Terms of Service
VIVA Finance, Inc.

Terms of Service

Last Modified: 9/21/2020

Thank you for using www.viva-finance.com (the “Website”). By using the Website or clicking the “Sign In” button, you are agreeing to be bound by the terms of use described below (the “Terms of Use”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. These Terms of Use are provided on behalf of VIVA Finance Inc (VIVA Finance”, VIVA, “we”, or “us”).


By accepting these Terms and Conditions you hereby agree to allow VIVA Finance Inc. to submit Treasury Form 1199A, a direct deposit authorization form, or any other form based direct deposit initiation to your payroll department on your behalf to commence, alter or change payments. Additionally, by accepting these Terms and Conditions of Use, you hereby agree to the use of your electronic signature submitted in compliance with federal rules.

Privacy

Your privacy is very important to us. Our privacy policy explains how we treat your personal information and protect your privacy when you use our Website. We will not share or sell any of your information with any third party, except as specifically described in our privacy policy, which is hereby incorporated by reference into these Terms of Use.

Loan Pre-Registrations and Applications

You may be presented with the opportunity to pre-register and/or apply for a loan through the Website. When pre-registering or applying for a loan on the Website, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, VIVA has the right to terminate your loan preregistration and/or application and to decline to provide any and all future use of the Website. We reserve the right to decline your application for a loan.

 

Your Account

You may be required to create an account to use certain parts of the Website. When you create an account, you will be required to enter your employer name and work email. You then will be required to verify your email by entering a code sent to your work email from info@viva-finance.com. If you learn of any unauthorized use of your account, please contact us immediately.

 

Changes and Modifications

VIVA Finance reserves the right to temporarily or permanently modify or discontinue the Website, or any portion of the Website, for any reason, at our sole discretion, and without notice to you. VIVA Finance may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

 

Links

This Website may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of VIVA Finance. VIVA Finance does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.

No Warranty

VIVA Finance does not warrant the accuracy, adequacy or completeness of the information provided on the Website and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Website provide you with ESTIMATES that may be different than actual amounts.

Loan Terms

Prior to an applicant accepting a loan offer, VIVA Finance will provide the loan applicant with the terms of his or her loan. These terms include the maximum amount financed, the length of the loan in number of months, the estimated monthly payment for the loan, the origination fee for the loan, and the loan APR. Loan terms may vary from the estimate provided prior to an applicant accepting a loan offer due to timing of payments or other reasons.

Use of Personal Data

VIVA Finance and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers retrieve financial information such as holdings, balances and transactions. VIVA Finance and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.

VIVA Finance and its subsidiaries may use your personal data, user data and other information collected through the Website to help us improve the content and functionality of the Website to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

VIVA Finance and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

Dwolla

In order to use the payment functionality of VIVA Finance’s application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize VIVA Finance to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through VIVA Finance’s application, and Dwolla account notifications will be sent by VIVA Finance, not Dwolla. VIVA Finance will provide customer support for your Dwolla account activity, and can be reached at www.viva-finance.com, info@viva-finance.com and/or +1 (678) 685-8834.

Consumer Communications

By accepting these Terms of Use, you expressly consent to be contacted by VIVA, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, which includes, but not limited to, your user profile or any account used in connection with a product offered by VIVA Finance, Inc. or its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. VIVA AND OUR AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS

Call Recording

You agree that VIVA and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.

Limitation of Liability

You agree that all access and use of the Website, its content is at your own risk. In no event shall VIVA Finance be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if VIVA Finance, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website. Our Website is available only to individuals who are permitted to use it under applicable law. Additionally, the Website is intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website in accordance with these Terms of Use. Unauthorized use of this Website, including but not limited to unauthorized entry into VIVA Finance’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of Georgia, without regard to its provisions relating to conflict of laws. You and VIVA Finance agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fulton County, Georgia. The failure of VIVA Finance to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please direct all questions or comments about these Terms of Use to info@viva-finance.com

COPYRIGHT © VIVA Finance Company. ALL RIGHTS RESERVED.

VIVA Finance owns the copyright in all of the information and material contained in this Website. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website, or use of or access to the Website or any information or technology obtained from the Website, including, but not limited to, VIVA'S trademarks. If you believe that any material on this Website violates your copyright, please notify us at info@viva-finance.com. VIVA will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary.