 210.6.10.40.20 or send an e-mail at support@payzypro.gr or a letter to the postal address: “COSMOTE Payments – ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME” Marousi, Attica, 99 Kifissias ave., P.C. 151-24.
The Business Managers can also get support and help regarding the operation of payzy pro and the Services provided, in the following ways through the website support.payzypro.gr:
“payzy pro app FAQs”
The Business Manager can read articles describing the operation of payzy pro. COSMOTE Payments must keep these articles up-to-date and sufficient.
“COSMOTE Payments Agent”
The Business Managers can contact an available COSMOTE Payments Agent to resolve a support request they may have as follows:
- after creating a relative support request through the website support.payzypro.gr or
- by contacting a call center at 0030 210.6.10.40.20 or
- through a digital call from the website support.payzypro.gr or
- through a live chat from the website support.payzypro.gr
or a COSMOTE Payments Agent can call them to the contact number and during the hours they indicate.
In case of change in the information of the Business (e.g. change of name, headquarters, etc.) or change of the Business Manager, the Business Manager or one of the Business’s legal representatives must file a relevant request through the website support.payzypro.gr using the username in combination with their password. This request is then examined by specialized employees of COSMOTE Payments, who may request from the Manager or the legal representatives supplementary supporting documents certifying the above changes.
8. SECURITY
The Business Manager must take all necessary measures to protect the Device from theft or loss, throughout the use of payzy pro.
The Business Manager must sufficiently and safely handle their Device and the programs necessary for their access to payzy pro and the use thereof, and acknowledges that COSMOTE Payments bears no liability for the suitability and security of the Device and third-party programs required for their access and use of payzy pro. COSMOTE Payments is not liable for any damages that may be caused to the Business Manager’s Device, through which they use payzy pro, to their hardware and software or for any data loss that may arise from the use of payzy pro.
The Business Manager must ensure the secure operation of their Device and of payzy pro, in particular install the most recent and updated versions of the application software and operating system supported by their Device, as well as use applications and programs in general coming from trusted, reliable, and certified software providers. The use of the applications and programs must be made only when the Business Manager is certain of their source of origin.
The Business Manager must not visit through their Device websites with malware or of unknown (controversial) origin, due to the risk of a virus infection of the Device and payzy pro, as well as the risk of alteration, loss or/and leakage of their personal data. COSMOTE Payments does not guarantee that, despite the exercise of due diligence, the functions of payzy pro will be uninterrupted or free from any kind of errors and viruses. Additionally, the Company bears no liability for any damage that may be caused to the Business Manager’s Device, through which they use payzy pro, due to lack of an appropriate program of protection from malware. Consequently, the Business Manager must ensure the protection of their Device (use of antivirus, virus scanner or other protection program) before and throughout the use of payzy pro.
The Business Manager undertakes not to install payzy pro on a jailbroken or rooted device. Such devices are vulnerable to malicious attacks and viruses, risking, inter alia, the security of the device and of payzy pro. COSMOTE Payments bears no liability for any action performed through a jailbroken - rooted device or/and on a jailbroken - rooted device and any corresponding liability burdens exclusively the Business Manager.
The Business Manager acknowledges that they are obliged and bear the exclusive liability to ensure and safeguard the personal passwords / Personalized Security Credentials, which are strictly personal and confidential. COSMOTE Payments suggests and the Business Manager acknowledges and is aware that the change of passwords / Personalized Security Credentials periodically, as well as after the first use, is a necessary security measure. The Business Manager shall not disclose the above information or register them or store them in a way rendering possible the access thereto to third parties.
It shall be noted that COSMOTE Payments will never ask from the Business Manager for any reason and in any way (by phone, e-mail or SMS) to disclose the passwords / Personalized Security Credentials, even in case their new authentication is needed. Every communication (by phone, e-mail or SMS), in which the Business Manager is requested to disclose the passwords / Personalized Security Credentials is considered suspicious and shall be handled as such by the Business Manager.
In case any third-party requests by phone or in any other way for the Business Manager to disclose the passwords / Personalized Security Credentials, the Business Manager must not proceed to this action, but immediately refer the incident to COSMOTE Payments in order for it to proceed to the appropriate actions. Additionally, the Business Manager is obliged to take all necessary measures to safeguard their Device (e.g. PIN) and access features (e.g. Face id, Touch, id, etc.) and when they become aware of theft or loss of the Device or embezzlement or misuse thereof by an unauthorized person, they are obliged to notify COSMOTE Payments without any delay on the number of the special call service provided in the section “Contact”. The Business Manager must fulfill the above with increased care and diligence, otherwise shows gross negligence.
The Business Manager must be constantly up-to-date on the information and safety recommendations provided from the website of COSMOTE Payments and diligently comply with them.
9. Behavior of the Business Manager and of third parties
The opinions expressed in all the media provided by payzy pro belong to the Businesses and the Business Managers and any third parties that express them. Such opinions do not represent the Company, its administration or employees. COSMOTE Payments bears no liability for the content and the comments of the Business Managers or third parties. The Business Managers and any third parties must comply with the rules and provisions of the respective legislation and abstain from any illegal and abusive behavior during its use and in relation to it, as well as from the adoption of unfair competition and other illegal practices.
Indicatively, and not restrictively, the following is forbidden:
The use of payzy pro for personal reasons or any other use apart from the appropriate use concerning the Business and falling within its professional objectives, with the Business Manager being fully and exclusively liable otherwise.
The use of payzy pro in violation of laws and regulations governing the business activities of COSMOTE Payments, including indicatively but not restrictively, the legislation on unfair competition in general and specifically on misleading advertising, on consumer protection, on direct advertising in general and specifically on spamming, as well as of the legislation on the personal data protection.
The use of payzy pro for the installation and promotion, in any way, of any kind of advertising or electronic messages not asked by the recipient (spam), chain letters and any other form of spam content promotion or correspondence, the publication, sending or transmission in any way of content, which contains viruses or malware, any other codes, files or programs designed for the interruption, damage, destruction or equipment of the operation of any software or computer hardware.
The use of payzy pro in a way infringing intellectual property rights, related rights, patents, product or service trademarks, trade names, trade secrets or other intellectual property rights or the personality of third parties and the right of personality. Posting or transmitting/sending illegal, threatening, defamatory, offensive, obscene, provocative, pornographic or mocking messages against anyone or any other material that may be or encourage behaviors constituting a criminal offense or may give rise to other claims or violate the law in any other way. The Business Manager, the Business or/and any third party liable for any damage that may be caused to payzy pro due to the bad or improper use of payzy pro and of the services provided through it. In case COSMOTE Payments gets involved in any judicial dispute or is called to pay any kind of compensation due to the violation of the obligations of the Business Manager or of a third party, provided for in these Terms, the Business, its Manager or any other person liable must compensate COSMOTE Payments for this reason.
It is not allowed to post content or material that may be characterized as:
a) racist, sexist, homophobic, obscene, violent, cruel or vulgar or harmful to minors
b) defamatory or libelous for any member, team or organization, or expressions of hatred
c) abusive, threatening or otherwise likely to be harmful for the members of payzy pro
d) violating any relevant local, national or international law or inciting or encouraging the violation of any such law
e) offensive or inappropriate in any way
f) violations of the rights (including the rights of intellectual property, patent, trademarks, trade or industrial secrets) of any legal or natural person, as well as any other content that may be against the Law.
In any case of use, illegal or against these Terms, COSMOTE Payments has the right to interrupt the access to payzy pro notifying to this regard the Business Manager and the Businesses, as well as the Business Managers individually, are obliged to compensate COSMOTE Payments for any incidental or consequential damage. Any non-exercise from the part of COSMOTE Payments of its rights arising from the Terms does not entail its waiver from these rights.
10. Routing to third-party websites
In case payzy pro provides a link to third-party websites, these (third parties: website providers) have the full (civil and criminal) liability for the security, the legality and the validity of the content of their websites and services, excluding any liability of COSMOTE Payments, such as liability for intellectual and industrial property rights or any third-party rights. The provision by payzy pro of a link to a third-party website in no case means or implies the approval of the website or of its content by COSMOTE Payments.
References by Business Managers to other third-party websites are beyond the control of COSMOTE Payments. Therefore, COSMOTE Payments cannot be considered liable for the content of such websites and the Business Managers are obliged to address directly the third parties for anything that may arise from their visit or/and use. Despite the fact that the Businesses accept that COSMOTE Payments neither must nor can control the security and content of third party websites and services to which it gives access, it has the right at any time to remove, amend or interrupt any third-party service or link to a third- party website, if, at its discretion, the law or the Terms of Use are threatened or violated. The Business Manager will be notified every time, before visiting a third-party website or application.
11. Intellectual Property Rights
Except for any third-party rights, the entire content of payzy pro, including images, graphics, photos, designs, texts, provided products and services, constitute intellectual property of COSMOTE Payments and shall be protected pursuant to the relevant provisions of the Greek law, of the European law and international conventions.
Any copy, distribution, transfer, alteration, resale, creation of derivative work or deception of the public concerning the actual provider of the content of payzy pro is forbidden. Any reproduction, reissue, loading, announcement, dissemination or transmission or any other use of the content in any way or by any means for commercial or other purposes is permitted only following a prior written authorization by COSMOTE Payments or any other beneficiary of intellectual rights. The names, images, logos and distinctive features indicated on payzy pro, are exclusive trademarks of COSMOTE Payments or of third parties, protected by the respective laws on trademarks. Their display on payzy pro shall in no way be perceived as transfer or concession of authorization or right to use them.
12. Processing of personal data
For the purposes of operation of payzy pro and provision of the Services through payzy pro, COSMOTE Payments, as Data Controller, proceeds to the collection, maintenance and processing of personal data of the Business Manager, pursuant to the applicable European and national legislative and regulatory framework. The Business Manager has been informed by COSMOTE Payments in a clear and comprehensive manner on the processing of their data, the purpose thereof, the recipients of the data, as well as the rights provided to them by the applicable institutional framework, while, at the same time, they assume the obligation to inform in time COSMOTE Payments on any change of their personal data. For the collection, maintenance and processing of the personal data of the Business Manager/User, the terms applying are the ones mentioned in the documents (a) Personal Data Protection Policy of COSMOTE Payments and (b) Information on Personal Data Processing through payzy pro, available on the Company’s website.
13. Other Terms – Applicable Law and Jurisdiction
Any violation or indication of violation of the Terms of Use by the Business Manager entails the immediate removal of the right of the Business Manager and the Business to download, install and use payzy pro. If the Business Manager does not agree with the Terms of Use, they must immediately remove payzy pro from their device and delete any copies thereof. The Business Manager is suggested to create backup copies, before the installation and from time to time during the use of this software.
COSMOTE Payments may suspend the use of payzy pro and its corresponding Services, for reasons relative to its safety, the suspicion of unauthorized or fraudulent use thereof or for reasons concerning the certification and verification of the identity of the Business Managers. COSMΟTE Payments informs the Business Managers in any way deemed appropriate, on the suspension of the use of payzy pro and of the Services, and for the reasons of the suspension, if feasible before the suspension or immediately after, unless this notification is against objectively justified security reasons or is forbidden by another respective community or national legislation.
In case the reasons for suspension no longer exist, the suspension is revoked.
Moreover, any termination or expiry of the Framework Agreement leads to the automatic termination of provision of the Services of payzy pro.
COSMOTE Payments makes every effort in order for the information and the overall content of payzy pro to be accurate, clear, complete, correct, sufficient, recent and available, while there is no guarantee and, thus, it is not liable for achieving the existence of the above characteristics. COSMOTE Payments is in no case liable for any damage that may be caused to the Business Manager or any third party in connection with this use.
COSMOTE Payments is not liable for any interruption of the provision of payzy pro and in general violation of the Terms of Use due to reasons of force majeure, such as, extreme weather phenomena, earthquakes, floods, fires, emergencies, etc.
These Terms and any modification thereof are governed by the Greek law. For any dispute that may arise from these Terms, the competent courts of Athens shall have jurisdiction.
14. Contact
The Business Manager, for any complaint, grievance or other dispute concerning payzy pro or/and its Services can address to COSMOTE Payments, by filling out a complaint form, as this is provided for in the form on the website www.cosmotepayments.gr. The said filled out and signed document shall be sent to COSMOTE Payments either by e-mail at complaints@cosmotepayments.gr or by post to “COSMOTE Payments – ELECTRONIC MONEY SERVICES SINGLE MEMBER SOCIETE ANONYME”, Marousi, Attica, 99 Kifissias ave., P.C. 151-24.
The Company makes available to the Business Manager a 24h special telephone service (from Greece: 210.6.30.00.30 and from abroad: 00.30.210.6.30.00.30) for the communication of any loss, theft, embezzlement or unauthorized use of the Device, which is registered on a magnetic medium.
Every Business Manager can file a direct complaint to COSMOTE Payments, which makes every possible effort to respond in writing or in electronic form to the Business Manager within fifteen (15) working days from the receipt of the complaint.
The Business Managers, for any dispute arising from the electronic contract, can use the Online Dispute Resolution platform of the European Commission at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EL