Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website at payvianta.com and its related pages, content, and information (the “Site”), operated by Vianta Payments Ltd. (“Vianta”, “we”, “us”, or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms apply to your use of the Site. They do not, by themselves, create any payment-services relationship. Payment and related services are provided only under a separate written Merchant Service Agreement (“MSA”) entered into after application and approval. Where these Terms and an MSA conflict in respect of the services, the MSA governs.

The Site provides general information about Vianta and its services. That information is provided for general information only; it is not an offer or solicitation, and it does not constitute financial, legal, tax, or other professional advice. Service availability, payment methods, market coverage, and commercial terms may change and are confirmed only in your MSA.

The Site is intended for businesses and their authorised representatives, not for consumers. By using the Site, you represent and warrant that:

• You are at least the age of majority in your jurisdiction;
• You have authority to accept these Terms, on your own behalf and, where applicable, on behalf of the business you represent; and
• You are not a person or entity subject to sanctions, located in a comprehensively sanctioned jurisdiction, or otherwise prohibited from using the Site under applicable law.

You may submit an application through the Site. Submitting an application does not create a business relationship or entitle you to any service. All applications are reviewed individually and are subject to Vianta’s compliance, due-diligence, and risk assessment. Vianta may accept or decline any application at its discretion and, subject to applicable law, is not obliged to give reasons.

You agree not to use the Site to:

• Violate any applicable law or regulation;
• Engage in or facilitate money laundering, terrorist financing, fraud, or sanctions evasion;
• Infringe the intellectual property or other rights of any person;
• Upload malicious code, or attempt to gain unauthorised access to, interfere with, or disrupt the Site or its security;
• Scrape, harvest, or collect data from the Site by automated means without our prior written consent; or
• Misrepresent your identity or affiliation.

We may restrict or terminate access for any breach of this section.

Vianta is a FINTRAC-registered Money Services Business and maintains an anti-money-laundering and counter-terrorist-financing program (see our AML Policy). You agree to comply with all applicable AML, sanctions, and financial-crime laws. Vianta may request information, verify your identity and that of your beneficial owners, screen you and your counterparties against sanctions and watch lists, and refuse, suspend, or report activity as required by law.

The Site and its content — including text, graphics, logos, illustrations, design, and software (the “Content”) — are owned by or licensed to Vianta and are protected by intellectual-property laws. Third-party trademarks and payment-scheme marks shown on the Site (for example, Visa, Mastercard, and Apple Pay) are the property of their respective owners and are used for identification only. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for its intended purpose. You may not copy, reproduce, modify, distribute, or create derivative works from the Content without our prior written consent.

The Site may link to third-party websites or services, including our merchant dashboard. We do not control, and are not responsible for, third-party sites, content, or services, and a link does not imply endorsement. Your use of any third-party service is subject to that party’s own terms.

To the maximum extent permitted by applicable law, the Site is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. We do not warrant that the Site will be uninterrupted, error-free, or secure.

To the maximum extent permitted by applicable law, Vianta and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of, or inability to use, the Site. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Vianta and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

Our handling of personal information is described in our Privacy Policy. By using the Site, you acknowledge that Vianta may process information as described there and as required to meet its legal and regulatory obligations.

We may modify the Site or these Terms at any time. Changes take effect when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We may also suspend or discontinue any part of the Site.

We may suspend or terminate your access to the Site at any time, without notice, if we believe you have breached these Terms or applicable law, or where necessary to comply with legal or regulatory requirements. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any mandatory provisions of applicable law, you agree to the exclusive jurisdiction of the courts located in British Columbia, Canada, for any dispute arising out of or relating to these Terms or the Site.

These Terms, together with any MSA and the policies referenced here, constitute the entire agreement between you and Vianta regarding the Site. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them. These Terms create no third-party beneficiaries. We are not liable for failures or delays caused by events beyond our reasonable control.

Questions about these Terms can be directed to compliance@payvianta.com. Vianta Payments Ltd., 2nd Floor, Suite 203, 2121 160 St, Surrey, BC V3Z 9N6, Canada.